The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-04
SALE OF THE PORTSMOUTH AND
ROANOKE BAILRoAD, BY PUBLIC
AUCTION.


Of the "Act directing the board Of Pubiic works TO
sell the Portsmouth and Roanoke Railroad, and IN
cooperating the purchasers thereof by the name of
the Sesboard and Portsmouth Railroad" passed
February 9th, 1896, a copy OF which Is here sub
may concern, that the president and directors ofthe
board Of public works will by their agent, proceed
on FRIDAY, the 4th day Of SEPTEMBER
NEXT, al 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 sail the estate proper
w. and effects Of every nature and kind whatsoever,
and wheresoeyer situated or beng, embraced by the
mortgages executed by the Portsmouth and Roam
oke Railroad Company 70 the president and direc-
tors Of the board Of public works." particularly
Such tide only win be conveyed to The purchaser
as the Commonwealth has to the said road, proper
sry, &c. ,.. .... ..-..s
BY order 0f The President and directors Of the board d
P' "'', j. BROWN, IT,, % Auditor.
MEMo:-The portion Of this road which lies IN
North Carolina Is claimed adversely 10 the mort
ages Of the board ofpubllc works by persons who
profess TO hold il under the laws OF North Carolina
tits 10 be understood that the title 10 such portion 10
to be sdudieaisd according 70 the laws and by the
courts OF that STATE and must be taken at the pur-
chasers own hazard. y ,Jr.i I'd Aud
I'd auditors Office, July Sd 1916
The following Is copy OF the act referred to IN
he foregoing nonee;
CHAr. lls-AN ACT directing the board Of pull
lie work to sell the Portsmouth and Roanoke
railroads, and Incorporating the purchasers thereo
by the name Of che Seaboard and Portsmouth
railroad. .t F..
Passed February "a, 1886
l. Re II enacted, That so soon the stock
holders Of the Portsmouth and Roanoke Rail
road Company" or majority thereof IN
any general meeting or special meeting convened
for such purpose, shall give their assent To a
sale Of the Portsmouth and Roanoke rail
road, under the mortgages, and on the terms and
conditions hereinafter SET forth, the president and d.
rectors Of the board OF public works shall sell all the
estate property, and effects, OF every nature and
kiad whatsoever, and wheresoeyer situated or be-
ing, embraced by the mortgages executed by the
portsmouth and Roanoke Railroad Company 70 the
president and directors Of the board OF puole works
'oresaid; the first dated the fourth dsy Of May,
-lyhteen hundred and thirty eight, recorded IN the
clerks Office Of Norfolk county court and the sc
ond dated the fourteenth day OF October, eighteen
hundred and thiry-nlne, recorded 10 The county
court Of Halifax, in the State OF North Caroline,
together with all the franchises, rights, privileges,
and immunities, belonging or appertaining TO the
Portsmouth and Roanoke Railroad Company, as
well in Virginia in North Carolina, upon the fol-
lowing terms the sale 10 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 Of
the board of public works, for the proceeds, paya-
BILE in six equal annual nstalmenu. The PURCHASERS
Jaete by the purchase shall become body polite
and corporate by the name and style Of 'The 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,
of ,ha ,,res ny vii all he
franchises, rights privileges, and immunities 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 Safe can
transfer them, subject IN all respects, and In every
thing, all the duties regulations, and penalties re-
1uiIed prescribed ana enIoyod ny any Jaw or laws
now in force respecting the present company, and
subject 10 l. prov ions of the act of the general
assembly, lied An act prescribing certain gen
cra re-,ilat 81 for tx incorporation of railroad COM
panes7n pass ID Ma h eleventh eighteen hundred
and tbrty-s.yen The said sale 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 aioressie, ne Presl-
dent and directors Of the board of public works
aforesaid. ...... ,
9 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 E. Rves and
the legal priorities OF the claims Of the board OF
public works under the said mortgages Of May the
fourth, eighteen hundred and thirty eight 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 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,
,rfa of hia
wealth, against the Portsmouth and Roanoke rail-
road company, in which the president and directors
of the board of public works are or may besa ne
cessary party the same shall be transferred by the
court in which such suit may be pending, to the ST.
perior court Of chancery for the Richmond circuit,
to be there proceeded in and decided: Provided hoo.
eper, That any party to any such suit or suns, who
may think himself or themselves aggrieved by any
decree OF said court shall be entitled to apply for,
and if proper, to obtain stperssdsas from the court
of appeals such decree, precisely in any other
case decided by the said circuit superior court OF
chancery for the Richmond circuit ., .-s.
g. The corporate existence Of the Portsmouth
and Roanoke railroad company, Notwithstanding
any sale that may be made under this act, shall be
continued far il may be necessary in its name
to conduct or to institute and carry on any suit or
suits, to its or their final completion and satsfac-
sion. r,.,H a.' =
a. BE IL further enacted, That the sale of said road
shall be made by the board of public works in al
TespeCts (uot Hoichiociotc ~ os PtoNiu
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 as they
shall think the value thereof ~.
S. Be further enacted, That II at the sale OF said
Portsmouth and Roanoke railroad, or At any time
thereafter, the state of North Carolina, any com
pany incorporated in said state for purposes Of in
ieraal Improvement shall become the owner, either
directly or by agent or otherwise of the said Ports
mouth and Roanoke railroad, hereby authorized "a
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 OF
otherwise, to revoke all the powers, privileges, and
mmunities, to be conveyed by the sale Of said road
and to declare the same null and void.
6. Be 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 on each railroad be-
tween Weldon and Portsmouth, and between Wei
don and Petersburg, to prevent an injurious com
,atton by reducing the fare on or hy either of the