The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-07-23
SALE OF THE
PORTSMOUTH & ROANOKE
RAIL ROAD
BY PUBLIC AUCTION.
go 800 $50 & 3 81

Notcc Is hereby given To all whom it 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 ncxt nj %
O'Clock. before the Court House of Norfolk county
IN the Town OF Portsmouth, To sell by public auc
ton. the terms limitations, and provisiops act
forth i'm said act, 4" all the estate. p opery and e
fec's of every n'tur" and kind Whatsoever, and
wheresoevcr situated or being, embraced bv the
| mortgages executed by the Portsmouth and Ro
Direct tors of the Board of Public Works., partcn
larly specified i'm the said act.
Such title only will be conveyed To the purcha sc,
as the Commonwealth has to the said road, proper
BY ORDER OFTHE PRESIDENT & DIRECTORS
Of The Board Of Public Horks:
J. BROWN, Jr.. Cd Auditor.
MEMO The portion Of this road which Ii in
North Carolina Is claimed adversely to the mort
Cages of the Board of Public Works by persons
who profess to hold it under the laws of North Caro-
portion s to be adjudcated according to the laws
and by the Courts of that State. aud must be tn kon
Mt the purchasers own hazard.
J. y. Jr., Cd Aud.
I'd Auditors Office. July Sd, 1916
=, The following is copy of the act referred to in
tho foregoing notice
CHAP. llS.-An ACT directing the Board of Pub
l,c Works to sell the Portsmouth and Roanoke
Railroad, and incorporating the purchasers there
OF by the name of the Scaboard and Portsmouth
Rail Road.
Passed February 81, 1916
L. he II enacted, That so the stockholders
OF the Portsmouth and Roanoke Rail Road Com
pany," or majority thereof in any GENERAL meet.
ing, or special u Getting 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 hercina ftcr set forth
the President and Directors of the Board OF Public
Works shall sell all the estate property and effects
"f every nature and kind whatsoever and whcrcso
ever situated or being embraced by the mortpa pcs
executed by the Portsmouth aud Roanoke Rail
Road Company to the President and Directors of
the Board of Public Works aforesaid the first da
tpdt hN nlrth a. ,f 49,
thirty eight, recorded in the Clerks Office of Nor
folk County Court, and the second dated the four
tccnth day of October. eighteen hundred and thir-
~ nine. recorded in the County Court of Halifax,
IN the State of North Carolina, together with all
tho franchises, rights, privileges and immunitics
nc'onging or anpertaning to the Portsmouth and
Roanoke Rail Road Company as well in Virginia
ms In North Carolina upon the following terms
the sale to be at public auction before the (nurt
House OF Norfolk County, in the town of Ports
mouth after sixty days notice of the time nd place
by advertisement in such newspapers a. the Prcsi.
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 e.
tho Board of Public Works, for the proceeds, paw
able in six equal annual instalnents The p,r.
chasers ipSo facto by the purchase, shall become
body nohtlc and corporate, by the name aud style
of 3" The Seabonrd and 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, as aiorcsaid of the present
Company, with all the franchises rights privileges
and immunities granted to and conferred upon il =,
o. North carolina. in as ample manner the lie
gislature of this State can transfer them subject
IN all respects, aud in every thing, all the du
ties regulations and penalties required prescribed
and enjoyed by any law or laws now in force re-
specnng the present Company, and subject to the
provisions OF the Act of the General Assembly, en-
titled I" an Act prescribing certain general regu.
lations for the incorporation of Railroad Gonna
MES" 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 Rail Road Company, and
the claims of any other creditors legally entitled To
priority over the mortga GEES aforesaid TO tho Prcs
dent and Directors of the Board of Public Works
aforesaid.
2. That the nett proceeds of said sale shall be ap
Pied under the direction of the Superior Court of
Chancery for the Richmond circuit in the suit now
pending in said Court between Francis E. Rivcs
and the Board of Public Works and Others accord
ing to the legal prIores of the claims of the BOARD
Of Public Works under the said mortqar res of Nav
the fourth, eighteen hundred and thirty eight and
October the fourteenth, eighteen hundred and thir.
tynlne, and of the claims of any other creditors OF
the Portsmouth and Roanoke Rail Road Company
who shall in said suit tablish their right TO pr
orlty over the said claim of the Board of Public
Works. And if any suit or suits in chanccry be
now pending, or shall he hereafter brought in any
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.
nokc Rail Road Company, in which the President
and Directors of the Board of Public Works arc or
may ne Il necessary party, the same shall be trans
ierred by the Court in which such suit NAV be
pending, to the Superior Court of Chanccrv fer the
Richmond Circnit. to be there proceeded in and de
C ded Prorided hotoever, That any party to any
such SUIT or suits, who may think hiusclf or them
selves aggrievcd by any decree of said Court shall
be entitled to apply for, and if proper To obtain
P@Sededs from the court of appeals to such dc
cree, precisely as in any other case decided by thu
said Circuit Superior Court of Chanccry for tht
Richmond circuit
- 3. The corporate existence of the Portsmouth and
RoaroEe Rail Road Company, Notwithstanding any
sac mat may he made under this act, shall be con.
unue' so lar as IT may be necessary in its name t.
conduct or TO institute and carry any suit or
SUITS, to It's or their final completion and satisfac
ton.
a. BE Hf'pUier enacted, That the sale of said Road
shall be made by the Board of Public Works in all
respects noe herein before provided for, as pro
Vldcd IN the general law passed the eighteenth dcy
OF march, eighteen hundred and forty-one and
tne SAL. BOARD sh' hii for the Road such price
lhey shall th'nk the value thereof
o. re 1t t.fher enacted, That if at the sale of the
sald portsmouth aud Roanoke Rail Road, or at any
uc thers liter, the State of North Carolina or my
company Incorporated in said S ate for purposes o.
lnterIal improvement, shall become the owner
either, directly or by agent or otherwise of the
sald portsmouth and Roanoke Rail Road, hereby
au'horized 10 be sold, of the said Seaboard and
hoanoke Rall Road the General Assembly of Vir-
gnia hereby nc arvcs the right, by special act of
legislature or otherwise, to revoke all The powers,
privileges and 1mmunities 10 be conveyed by the
void.
s. Be ;tfarther enacted, That it shall be the duty
of the Board of Public Works of Virginia and they
are hereby required, to regulate, from time to
time, the fare for passengers each Rail Road be-
tween Weldon and Portsmouth, and be wecu Wei
don and Petersburg g to prevent an injurious
competition by red cling the fare on, or by either
of the said Roads, c. her by direct levynr of such
fare or by any combination or arrang, ,ncpt with
any other Rail Road or STAGE line, or wi n ? nv linz
of Steamboats, the Chessbcake BAY for such re-
ducton of farc and IN reference The fact Of such
combination, any injurious redr- con of are AZ
aforesaid, the Board Of Public Works shall be the
sole judge; and their order shall be obligatory on
either or p9th OF me said companies Prorided,
The Stockholders of the Petersburg Rail Road Com
pany, in general meeting. agree to this section
7. BE ufw'3er enacted That in case the authori
ties of the State Of North Carolina shall at anv
time, by legal process otherwise, deprive tho Pc
tersburg RaI Road Company Of any of tho priv.
leges ana advantt ges of its charter obtained from
that state, by any act heretofore done, or omitted
to be done by The said Petersburg Rail Road Com