New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-10-12
MASTERS SALE

sale. W deposit rnads ~ re sec'p',d ga. pa
der vii be forthwith returned 70 sDcn o'eisf'
VII. The purchaser. on Confirmation OF
IN. ,als by the Court. shall maze such tur-
her payment or payments In casf on account
O. the purehs price as the court in@y run
time 10 time direct. 50 Wlcn ~ ihe PlI-
hasa price as may not b required by ne
Court 10 hs paid IN cash may ei-her &c paid
in cash or any purchaser may fafirly or
make good such residue q his 1'f 10 "hos
or In part By turning over 20 the SperlAl
Master to be cancelled or credited, a. herein
after provided. First Mortgage Bonds and
coupons thereunto Gppertaln.rs. IN A,4 o.,
SO turning over 70 fhs Spec4al Nts-rt Fifrl
Mortgage Bonds and coupons. ne SPECIAL
Mater will accept tns cerLic ate or las
New York Trust Company thsl .- holds sIo.
'ect 20 hts order the amount therein specin'i
OF Tlret Mortgage Bonds IN bearer ctni ani
accompanied ny the coupons thef''. A.A'sl
A purchaser will be credited on account q.
the purchase price FOR First Mortgage bon4s
ana the coupons thereIrtO aTperis'nlrg
turned over In part payment OF tar puFrnSas
price. such sum as wol-l oe Para N ,tsn
upon such First Mortgage Bonds ana coupons
on, OF The proceeds * sale u the waoie
amount Of the purchase price mad been pAld
In cash. The term purchase "hefeser
used In this Notice o. In said Fl1a4 D'cfNs
includes the plursl In case there shaI -
more than one purchaser OF any properly
sold hereunder.
VII. The Court reserves the right - re-
sell the PROPERTY sold 20 any purchaser upon
.uch notice a. u may direct al The f.-s ana
COS, OF such purchaser, IN case si.n paf Aaser
shall fail or omit 20 make any payment on
account OF the purchase price within rN,nty
days after the entry OF am orier rec ilf-Hs
such payrl-nt Neither any purchase. nor
his SUCCESSORS o. Assigns shsl be required
10 see 10 the application Or tue plfchass
money Each purchaser shall have the rizht
20 enter his sppearsroe IN SAID court ana
TO become party 20 the cause.
Final Decree purchaser o. said properly shall
take the same subject 20 al taxes. sssess-
ments and other charges that arc a len %
said properly. and ss part OF The cons.aers-
ton FOR said property and as palt ~ IA
purchase price thereof. and IN addition 20
IN. sums bid BY him. ard elsewhere in aid
Final Decree required to be paid % h.nL
thfu take such property ana receive the frt-s
or other instruments % conveyaHce ali
transfer thereof upon the express condition
thst ne or his successors or assIsls 20 hi
pay. satisfy and discharge sny unpaid u -.i-
edness and liabi.tes or the Receiver ~ ms
Cincinnati. Hamilton and Dayton fa.Hay
Company (eSccpt taxes and Assessments as
aforesaid Incurred IN the NJ - ageni-nt AMI
operation OF The property sth,e.t 90 NJ
First Mortgage. % the extent that they shal
not have been paid out - moneys IN 30
possession OF said Receivers c.ud.ag moneys
received BY them after surrender Qt posses
sion o. said property. but arising frUnl ta3
prior MANAGEMENT and operation thereof
The amounts 20 be- pai1 under sad Ar;.cls
XXX unless agreed upon by ne parties IN
interest. shall be hK-1 and adlulged hy said
Court. ana said Court reserves me r'ght ard
retains the power and Jurisdiction 30 fo 20.
and the right. power and Jurisdiction 20
take back and resell any property thst shall
be sold under said Final Decr-'' In case any
purchaser or his OF It's successors Or as
signs shall fail 20 pay sny cf the ooig cations
mentioned In said Article XXX within twenty
days after service OF an order or saii court
requiring said payment. or II an appeal -
taken from any such order within twenty
days after service Ok written n.tle ~ fn2l
confirmation Of such order upon appeal
IN the event tina, any purchaser. after
demand made, shall refuse 20 pay any o. ne
above mentioned obligations wti,h under tho
foregoing provisions OF sad Article AAN 10
Is or may be required 10 pay. me person -
whom tho same may De due, Ipon twenty
days notice 20 such purchaser, may file p--
tlt.on IN SAID Court 20 have ths same sn-
forced against The property sold 90 such pur-
chaser, In accordance With The uslaI ygac-
tics o. said Court In relation 90 payments
Of similar charscser; ana such purchaser
fhaN have the r'gtt 10 appear ana maks de-
tense to any claim. debt or demand or the
priority thereof so sought 10 be enforced
X ANY purchaser and his SUCCESSORS or
assigns shall have the right To- the period
Of tx months after the delivery o. The Spe-
oial Master's dcei. 70 elect whether Or not
TO assume or TO eecp, a. part ~ the prop
srty embraced In such deco. any lease or
contract made BY Tho C.rclnna. Hamlltoul
and Dayton Railway Company apprrte!nins
TO the property purchased D. HIN. agI such
purchaser. HE successors or ass gn. snail
be held not 20 have assumed Or 90 hav,
adopted any lease or contract On aspect %
which ne or they shall not have fled writ
ten elect!on 10 assume 0r % aicy- no sans
with tho Clerk 90 sa!l Court with sAll
period OF tiy months or within such alll-
tonal period as said Court may thereafter
b. It's order or decree permit.
Any purchaser and his successor. o. as.
signs shall have tle rl.t 20 elect not 20
take or accept any part az The property
struck oN 10 him. hy r-itten ro'ic- 90 ths
Special Master given az any tine prior 10
the execution ard delivery Of The deed or
instruments % -rfrsfet from the 50 .clsl
his successors or aas'sns. sa1l diminish or
affect the purchase price Of 10 property.
XXI ~ Sad Final Decree az questions
not disposed % ~ SAID Final Decree ara
reserved fOr future adj Indication.
For further particulars. reference Is hors-
by made 20 sad Final Decree ana saiI or
ders entered july D., 1917. and August 3.
1917. and 20 the record o. 'eitmcry .n ths
sboye-m-ntionec cause on re .l me ories "
the CLERK o, The District court ~ me- rrlf.i
states for the We-tern Division %! tAs south.
ern District OF one.
Dated August a. 1917
AARON J. FERRIS.
$50 .A. Master.
SQUIRE SANDERS DEMPSEY.
Leader News BlNlIg C.lvelaad Ohls
ALFRED A COOK.
III Broadway. New York City,
Solicitors fcr Plaintiff.