New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-04
MASTERS SALE


amount Of First Mortgage bonds In bearer
form bearing the coupons appur;enant 20
such bonds maturing October !, Isli ana
subsequently,.
In lieu Of the deposi, ~ First Mortgage
Bonds and coupons with the Special Master
hereby permitted the Special Master Will ac-
cept the certificate % The New York Trust
Company tha, II holds subject 70 his order
the amount therein specified OF First Mort
gaze Bonds In bearer form, accompanied by
the coupons therein stated. The deposit re-
ce.vei from any unsuccessful bidder viii -
returned 70 him when the property has been
struck Of The deposit received from any
successful bidder vii. ~ held by the Special
Master subject 20 the orders OF said Court.
and upon confirmation 81 the sale Will BE
applied on account Of the purchase price OF
the property.
vi In case any bidder, after the accept
ance Of his bid by the Special Master. shall
fail "a comply within the period Of twenty
DAYS with any order az the Court requiring
or relating 70 the payment ot the balance ot
the purchase price, then the sums deposliel
by such accepted bidder as hers!ubeiore pro-
vi4sd whether In cash or by check or repre-
sen,ed by FRS. Mortgage Bonds, vii. be Tor
teited as a penalty for such failure ana WI!
be applied 20 the payment OF the expenses
OF a resale and toward making good any de-
rciency or loss IN case the property shall he
cold q, a less price on any sIcn resale ana
for such other purposes as the Court may
direct. II the Court shall not conNFm any
sale. the deposit maze hF LIlN fl'lE'- Nt.a7
der will he forthwith returned 20 such bidder
VII The purchaser, on confirmation or
the sale by the Court, shall MAKE such tAE-
Their payment or payments In casA on account
Of the purchase price as the Court may rom
time - time direct. So much ~ the pur-
chase price as may not be required by me
Court 20 be paid In cash may either n- paia
in cash or any purchaser may satsIy OF
make good such residue or his hlf IN "ho.e
or in part by turning over 70 the Special
Master To he cancelled or credited, as herein
after provided First Mortgage Bonds ana
coupons thereunto appertain!ng. In lieu or
50 turning over 20 the Special Master FIRST
Mortgage Bonds and coupons, the special
Master will accept the certificate or The
New York Trust Company that II holds sun
'act 20 his order the amount therein spe'l!el
Of First Mortgage Bonds IN bearer form ana
accorpa MED by the coupons therein stated.
4 purchaser will be credited on account or
the purchase price Tor First Mortgage Bonds
and the coupons thereunto appeFtalN!ns
turned over In part payment OF the purchase
price such sum As would be paid ~ cash
upon such Fi-sl Mortgage Bonds and coupons
out Of the proceeds OF sale II the whole
amount OF tho purchase price had been pald
IN cash. The term purchaser WneIeEer
used In this Notice or In said Final Decree
includes the plural In case there shall be
more than one purchaser OF any properly
sold hereunder.
VIII The Cour, reserves the right 70 re-
sell the property sold 20 any purchaser upon
cost u such purchaser IN case such purchaser
shall fail or omit 70 make any payment on
account o.; the purchase price WITHIN twenty
DAYS after the entry OF any order requiring
such payment. Neither any purchaser, nor
his successors or assigns shall be required
20 see 20 the application OF the purchase
money. Each purchaser shall have the rg"t
TO ,nter his appearance m said Court and
TO become party TO the cause.
IN As provided IN Article NNN or SAID
Final Decree purchaser OF said propert. shall
take the same subject 70 al taxes. assess
ments ana other charges that are Hen on
said property. and part Of the consitera-
ton FOR said property and as part or the
purchase price thereof, and IN addition 20
The sums bid by him. and elsewhere In said
Final Decree required 20 be paid by MIN
shall take such property and receive the deeds
or other Instruments Of conveyance and
transfer thereof upon the express condition
that he or his successors or assigns shall
pay. satisfy and discharge any unpaid indebt-
eduess and liabilities OF the Receivers Of The
Cincinnati, Hamilton and Dayton Railway
Company except taxes and assessments as
aforesaid incurred In the management and
operation Of the property subject 70 the
First Mortgage, 10 the extent that they shall
not have been paid out OF moneys In the
possession Of said Receivers including moneys
received by them after surrender OF posses
sion OF said property, but arising from the
prior management and operation thereof,
The amounts 70 Re paid under said Article
xxx. unless agreed upon BY the parties IN
interest shall be fixed and adjudged BY sa!d
Court and said Court reserves the right and
retains the power and Jurisdiction so 20 90.
and the right power and Jurisdiction 20
take hack and resell any property that shall
be sold under said Final Decree IN case any
purchaser or his or It's successors or as
signs shall fail 20 pay any Of the obligations
mentioned In said Article Xxx within twenty
DAYS after service OF order OF said Court
requiring said payment or II an appeal 20
taken from any such order, within twenty
DAYS after service Of written notice q final
confirmation ot such order upon appeal
lu the event that any purchaser, after
demand made. shall refuse 10 pay any OF the
above mentioned obligations which under the
foregoing provisions OF said Article XXX he
Is or may be required 10 pay. The person 20
whom the same may he due, upon twenty
days notice 10 such purchaser. may file pc
ution In said Court 20 have the same en-
forced against the property sold 70 such pur-
chaser. IN accordance with the usual prac-
tiee Of said Court IN relation 20 payments
OF a similar character; and such purchaser
shall have the right 10 appear and make de-
Tense 20 any claim debt or demand or the
priority thereof so sought 70 be enforced.
y. Any purchaser and his successors or
assigns shall have the right Tor the period
Of six months after the delivery OF the Spe-
cial Masters deed. 20 elect whether or no,
erty embraced in such deed. any lease or
contract made by The Cincinnati Hamilton
ana Dayton Railway Company app~rtainlng
20 the property purchased hy him. and such
purchaser, his successors or assigns shall
he held not 20 have assumed OF 20 hays
adopted any lease or contract In respect OF
which he or they shall not have filed a writ
ten election 10 assume or 10 adop, the same
with tho Clerk Of said Cour, within said