The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-11-02


worth and Henry K " arner. Receivers here |
tOfOTe appointed In this cause, and upOn |
the petition ni the Receivers that Il decree
,hOuld be entered author Zlng them TO sell ~
the North P0Wnal Manu- acturing Company as
therein set nth and II appearing that all per.
sons interested have been duly nouhed In az
coTdanee with the dirt .JiOnS OF THIS lurt and
no enc appearing In Oppo iti0n hereto IL is, up
on motion OF counsel for the Receivers
ORDERED ADgUEGEO aud DECREED
o. iOllOws:-
l. The Rece veT3 ave hereby authorized and
directed to ole iOT sale ana 10 Sell az pubic
aucfio at such tire as tie Il, ceivefs may de
termine, subject 10 ire .OnOwnp order AS TO
dOuse OF Bennington We mont, Rnd as one en-
tire lot ~ The D'Operv OF the North POwnal
Manu- ur.rg Company ilcluding an rgl es-
tate tnd Interests IN real estate both legal and
eau able. plants, bal dings and water rights,
aud al machinery. equipment, supplies, raw
m. re rails. st1cS IN prUce-9 bnishe gOuds, pat
elts, scored processes. nOtcs ana accounls re.
eeivetble cont acie, order shares OF stock ard
other securities good WIZ ard al other per-
sOnal property Of the said Company. and the
/ busire as gOinH concern under zoe ume
! North Pcwlal ulanu dcturing Company carried
/ on by ihe Receiver, and all property lights OF
every nature real p-r-Ondl or mixed. In the
] bands or control Of lie said Receivers except
| ing however, C "a on hand and cash deposits
| held or or claimed by the Receivers, provided
! IN e Receivers my In y cir discretion e.
| POwn a Manufacturing company fled VITO the
Peceiycrs OF The Aruold Erlnt WorSs.
| 2 Nodce OF such proposed sale shall lie
| r;v-ntl aIl re- Ons IN eiestet by pub lthDg
notice Of the lime and p ace and cond ions OF
such sale and a les Ell COPS Of this decree
tOgelh her will a de cuplOn oil the real ssifte TO
] be old. &c a wee, iOr al lecslt ar ~ weeks
prior 10 such s.le In Pennington kye1ing Bln-
nee newspaper publ's he'd IN tire civ OF Ben
| niugtJr, Vermont and by publ Ding notice OF
i've lime place AND conditions OF such sale and
J a attestcd cory OF this Older Ouce - week for
at le ST fOgr (4) weeks priO % such sale m The
/ EOst N DAILY Advertiser newspaper publish
IN the City OF Boston. MpsSdchu ets, Ia the
| North Adams Transcript, new PAGER pub
lished IA the Guy OF Mouth Adams Masspchu
sets. anl IN the Journal OF Commerce news
paper Published 10 the City OF Flew York, New
York end by mdiling copy hereof 10 ell X own
creditors OF Ire NOnh PJwr.l tiauuisclurinY
Company. Iie receivers my In heir disc C.
lion iiOurn or postpone such SAFE from lime
10 time aud without iurtter rOtlceO' advertise
meot nav proceed win such sale NJ tire time
ID wbhh ~ may have b en- GdiOurr'd.
g. Such sale seell be IA de sub lect 10 the
confirmation OF IN Cou-t p I'd 10 Tue terms ara
cOndl,Ops OF ih'. decree ard the ssid property
shall Ia no eyent be sOld or les tina one hun
cred AID niy thUus. nd cOlars Vl1tDO. No
bids sh III be rctriY ~ sad ale unlc Tue
bidder seal PRIOR % tie o. en ng oil Ire sale &C.
post WITH the Receiver, subj O. , ile uriher
order OF this COuri, ca h or a ceri FED checK
payable 10 tte Receive s Or hei order on ONE
/ Nhl'OlAl Lawn ~ Aut ~ Va .Nu W ~ thN
City Of New York 70 the RrOnut o, wcn i've
| thousand dol ats (sli,' ~ my auch deposit
made by an ur uccessiui bidde' sndll be -
turred 10 him By The R'ecly-is at tue close OF
| be sale. Such deposit made bY the successful
bidder shall be ret 4ined hy he tet ewes sui
iect ID the luTlhef order OF us Court ara II
the sale shall not be confirmed such depo IL
7 shall be retutred 10 me delosltlr. II upon ard
after The conirra on OF NE sale bN Inc Odrt
he purchaser sb.ll fail 10 Tly he Dalarce OF
The purchase pr ce OF Ia any u pect fail 70
comply win the terms ard ccndluOns OF the
s.le. or With any orders ol the Court relative
? thert TO, such depot. unle.s The Court sha'I
Otherwise order. shdI be fO.ie 81 by The ce-
pOsitor and shal be retained by he .:eeelyeIs
as assets Of TIE North POwnal Manufacturing
, Comp by and The Receivers shall tpervaltsf BE-
discharged OF al obligsuOTs - the depo1bf
his Representatives or es,igus with reference
thereto. but II the pnrchd er sndil comply vi }
all SUCH terms ara cOndlii0rs OF tho SAFE and
b. orders OF Court relative thereto. such deposit
Snail q creditsd as part taymrnt OF the Ldl.
chase price upon hcal adjustment Win such
purchater ANY purcha er who NAV be en-
{ iilCd 70 receive any payments under eny Ordei
OF distr bu lou which may be mtde IN TINS
4 cause shall be eniitiS d 10 rave the amounts O
! ! such paymeu = applied % rccOurt OF TIE PA
chase pilce Ia such mapper - this I Ohrt may
I deieim ire upon confirmation OF the SAFE, pfo
, vidCd however q At anv purcnk ~ mus Oh OF
, before tue cate When transfer " tile Is erected
pay 10 cash 10 the receivers such pOrt "a II M
purchase price rs the COutt NAV order TO b
q app led 10 payment CT Receivers Geo lhoA'es @
indebtedness outstanding .he compassionate
q he Receiver their counsel fees. FccOunt9
s kel or her expenses OF administration IN
/ Court r. erves The right 90 reject aaN ard al
bids ard authorizes the Receivers 20 make suci
, other terms ard conditions oil sale rot irc0n
sisfent herewith ~ IN their discretion ma
seem wise aud prudent.
[ 4 Sad property shall be sold subiec. 60 an,
= and an lieas Tor unpaid taxes aud assessment
= OF every nature aud subject TO All other cbarsC
J. liens aud eucumhrauces the't1l, " any, Whicl
Il may be out,tndlug AZ the tune when tfansfe
d. Of title Is edectsd. whether tue same eN'ste
At the time when a Rec, iyer WIS., apo nted I
this c-use or have arisen hereafter ara ais
subject 70 az Outstandi ~ CONTRACTS liaOllitie
= aud obligations Of I q Receivers. and tne paI
S chaser sball assume and covenant and agree
?. per form the same and 10 idemnhy aud say
harmless the Receivers therelrOm. aud SAT
property sra be charged herewith and Wit
X said covenant and Ng,eement ara the deed q
conveyance shall establish such lien an
charge Tor the performance of such obligation
a and for the protection Of the Recely n in SIC
manner and form aud % such extent aud 70
:, such time a. he Court may hereafter deter
!. s. The Recet ers sh n continue IN the DO
a ses' lon control AID management OF said pr0l
city AVID may cOntiuue he business OF m
J. North POwral Manufacturing Company 70 sue
extent as t'ey deem adv sAbl uuid igrhe
order OF this Court relative iher 10 ard ma
s use ,he G. h Ia their faudi ezcrp d hom q
|. a'e as aiOrefa'd ua well % any uthc more
. which may be receive by Them. ana apply ~
y y, ~ o he expenses ci the bu ~. aud maj
Y. q enent aud prot uiou OF the property and I
/, tie pc otmauce Of their OhtgaliOrs whethc
+. aNe..' yO' hereafter Incurred. he AID Ir0r
cry a. BUSHES sh.'l ue conveyed and lrau'
D. fer, q ~ they silod on the date when transie
OF title u effected and an adjustment sha
thereon he wa ie whereby any exec OF none
r. r 'elycd by tbe Receivers alter The DAY OF sai
a sale other than payments ON account OF VI
" purchase price, over and above the M uey ~
r. a hN hal ffna a. uffffNau
II fhah be paid over TO tie purchaser and ant eA
r cess OF such CN enditurcs over Su n recelpa
:, stan TO repaid TO the Receivers by the pu
u chpScr.
IS 6. The Court expressly reese YES the right {
Is make such ia ,her oder aud direcVO IN IN
! preui ,cs as NAV seem lust ard proper
= At Che mhers, Bra uvhoru. District OF We
r. mont this - b ay OF octoocr' A, y WA
JAMES l.. MARTIN.
ID. Julgc.
y A'ue copyi
2 ANNIE BROWN.
q Deputy Clerk
Under and pursuant to the authoiit
a and direction of the above decree gnu
N subject TO the conditions therein Sc
n forth the Receivers will sell az public
a auction on Wednesday Dec 2nd. 1905
at eleven o'clock a. M, at the Count.
n. Court House OF Bennington County
~ In the City OF bennington. Vermont. n
" one entire lot all The property OF tn
4. North pownal Manufacturing Com
:, pany including all real estate aud IN
~ terests In real estate both legal AM
" equitable. plants, buildings and waite
y rights. and all machinery eQuipmon
supplies. raw materials. stock In pro
~ cess. finished goods. patents, secre
processes. notes and accounts reCeiy
able. contracts. orders. shares of stool
and other securities. good will aud al
other personal property of the salt
company and the business as goinl
concern under the name North Pow
nal Manufacturing Company carrlet
ON hN Tho RnrnlNnra md all nrnmnrIl