New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-10
MASTERS SALE

VI. In case any bidder affer fhp aeon.
ance OF his bid by the Special Master. shsg
fail TO comply within me period Of ts.a;y
days with any order o. The Cou:, requiring
or relating 70 the payment Of tho balance q
the purchase price. then the sums deposited
By such accepted bidder az here!nbefors pr5-
yded. whether IN cash or b. cheek or repre-
sented by First Mortgage Bonds Will b fo,.
feited as a penalty Tor such failure and viii
be- applied 20 the pay menr ot the expense.
OF a resale 8nd toward making good any o..
fclenCy or loss in case the property shall b
sold a, less price on any such resale and
for such other purposes as the Court nay
direct II The Court snail not confirm any
sale. the deposit made by the accepted b.t.
der will be forthwith returned 20 such bidder
VII The purcEa ser. on confirmation O,
the sale By the Court, shall make such tgr.
Their payment or payments In cash on accom-.
OF the purchase price as the Court may from
time 70 time direct so much % the pur.
chase price as may not be required By the
Court 20 be paid IN cash may either Be pa.
IN cash or any purchaser may satisfy Or
make good such residue or his BID IN shc,
or in part by turning over 10 me Special
Master 20 he cancelled or credited, az herein
after provided. First Mortgage Bonds sri
coupons thsreunto apper-a!ning IN lieu q
so turning over 20 the Special Master frs,
Mortgage Bonds and coupons, The special
Master will accept the certificate Of Tn.
New York Trust Company that Il holds sub.
feet 20 his order the amount therein spec!aei
OF First Mortgage Bonds in bearer form sH
accompanied b. the coupons therein sJs,si
A purchaser Will be credited on account q
the purchase price for First Mortgage Bori,
and tho coupons theIeunto apperta!ars
turned over In part payment Of the purchss-
price. such sum as would be paid IN cash
upon such First Mortgage Bonds and coupons
out Of the proceeds OF sale u the wac
amount Of the purchase price had been PAL
I'm cash The term purchaser where's,
al nH# na4HHs
includes the plural In case there shan .
more than one purchaser OF any properly
sold hereunder.
VIII The Court reserves the r.gh, 70 =.
sell the property sold 10 any purchaser lPa
such notice as u may direct az the Tisk AM
cost OF such purchaser, IN case such pufcfaS'
shall fail or omit 20 make any payment On
account OF the purchase price within t"snV
DAYS after the entry OF any order requiring
such payment. Neither any purchaser, nor
his successors or assigns shall be reqlF,l
20 see TO the application o. the pIrchas.
money Each purchaser shall have he rga.
70 enter his appearance In said court an'
20 become party 70 the cause.
IN. As provided IN Article NM ot Si
Final Decree purchaser Of said property shan
take the same sIbieC 10 al taxes, asses
ments and other charges that are lien o.
said property. and as part OK the considers
ton FOR said property and az part o. ne
purchase price thereof. and IN addition e
the sums bid by him, and elsewhere IN sac
Final Decree required % be PAID og hlm
shall take such property and receive the aeei'
or other instruments Of convey ance am
transfer thereof upon the eNpTes con1.'l'l
that he or his successors or assign, sha"
pay. satisfy and discharge any unpaid lnlso,.
edness and liabilities OF The Receivers o. ne
Cincinnati Hamilton and Dayton RaisN
Company except taxes and assessments a.
aforesaid) incurred I'm the management Ahe
operation Of the property subject 10 US
First Mortgage. 70 the extent that they sea-
not have been paid out Of moneys IN w
possession OF said Receivers including monsy'
received by them after surrender OF posse
sion OF said property, but arising from We
prior management and operation thereof
The amounts 70 be paid under SAID Afile.
xxx, unless agreed upon by me pdfus ~
interest. shall be fixed and sdiutsed ~ ",
Court, and said Court reserves the rlgm az
retains the power and jurisdiction 80 70 90
and the right. power and Jurisdiction "
take back and resell any property that ',lI
be sold under said Final Decree IN case az
purchaser or his or rs successors or AZ
signs shall fail 70 pay sny of the oo.gauoss
mentioned In said Article XXX within tNeny
days after service OF an order OF SAD CoII.
requiring said payment or X an apes :.
taken from any such order, wlihin tNsny
days after service q written notice OF '1H
confirmation Of such order upon appeal
In the event that any purchaser siveI
demand made. shall refuse 20 pay any OF ~
above mentioned Obligations which unls, ~
foregoing provisions Of said Article NM ,.
is or may be required 10 pay, the person
whom the same may be due, upon tNens
days notice TO such purchsser may re
tition In said Court 20 have the eatue -.
forced against the property sold 20 slch ~.
chaser, I'm accordance with the uslal F
tlce OF said Court IN relation % payuen.,,
Of a similar character. and such plicnAs
shall have the right 10 appear Snd max -.
Tense 20 any claim. debt or demand OF
priority thereof so soUgh, 70 Be enforce1. .
Y. Any purchaser and his successors
assigns shall have the right for me go
OF six months after the delivery OF thS -,
cial Masters deed 10 elect whether OF
20 assume or TO adopt as part or tns -,
erty embraced In such deed. any iss',ss
contract made by The Cincinnati. Ham,,
and Dayton Railway Company appci -
20 the property purchased b. him, ana s.T
purchaser. his successors or assigns, -.
be held not 10 have assumed OF 20 =,
adopted any lease or contract IN Tespe-.,.
which he or they shall not have fied -.
ten election 10 assume or 70 ADOPT w "a
with the Clerk Of said Court "llhlN a..
period Of six months or within sueh -,
tional period as said Court may 'ns''
by its order or decree permit; a.
Any purchaser and his SUCCESSOR -, %
signs shall have the right 70 elect N....y
lake or accept any part o. the - ~
struck OF 20 him. ~ written nol''c -, 70
Special Master given az any iin', 49, !,
the execution and delivery u me osssa.,,l
instruments OF transfer from the az.
Master No such election by any putoinss. :,
his successors or assigns shall dinnln.s"
affect the purchase price Of the pfops..,ios,
NI by said Final Decree az 49, az,
not disposed OF by said FlnaI D''
reserved for future Adjudication. 4. ..,-
For further particulars, reference "a A..
by made 10 said Final Decree ana ssi.
ders entered July Il, 1917, ana Als -, "a.
1917. and 70 the record Of testlmon' -. :,
a hove mentioned cause on nle IN the oiit.J,st
'b. ClsrL n, tho District Court Of the -.
states Tor the Western Division OF the ''''
ern District OF Ohio.
Da'e1 N1'1'' 80 AGRoN A. FERRIS
spscial master
SQUIRE. SANDERS 4 DEMPSEY, al.
Leader News building. Cleveland. ONO
ALFRED A COOK,
III Broadway. New YORK cry