The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-01

SALE OF THE
PORTSMOUTH & ROANOKE
RAIE ROAD
by PUBLIC AUCTION.
Sssa sas9 60 f7 3D. Sd
The Stockholders of the Portsmouth and Roanoke
Kan Road Company, having at special meeting
convened in the Town of Portsmouth, ON the 10th
day OF April last, given their TO sale of the
SAID kai Road, according to the provisions OF the
" Act directing The Board Of Public Works 10 sell he
Portsmouth and Roanoke Rail Road, and incorpora-
hng ne pur ehasers Thereof by the of the SeaJoard
and Portsmouth, Rail Road, "-passco FEBRUARY 27ih
1916, copy of which is hereto subjoned, -Public
Notice Is hereby given to all whom it may concern
that the President and Directors of the Beard Of
Public Works will, by their agent, proceed ON
FRIDAY, the 4th day of September next, at u
O'CLOCK before the Court House Of Norfolk county,
IN the Town OF Portsmouth. to sell by public auc'
ton ON the terms, limitations, and provisions act
forth In said act, all the estate pi operty and Ell
| fects of every neture and kind whatsoever and
wheresoevcr situated being, embraced bv the
mortgages executed by the Portsmouth and Ro-
2 m kali Road Company to the President and
Directors of the Board of Public Works" pariicu.
| larry specified in the said act
Such title only will be conveyed to the purchaser
as '9e commonwealth has to the said road, prnper-
BY ORDER OFTHE PRESIDENT & DIRECTORs
Of The Board of Public JVorks:
j. BROWN, Jr.. I'd Auditor
IbFmO - ne portion oil this road which Ii G in
North Carolina ia 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-
lima. IL is tn be understood that the tNe IN .rcb
portion is to be adjudicated according TO the /, ws
and by the Courts of that State. and must be taken
| at the purchasers own hazard.
J. b. Jr., I'd Aud.
I'd Auditors Office, July Sd, 1876 - '''
The following is copy of the act referred to in
the foregoing notice:-
CHAP. lJS.-An ACT di-octinp the Road ,r p,,h
lie Works to sell the Portsmouth, and Roanoke
Haiiroad and incorporating the purchasers there
oil by the name of the Seaboard and Portsmouth
Rail Road.
Passed February 81, 1916
~. DE ~ enacted hat 80 soon as the stockholders
| oil the !" Portsmouth and Roanoke Rail Road Com
pany, or majority thereof, in any gene raj meet
ing or special u Getting convened for such purpose
shall give their assent a sale of the snoutb
ana Roanoke Rail Road, nnoer the mort cages and
on inc terms and conditions hereinafter set forth
the President and Directors of the Board Of Public
Works shall sell all the property md effects
"i every nature and kind whatsoever. and whcrcso-
ever situated or being embraced by the mortga pcs
executed by the Portsmouth and Roanoke Rail
hoan Company to the President and Directors of
.ne BOARD OF Public Works aforesaid; tho first da.
| tea the fourth day Of May. eighteen hundred and
tnrty eight recorded in the Clerks Office of Nor
folk County Court and the second dated the four
.cen!n 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 immuuities
ncioh0lng or aDpertainlng to the Portsmouth and
Roanoke Rail Road Company, well in Virginia
rs In North Carolina, upon the following terms
me sale TO be at public auction. before the Court
House of Norfolk County. in the town of Ports
mouth alter sixty days notice of the time nd place
by advertisement in such newspapers as the Prcsi.
dent and Directors Of the Board of Public Works
may select, the purchasers to give bonds with an.
prnved security to the President and Directors IF
the Board of Public Works. for the proceeds oav.
ao'e IN SIX equal annual insta:ncnts The our.
chasers ipSo facto by the purchase, shall become
corporate, ne nan md Wiz
| Of Tho Seaboard and Roanoke Rail Road Comma
| n.y.; and shall hold, use enjoy and employ the
hoah ana all the other property and effects of eve
nv nature and kind, "a aforesaid of the present
Company, with all the franchises rights privileges
ana immunitles granted to and conferred upon il,
AZ any time heretofore by this State and the State
OF North Carolina in ample a manner as the lie
gisature of this State can transfer them subject
IN all respects, and in every thing, to all the du
tleS regulations and penalties required, prescribed
and enjoyed by any law or laws now in force re-
spectng the present Company, a nd subject to the
provisions of the Act of the General Assembly en-
tltled " an Act prescribing certain gene raj reou.
iauons Tor the incorporation of Railroad Compa-
MES" passed March eleventh. eighteen hundred
and thirty seven The said sale to be subject to all
mortgages and deeds OF trust executed bv the
Portsmouth and Roanoke Rail Road Company and
the claims of any other creditors legally entitled 60
priority over the mortgages aforesaid to the Prcsi
dent and Directors of the Board of Public Works
Aforesaid.
3 That the nett proceeds of said sale shall be ap
nied' under the direction of the Superior Court of
Chancery Tor the Richmond circuit in the suit now
pending in said Court between Francis F. Rives
and the Board of Public Works and others accord
ing to the legal prorties of the claims of the Board
OF Pnolc Works under the said mortgages of Ma ~
me iourth, eighteen hundred and thirty eight and
October the fourteenth, eighteen hundred md thir
ty-nlne and OF the claims of other creditors of
the Portsmouth and Roanoke Rail Road Company
VINO shall In said suit establish their right to pri
orlty over the said claim of the Boa d of Public
Works. And if any suit or suits in chancerv he
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
co,hfnonweaith, against the Portsmouth and Roa.
nokc Rail Road Company, in which the President
ana Directors OF the Board of Public Works are or
may be necessary party, the same shall be trans
cr'ea oy the Court In which such suit may be
penang, 70 the Superior Court Of Chanccry fer the
Richmond Circuit, to be there proceeded i'm and de-
c ded ProUided holUeuT, That anv party to an q
such SUIT or suits who may think himself or them.
serves aggfleved by any decree of said Court sha
De entitled to apply Tor, and if proper to Obtain
supTSededs from the court of appeals To such de-
cree, precisely as IN any other case decided by the
said Circuit Superior Court of Chauccry for the
Richmond circuit
3. The corporate existence Of the Dartmouth, =
Roanoke Rail Road Company notwitbstand o anv
sale that may he made under this act sha IL be con-
tnued so lar as 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 satisCac
ton.
4. Be itftvther enacted, That the sale of said Road
shaI be made by the Board of Public Works in all
respects mot herein before provided for as pro.
Vldcd IN the general law passed the eighteenth de v
OF March, eighteen hundred and forty one; and
the sail Board shall bid for the Road such price ,s
they shall think the value thereof
D: ne az further enacted, That if at the sale of the
said PORTSMOUTH and Roanoke Rail Road, or at any
time thereafter the State of North Carolina or anv
company incorporated in said State for purposes 81
internal improvement, shall become the owner
eliGer, directly or by agent or otherwise, of the