New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-28
MASTER'S SALE.
NOTICE OF SALE.

10 80 RivST Power Transmission Company.
Ballston Spa Light Power COMPANY sar-
atoga Gas. Electric Llgnt r0~rr ons
Madison County Gas Electric company,
pefendants.-In Equity-Consohua'eu P'i
'S %oTIcE is is HEREBY GIVEN that pur-
suant TO decree entered in the aoo'e-
entitled consolidated foreclosure cause so, IA
equity. dated the 18TH DAY OF Su, sSfs,,ca -;
and duly entered and filed IN the o,Ii 60 -.
the Clerk OF the United states Circuit SouI.
for the Northern District Of New J OK ,'o, a.
Ttoa ~ " on the dssn da Mos 81 APPOINTED
in and by said decree 70 make me me. s1 ss
hereinafter mentioned, Will on we -'tl W.
forenoon OF that day, al the main entrance
OF the County Court House IN me Ni 5s
OF Ballston spa. County or sarat9ga' S,,t do
OF New York offer for sale and sell al puDIc
auction 10 the highest bidder or bld9ers
therefor, upon the terms ana cond!uons
prescribed in said decree ana upon 'le te...s
and conditions herein set forth, the properly
and premises real, personal. and mixed
rights, privileges and franchises hereinafter
and in the mortgages foTseaosea IN ana WY
Mortgage made by the Hudson River Na'ess
Power Company 20 The Trust Company ot
AoTams:r as lsaa snd the mortgages supple
mental thereto. securing an authorized issue
OF $4,000 GOO OF bonds; Mortgage maze ny
Hudson River Electric Company 70 the MOT
18th day OF December. 1901. and the mort
gage supplemental thereto securing an az
thorized issue Of s.. 100000 OF bonds OIL
lateral Mortgage made by Hudson River
Water Power Company 10 the Morton Trust
Company. as Trustee. dated the loan day OF
July, 1902 securing the guaranty by the
Hudson River Water Power Company OF the
payment Of the principal and interest or the
River Electric Company: Mortgage MADE oy
the Hudson River Electric Power Company
10 Knickerbocker Trust Company. as Trustee
dated the I'd day Of January. 1904, ana the
mortgage supplemental thereto, securing an
authorized issue Of 81. 600 OF bonds Col
lateral MortEage made By Hudson RIVER
booker Trust COMPANY, as Trustee. dated the
Sth day OF April. 1905, securing the guar
Gnty by the Hudson River water rover
Company OF the payment OF the principal
snd interest OF the aforesaid s.. 900. 600 OF
bonds Of the Hudson River Electric rover
Company: Retunding Mortgage made by the
Hudson River Power Transmission Company
20 the Knckerbocker Trust Company, as
Trustee dated the 18th day OF June, l3uo.
securing an authorized issue Of Sl,2'loog or
Refunding Bonds. Of which SIN,oOO n race ice
value are outstanding. Mortgage MADE ny
Saratoga Gas. Electric Light Power TTorn.
pany 10 the New York Security q trust
Company, now known The New YORK
Trust Company as Trustee dated me Isl
day Of February ls9d. securing an du. .I{nn
Sl23, 500 in face value are now outstand-
ing First Mortgage made BY Madison eonn-
American Trust Company. nov known as
The Trust Con17any OF America az trustee
dated the LIST day OF January, leo2. securling
an authorized issue OF 5000 600 OF oonds'
First Consolidated Mortgage made by Madl-
son County Gas Electric Company 70 re
North American Trust COMPANY nov Known .a
Trustee. dated the 1st day OF August lSo4:
securing an authorized issue OF S5ol,'o OF
bonds Of which $50 600 IN face value are
now outstanding; excepting however there
from the proper les % the Madison county
Gas and Electric Company, which VIII pc
sold at another time and place as herein
a
The several properties hereby respectively
noticed for sale will be sold subject 70 an
taxAs assessments. and other public charges
.chargeable upon the said respective proper
ties prior 10 the lien OK the MORTGAGES On
SAID respective properties foreciosed og re
terms Of said decree. and eacn ana ~ o.
the aforesaid respective properties VIII De
sold subject also 70 any mortgages when ars
r-ior IN len thereon 70 the respective Nens
and -esDective mortgages foreclosed IN the
aforesaid consolidated cause. existing IN faNor
Of any person or persons corporauoh OF
soiidated cause or 10 any OF the causes arts
ing upon the bills or cross bills or tore-
closure consolidated herein. A statement or
the approximate amounts and general cnar-
acter Of said prior liens or eacumnrahccs
Will be read az the sale. The properties sold
hereunder UPON the foreclosure OF the re-
funding Mortgage Of the Hudson River
Power Transmission Company Will no SOFA
subject 70 the prior ana superior
Company made 20 The Mercantile Trust COM
PAW as Trustee dated March 10TH. 1ssS,
aCf1OTi.eQ trN'f'''
face value OF bonds. all OF which are now
outstanding.
It shall be a condition Of the sale Of
each q The properties real and PERSONAL
described herein and hereby offered LOT SAFE,
that the purchaser or purchasers shall as
a part Of the consideration FOR sucn SAFE
and in addition 70 the price bid assume snd
discharge any and ali claims that shall be
finally determined by said Court, upon IN
tervent,ons filed by any creditor. other tnan
q bondholder OF any Of said uortgagor COM
panies 20 have a lien superior IN rank 70
the len Of the respective mortgages. fro-
yided however that such claims snail ne
asserted herein BY Intervention filed on or
before the 2lst dav Of August, 1911, other
wise such claims not 30 asserted snal P s
barred from participation in the benefits IN
said decree provided. The said purchaser
or purchasers shall also assume all pending,
uncompleted and not fully executed con
chased whether easehod or otherwise, MADE
IN the name OF tire respective companies by
creditors' bill IN equity on the 8lst dav Of
October 1905 or in tho foreclosure causes
thereafter instituted therein, or made by lhe
said Receivers in their own names az fe,
ceivers for the operation. main enance ana
bstterrnent OF the respective plants and sys-
e tsps 9T ans sSal Sq also assume abty for
all claims IN tort or for negligence Of ire
Receivers or their agents. servants or en-
plovees. whether IN suit or presented or not.
arising during the period OF operation ~ the
respective plants by said Receivers appointed
by said Court, which shall not have been
paid and discharged by said Receivers by
the tine of the delivery of the deed under
said sale TO the purchaser or purchasers. or
his or their assigns or successors.
In the event that such purchaser or pur-
chasNrs shall refuse after written demand
made 70 perform any such contract or 10
discharge any such Indebtedness. Obligation,
or liability, the person or persons holding
the claim therefor may. upon fifteen I'D
davS' notice 70 euch purchaser or pur-
chese-s. their successor OF successors, as
-Fe~7u
said Circuit Court 20 have such claim en-
force1 against the respective property
aforesaid IN accordance with the usual
practice of said Circuit Court And such
purchaser or purchasers. and his or their
successor or Successors. assign or assigns.
shall have the right 10 appear and make de
sought 70 be enforced ana either party
eban have the right 20 appeal from any
Jurisdiction II said Gauss Is retained by
the said Circuit Court for the purpose OF
enforcing the foregoing provisions in said
decree contained. and the said Circuit Court
reserves the right 70 re-take and resell
said respective properties IN case the pur-
chaser or purchasers his or their Successors
order u the said Circuit Court IN respect 70
the performance 81 such contract or me
r,v-1apt OF such Indebtedness obligation
o. liability within thirty 800 dave after
service Of a certified copy OF such order.
10 pgrsh as ,,c T xyf II Pg soid 9ecTea FOR
an unpaid Indebtedness ~ the Receivers or
for anv work done or materials furnished
under any unfinished contract, except such
ss sbaf have been done or furnished after
tbs delivery OF possession ~ the properties
sold 10 such purchaser and with his con-
Eouf euhfect 70 that exception me SAID
rnathod in snid decree crowded for en-
f4rcirg the liability OF the purchaser for the
i,npa1d Indebtedness and other obligations
~ The Receivers or for their unfinished
contracts shall be exclusive Of all other
remedies.
The purchaser or purchasers Of the sa'f
,,roperties. or any Of the said parcels. snail
ie deemed ~ have purchased az contracts
t,cl,ding those for the sale ~ light heat.
ava power made b. tho respective mort
gagor conuanies prior ~ the appointment
~ tho Receivers on October 81, 1905. IN
Yass frs said purchaser or purchasers snail.
within six months after confirmation Or the
enie on "a les hereunder. file ~ said ,ircut
Cou-, with the Clerk thereof an eIecuon
4, ,v~fftrg not N take assume sucn ~
eaid contracts az ara specifically set forth
N aid election: and no performonce OF any