Perth Amboy evening news., 1923-10-27

the purchaser hereby valves any claim
or right he might Otherwise have by
reason of any such error or misdescriptlon
and agrees that IL the property sold can
be identified by the description as given
or any part thereof. he will accept same
at the full price bid In complete salts
faction and fulhllment on the part of the
trustees and auctioneer of all their and
each of their obligations under this con-
tract. |
z. In case OF failure Of title or area in
any particular, In consequence of which
the sale Is not contaminated, or in case
the trustees shall reserve the sale on
account of the discovery of liens, assess
ments. restrictions or claims, subject TO
which the purchaser is unwilling to take
title. the deposit money shall be returned
and there shall be no further liability on
the part of either he trustees or the
8. In the case of properties upon
which there Is a reserve, the auetioneers
shall have the right to bid on behalf of
Q. Taxes and water rents to be appor-
TONED to the date of settlement.
= TERMS OF SALE OF PERSONAL /
PROPERTY
I. The highest bidder TO be the buyer,
subject to the terms of sale, and IL any
dispute arises between two or more bid !
ders, the Auctioneers shall either decide
the same or the lot so in dispute shall
be Immediately put up again and resold.
2. ANY bid which is merely a nominal
or fractional advance may be rejected
by the Auctioneer If in his judgment such
bid would be likely to affect the sale
injuriously.
8. Every article sold slngly; nothing
sold by the pair.
4. Purchasers to give names and ad-
dresses, and TO make a deposit of 20 per
cent, or as much as the Auctioneers may
require In part payment, or the whole
OF the purchase money II required: In de-
fault OF which the lot or lots so pur-
chased to be Immediately put up again
and re-sold.
8. All deposits made are applicable to
any or all purchases either at this sale
or at any previous sale.
6. The lots to be taken away and paid
for at the bus er's risk and expense
within the time announced by the Aue-
tioneer, the Auetioneers not being re-
sponsible for the correct description,
genuineness. authenticity or dect in any
lot, and making no warranty unless spe-
cially mentioned at the time OF sale. NO
sale will be set aside nor allowance
made on account of any incorrectness,
error in catalogulng, or any imperfection
not noted. No deduction on damaged
articles, all goods are exposed for public
exhibition, and sold lust as they are. Pur-
chases will be delivered only upon pre-
sentatlon of receipted bill therefor.
Z. To prevent inaccuracy in delivery
and inconvenience in settlement of the
purchases, no lot can on any account be
removed during the sale; and the re-
malnder of the purchase money must
absolutely be paid within the time an
nounced by the Auct1oneer ana DeIore
the examination or removal of the goods.
8. The time allowed for payment of
bills and removal of goods is either
printed in the catalogue or announced
by the Auctioneer and can always be OBJ
tanned from the office of the Auctioneers.
1t is the duty of all purchasers to inform
themselves thereof and no responsibility
shall rest upon the Auctioneer by reason
of the purchasers ignorance thereof.
8. All purchases made at this sale are
at the purchasers risk as soon as they
are struck off; neither the Auctioneers
nor the trustees being responsible IL all
or any part of such purchases be lost.
stolen, damaged or destroyed; however,
without assuming any responsibility the
Auctioneers will take all usual precautions
for the care and protection of the goods
during tho time allowed for the removal
thereof.
10. All claims must be made before
the removal of the goods.
II. In case OF purchases for which set
Element is required by estimated or actual
weights, counts or measures, no ADJUST
ments will be made after the time allowed
by the Auctioneers for the removal OF
the purchasers.
IL. The record kept by the clerk of
! sale, together with the marked catalogue
| of the Auctioneers, shall in all cases be
accepted by the buyers as final when
any question arises.
Is. In addition to any other remedies
| given by law to the seller, 1t Is agreed
that in case of failure by the purchasers
to comply with these terms. the money
deposited in part payment shall be Tor
feited: all lots not paid for and removed
| within the time allowed by the Auction
GERS shall be re-sold without further no.
| tice. and the deficiency { If any, attend
ing such resale shall be made good by
the purchasers at this sale, together with
all charges and expenses which may be
incurred by reason of their failure to
comply with the terms of sale.
IA. Neither the Auctioneers nor the
trustees will be liable for non-delivery
aF anu arf1g1a -hnya fha ~ n1nf maid nv
the purchaser of such article.
Is. Commissions to purchase will be
executed by the Auctioneers without
charge. such purchases, however. being
made subject to the terms Of sale.
16. The Auctioneors shall have the
right to bid on behalf of the seller.
II. Deposits may be paid in cash or
in certified check. Deposit receipts must
be returned to the representative of the
Auctioneers at time and place of payment
of bill or no credit can be allowed there
for.
Is. In cases where items are sold by
estimated weight. count or measure, the
purchaser will be billed for and required
to pay for the estimated weight, count
or measure. If any shortage be shown
upon delivery the purchaser will be re-
bated therefor at the rate of purchase.
If there be an excess over the
weight. count or measure the purchaser
will be required to take such excess at the
rate Of purchase.
10. Neither the Auctloneers nor the
Trustees are in any manner connected
with the business of the carriage or pack
ing and shipping of purchases. and al
though they will afford to purchasers
every facility for employing careful car
riers and packers, they will not hold
themselves responsible for the acts or
charges of the parties engaged for such
services.
The trustees and the Au%ctioneers re-
serve the right to reject any and all bids.
All deposits must be made In cash or
certified check drawn to the order of
Samuel T. Freeman g. Company, Auc-
tioneers.
The purchaser or purchasers for the
purpose of making settlement or payment
for the property purchased at such sale
shall be entitled TO turn In any bonds Sc
cured by the above mentioned mortgage
and any matured unpaid coupons in order
that there may be credited as paid there
on tho sums payable out of the net pro-
ceeds of such sale to the holder or holders
of such bonds or coupons as his or thelr
ratable share of such net proceeds after
allowing for the proportion of the pur-
chase price necessary to pay all sums re-
quired to be paid in cash and such pur-
lchaser or purchasers shall be credited on
account of the purchase price or the
property purchased with the sums pay
able out of such net proceeds on the
bonds and coupons as hereinahove pro-
vlded and may bid for and purchase such
property provided that so much of the
purchase price shall in any event be paid
in cash as may be found necessary to pay
the distributive share due on such bonds
and coupons as may not be used TO pay
on account of the purchase price bid at
such sale.
It is provided in the said mortgage that
this sale shall be a perpetual bar. both at
law and in equity. against the Bound
| Brook Engine e. Mfg. Co. and all persons
| claiming by. from or under II, with re-
! spect TO any of tho property so sold.
| For further particulars application may