Evening journal., 1907-02-20

then been paid into the registry OF this
cojift, on account OF said purchase
price, and five hundred and seventy
FIVE thousand dollars Cs575,O0O), the
whole amount of said purchase price.
which said sum OF money, to be secured
by said bond as aforesaid. should be
paid on account OF said purchase price
either in bonds OF the Diamond State
Steel Company or in cash. according
to the conditions OF the order of sale
thereinbefore mentioned. and with
further condition TO abide by any
further order or orders Of this court
relative to the payment of said pur-
chase price; and further ordered that
when and as soon as the said John b.
NewltirlS should have fully complied
with the terms thereinbefore set forth
the return OF sale by said receivers OF
the property aforesaid, filed in this
court on the second day OF January.
1907, and the sale Of the said property.
would in all respects be ratified, ap-
proved. confirmed and made absolute.
and thereupon the said receivers would
be ordered and directed forthwith TO
make, execute and deliver to the said
John 3. NewISirk a deed or deeds OF
the said property so purchased by him
as aforesaid; and it further appearing
from the record that in and by the de-
cree and order Of sale, modified and
amended as aforesaid, it was provided
that the purchaser or purchasers at the
sale should pay in cash to the receivers
ten percentum of the purchase price
bid for the property when the same
should be struck off, and the balance
of the purchase price before the con-
firmation Of the sale by this court, and
that If any bid should be accepted by
the court, and the person or persons
making the same should fail fully to
comply with all the conditions OF sale
and orders Of this court in respect
thereto, the said ten per centum Of the
purchase price paid by the purchaser
or purchasers when said property was
struck of, should be forfeited ana ap-
piled as the court night direct, and
it further appearing from the record
that the said period OF thirty days al
lowed to the said John Newkirk for
paying into the registry Of this court
the unpaid balance in full Of said pur-
chase price. or for the payment into
the registry OF the minimum sum Of
one hundred and sixty-seyen thousand
FIVE hundred dollars, Csl675O0) and the
execution and filing with the clerk OF
this court of bond. with condition and
sureties as aforesaid has fully expired,
and that the said John 3. Newkirk
has failed and neglected to comply
with the order Of this court IN that be-
I half, and has not since the making OF
the said order Of the nineteenth day Of
January, 1907 made any payment into
the registry Of this court Of any por-
/ ton of the unpaid balance OF said pur-
/ chase price, or executed and filed with
the clerk OF this court any bond under
or pursuant to said order.
Tt is now ordered by the court that
a rule issue and be served on the said
John B. Newkirk. or his solicitor OF
record requiring him. the said John b.
/ NewlSirk, to appear before this court
on Tuesday, the twenty sixth day OF
February, instant, at eleven o'clock in
the forenoon, and then and there show
cause, il any ne has, why the said sum
of fffty-seven thousand five hundred
/ dollars Cs57 5O0) deposited in the regis
try OF this court as aforesaid. should
not be forfeited, as provided in the
said decree Of sale. as modified and
amended, and applied as this court
hereafter may direct, and why this
court should not order and decree that
the sale Of the said property to the
said John b. NewlSirk should be set
aside and that the said property be
resold at public auction at the risk
of the said John b. Newkirk; the said
John B. Newklrk to be chargable with
and to pay the amount Of any defi-
cheney in price arising upon resale OF
the said property and all costs.
charges, interest, expenses and loss, as
shall hereafter be ascertained and de-
creed 10 have resulted from the fail
ure and neglect Of the said John B.
Newklrk to obey said order OF the
nineteenth day OF January 1907, and
complete his purchase, so far as tho
same shall not be covered by the said
sum OF fifty-seven thousand FIVE hun
dred dollars ($57 ,5Oo), deposited as afore
said
And the court hereby reserves the
right TO take. proper action in any pro-
ceedings that hereafter may be insti-
tuted in this court against the said
John B. Newkirk for his said dis
obedience.
Csigned) Edward G. Bradford.