Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1916-11-22

l tGl III 44tQ E0Afe8 OF 4tOG = OF the D08sA<n 88A
Yarmouth steamship Company, La. pledged
| - aforesaid. shall have been cold prior to the
! sale in enforcement Of said pledge. then the
cei and q an entirety ali the Remaining prop
erty and interests in property Of the Easiern
steamship Corporation, ard its recsivsrs,
speeis ss s .eseps the sese.. and
| best bid therefor and will knock down said
| property 70 such bidder subject to confirms
| ton OF the sale by the court.
In making the sale directed by said DEGREES
| the special masters will accept no bid rom
| any bidder for the property TO be sold when
graph lei hereof provided. or when offered for
| sale as In sub paragraph (ol hereof provided,
OF when offered tor sale Is in So B. paragraph
any such Offering BY the special masters for
sale. have de posted with She special masters.
. pledge that he will make good his bid In
thousand dollars in cash. or oy certified check
on some national bank or trust company nc
ceptable to the special masters. and made or
endorsed payable to their order. A deposit
made by any bidder for the property to be
sold. when offered for sale ~ in sob para
graph (b) hereof provided. may be spilled on
qualify him to bid for the same property
when offered for sale with other property -
an entirety as in sab. paragraph tcl hereof
quality any one to bid tor the shares Of sock
Of the Boston and Yarmouth Steamship Com
pany, Lid, when offered for sale ~ In sub
Any deposit 90 received from an unsuccess-
full bidder will be returned to him when the
property shall be struck down. The deposit
received from the successful bidder or bidders
will be applied on account OF the purchase
price. In case any bidder upon the scce pit.
Auce OF his bid BY the special masters shall
days afer The entry thereof. with any order
OF she district court OF the United States for
the district OF Maine requiring or RELAXING to
price then the moneys or certified checks de-
posted by such accepted bidder. ~ herein
before provided, will be forfeited a. q penalty
for such failure, and will be applied 70 the
payment Of the expenses OF resale and
toward making good any deficiency or loss in
case the property in respect OF payment OF the
purchase price OF which such accepted bidder
shall make default, shall be sold At less
price on such resale. and to such other pur
poses as said court may direct
II the court shall not confirm any sale, the
d. post inside by the accepted bidder at such
sale will be forthwith returned 10 such bid
der.
by the District Court OF the United states
for the district Of Msiue.
The purchaser, on confirmation OF the sale.
must make such further payment or pay
ments in cash account Of the purchase
price ~ the court may from time to time
direct. So much Of the purchase price -
may not be required by the court to be paid
in cash may either he paid in cash or the
purchaser may satisfy and make good the
residue OF his bid in whole or in part by
turning over to the special masters to be
cancelled or credited or satisfied in whole or
in part any claim OF demand against the
Eastern Steamship Corporation Heretofore
allowed and established as . valid claim or
demand against the Eastern Steamship Co..
porstion and entitled to be paid out of the
proceeds OF sale on distribution Thereof, in
Guiding any deficiency judgment CT iudg.
the First ana Refundtng Mortgage Gold
Bonds Of the Eas stern steamship Corporation,
secured BY its mortgage 1T deed OF trust,
credited on account of the purchase price of
tn property by him purchased for any sach
deficiency judgment or Judgments and for all
sucn allowed and established claims and de-
mands. so turned over TO the special masters
in part payment Of the purchase price. such
sums as would be payable to such purchaser
in respect OF such deficiency Judgment or
Judgments sucn claims aid demand. out
Of The proceeds OF the sale II the whole
amount OF tie purchase price were paid in
cash.
The purchaser or purch Asers OF any prop
erty BY said decrees directed to be sold and
hi and their successors aud assigns Will,
under the terms OF said DEGREES. take the
property purchased by him or them and re-
ceive the deeds or other instrume nts OF con
veyapce or transfer thereof subject to ali
taxes. assessments and other public charges
also, as to the parts thereof covered thereby.
TO any valid and subsisting liens thereon,
in favor of any pc rson. firm or corporation
not q party to said con soil ated cause pend
ing as aforesaid in the district court OF the
United States for the distric. OF Maine or
the constituent causes consolidated INTO said
consolidated cause.
The purchaser or purchasers Of any
property by said DEGREES directed to DE sold
viii also =, part o. Inc ~ .hs ,eT
purchased, and in addition to the sums bid
by them, take such property and receive the
deeds or other Instruments OF conveyance and
transfer thereof upon the express condition
that said property shall be charged with the
payment, satisfaction and discharge OF the
following:
fA1 All costs allowances, compt nsation and
expenses allow ed in said consolidated eau, 9
pending as aforesaid in the district court OF
the United STATES for the district OF Maine
or in the anciIfAry proceedings heretofore in
stituted against the Eastern Steamship Cor
poration by said Berwind- White Coal Mining
| States for the district OF Massachusetts and
\ the Southern district OF New York. and
l ordered TO be paid ont OF the proceeds Of
1 the sale directed BY said DEGREES, but only
| to the extent that said proceeds, and AMI
! funds in the hands OF the receiN ers especially
7 applicable to such purpose shall be insufh
/ cient to satisfy and discharge the same.
| {B,l All liabilities, indie btedness and obliga.
4 tions of the receivers Of the Eastern Steam
\ ship Corporation heretofore. or Mt any time
be delivered K the purchaser or purchasers
! legally contracted or Incurred by such re-
4 ceivers In the management or operation OF
| on account Of the property purchased, which
/ shall re main unpaid or unsattsn, after frs,
exhausting any funds in the hands OF such re-
! ceivers especially applicable to such purpose
4 The court has reserved the right in case tht
property embraced in sub paragraphs (al anc
/ (bl hereof shall be sold to different pur'
| chasers, 10 apportion, as between said par
| GELS, the items mentioned in the foregoinf
| suo divisions A and to which both MAJ
be subject and to charge against the re-
spective parcels their proper proportion o.
! such items.
For 9 more complete statement OF ths
terms and conditions upon which the sale
directed o. said DEGREES will be made. an6
So kAr int Inn n a q q -
are referred to the record in said causei
pending aforesaid in said District Courts
Of the United States for the district OF Maine
| the district of Massachusetts and the south
ern district of New York respectively. and
more specifically to said DEGREES OF sale mad.
and entered oy said courts Aforesaid
The attention Of intending purchasers il
also called to the advisory statement to b
filed with the clerk Of the District Court o.
the United States for the district Of Maine
prior to the sale by Calvin Austin, as one Of
the receivers OF East IN Steamship Corpor.
alton, pursuant to article eleventh Of I'D de-
cree Of sale made and entered by the Distric
l.,.~~ ~ teaAG $Ar he Afafr f@t