The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-15
SALE OF THE PORTSMOUTH AND
ROANOKE RAILROAD, BY PUBLIC
4&sG5s C. 80 - g.

TVyHE stockholders Of the Portsmouth and Roam
u oke Railroad Company, having, AT a special
meeting, convened in the town Of Portsmouth on
the ION day OF April last, given their assent TO a
sale OF the said railroad according 10 the provisions
of tie "Act directing the board OF public works to
sell the Portsmouth and Roanoke Railroad, and In
the purchasers thereof by the name Of
the Seaboard and Portsmouth Railroad" passed
February 9th, 1886, copy OF which Is here sub.
joired, public notice ia 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 IL o'clock, before the courthouse OF
Norfolk county in the town OF Portsmouth, TO sell
by public auction the terms, limitations, and pro-
visions forth in said act "a the estate, proper
ty, and effects OF every nature and kind whatsoever
and wheresoever situated being, embraced by the
mortgages executed by the Portsmouth and Roam
oke Railroad Company 10 the president and direc-
tors of the board Of public works." particularly
specified in the said act.
Such title only will be conveyed TO the purchaser
as the Commonwealth has TO the said road, proper
eny, &c.
BY order Of the president and directors Of the board Of
]. BROWN, jr., Cd Auditor.
MEMos--The portion Of this road which lies in
North Carolina 10 claimed adversely TO the mort
cages Of the board of public works by persons who
profess hold IL under the laws Of North Carolina
Ii is to be understood that the tide such portion Is
to beadjudicated according TO the laws and by the
courts OF that State, and must be taken at the pur-
ehssers own hazard jr., I'd Aud.
2d AUDITORS Office, July Sd 1886.
The following is copy Of the act referred to in
the foregoing notice;
CHAR. ll9-AN ACT directing the board of pub
lie works to sell the Portsmouth and Roanoke
railroad, and Incorporating the purchasers thereof
by the name Of the Seaboard and Portsmouth
railroad.
Passed February 27, ls46.l
l. Be IL enacted, That SO soon as the stock
holders of the Portsmouth and Roanoke Rail-
road Company" majority thereof In
any general meeting special meeting convened
for such purpose, shall give their assent tn n
sale Of the Portsmouth and Roanoke rail-
road, under the mortgages, and on the terms and
conditions hereinafter FORTH the president and d.
rectors OF the board Of public works shall sell all the
estate, property, and effeets, of every nature and
kiad whatsoever, and wheresoever situated 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 thlrty-eight, recorded in the
clerks office Of Norfolk county cour and the sec
ond dated the fourteenth day of October, eighteen
hundred aud lhIry-nine, recorded in the county
court of Halifax, IN the State of North Carolina,
together with all the franchises rights, privileges
and immunities, belonging or appertaining TO the
Portsmouth and Roanoke Railroad Company, as
we'll IN Virginia an North Carolina upon the fol-
10 wing 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
the president and directors of the board of public
works may select, he purchasers to give bonds with
approved security to the president and directors OF
the board public works, for the proceeds, paya-
BILE in six equal annual instruments. The purchasers
tuSOf ncIo bv all b,co bndyD liz
and corporate, by the name and style Of "lhe 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 immuniues grant
ed to and conferred upon 1t, at any time heretofore
by this State and the State of North Carolina in as
ample manner as the Legislature of this ate
transfer them, subject in all respects, and in every
thing, to all the duties, regulations, and penalties
quired, prescribed and enjoyed by any law or laws
now in force respecting the present company, and
subject TO the provisions of the act Of the general
assembly, enued AsAn act prescribing certain gen.
eral regulations forhe incorporation Of railroad COM
panies, passed March eleventh, eighteen hundred
and thiry-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 presl-
dent and directors of the board of public works
aforesaid. ...r
g That the nett proceeds of said sale shall be APP
piled, under the direction of the superior court Of
chancery for the Richmond circuit, in the suit
pending in said court between Francis K. Rives and
the board Of public works and others, according to
the legal prorties OF the claims of the board OF
public works under the said mortgages of May the
fourth eighteen hundred and thirty-elght, and Octo
Der 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 a 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, which the president and directors
Of the board of public works or may be ne
cessary party, the shall be transferred by the
court IN which such suit may be pending, to the
perior court Of chancery for the Richmond circuit
to be there proceeded in and decided Provided ho,p-
eper, That any party to any such suit or SUITS who
may think himself themselves aggreved by any
decree OF sai court, shall be entitled to apply for
and if proper, obtain supersedeas from the court
of appeals to such decree, precisely in any other
case decided by the said circuit superior court OF
chancery for the Richmond circuit.
3. The corporate existence Of the Portsmouth
and Roanoke railroad company, Notwithstanding
any sale that may be made under this act shall be
continued so far as II may be necessary in its name
to conduct, to institute and carry any suit or
suits, to its or their final complexion and satisfac-
ton. ..... .. .
A. Be IL further enacted, That the sale of said road
shall be made by the board of public works in all
respects, (not hereinbefo'e provided for) provid
ed IN the general law passed the eighteenth day OF
March, eighteen hundred and forly-on and the
said board shall bid for the road such price as they
shall think the value thereof. a
s. BE further enacted, 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
lereal 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 of legislature or
otherwise to revoke all the powers, privileges, and
lmmunites, to be conveyed by the sale Of said road
and to declare the same null and void.
6. BE further enacted, That it shall be the duty
of the board of public works Of Virginia, and they