The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-18
SALE OF THE
PORTSMOUTH & ROANOKE
RAIL ROAD
BY PUBLIC AUCTION.
essss szss,yss sAs4s1 go g. ST..

mail noau having at a special m u
convened In the Town of Portsmouth on the 10Th
day OF April last, given their assent TO sale of the
SAID kall Road according to the provisions of the
Aet directing NE Board Of Public Works to sell The
Portsmouth and Roanoke Rail Road and incorpora-
ting The purchasers thereof by the name of he SeaIonrd
and Portsmouth Rail Road, -passeo February ~ h.
lo4o copy oil winch is herct" suhjoincd Public
Notice is hereby given to all whom il NAV concern
that the President and Directors of the Board of
Public Works will. by their agent, proceed on
FRIDAY, the 4th day of September pext n, ID
O'clock, before the Court House OF No, folk countv
in the Town OF Portsmouth, to sell by public auc
ton, on the terms, limitations. aud provisions set
forth in said act all the estate pt opertv and sf
fects OF every nature and kind whatsoever, aud
wheresoevcr situated or being, embraced bv the
mortgages executed by the Portsmouth and Ro
anoke Rail Road Company to the President and
Directors of the Board of Public Works" porticn
larly specified in the said act.
Such title only will he conveyed to the purchaser
as the Commonwealth has to the said road proper
BY ORDER oFTHE PRESIDENT DIRECTORS
Of The Board of Public Porks:
j. BROWN, Jr., I'd Auditor
MEMO The portion Of this road which lies in
North Carolina is claimed adversely to the mort
Cages of the Board of Public Works by persons
VINO profess to hold it under the laws Of North Caro-
INA IL to be understood that the title to such
portion is to be adjudcated according to the laws
and by the Courts of that State and must be taken
at the purchasers own hazard.
J. b. Jr., I'd Aud
The following is copy of the act referred to in
the foregoing notice =
CHAR: liS.-An ACT directing the Board of Pub
llc Works to sell the Portsmouth and Roanoke
Railroad and Incorporating the purchasers there
ct by the name of the Scaboard and Portsmouth
Rail Road
lPasscd February Of, 1916
l. BE ii enacted, That so soon as the stockholders
of the g Portsmouth and Rua Rail Road Com
pany," OF a majority thereof In any gene raj meet
ing: or special IA Getting convened for such purpose
shaI give their assent to sale of the Portsmouth
and Roanoke Rail Read, under the mortga ges and
on the terms and conditions hereinafter set forth
the President and Directors of the Board OF Public
Works shall sell all the estate, property aud effects
Oh every nature and kind whatsoever. and wbcrcso
ever situated or being embraced by the mortga pes
executed by the Portsmouth, and Roanoke Rail
foaG Compony to the President and Directors of
the Board OF Public Works foresaid; the first da
ted the fourth day Of May. eighteen hundred and
tnIrty-eight, recorded i'm the Clerks Office of Nor
folk County Court, and the second dated the four
TENN day OF October, eighteen hundred and thir-
~ nine recorded in the Countv.Court of Halifax
In the State of North Carolina, together with ali
inc franchises, rights, privileges and immunities
belonging or aDpertaining to the Portsmouth and
Roanoke Rail Road Company. as well in VIRGINIA
ns In North Carolina, upon the following terms
me sale to be at public auction. before the Court
Rouse oil Norfolk County. in the town of Ports.
mouth after sixty days motto. OF the time and place
by advertisement IN such newspapers az the Presi
dent and Directors of the 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
doie III SlS equal annual instruments. The IN
chasers psof acto by the purchase, shall become
body polite and corporate, by the name and style
OF ''Thc Seaboard aud Roanoke Rail Road Compa-
ny and shall hold, use, enjoy and employ the
Road and all the other property and effects of eve
ry nature and kind. aforesaid of the present
Company, with all the franchises, rights privileges
and lminunities granted to and conferred uDon il
at any time heretofore by this State and the State
OF North Carolina, in ample manner as the lie
gislature of this State can transfer them, subject
IN all respects, and in every thing to all the du
ties. regulations and penalties required prescrihed
and enjoyed by any law or laws now in force re-
spccrnS the present Company, and subject to the
provisions of the Act of the General Assembly en-
Titled " an Act prescribing certain general reru.
iat1ons tor the incorporation of Railroad Compa-
mes. passed March eleventh. eighteen hundred
and thirty severn. The said sale to be subject to II
mortgages and deeds OF trust executed bv the
Portsmouth and Roanoke Rail Road Company and
the claims OF any other creditors legally entitled to
priority over the m0rtga ges aforesaid TO the Prcs
a'oresaid. ~"
3 That the nett proceeds Of said sale shall be an
pied. under the direction of the Superior Court of
ChauGery for the Richmond circuit in the suit now
pc nding in said Court between Francis F. Rives
and the Board of Public Works md Others accord.
ing to the legal prIorites of the claims of the Board
OF Public Works under the said mortgages of Nav
the fourth, eighteen hundred and thirty eight and
October the fourteenth eighteen hundred and thir-
tynlnc and OF toe claims of any other creditors of
the Portsmouth and Roanoke Rail Road Company
who stall In said snt establish their right to pri
GRITTY over the said claim Of the Board of pubIic
w orks. And IL any suit suits in cbanccrv be
now pending, shall he hereafter broug ut i'm anv
OF the other Circuit Superior Courts of Law and
Chanccry, or in any of the County Courts Of this
commonwealth against the Portsmouth and Roa.
noke Rail Road Company, in which the President
and Directors of the Board of Public Works are or
may be ii necessary party. the same shall be trane.
fcrred by the Court in which such emit NAV he
pending, to the Superior Court of Chanccrv f,I The
Richmond Circuit, to be there proceeded in ana de.
cded Prorided however, That any party To any
such suit or suits, who may think himself or tbe,3I
sc YES aggtieved by any decree of said Cont cha II
be EMIT cd to apply for, aud if proper TO Obtain
supTsededs from the court of aDnesls 10 surb dc.
cree, precisely in other case decided Nv the
said Circuit Superior Court Of Chancery for the
Richmond circuit "
3. The corporate existence of the Portsmoutb and
Roanoke Rail Road Company, Notwithstanding ans,
sale that may be made under this act shall he con-
unued so far IS II may be necessary in it's name to
conduct, or to institute and carry ON anv suit or
suits to its their final completion and satisCac.
ton
4. BE further enacted That the sale Of said Road
shall be made by the Board Of Public Works In ali
respects, (not herein before provided for as pro.
vdcd in the general law passed the eighteenth DIV
Of March. eighteen hundred and foriy.one; and
the said Board shall bid for the Road such nricc ms
they shall think the value thereof
5. BE IL further enacted, That if al the sale Of the
said Portsmouth aud Roanoke Rail Road or At anv
time thereafter the State of North Carolina or pv
company Incorporated i'm said State for nnrnoses -,
internal improvement, shall become the owner.
either, directly or by agent or otherwise, of the
said Portsmouth and Roanoke Rail Road hcrebv
authorized to be sold, or of the said Seabos rd ad
Roanoke Rail Road the General Assembly Of Vir
Rinia hereby reserves the right by special act of
legislature otherwise, to revoke all the poVVcrs
privileges and immunities TO be convened bv tho
sale Of said Road, and to declare the same null and
void.
s. Be itfurther enacted That IL shall he the dp,v
of the Board of Public Works Of Virginia and tbcy
are hereby required. so to regulate, from time 10
time, the fare for passengers each Rail Road br
tween Weldon and Portsmouth, and between Vel
Don and Petersburg, "a to prevent an iniurious
competition by reducing the fare on, or by either
OF the said Roads, either by direct levyng of such
fare or by any combination or arrangement with
any other Rail Road Stage line, or with any line
OF STEAMBOATS, on the Chessbeake Bay for such re-
ducton Of fare and in reference TO the fact ~ ,cb