Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-13
IN EQUITY.
CONSOLIDATED.

which the court shall adjudge to be
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 shall he made
subject to all demands, claims. abate.
mcnts, discharges, lapscs, superior in
equity to the first mortgage bonds of
the Hampton Roads Railway and Jluc-
trio Company. us well as to all supply
and labor liens and other liens ami
claims which may hereafter be all
judicated b" the court to have priority
over said mortgage bonds, provided
however, That SUCH demands, orders.
etc, Or liens or claims have been
heretofore proven before the commits
sloner in this cause, or Shnll be proven
before the said commissioner prior to
the first day of October, 1905, and not
thereafter. But it is not intended by
anything in this provision, to require
proof before said commissioner of any
Ice or cost unless the court shall here
! after sec fit to require the same And
all persons whom it may concern are
hereby notified that all pcrsUns who
hold claims Of any character whatso-
ever agains. the said Hampton Roads
Railway and Electric Company, or said
| receivers, arc required to prove the
same before the commissioner in this
cause, prior to the first day IF October,
1903, rs above provided.
III the event that the said purchaser
! or purchasers. or his or their assigns,
shall after final adjudication and de-
| mand refuse to pay any of the said
| Indebtedness or liabilities. the persons
| holding tho claim thereof. upon fifteen
days notice to such purchaser or pur-
chascrS, or his or their assigns, may
file his petition II the said court TO
| have such claim enforced against the
| property aforesaid, in accordance
with the usual practice of the Circut
Court of the United States fur the
Eastern, District of Virginia, in rela-
ton TO claims of similar character;
and such purchaser, or his assigns,
! shall have the right to appear and
make defense to any claim or debt or
demand 50 sought tn be enforced; aud
any. party shall have the right to APP
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.take and
resell the property in the event that
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 jndrbt edncss or
| liability.
The purchaser of the said property
shall take the same subject TO the per-
formancc by him. or his assigns, of
all pending contracts therefore law
fully made by the receivers in respect
thereof, with all rights thereto enjoyed
and held by tho receivers. ,n
| Upon paymCut of tho purchase
price by the purchaser Or purchasers
| or upon making such provision rs the
court shall approve for the payment
| thereof, the commissioners will exc
| cute u deed or deeds conveying the
[ property and franchises sold to such
purchaser or purchasers, or his or
their assigns anil on the execution
and delivery of such deed pr deeds the
grantee will be let into the possession
OF the premises SO conveyed and the
receivers will deliver such property
over to the purchaser or purchasers,
his or their assigns, subject TO the con.
liiiOn that the court may rc-take 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 in respect
10 the payment Of the prior Indebted
acsS, obligations and liabilities as pro-
| vided in said decree or said supple
mental decree.
The purchaser or purchasers of the
property and his or their assigns, re-
| spcctively, after such delivery of said
promises, shall hold, possess and en-
Joy the same, and all the rights, priv
lcgcs. immnnitics and franfhiSes iap-
pertaining thereto, as fully and COM
2lctely 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 at any time since;
| and tho purchaser or purchasers and
his or their SUCCESSORS. or assigns,
respectively. shall thereuppn be en-
titled to have and hold the premises
] so conveyed free and discharged from
he lien and incumbrancc Of said mort
gage dated February 1St. 1901. and
from the claims of all other parties to
his cause and those claiming under
them. save only as herein expressly
reserved. but subject to such claims
md allowances as heretofore, ordered
10 he paid or hereafter shall he adj
Judged 10 be prior i'll lien Or. superior
III equity to said mortgage and, which
Is provided in said decree or supple
mental decree may he required to be
paid In addition to the purchase price
bid.
The PURCHASER shall comply with
my and every condition herein men
toned or mentioned in said decree az
fully and completely as IL expressly
set out herein, reference thereto being