The daily union., 1846-09-01

of the "Act directing tho board oil pubic works 10
sell the Portsmouth and Roanoke Railroad, and in
cooperating the purchasers thereof by the name Of
the Seaboard and Portsmouth Railroad" passed
February 9Th, 1886, a copy OF which is here sub
ioined public notice is hereby given TO all whom il
may concern that the president and directors Of the
board Of public works will, by their agent, proceed
on FRIDAY, the 4th day Of SEPTEMBER
NEXT, at I2 O'clock before the courthouse OF
Norfolk county in the town Of Portsmouth, TO sell
by public auction on the terms limitations, and pro-
visions set forth in said act call the estate, proper
ty, and effects Of every nature and kind whatsoever,
and wheresoeyer situated or being embraced by the
mortgages executed by the Portsmouth and Roam
oke Railroad Company to the president and diree-
tors Of the board Of public works." particularly
specified in ihe said act.
Such title only will be conveyed TO the purchaser
as the Commonwealth has to the said road, proper
erty, &c.
By order Of the president and directors Of the board Of
]. BROWN, jr., I'd Auditor.
MEMO;-The portion Of this road which lies in
North Carolina is claimed adversely TO the mort
agges of the board ofpublie works by persons who
profess to hold it under the laws Of North Carolina.
Il is be understood that the title To such portion IL
TO be sdjudicated according TO the laws and by the
of that State, and must be taken at the pur-
ehaser's own hazard. J, b ,jr, I'd Aud.
I'd auditors office, July Sd 1876.
he foregoing notice:
CHAr. lIs-AN ACT directing the board Of pub
lie work to sell the Portsmouth and Roanoke
railroads, and Incorporating the purchasers thereo
by the name of the Seaboard and Portsmouth
railroad.
Passed February 27, ls46.l
1. BE Il enacted, That soon as the stock
holders OF the "Portsmouth and Roanoke Rail
road Company" or a majority thereof IN
any general meeting or special meeting convened
for such purpose, shall give their assent TO
sale Of the Portsmouth and Roanoke rail
road, under the mortgages, and on the terms and
conditions hereinafter forth, the president and d.
Of the board Of public workssh sell all the
estate, property, and effects, Of every nature and
kind whatsoever, and wheresoeyer situated or be-
ing, embraced by the mortgages executed by the
Portsmouth and Roanoke Railroad Company TO the
president and directors of the board Of public works
aforesaid; the first dated the fourth day Of May
eighteen hundred and thirty-elght, recorded in the
clerks Office of Norfolk county court; and the sec.
ond dated the fourteenth day Of October, eighteen
hundred and thiry-nine, recorded in the county
court Of Halifax in the State Of North Carolina,
together with all the franchises rights, privileges,
aud mmunities, belonging or appertaining to the
Portsmouth aud Roanoke Railroad Company, as
well in Virginia in North Carolina, upon the fol-
lowing terms the sale to be at public auction be-
fore the courthouse Of Norfolk county in the town
of Portsmouth, after sixty days notice Of the time
and place by advertisement in such newspapers as
the president and directors Of the board of public
works may select the purchasers TO give bonds with
approved security to the president and directors o
the board of public works, for the proceeds, paya.
bic in six equal annual nstaments. The purchasers
ipso taetO by the purchase shall become body polite
and corporate, by the name and style Of "Ihe Sea.
board and Roanoke Railroad Company and shall
hold use, enjoy, and employ the road, and all the
other property and effects Of every nature and kind
as aforesaid, of the present company, with all the
franchises, rights, privileges, and immunes grant
ed to and conferred upon IT. at any time heretofore
by this State and the State of North Carolina, in
ample manner the legislature Of this State can
transfer them subject in an respects and in every
thing to all the duties, regulations, and penalties
qured, prescribed and enjoyed by any law or laws
now in force respecting the present company, and
subject tho provisions of the act Of the general
assembly, e,titled "An act prescribing certain gen.
eral REGULATE for the incorporation of railroad
panies," passed March eleventh, eighteen hundred
and thirty-seven. The said sale to be subject to all
mortgages and deeds of trust executed by the
Portsmouth and Roanoke Railroad Company, and
the claims of any other creditors legally entitled to
priority over the mortgages aforesaid to the presi
dent and directors Of the board ofpublic works
aforesaid.
2. That the nett proceeds of said sale shall be ap
Piled under the direction Of the superior court Of
chancery for The Richmond circuit, in the suit now
pending in said court between Francis (. Rives and
the board of public works and Others according to
the legal priorities OF the claims of the board OF
public works under the said mortgages Of May the
fourth, eighteen hundred and thrty-eght, and Octo
ber the fourteenth, eighteen hundred and thirty
nine and Of the claims of any other creditors of the
Portsmouth and Roanoke railroad company, who /
shall in said suit establish their right to priority
over the said claim of the board Of public works /
And if any suit or suits in chancery be now pend
ing, or shall be hereafter brought in any Of the
other circuit superior courts of law and chancery
or in any of the county courts OF this Common
wealth, against the Portsmouth and Roanoke rail-
road company, in which the president and directors
of the board of public works are or may be me-
cessarv party the shall be transferred by the
court in which such suit may be pending, to the su-
perior court of chancery for the Richmond circuit,
to be there proceeded in and decided Propided hour
eper That any party to any such suit or suits, who
may think himself or themselves aggrieved by any
decree of said court shall be entitled to apply for,
and if proper, to obtain spersedeas from the court
of appeals to such decree, precisely in any other
case decided by the said circuit superior of
chancery for the Richmond circuit.
g. The corporate existence of the Portsmouth
and Roanoke railroad company, Notwithstanding
any sale that may be made under this act, shall be
SO far as it may be necessary in its name
to conduct, to institute and carry on any suit or
suits, to its or their final completion and satsfac-
ton. ....
a. BE IL further enacted, That the sale Of said road
shall DC m6ue Oy lne DodTu VI pupHC WoThs
respects, (not hereinbefore provided for, provid
ed in the general law passed the eighteenth day of
March, eighteen hundred and forty-one; and the
said board shall bid for the road such price they
shall think the value thereof.
S. BE further snaced, That If at the sale of said
Portsmouth and Roanoke railroad, or at any time
thereafter the state Of North Carolina or any COM
pany incorporated in said state for purposes of in
ternaI improvement, shall become the owner, either
directly or by agent otherwise, of the said Ports
mouth and Roanoke railroad, hereby authorized to
be sold, or of the said Seaboard and Roanoke rail-
road, the general assembly of Virginia hereby re-
serves the right, by special act Of legislature or
otherwise to revoke all the powers, privileges, and
to be conveyed by the sale Of said road
and to declare the same null and void.
g. BE L. further enacted, That il shall be the duty
of the board Of public works of Virginia, and they
are hereby required, so to regulate, from time to |
time, the fare for passengers each railroad be-
tween Weldon and Portsmouth, and between We'll