The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-27

H..
FRIDAY, the 4th day of September next at IL
O'Clock, h"ipre the Court House of Norfolk county
IN the Town oil Portsmouth,, To sell by public auc
ton, on the terms, limitations and provisions sct
forth in said act, all the estate property and a.
iects at every ustur" aud kind whatsoever and
whcIesocver situated or being, embraced by the
mortgages executed by the Portsmouth and Ro
anoke Rail Road Company To the President and
Directors of the Board of Public Avcrks," particu-
larry specified in the said act. Es. .'s.
Such title only will he conveyed to the purcho scr
az the Commonwealth has to the said road. prupcr-
BY OROER OFTHE PRESIDENT& DIRECTORS
Of The Board Of Public H'orks:
j. BROWN, Jr., Cd Auditor
MEMO The portion Of this road which lies in
North CaroIi'ie Is claimed adversely to the mort
Cages OF the Board of Public Works by persons
VINO profess to hod it under the laws of North Caro-
lima: IL Is to- be understood that the title to such
Poru"h Is 10 be adJut'icaed according to the laws
at the purchasers own hazard
j. n. Jr., I'd Aud
I'd Auditors Office, July 3D., 1916.
The following is copy of the act referred to in
the foregoing notice -
CHAr llS.-An ACT directing the Board of Pub
Tic works to sell the Portsmouth and Roanoke
Ralrond, and iocor poratng the purchasers there
OF by the name of the Se,board and Portsmouth
Rail Road.
Passed February 81, 1876
l. BE ii enacted That so soon as the stoc kboIders
OF the !" Portsmouth and Roanoke Rail Road Com
pany, OF majority thereof, in any gene raj meet
ing. or special II Getting convened fc r such purnose
shall give their assent to sale of The Ports IN
and Roanoke Rail Road under the mortoa Ges and
on the terms and conditions hereinafter set forth
the ~ @sidcnt and Directors OF the Board o. Public
Works shall sell ali the csai e. property and effects
at every nature nd kind WHATSOEVER and whercso.
ever situated or being, cnbr ,ccd by the mortga res
executed by the Portsmouth and Roanoke Rail
Road Company to the President and Directors Of
the Board of Public Works forc<aid the first do
ted the fourth day of May eighteen hundred and
tnrty-elgt, recorded in he Clerks Office of Nor
Cntat,t al.
tccnth day of October, clg teen hundred and hr.
~ nine. re corded in the C,un tv.Court of Halifax
III the State of North Caro- lima together with ali
INC ranch SEES, rights, priv lcrcs and immunities
belonging Or appcrtaining to the Portsmouth and
Roanoke all Road Conpa nv AZ well in Virginia
ms a., IN MORT CaIolina, upe the following terms
the sale TO be atpublic auction before the Court
House of Norfolk County. in the town of Ports.
mouth, after sixty days notice of the time md place
by advertisement in sue newspapers as the Presi
dent and Directors Of TIC Board of Public Works
may select, the purchasers to give bonds with an
proved security to the President and Directors of
the Board of Public Works, for the proceeds, pay
ape In SIX equal annual instal:nents. The pur-
chasers t'Soj dcto by the purchase, shall become
body polite and corporate, by the name and stvle
OF " Ibc Seaboard and Roanoke Rail Road Compa-
ny and shall hold, use, enjoy and employ the
Road aud all the other property and effects of eve
ry nature and kind, aforesaid, of the present
Company, with all the franchises rights, privileges
ana lmin unitics gran ed to and conferred upon il
Mt any tune heretofore by this State and the State
OF North Carolina, in ample "a manner as the lie.
glsature oil TINS State can transfer them, subject
IN all respects and in every thing, to all the do
ties. regulations and penalties required prescribed
and enjoyed by any lalT laws now in force re-
specnng The present Company, and subject to the
provisions of the Act OF the General Assembly en-
titled -" an Act prescribing certain gene raj regu.
iatons for the incorpo -aton of Railroad Comma
mes" pa sed March eleventh. eighteen hundred
ana thirty seven. The laid sale to be subject to all
mortgages and deeds Of trust executed by the
Portsmouth and Roa nolcs Rail Road Company and
the claims OF any other creditors legally entitled to
tsrs,,r -of. IT.
dent and Directors Of the Board of Public Works
Aforesaid
. That the nett proce els of said sale shall be ap
pied under the direction of the Superior Court of
Chancrry Tor the Richlnc circuit in the suit now
pc nding IN said Court IL tween Francis F., Rivcs
and the Board Of Public orks and others accord.
ing to the legal pnories % the claims of the Board
OF Public Works under tn. said mortgages of MAY
the fourth, eighteen hundrt d and thirty eight and
october the fourteenth. eighteen hundred and thir.
y-nlne, ana oil the claims fany other creditors of
me Portsmouth and Roanok Rail Road Company
who shall in said suit csitbL sh their right to pr.
GRITTY over the said claim of the Board of Public
WORKS And III any suit suits in chancery be
now pending. or shall he her after brought in any
OF the other Circuit Superior Courts of Law and
Chancery, or in any of the County Courts Of this
commonwealtb, against the Portsmouth and Roa.
noke Rail Road Company, in which the President
and Directors of the Board of PubEc Works are or
may be necessary party, the same shall be trans
1erred by the Court in which, such suit NAV be
pending, to the Superior Court of Chaaccry for the
fchmond CIRCUIT, to be there rocccdcd in ana de.
cue" ITOoiae" ho!0SotT' ma any party to any
such suit or suits, who may ttik himself or them
selves aggticvcd by any decree of said Court shaI
be entitled to apply for, and if proper, 70 Obtain
SupeTsededs from the court of appeals to such dc.
cree precisely as IN any other decided by the
said Circui Superior Court of Chancery for the
Richmond circuit
3. The corporate existence of tb c Portsmouth and
Roanoke Rail Road Company, not withsta udng any
sale that may he made under this act shall be con.
tnued so far as il may be necessar in its name to
conduct, or to institute and carr on any suit or
suits to its or their final completi on and satisac.
ton.
4. Be itftoUier enacted That the sale of said Road
shall be made by The Board Of Pub lie Works in all
respects (not herein before provd ed for y az pro.
vided in the general law passed the eighteenth Dir
of March, eighteen hundred and forty one and
the said Board shall bid for the Road such price as
tbcv shall think the value thereof
3. BE further enacted That if al the sale of the
said Portsmouth and Roanoke Rail Road, or at nv
time thereafter, the State OF North Carolina or any
company Incorporated in said State for purposes Of