New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-24
MASTERS SALE

sale. the deposit made by the accepted bid
der will be forthwith returned to such bidder
VII The purchaser. on confirmation OF
the sale by the Court, shall make such fur-
Their payment or payments In cash on account
of tho purchase price as tho Court may from
time 10 time direct. SO much or the pur-
chase price as may not be required by tbs
Court to be paid in cash may either DO paid
in cash or any purchaser may satisty or
make good such residue OF his BID In whols
or In part by turning over TO the Special
Master to be cancelled or credited as herein
after provided, First Mortgage Bonds and
coupons thereunto appertaining. In lieu OF
so turning over to the Special Master First
Mortgage Bonds and coupons. the Special
Master will accept the certificate OF The
New York Trust Company that 1t holds SUD
feet 10 his order the amount therein speclne1
OF First Mortgage Bonds in bearer form and
accompanied by the coupons therein stated
A purchaser will he credited on account OF
the purchase price for First Mortgage Bonds
and the coupons thereunto appertsininS
turned over in part payment OF the purchase
price, such sum as would be paid In cash
upon such First Mortgage Bonds and coupons
out OF the proceeds OF sale " the "hole
amount OF the purchase price had been paid
in cash The term purchaser" wherever
used I'm this Notice or in said Final Decree
includes the plural in case there shall IA
more than one purchaser OF any property
sold hereunder.
VIII The Cour, reserves the right TO re-
sell tho property sold 10 any purchaser upon
such notice as n may direct at the risk ana
cost Of such purchaser. In case such purchaser
shall fail or omit 10 make any payment on
account OF tho purchase price within twenty
days after the entry Of any order requiring
ouch payment. Neither any purchaser. nor
his successors or assigns shall he required
to sec 10 the application OF the purchase
money Each purchaser shall have the right
TO enter his appearance In said Court and
TO become party 10 the cause
- a
Final Decree purchaser OF said property shall
take tho same subject TO all taxes. assess
ments and other charges that are a lien on
said property. and as part Of the considera-
ton for said property and as part OF the
purchase price thereof, and in addition TO
tn. sums bid by him. and elsewhere in said
Final Decree required TO be paid by him,
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-
edness and liabilities OF the Receivers OF The
Cincinnati. Hamilton and Dayton Railway
Company (eNcept taxes and assessments as
afoTesald) Incurred In the ma Management and
operation OF the property subject to the
/ FIRST Mortgage. TO 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
XXX, unless agreed upon by the parties In
Interest. shall he fixed and adjudged by said
Court and said Court reserves the right and
retains the power and Jurisdiction so TO do.
and the right power and Jurisdiction 20
take back and resell any property that shall
be sold under said Final Decree in case any
purchaser his or its successors as
signs shall fail 10 pay any Of the obligations
mentioned I'm said Article XXX within twenty
days after service OF an order OF said Court
requiring said payment. or IL an appeal be
taken from any such order, within twenty
days after service OF written notice NJ final
confirmation OF such order upon appeal.
In the event that any purchaser after
demand made. shall refuse to pay any ~ the
above mentioned obligations which under the
foregoing provisions Of said Article xxx h..
is may be required to pay. the person to
whom the same may De due. upon twenty
days notice 10 such purchaser, may file Pc
ttlon in said Court 10 have the same en-
forced against the property sold 10 such pur-
chaser In accordance with the usual prac-
tics OF said Court in relation to payments
a. similar character: and such purchaser
shall have the right TO appear and make de
Tense to any claim, debt or demand or the
priority thereof sought to he enforced.
Y Any purchaser and his successors or
assigns shall have the right for the period
Of six months after the delivery Of the Spe-
cial Masters deed. 10 elect whether or not
TO assume or to adopt part Of the prop
erty embraced In such deed. any lease or
contract made by The Cincinnati. Hamilton
and Dayton Railway Company sppsrtaning
to the property purchased by him, and such
purchaser. his successors assigns. shall
be held not TO have assumed or to have
adopted any lease or contract in respect OF
which he or they shall not have filed a writ
ten election 10 assume or 10 adopt the same
with the Clerk OF said Court within said
period Of SIX months or within such add
tional period said Court may thereafter
by its order or decree permit;
Any purchaser and his successors or as
signs shall have the right 10 elect not 70
take or accept any part Of the property
struck of TO him, by written notice TO tho
Special Master given at any tim. prior to
the execution and delivery OF tn. deed or
instruments OF transfer from the Special
Master. No such election by any purchaser.
his successors or assigns. shall diminish or
affect the purchase price OF the property
XI BY seid Final Decree all questions
not disposed Of by said Final Decree are
reserved for future adjudication
For further particulars, reference Is here
by made 10 said Final Decree and said or
ders entered July II. 1917. and August g.
I 1917, and 20 the record OF testimony In the
above mentioned cause on fle In tho ONCE OF
the Clerk OF the District Court OF tho United
States for the Western Division OF the South.
ern District OF Ohio.
Dated August o. 1917
AARON A. FERRIS.
Special Master
SQUIRE. SANDERS L DEMPSEY,
Leader News Building Cleveland, Ohio
ALFRED A. COOK.
Ill broadway. New York City
Solicitors for Plaintiff.