New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-14
MASTERS SALE.
NOTICE OF SALE

~ InE CIRCUIT COURT OF THE
New York,-EBEN H. GAY and Jose JOSEPH
w JACKSON. Complainants, against HUD-
s soN RIVER ELECTRIC POWER COM
fANf, hudson River Water Power Com
pany' hadson River Electric Company. Hud-
son River Power Transmission Company
stoga Gas. Elestric Light Power Com
pany. Empire State Power Company. and
Madison County Gas g. Electric Company.
Defendants-In Equity.-Consolidated Fore.
closure Cause.
NOTICE IS HEREBY GIVEN that pur-
soant 10 a decree entered in the above
entitled consolidated foreclosure cause in
equity, dated the 18th day OF July 1911.
ana auIy entered and filed in the office OF
FOR the Northern District OF New York. at
LcSa, n y, on the 18th day OF July. 1911,
!, the undersigned, Special Master appointed
in and by said decree TO make the sales
hereinafter mentioned. wiz on the 10th day
OF ASGust 1911. at eleven o'clock in the
forenoon OF that day. at the main entrance
OF the County Court House In the Village
OF Banston Spa, County of Saratoga. State
OF New York. offer for sale and sell at public
auction to the highest bidder or bidders
therefor, upon the terms and conditions
prescribed in said dscree and upon the terms
and premises. real, personal, and mixed.
rights. privileges. and franchises hereinafter
said decree more fully described. to wit:
Mortgage made by the Hudson River Water
Power Comosny 10 The Trust Company OK
america as Trustee. dated the 10Th day OF
November, 1899. and the mortgages supple
mental thereto. securing an authorized issue
OF $1,000. 600 OF bonds; Mortgage made by
Hudson River Electric Company TO the Nor
ton Trust Company, aH Trustee. dated the
18th day OF December. 1901. and the mort
thorized issue OF So ooooo0 Of bonds; Col
lateral Mortgage made by Hudson River
Company. as Trustee. dated the 10Th day OF
July, 1902 securing the guaranty by, the
payment OF the principal and interest OF the
aforesaid 81. Ooo. 600 OF bonds OF the Hudson
River Electric COMPANY; Mortgage made by
the Hudson River Electric Power Company
10 Knckerbocker Trust Company. as Trustee,
dated the Cd day Of January. 1904. and the
authorized issue CT S. 100000 OF bonds; Col
lateral Mortgage made BY Hudson River
water Power company 70 mo XII hndk .h.
sth day Of April. 1905. securing the guar
anty by tho Hudson River Water Power
aRa interest," of tbs S aforesald 900 Of
bonds Of the Hudson River Electric Power
Company; Refunding Mortgage made by the
10 the Knickerbocker Trust Company, as
Trustee. dated the 18th day n June 1905:
securing an authorized issue OF 81 200 Ooo OF
Rcfundlng Bonds, OF which $3.50, 600 in face
value are outstanding. Mortgage MADE ny
Saratoga Gas. Electric Light & Power Com
COMPANY NOV known as The New YORK
Trust Company as Trustee dated the ISL
lied issue OF 5000 600 OF bonds. OF which
Sl23500 In face value are row outstano-
Ing. First Mortgage MADE SV MaClson N1tT-
y Gas Electric Company 70 the Norta
American Trust Company. now known as
The Trust Company OF AMERICA as Irls,ce,
an authorized issue OF 5000 600 Of bonds;
First Consolidated Mortgage made nv Madi-
sen County Gas & Electric Company 20 the
North American Trust Company, now known
az The Trust Company OF America, as
Trustee, dated the list day OF Aug .nl oc Isot
securing an authorized issue Of $500 600 ~
bonds. Of which $50 000 In face value are
now outstanding: excepting however there
en- me PTocsies Of ena M wbicb viii be
sold At another time and place as hefeln-
after provided. .-,-.
The several properties hersoy rsspsctively
noticed for sale will be sold subject 20 al
taxes. assessments, ard other public charges
chsrreabls upon the said respective proper
ties prior 20 the lien Of the mortgages on
SAID respective properties foreclosed ~ Us
terms Of said decree. and each and az on
soiS subject also 70 any mortgages which are
prior IN Zen thereon 70 the respective hehs
and respective ynorgages forse!Gsea N ,,, ys
aforesaid consolidated cause. existing N faNor
OF anv person or persons, corporation OF
corporations. not a party 70 the sald con
solidated cause or 20 any Of the causes aris-
ing unon ire bills or cross-bis OF fore
closure consolidated herein. statement or
the Approximate amounts ana genera MAJ
acrer OF said prior liens encuuorances
will be read at the sale The properties sold
hereunder upon the foreclosure OF ne Re
power Transmission Company will be sold
subject 10 the prior and superior mortgage
IF HUDSON River power LTdTsIllsslNu
Company made 20 The Mercantile Trust Com
rany as Trustee. dated March 10Th. lesS,
70 secure an authorized issue o. 100000 IN
face value OF bonds. all OF which are now
outstanding
, II shall be condition OF the sale of
each CT the properties, real ara personal
described herein and hereby offered tor SAFE,
that the purchaser or purchasers snaI!, as
a part Of the consideration for such sale
and in addition 70 TIE price BID assume ana
discharze any and ali claims that shall oe
finally determined by said Court. upon in
terventions filed BY any creditor, other tnan
. bondhoider. OF any Of ssid rnortgagor com
panies % have . len superior IN rank 70
he len 81 the respective mortgages; Pro
vi6ed. however that such claims shaH De
asserted herein BY Intervention filed on or
before th4 2lst day Of August. 1911. cther-
haired from participation in the dement's N
said decree provided. The said purchaser
or purchasers shall also assume all penang
uncorapleted and not fully executed con-
tracts IN respect 20 such property so pur-
chased whether leaSehold or otherwise, nnade
IN the name OF The respective companies oy
the Receivers since their appointment N inc
creditors bill IN equity on the DIST Gay or
October. 1905, or in the foreclosure causes
thereaftAr instituted therein. or made by the
said Receivers in their own names as re.
ceivsrs. for the operation. maintenance and
tens operated BY such Receivers as a going
concern, and shall also assume LIABILITY LOT
al claims in tort OF for negligence OF the
Receivers. or their agents. servants OF en-
ployees. whe- her in suit or presented or not.
arising during the period Of operation q ne
respective plants by said Receivers appointed
by said Court. which shall not have been
paid and discharged by said Receivers by
the time OF the delivery Of the deed under
said sale 70 The purchaser or purchasers, or
his or their assigns or successors.
In the event that such purchaser or pur-
chasers shall refuse after written demand
made 70 perform any such contract or 70
discharge any such indebtedness, obligation,
or Liability the person or persons holding
the claim therefor may. upon fifteen 40
days notice 70 such purchaser or pur-
chsssrs. their successor or successors. as
Sign or assigns, file his or their petition IN
said Circuit Court 70 have such claim en-
forced against TIE respective property
aforesaid in accordance with the usual
practice OF said Circuit Court, And sucn
purchaser or purchasers, and his or TIER
successor or successors. assign or assigns.
shall have the right 10 appear ana maze ue-
fense 10 any claim. debt demand 20
sought 20 be enforced. and either party
shall have the night 70 appeal from any
4udg-1ent decree or order made thereon.
jurisdiction Of said cause Is retained by
TIE said Circuit Court for the purpose of
enforcing the foregoing provisions in said
decree contained. and the said Circuit Court
reserves the right 20 re-take and resell
said respective properties IN case the pur-
chaser or purchasers. his or their SUCCESSORS
or assigns shall fall 20 comply with any
order OF The said Circuit Court In respect 20
the performance OF such contract or the
payment Of such Indebtedness obligation
or liability within thirty t50l Gays alter
service OF n certified copy Of ouch order.
no purchaser viii be held personally
liable under Article XXI Of said decree for
anv ,jnpaid Indebtedness OF the Receivers or
for snv work done or materials furnished
under any unfinished contract. except svch
shall have been done or flrnisnea a,ter
the delivery Of possession or the properties
sold 70 such purchaser and with MS con-
sent Subject 70 that exception me SAID
method in said decree provided Tor en-
forcjng the liability Of the purchaser for the
unpa,d Indebtedness and other ohllgafiohs
% the Receivers Or for their uniinlsh.n