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THE RICHMOND PALTJLDIUM. A3JT SUS-XKljEtrTtAai, TTESDAT, JIAV 31, IVIO. Afews 0 Surrounding Towns EATON. OHIO. Eaton, O., May 31.--W. A. Miller of Chicago has returned after a few days visit here with bis wife who is a guest at the home of her parents, Mr. and Mrs. J. H. Conger. Mr. and Mrs. E. I Grauser and chil dren of Dayton returned to their home on Monday after a few days visit at the home of Mrs. Grauser's parents, Mr. and Mrs. Eli Murphy. Dr. and Mrs. L. V. Reynolds, Mr. and Mrs. A. J. Hlestand and Mrs. L. C Reynolds were among the number of Eatonians who saw the auto races in Indianapolis Monday., - Mrs. I C. Reynolds of Cleveland is a guest of local relatives and friends. Mrs. George Lark in and little son spent Monday in Camden. Mr. and Mrs. E. B. Gray were here from Gratis Monday. Miss Lavena Thomas of Dayton cpcnt Monday here with her sister, Mrs. George Holman and family. Mr .and Mrs. Albert Gehring of Day ton spent Monday with Mr. and Mrs. Ed Wambold. The case of Abbie Aten against Geo. W. Kautz, Jr.. administrator of the es tate of Geo. W. Kautz, S., was begun Tuesday morning in the common pleas court before Judge Elam Fisher and a Jury. The plaintiff seeks to be given judgment for S702.5O ; for services which Bhe claims were rendered the wife of the deceased during her last illness. Memorial day was fittingly observed here Monday and the Impressive ser vices at the cemetery were largely attended. Professor Charles Cookson superintendent of the Troy schools de livered an eloquent address. Music was furnished by the New Hope band. Mr. and Mrs. MSkesell of Dayton, and Mr. and Mrs. Ed Cooper of Rich mond. Ind., spent Monday with Mr. and Mrs. J. IX. Joens. Mr. and Mrs. FrankGardner and two children of Louisville, Ky., spent Sun day in Eaton with his sister, Miss Ella Gardner. Miss Gardner accompanied them as far as Cincinnati Monday and spent the day in that city. THE HIGH C08T OF LIVING Increases the price of many neces sities without improving the quality. Foley's Honey and Tar maintains its high standard of excellence and its great curative qualities without any Increase In cost. It is the best reme dy for coughs, colds, croup, whooping cough and all ailments of the throat, chest and lungs. The genuine is in a yellow package. Refuse substitutes. Sold by all druggists. HAGERSTOWNJND. Hagerstown, May 31. Mr. and Mrs. T-nn Onhrtnar of Rushville were euests of relatives here over Sunday. Mr. and Mrs. Oliver Knode and chil dren of Richmond were guests Sunday of Mack Knode. v Born to Mr. and Mrs. Will Allender Sunday morning, a son, weight pounds. Mrs. J. H. KIdwell entertained Exum Copeland and family and Charles Backenstoe Sunday at dinner. Clyde Gelsler of Indianapolis spent over Sunday here. Mir. and Mrs. Henry Roach were at Indianapolis Monday. Mt. and Mrs. William Keever were guests Sunday of Mr. and Mrs. Peter Smith. Mr. and Mrs. John Replogle and, children of , near Economy spent Sun day, here. '. ': . :" Mrs. J. ML Lontz of Richmond was the, guest of her sister Mrs. Theo Sells Monday. M1ss Ethel Bertsch of Cambridge City has been visiting with her aunt Mrs. Frank Hoover. Frank Woodward who is employed as telegraph, operator at the Tidewater pumping station will leave Wednesday to spend two weeks with his parents at Muncie, Pa. Mrs. Fred Presbaugh of Richmond spent Monday here. Mrs. Robert Thurston and daughter Rena and Mts. Chester Life were aj Losantville Saturday afternoon. Miss Rena remained for a visit with her grandparents. Miss Mamie Lott of Richmond was the guest of Miss Carrie Allen over Sunday. Simon Miller and Frank Thomas spent Monday here. Born to Mr. and Mrs. Ben Carr, a boy.: Frank Brant returned Saturday eve ning from Chicago. He will be em ployed as a time keeper at the Max well Co., at New Castle. Mr. and Mrs. Howard Van Meter spent Sunday with Mrs. Alice New comb. Miss Estelle Klser spent Sunday with her brother and wife near Walnut Level. Mrs. Frank Neal of Richmond spent Monday among relatives here. COMMANDER JULIUS A. PRATT, POST NO. 143 DEPT. ILL., G. A. R. Mr. Isaac Cook, Commander of above Post, Kewanee, 111., writes: "For a long time I was bothered with back ache and pains across my kidneys. "About two months ago I started tak ing Foley Kidney Pills and soon saw they were doing Just as claimed. I kept on taking them and now I am Tree from backache, and the painful bladder misery is all gone. I like Foley Kidney Pills so well that I have told many of my friends and comrades about them and shall recom mend them at every opportunity." Sold by all Druggists. EATON. OHIO. Eaton. O., May 31. The Peerless ball team, of Dayton, defeated tho Eaton team Sunday afternoon by the score of Z to 1 in a game played under particularly hampered circumstances to the local nine. Kelly, for, Eaton, counteracted his reputation as a good iwlrler. He bad neither control nor speed. The umpiring of Robert Boner, a local man, 1 was inconsistent to a luarkedi-degree. It may be said, now- ever, that the other eight men on the local team played the game and furb ished support to Kelly that, in nine out of ten games, would have won. A feature of the game was the work of Kline, for Eaton, on the bases. It Is generally accepted as a fact that the Eaton team, in no sense, was outclass ed by their opponents. Arthur Riggs, a long time and 're spected resident of Eaton, was strick en with paralysis last Saturday after noon, and he has since been in a criti cal condition. His entire left side was affected by the stroke and his sight has been destroyed. His recovery is a matter of grave doubt and is of ser ious concern to his friends. Mr. and Mrs. James Green and daughter, Bergle, and Miss Cordelia Smiley, of Dayton and Mr. and Mrs. Joseph Harris and daughter Ruth of Richmond, were entertained Sunday and Monday at the home of Mr. and Mrs. William Harris. Will Sebert of Hamilton and Murray Wall of Camden, were Eaton visitors Sunday afternoon. Taylor Brown of Dayton, was here Saturday and Sunday. Mrs. J. B. Taylor and mother and Masters Harold and Kenneth Taylor, of West Carrollton, were guests Sun day at the home of Mr. and Mrs. Jas. Sharkey.. Mr. and Mrs. L. E. Campbell, of Dayton, spent Sunday and Monday with his parents, Mr. and Mrs. Frank Campbell. Mrs. Walter E. Moorehead and little daughter, Florence Jeanette, returned to their hone in Cincinnati Saturday after a week's visit at the home of her parents, Mr. and Mrs. John H. Jones. Mr. and Mrs. Harry Sherer and daughter, of Dayton, are guests of Mr. and Mrs. Ed Cottingham. Mr. and Mrs. William Walters spent Sunday in Indianapolis. Charles Welsh, of Indianapolis, is a guest of his mother, Mrs. Martha Welsh. E. C. Greene of Richmond, spent Sunday with his parents, Mr. and Mrs. F. M. Greene. Mr. and Mrs. Denny W. Johnston, of Indianapolis, Ind., are guests of local relatives. Mrs. Ella Hixon of Dayton, is a guest of Mr. and Mrs. Chris Smith. Chester . Thompson and wife, of Hamilton, spent Sunday and Monday with local relatives. Daniel L. Minderman was here from Dayton Saturday. George Huls and little son, Eugene. of Hamilton, spent Sunday and Mon day in Eaton with Mr. and Mrs. Wil liam Boat wick. The members of the Jolly Ten club were most pleasantly entertained last Saturday, afternoon by Miss Helen Straw at her home on East Decatur street. The entertainment for the af ternoon was an interesting program of games, which was followed by an ele gant luncheon. Each guest was given pretty souvenirs at the conclusion of the afternoon's entertainment. ' The members of the graduating class will be entertained Tuesday ev ening by Superintendent and Mrs. For rest B.'Bryant at their home on West High street Albert Rehfuss Is ill at his home on North Maple street. Miss Gladys Miller has returned from New Castle, Ind., where she spent the latter part of last week. Charles Keiser and Harry Schlenk- er are home from Dayton. WHAT EVERYBODY WANTS. Everybody desires good health, which is impossible unless the kidneys are sound and healthy. Foley's Kid ney Remedy should be taken at the first indication of any irregularity, and a serious illness may be averted. Foley's Kidney Remedy will restore your kidneys and bladder to their nor mal 6tate and activity. Sold by all druggists. CENTERVILLE. IND. Centervllle, May 31. Mr. Lewis Mor gan of Indianapolis visited friends and relatives here Sunday. .' Word has been received here that the condition of Mrs. Taylor McConaha is much worse and her death is expected at any time. Mrs. William Comons of Columbus, Ohio, is visiting relatives here. Mr. Ray Bowman will leave soon for Hagerstown to work for Starr the hardware merchant. Clarence Hamp ton of Fountain City has been employ ed by O. K. Dunbar to fill Bowman's place. Mr. and Mrs. Harry Darnell of Rich mond spent Sunday with Mr. Joseph Darnell and family. Mrs. Margaret West was called to the bedside of her sister, Mrs. Taylor Mc Conaha Saturday evening. Mrs. Mc Conaha lives with her daughter east of Richmond. Mrs. Harry Reynolds and son For rest of Indianapolis spent Sunday here the guest of Mrs. Emily King Ander son. Mr. and Mrs. Charles Ladd of Richmond spent Sunday here. Mr. and Mrs. Peter Cutler and fam ily of Richmond were guests of Mr. Cutler's mother. Mrs. George Sanders. The Centerville Cemetery associa tion will meet Friday of this week with Mrs. Harry Johnston. It is de sired that all members be present to help complete the arrangements for the festival to be held June 18. Mr. John Baum, Mr. Boes, Mr. and Mrs. Joseph Deardoff, attended the automobile races at Indianapolis this week. Mts. Samuel Lashley who has been spending several days in New Castle, returned to her home here Sunday. Mrs. James H Fletcher of 'Dayton, who has been a guest of Miss Florence Kersey and mother for the past week returned to her home Monday. Mr. Dewitt Mosey of St. Paris, O., came to visit for a few weeks with Mr. and Mrs. F. Feeney. v Mr. and Mrs. Edward Savage of Rich mond, spent Sunday with Mr. and Mrs. Paul O'Neal. There will be a festival held by the Christian church in the hall Saturday evening, uJne 4. Frank Land and family of Richmond spent Sunday with Silas Walker and wife. , v Mr. and Mrs. Ora Wise and Mr. and Mrs. John Martindale of Greensfork were guests of Mr. George Linting and family. ...Mr. and Mrs. Floyd Dynes of Rich mond and Mr. and Mrs. John Eliason living south of here spent Sunday with Mr. and Mrs. Will Darnell. - Miss Wllna Cook who has been in school at Valparaiso, Ind., has returned to her home here for the summer. Foley Kidney Pills contain in con centrated form ingredients of estab lished therapeutic value for the' relief and cure of all kidney and bladder ailments. Sold by all druggists. ADOPTS DRASTIC MEASURE. San Antonio, Texas, May 31 Be cause 17 year old Woltamo Ysayere would not work and mend his ways generally, his mother preferred charg es of vagrancy against him and asked Judge Buckley of the police court to send him to the rockpile for a long term with a view of introducing him to work and the joys of liberty. Her request was granted and for 25 days the young man will know what work is. NOTICE OF SALE OF THE CHICAGO, CINCINNATI A LOUISVILLE RAILROAD". Notice la hereby given that, pursu ant to and by virtue of a precept of sale and a decree of foreclosure and sale made and entered the 12th day of May, 1910, by the Circuit Court of the United States, for the District of Indiana, in a certain cause pending in said Court wherein George A. Fernald, Arthur Raymond and Oliver E. Wil liams are complainants, and The Chi cago, Cincinnati and Louisville Rail road Company and others are defen dants, and the Old Colony Trust Com pany, Trustee, and the American Trust Company, Trustee, respectively, are cross-complainants, and pursuant to auxiliary decrees entered in suits between the same parties one entered in the Circuit Court of the United States, for .the Southern District of Ohio, Western Division the 14th day of May, 1910; the other in the Circuit Court of the United States, for the Northern District of Illinois, Eastern Division on the 16th day of May, 1910, the undersigned, Noble C. Butler, as the Special Master appointed by said decrees for the purpose of selling the DroDertv therein directed to be sold, will sell at public auction to the high est bidder at the passenger station of the Chicago, Cincinnati and Louisville Railroad Company located on the rail road of said Company at the city of Richmond, Indiana, near the corner of Third and North "D" Streets in said City on Thursday, the 23rd day of June, 1910, between the hours of twelve o'clock noon and one o'clock in the afternoon, all the property, rights, privileges and franchises of said The Chicago, Cincinnati and Louisville Railroad Company, ordered and decreed by said foreclosure de crees to be sold by the undersigned, and briefly described as follows: All of the following described line of railroad owned by The Chicago, Cincinnati and Louisville Railroad Company described substantially as follows: Commencing at the terminals of said railroad at the City of Cincinnati, lo cated upon the property covered by those certain ground leases held by The Chicago, Cincinnati & Louisville Railroad Company and hereafter re ferred to; running thence practically north along Girard Avenue in said Citv of Cincinnati 2 H miles; thence in a northwesterly direction, crossing the tracks of the Baltimore & Ohio Southwestern Railroad, the Cleveland, Cincinnati, Chicago & SL Louis Rail road, and the Cincinnati, Hamilton & Dayton Railroad and Mill Creek to the hill in the Town of Brighton, State of Ohio; thence passing through the Town of Brighton, along Lick Creek Hnttom to the Town of Miami, Ohio; thence through Fernald, Butler County, Ohio, and thence in a northwesterly direction through said Butler County to the Indiana and Ohio state line at Peoria; thence running through the Town of Peoria in a northwesterly direction about 2 miles to the half section line 2 miles west of the said Ohio state line; thence through Springfield . and Bath Townships, Franklin County, Indiana, and through Union and Harrison Townships, Union County, Indiana, in an absolutely north direction on said half-section line, going into Boston Township in Wayne County, where it leaves the tangent at Druleys, passing through Bath, Cottage Grove, Kitchell, Witts and Boston, in the State of Indiana; thence from Druleys in a northwester ly direction to the City of Richmond, Indiana; thence through the City of Richmond, Indiana; thence in a north westerly direction through Webster in Webster Township, Williamsburg in Greene Township, and Economy in Perry Township, in Wayne County, Indiana; thence in a general north westerly direction through Losant ville in Randolph County, Blountsville in Henry County, and Medford In Dela ware County, into and through the City of Muncie, in said Delaware County; thence northwesterly 10 miles to Gaston, in said Delaware County; thence in a northerly direction to Fow lerton, Grant County, Indiana; thence northwesterly through Jonesboro into the City of Marion, Grant County, In diana; thence in an almost westerly direction, paralleling the Panhandle line, through Sweetzer and. Meyer to Converse on the Grant-Miami county line; thence in an almost northerly direction through Santa Fe, in said Miami County, to the City of Peru, in that County; thence in a northwester ly direction through Hoovers, in said Miami County, to the Town of Twelve mile, in Cass County, Indiana; thence to the village of .Fulton,1 In Fulton County, Indiana; and thence in a west erly direction to Kewanna, Fulton County, Indiana; thence in the same direction through Lawton, Pulaski County, Indiana, to the Town of North Judson, in Starke County, Indiana; thence through "the Town ot NorUx Judson and running parallel to the ! Panhandle Railroad to English Lake, In Starke County, Indiana; thence crossing the Kankakee River at that point into Laporte County, Indiana; thence through La Crosse. Laporte County, Indiana, It crosses Porter County through the Town of Beatrice, Indiana; thence in a general north westerly direction to the Town of Griffiths, in the County of Lake, Indi ana; thence in a northerly direction paralleling the Chicago ft Erie Rail road through the Town of Highlands to the south side of the City of Ham mond; thence crossing the "Monon" Railroad and proceeding in an almost westerly direction to a point in the City of Hammond on the Indiana and HKnois state line; making in all a main line of railroad two hundred and sixty-one and six-tenths (261.6) miles in length; thence over the tracks of other railroads under the leases and agreements hereinafter mentioned, to the City of Chicago; together with the roadbed, superstructure and right of way of said railroad and all lands, real estate, rails, tracks, 6ide tracks, indus trial tracks, bridges, viaducts, build ings, depots, station houses, car houses, engine houses, shops, ware houses, turntables, water stations, fences, structures, erections, fixtures and appurtenances and all other things of whatever kind thereunto be longing to said railroad or In anywise appertaining or which have been ac quired or provided for use upon or in connection with said railroad, wheth er so acquired or provided by The Chi cago, Cincinnati & Louisville Railroad Company, or by the Receiver in said suits; and all lands acquired or de signed for depots, warehouses and other structures at either terminus, as well as along the line of said railroad, and also all locomotives, engines, cars, and other rolling stock, equipment, machinery, instruments, tools, imple ments, materials, furnlturerijooks, and records of account and other chattels belonging or appertaining thereto, and all property, both real and personal, of every kind and description at any time acquired for use upon said rail road and whether so acquired or held by the said The Chicago, Cincinnati & Louisville Railroad Company or by the Receiver in said suits; and all the corporate rights, privileges and fran chises which the said Railroad Com pany,, or the said Receiver, hath and can exercise of, in, to. upon or in re spect of the said railroad, or neces sary for the maintenance or operation thereof, or anything belonging or ap pertaining to the same or any part thereof: and also including all the rents, issues, profits, tolls and other income of said railroad. Also all of the rolling stock and equipment described in Schedule A an- Lnexed to the report of the Special Master filed in the above entitled cause pending in the Circuit Court of the United States, for the District of Indiana, on April 11th, 1910, reference being hereby made to said report of the Special Master for a more partic ular description of said rolling stock and equipment: Also the following described, : real estate, to-wlt: ' ' f ' The following real estate in Miami County. Indiana: All those tracts of land situated and lying between the South line of the Wabash and Erie Canal and the Wabash River from the east line of the land known as the Godlove Conrandt land (said land con taining about two and one fourth (2) acres, said line being the west line of a tract of land belonging to Matilda Miller, to a line which is parallel with, and one hundred and ninety-four (194) feet west of the West line of Forest Street in the City of Peru, produced southwardly to the Wabash River, ex cepting, however, therefrom a tract in the southwest corner thereof describ ed as follows: Commencing at the southwest corner of said tract and ex tending eastwardly up the river one hundred and sixty (160) feet; thence northwardly and parallel with said west line thirty (30) feet; thence westwardly and parallel with the Wabash River one hundred and sixty (160) feet to the west line; thence southwardly on said west line thirty (30) feet to the place of beginning; the tract hereby conveyed containing thirty (30) acres, more or less. The following described real estate, situate and being in the County of Miami and State of Indiana, to-wit: Parts of the fractional west half of the northeast quarter and of the fraction al east half of the northwest quarter of Section Thirty-two (32) Township Twenty-seven (27) North of Range Four (4) East, described as follows: Beginning at a point on the north line of said quarter section 1099.5 feet east of the northwest corner of said east half of the Northwest quarter of said section, running thence east 1021 feet to the west line of the Catholic Ceme tery; thence south along said west line 460 feet to the north line of the right of way of the Wabash Railroad; thence northwesterly along said north right of way line 1050 feet to the east line of the lands of John F. Wilcox; thence north along said east line 418.7 feet to the place of beginning; being all the lands belonging to said Reilly's lying north of the Wabash Railroad and west of said Catholic Cemetery in said Section. Also, a right of way 16 feet wide from the east line of above described tract of land across the south end of the above mentioned Catholic Cemetery to the east line of said Cemetery, to connect therewith a road - running north and south. - The following described real estate in Fulton County, State of Indiana, to wit: Lots two hundred and ninety- five (295) and two hundred and ninety-si (296) in A. D. Toner's Addi tion to the Town of Kewanna, Fulton County, Indiana. Also, lots numbered two hundred and fifty-nine (259) two hundred sixty (260), two hundred sixty-one (261), two hundred and sixty-two (262), two hundred and thirty-two (232) , two hundred and thirty-three (233) , two hundred and seventy-one (271), two hundred and seventy-two (2T2), two hundred and ninety-one (291), and two . hundred and ninety two (292), in the Town of Kewanna, in said County and Stale. Also. lots numbered seven (7), ight (S), sine (9) and ten (10). in Fred erick Mechenberg's Addition to the Town of North Judson, Starke County, Indiana. j A part of fractional Section Nine (9), Township One (1), North Range One (1), in Colerain Township. Ham ilton County, Ohio, to-wit: Beginning on the east line of the right of way now owned by said Railroad Company 500 feet southerly from the north line of said section; thence south 51 deg. east to a point which is 215 feet meas ured at right angles from the center line of said railroad, as now surveyed and located; thence south 39 deg. west 1681 feet more or less to the east line of Lot 3 in the partition of the estate of John Foster, deceased, owned by Michael Schultheis; thence north with the east line of said Lot No. 3, to the southerly line of the right of way of said Railroad Company; thence in a northeasterly course along said south erly line to the place of beginning, containing 9.46 acres. Also, the following real estate, sit uated in the County of Hamilton, in the State of Ohio, and being a part of Fractional Section 9, Township 1. Range 1, in Colerain Township, and bounded and described as follows: Commencing on the center line of The Chicago. Cincinnati & Louisville Railroad Company at Station No. 133 18.5; thence running along the cen ter of the main track as now located, used and operated by said railroad company, a distance of seven hundred and seventy-six and four-tenths (776.4) feet more or less, to a Station No. 140 95.2 at the Intersection of the center line of said railroad and the east line of Lot No. 3 of the estate of John Foster, deceased, or the ex tension of said east line; thence south erly along said east line or the ex tension thereof, a distance of 6ix hun dred and thirty-five (635) feet, more or less, to a stone at the south corner of a 9.46 acre tract, to the property of said railroad company; tbence through an angle of 105 degrees and 24 min utes left three hundred and ten and six-tenths (310.6) feet to the place of beginning, excepting a strip fifty (50) feet wide, measured from the center line of said main track and running parallel thereto, which is now owned by said Railroad Company and used as a right of way; the real estate above described containing one and five-tenths (1.5) acres, more or less, including the gravel taken therefrom by the grantee. Also, all of the following leases, franchises and agreements: (a) A certain ground lease, with the right to purchase running, from Thorns & Brenneman to The Chicago, Cincinnati and Louisville Railroad Company, dated December 22nd, 1903, and covering the following real estate: All the following described real estate in the County of Hamilton and State of Ohio, to-wit: The following numbered lots on the plat of subdi vision of lands made pursuant to order of court in the case wherein Alonzo W. Anderson was plaintiff and Thom as Ewing, et. al. were defendants, said case being numbered 16,163 upon the appearance docket of the Superior Court of Cincinnati, said plat being duly recorded in Plat Book No. 2, pages 208 and 209 of the Recorder's Office of Hamilton County, Ohio, viz Lots 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 241, 242, 243, 244, 245, 246, 253, 254, 255, 256, 257, 299, 300. 301, 302, 303, 304, 311, 312, 313, 314, 315, 316, 317, 318, 319. 320. fifteen feet off the west side of Lot 327 and 218, Lots 355, 356, 357, 358. S59, 360, 361, 367, 368, 369, 370. 375. 376, 377, 378, 379, 422, 423, 424 and 425; being all the property owned by the lessors be tween McLean Avenue and - Girard Avenue and Richmond street and Eighth Street, all of which is included in this lease, and alao fifteen feet off west side of Lot 327 and 218 west of Girard Avenue. This conveyance is made subject to a lease made by les sors to Maley, Thompson and Moffatt, a corporation under the laws of Ohio. dated July 2, 1902, and expiring De cember 31, 1907; also excepting such portions of some of above lots as have been taken by the City of Cincinnati for the viaduct on Eighth Street. (b) A certain ground lease, with the right to purchase, made by the estate of M. J. Perrin to The Chicago, Cincinnati & Louisville Railroad Com pany, dated December 22nd, 1903, and covering the following real estate: All the following described real estate in the County of Hamilton and State of Ohio, to-wit: The following numbered lots on the plat of subdi vision of land made pursuant to order of court in the case wherein Alonzo W. Anderson was plaintiff and Tbom as Ewing et. al. were defendants, said cause being number 16,163 upon the appearance docket of the Superior Court of Cincinnati, said plat being duly recorded In Plat Book No. 2, pages 208 and 209 of the Recorder's Office of Hamilton County, Ohio, viz: Lots 221, 222, 223, 224. (235. 236, 237. 238, 239, 240. 247, 248. 249. 250, 251. 252, 288, 289. 290, 291, 292, 293. 294. 295. 296, 297, 298, 305. 306. 307, 308, 309, 310, 321. 322, 325. 324, 371. 372. 373, 374. 380, 381, 382, 383, five feet off the west side, of 384, twenty-two feet ten inches off east side of 387, Lots 388, 389, 390, 391. twenty-two feet ten inches off east side of 426, five feet off west side of 429. and lot 473, being all the property owned by the lessor be tween McLean Avenue and Girard Av enue and Richmond Street and Eighth Street, and lot 473 on the north side of Richmond Street, all of which is included in this lease. This conveyance is made subject to a lease made by lessor to the Maley, Thompson and Moffatt Company, a corporation under the laws of the State of Ohio, dated July 26, 1902, and expiring on the 31st day of December. 1907; also excepting such portions of some of the above lots as have been taken by the City of Cincinnati for a viaduct on Eighth Street. (c) A certain franchise granted by the City of Cincinnati to The Chicago, Cincinnati ft Louisville Railroad Com pany, as the successor of The Cincin nati ft Indiana Western Railroad Com pany, under ordinance No. 122 adopted August 24th. 1903. and all rights and privileges arising thereunder, or under any ordinances, resolutions, licenses and permits supplemental to said or dinance or amendatory thereof, (dj A lease, dated August L lytl. from that Ttolt T? Ai I xrx v Cnm-' paay to The Chicago, Cincinnati & ' Louisville Railroad Company, running for the term of twenty years from date, under which said The Chicago, Cincinnati and Louisville Railroad Company has the right to operate its trains over the railroad owned by said Hammond Belt Railway Company, said railroad being about 3.S miles in length. (e) All of the agreements referred to in Schedule B annexed to the said report of the Special Master and to which reference is hereby made for a more particular description. Also all right, title and interest of The Chicago, Cincinnati and Louisville Railroad Company, or the said Receiv er, in all but five shares of the out standing capital stock of said Ham mond Belt Railway Company, such stock to be sold, however, subject to any Indebtedness of The Chicago, Cin cinnati and Louisville Railroad Com pany for which the same is held as security. All other property, rights and fran chises of The Chicago, Cincinnati and Louisville Railroad Company, legal or equitable, and all property the title or possession of which is held by the Receiver, whether or not herein speci fically described. The above mentioned property and premises will be sold in one parcel and as an entirety, and will be Bold subject to certain mortgages and liens upon various parts thereof as ascer tained and set forth in said decrees and therein declared and found to be prior and superior to the lien of the mortgages foreclosed by said decrees, and which are substantially as fol lows: "-"" (a) The mortgage of the Hoosier Equipment Company to the Boston Safe Deposit & Trust Company and Richard A. Jackson as Trustees, cover ing the rolling stock and equipment described in said Schedule A annexed to said report of the Special Master under the heading "Hoosier Equip ment." There remains due on this mortgage $200,000.00 as principal with interest at the rate of five per cent from January 1, 1909. (b) The Car Tru6t Agreement made by The Chicago, Cincinnati ft Louisville Railroad Company to the American - Loan ft Trust Company, as Trustee, covering the rolling stock and equipment described in Schedule A annexed to the report of said Special Master under the heading "Chicago, Cincinnati & Louisville Equipment. There remains due on the bonds secur ed by this car trust agreement the sum of $150,000.00 with interest at the rate of five per cent from De cember 1, 1908. (c) Two agreements between said Receiver and Burnham-Williams & Company for the purchase of equip ment covering the rolling stock, and equipment described in said Schedule A annexed to the said report of the Special Master under the heading of "Burnham-Williams Equipment." There remains unpaid on one of said agreements on account of the pur chase price ; of the rolling stock and equipment covered thereby the sum of $40,537.89, and on the other' the sum of $50,656.25, with interest on the latter sum at the rate of five per cent, from March 2, 1908. (d) A certain agreement between said Receiver and The Haskell ft Barker Car Company covering the roll ing stock and equipment described in said Schedule A annexed to said Special Master's report under the heading of "Haskell ft Barker Car Co., Equipment." There remains unpaid on account of the purchase price of the rolling stock and equipment cover ed by this agreement the sum of $177,- 744.00, with interest thereon at the rate of four per cent- from May 17. 1909. 3. The Special Master will receive no bid from any one offering to bid at said sale unless such person so offer ing to bid shall have first deposited with the Special Master as a pledge that he will make good his bid in case of its acceptance, the sum of $25, 000.00 in cash, or in a certified check upon any national bank or trust com pany of either the City of New York, Boston, Massachusetts, Indianapolis, or Richmond. Indiana, or $350,000.00 in amount of bonds secured either by the mortgage of the Cincinnati. Rich mond & Muncie Railroad, 'dated Octo ber 1st. 1900, of the Chicago ft Cin cinnati Railroad,' dated February 2nd, 1902,- or of The Cincinnati ft Indiana Western Railroad Company, dated June 2nd, 1902. or a certificate of de posit, satisfactory to the Special Mas ter, of any trust company for such bonds, or $350,000.00 principal amount of Receiver's Certificates heretofore issued in said causes and referred to in said decrees. , The Special Master will accept no bid for the property directed to be sold by said decrees for less than the sum of $5,200,000.00, and unless such sum or more shall be bid the Special Master will adjourn the sale and apply to the Court for further instructions. The deposit of any. unsuccessful bid der will be returned to him when the property is struck off. The deposit of the successful bidder will be ap plied upon the payment of the pur chase price of the property in case such bidder complies with the terms of the sale and completes his pur chase. In case any bidder shall fail to make good any bid upon acceptance by the Special Master and confirma tion by the Court, or shall fail to com ply with any orders of the court relat ing to the payment of the balance of the purchase price, then the deposit shall be forfeited as liquidated dam ages and shall be applied toward pay ment of the expenses of a re-sale and toward making good any deficiency or loss in case the property shall be sold at a less price upon such re-sale, or to such other purposes as the Court shall direct, but if said sale shall not be confirmed, the deposit shall be re turned to the bidder. The purchaser shall pay in cash upon the confirma tion of the sale, and from time to time thereafter, such further portions on account of the purchase price as the court may direct. The balance of the purchase price not required to be paid in cash may either be paid in cash or the purchaser may satisfy and make good the balance of his bid, in whole or in part, by turning in at their dis tributive value, to be cancelled or credited, any of the outstanding Re ceiver's Certificates heretofore issued under decrees entered ; In tho said suits, or any bonds or coupons payable out of the proceeds of the sale upon distribution thereof; namely, any bonds or coupons secured by any of -the mortgages foreclosed by said de crees, to-wit: The mortgage of the Cincinnati. Richmond & Muncie Railroad, dated October IsL 1900. The mortgage of the Chicago ft Cin cinnati Railroad, dated February 2nd. 1902. The mortgage of the Cincinnati ft; Indiana Western Railroad Company, dated June 2nd, 1902. The general and refunding mortgage of the Chicago. Cincinnati ft Louis ville Railroad Company, dated July 1, 1903. , The purchaser will be credited on account of the purchase price for the Receiver's Certificates, bonds and coupons so turned In, with such sums as would be payable on such Receiv er's Certificates, bonds and coupons out of the purchase price if the whole amount of the purchase price, had been paid in cash. 5. The purchaser shall, as part ot the consideration and purchase price of the property purchased and in ad dition to the amount of his bid. take the property sold and receive a deed, or deeds, therefor upon the express condition that he will pay, satisfy and discharge: 1. AH unpaid Indebtedness or ob ligations legally contracted or incur red by the Receiver in the operation or on account of the property sold at any .time prior, to the discharge of such Receiver. This indebtedness does not include Receiver's Certifi cates which under said decrees are payable from the proceeds of the sale. 2. Ail unpaid Indebtedness and lia bilities contracted or incurred by the defendant, The Chicago, Cincinnati ft Louisville Railroad Company, prior to the appointment of the Receiver with, respect to which a petition of Inter vention or proof of claim has hereto fore been filed In any of said suits, and which the Court shall adjudge to be entitled to payment prior to the bonds secured by any of the mortgages above mentioned. 5 The purchaser at the sale shall also take the property sold subject to the performance by him, or his successors or assigns, of all pending contracts heretofore lawfully made by the said Receiver. It is provided in said de crees that the purchaser shall not be personally liable to pay the before mentioned indebtedness and liabilities of the Receiver and of The Chicago, Cincinnati and Louisville Railroad Company, but the same are enforce able only against the property sold which the Court reserves the right to retake and resell for that purpose. Provision Is made In the said decrees whereby the purchaser has the right, in the manner therein stated, to con test any such indebtedness and liabil ity so payable by the purchaser. - The purchaser shall have ninety days from the date of confirmation of sale Jn which to elect whether or not to adopt 'and continue "in force, or to refuse to adopt, any lease, traffic, trackage or operating agreement, or other executory contract which may be included In the property sold, or which may constitute an incident or appurtenance thereof and neither such purchaser, his successors or as signs shall be deemed to have as sumed or adopted any of said con tracts which he or they shall not elect to accept or assume. Upon payment of the purchase price bid by the purchaser or upon making such provision therefor as the Court shall approve, and upon confirmation of the sale the Special Master will execute and deliver to such purchaser or his assigns a proper Instrument or instruments of conveyance, eselgn raent and transfer of the property sold under said decrees, and upon the execution and delivery of said Instru ment or instruments, the grantee or grantees therein shall "be let into possession of the property conveyed, assigned and transferred, and the Re ceiver shall 'deliver all the premises and property sold which may be In his possession or under his control over to the purchaser, his successors snd assigns. The said decrees farther provide that all earnings and Income derived by said Receiver from the op eration or on account of the property sold, remaining in his hands at the date of the delivery of the property to the purchaser, or shall come into the bands of such Receiver prior to bis discharge, shall be turned over to the purchaser on demand, or at his elec tion shall be retained by the Receiver and applied by him subject to the di rection of the Court to the payment of the indebtedness and obligations ot the Receiver which the purchaser is required to pay In addlton to his bid. After such delivery of the premises. h.t AO aw nr.. . .u.Aa...a .... assigns shall hold, possess and enjoy the same and all rights, privileges. Im munities and franchises appertaining thereto as fully and completely as the defendant, The Chicago, Cincinnati ft Louisville Railroad Company, or any of its predecessors In interest, or the Receiver at any time heretofore have held, or now hold, possess or enjoy the same. And the purchaser and his as signs shall thereupon be entitled to have and to hold the premises so con veyed free and clear of the lien and incumbrance of each and every of the several mortgages 'thereof foreclosed In said suits, and from the lien of each and all of the said Receiver's Certifi cates, and from each and all of the liens and claims of all of the parties to the suits aforesaid, and . those claiming under them, save only as to such liens or claims subject to which such sale is made, and as are express ly reserved in said decrees. The sale will be made free from .any appraisal, right of redemption or ex tension. : :. ; ;.S .. . y. For a more specific description of the property to he sold, the liens and obligations to be assumed by the pur chaser and of the terms and con ditions of such sale, reference is here by made to the above mentioned de crees. " . . . NOBLE C. BUTLER. Special Master in Chancer may 24-31 Jun 7-14.