Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-06
IN EQUITY.
CONSOLIDATED.

WHICH the court snail auJuuSe 10 Do
prior in lien or superior In equity to
the said mortgage, and Of which the
court shall direct the payment, that
is to say, the said sale shalliBe made
subject TO all demands, claims, abate-
mcnts, discharges. lapscs, superior In
equity to the first mortgage bonds of
the Hampton Roads Railway and Elec-
trio Company. us well rs to'nll supply
AMI labor liens and othcrrliens and
claims which may hereafter he all
Jutlicatcd By the court 10 have priority
over said mortgage bonds. provided,
however, that SUCH dCmandH,r orders.
ETC.. or liens or claims have been
heretofore proven before tho commits
sioncr In this cause, or shall he proven
before the said commissioner prior to
the first day Of October, 1908. and not
thereafter. But 1t is not intended by
anything in this provision to require
proof before said commissioner of any
fec or cost, unless the court shall here
after sec iit to require the same. And
all persons whom it may concern are
hereby notified TINT all persons who
hold claims of any character whatso-
ever against the said Hampton Roads
Railway and Electric Companyipr said
receivers, arc required to prove the
cause, prior to the first day OF October,
1905. US above provided.
In the event that the suid purchaser
or purchasers, or his or their assigns,
shall after flnul adjudication and de-
mand refuse to pay any Of the said
Indebtedness or liabilities, tthenpursons
holding the claim thereof. upon fifteen
| days notice to such purchaser or pur-
chnscrs, or his or their assigns, may
file his petition II tho said. court to
have such claim enforced against the
property aforesaid, in accordance
with the usual practice of tho Circuit
Court OF the United States for the
Eastern District of Virginia, in rela-
tion to claims of similar character;
and such purchaser, or his assigns.
shall have the right tn appear and
make defense to any claim or debt or
demand 40 sought to lie enforced; and
any party shall have the right to up.
peal from any Judgment, decree or or
der made thereon.
For the purpose of enforcing the
foregoing provisions. jurisdiction of
this cause will be retained and the
court reserves the right to re-takc anu
resell the property in the event TINT
the said purchaser or purchasers ur
his or their assigns, shall fail to COM
ply with any order of the court for the
payment OF such prior Indebtedness or
liability
The purchaser of the said property
shall take the same subject to the per:
fornancc by him, or his assigns, Of
ali pending contracts therefore law
fully made by the receivers in respect
thereof. with all rights thereto enjoyed
and held by the receivers. je't
Upon payment of the purchase
price by the purchaser or purchasers
or upon making such provision as the
court shall approve for the payment
thereof the commissioners will exc
cute II deed or deeds conveying the
property and franchises sold to such
purchaser or purchasers, or his or,
their assigns and on the execution
and delivery of such dccd,or deeds the
grantee will be let into the possession
OF tho premises so conveyed and the
receivers will deliver such property
over to the purchaser or purchasers,
his or their assigns, subject to the con-.
ditiUn that the court may'Te-tuke and
resell the property in case any such
purchaser or purchasers, his or their
assigns, respectively, shall fail to pay
any of the balance of the purchase
price remaining unpaid. or to comply
with any order of the court i'm respect
to the payment OF the prior indebted
ness, obligations and liamlittesiIHB pro-
vidcd in said decree or said supple
mental decree.
The purchaser or purchasers of the
property aud his or their assigns, re-
spectivcly. after such t;elireryLhfsaid
premises, shall hold, possess and en-
| joy the same. and all the rights, priv
ilegcs. immunitics and franchises APP
pertaining thereto, as fully and COM
pletcly. as the Hampton Roads Rail-
way and Electric Company, or the re-
ccivcrs thereof. now hold or enjoy the
same, or held or enjoyed. or were en-
titled to hold or enjoy the same
ut the time of the execution Of
said mortgage or ut any time since;
and the purchaser or purchasers and
his or their Successors, or assigns,;
respectively, shall thcreupon be en-
titled to have and hold the premises
so conveyed free and discharged from
The lien and incumbranco of said mort
gage dated February 1st,G1301. and
from the claims OF all other parties to
this cause and those claiminBlTunderi
them. save only rs nereinp expressly
reserved, but subject to such claims
hnu niioWuuSSo OlNCiCui
to be paid or hereafter shnlin be adj
judged to he prior In Hsna OH Buperior
i'm equity to said mortgage 1lIdhwhich
as provided in said decree or supple
mental decree may be required to be
paid In addition to the purchase price
bid. ,.it'-C ~ ,iIH tGGetl6
The purchaser shnll comply with
any and every condition herein men
toned or mentioned in said decree as
fully and completely rs IL expressly
sct nl1t herein rnfc- nee thertfn hainP