The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-15
SALE OF THE
PORTSMOUTH & ROANOKE
RAIL ROAD
RY PVTRIUC AUrrvU,A~
.sss-s ;s $3.50 sssss5s CO. h=l


Public Works will, by their agent procced an
FRIDAY, the 4th day of September next. at ID
o'clock before the Court House OF Nor folk county,
IN the Town oil Portsmouth, to sell by public auc.
ton, on the terms, limitations, and provisions sol
firth in said act, all the estate, property and Ell
fects of every nature and kind 'whatsocvcr ~
whercsoevcr situated being, embraced bv tho
mortgages executed by the Portsmouth and Ro.
anoke Rail Road Company to the President and
directors of the Board of Public Works" particu-
larly specified in the said act
Such title only will be conveyed to the purchaser
as the Commonwealth has to the said road proper
BY ORDER OFTHE PR RESIDENT & DIRECTORS
Of The Board Of Public Works:
j. BROWN, Jr., Cd Auditor
MEMO The portion of this road which II y. in
North Carolina is claimed adversely to the mort
cages OF the Board of Public Works by persons
Ina IL Is to be understood that the title 10 such
portion Is to be adjudicaed according to the laws
ana ny the Courts OF that State aud must be ia ken
atthc purchasers own hoztrd.
o. ,;. j: b. Jr., I'd Aud.
The following is copy of the act referred IN il,
the foregoing notice -
CHAT. llS.--An ACT directing the Board of Pub
nc w orks to sell the Portsmouth and Roanoke
railroad, and Incorporating the purchasers there
OF ty the name of the Scaboard and Portsmouth
Rail Road.
Passed February 81, 1916
]. Be IL enacted, That so soon as the stockbodcrs
oil the " Portsmouth and Roanoke Rail Road Com
pany, or majority thereof, in any gene raj meet
ing; or special IL Getting convened for such purpose
shall give their assent to a sale of the Portsmouth,
and Roapokc Rail Read, under the mortgages and
on the terms and conditions hereinafter set forth
tnc PRESIDENT and Directors of the Board OF Public
Works shall sell all the estate, property and effects
al every nature and kind whatsoever, aud whcr so.
ever situated or being, embraced 10y the mortgages
executed by the Portsmouth aud Roanoke Rail
noau Conpany TO the President and Directors of
the board OF Public Works aforesaid; the first do .
ted the fourth day Of May eighteen hundred and
thirty eight, recorded in the Clerks Office of Nor
toik County Court, aud the second dated the four
tccnih day OF October, eighteen hundred and thir-
~ nine: recorded in the County.Court CT Halifax
IN the State of North Carolina together with ali
inc franchises, rights, privileges and immunitics
hcIonglng or appertanng to the Portsmouth and
rs In NORTH Carolna, upon the following terms
the sale to be at public auction before he Court
House OF Norfolk County. in the town of Ports.
mouth, alter sixty days notice of the time nd place
by advertisement i'll such newspapers IA the Presi
dent and Directors of the Board of Public Works
may select, the purchasers 10 give bonds with APP
proved security to the President and Directors of
the Board of Public Works, for the proc eeds nav
able IN SIX equal annual instal:nents The pur.
chasers ipso facto by the purchase, shall become
BODY polltlc and corporate, by the name and style
OF The Seaboard and Roanoke Rail Road Compa-
ny;" and shall hold, use, enjoy and employ the
ry nature and kind as aforesaid. of the nrcsent
Company, with all the franchises, rights privileges
and lmnunities granted to and conferred upon il ,
at any time heretofore by this State and the State
OF North Carolina, in ample manner as the le
gisature of this State can transfer them subiecA
IN All respects, and IN every thing, to all the du
ties regulations and penalties required, prescribed
and enjoyed by any law laws now in force re-
speeding the present Company, and subject to the
provisions of the Act of the General AsscncbIv on
titlcd " an Act prescribing certain gene raj rcgu.
latons for the incorporation of Railroad Curnoa-
MES, passed March eleventh. eli ghteen hundred
and thirty seven The said sale be subject to all
mortgages and deeds os trust executed bv tho
Portsmouth and Roanoke Rail Road Company and
the claims OF any other creditors legally entitled to
priority over the mortgages aforesaid 10 the Prcsi
dent and Directors Of the Board of Public Works
Aforesaid.
3 That the nett proceeds of said sale shall be q,
piled, under the direction of The Superior Court Of
Chanccry for the Richmond circuit in the suit now
pending in said Court between Francis E. Rives
and the Board Of Public Works and Others accord.
ing to the legal prlortics of the claims Of the Board
OF Public Works under the said mortga yes of Nav
the fourth, cightceu hundred and thirty eight and
october the fourteenth, eighteen hundred and tbr.
ynine, and of the claims Of any other creditors of
the Portsmouth and Roanoke Rail Road Compsnv
VINO shai' IN said suit est abi=h their right pri
ority over the said claim OF the Board of Public
Works. And if any suit or suits in chancery be
now pending, or shall be 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.
noke Rail Road Company, in which the President
and Directors Of the Board of Public Works arc or
may be necessary party, the same sha he trans.
fcrred by the Court in which such suit NAV he
pending to tho Superior Court Of Chaucery fer the
R'c' mond Circuit, TO be there proceeded in ana dc
cided Prorided howeuer, That any party to an1
such suit or suits, who may think himself or heIG-
seVe5 aggfIcVeh oy any decree of said Court shall
be entitled to apply for, and if proper 10 Obtain
supTsededs from the court of appeals to such de.
precisely as in any other case decided bv the
said Circuit Superior Court of Chanccry for the
Richmond circuit.
3. The corporate existence of the Port.rnoutb nd
Roanoke Rail Road Company, Notwithstanding apv
sale that may be made under this act shall bc con.
tnucd SO far rs may be necessary in its name to
conduct, to institute and carry on any suit or
su's, to it's or their final completion and satisfac
ton.
T. Be further enacted, That the sale Of said Road
shall be made by the Board of Public Work in n II
respects, (not herein before provided for J. as pro
vidcd in the general law passed the eighteenth dc
Of March, eighteen hundred and fortv.ons and
the sail Board shall bid for the Road such price as
they shall think the value thereof
g. BE IL 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 any
company incorporated in said State for purposes o.
internal improvement shall become the owner
either, directly or by agent or other wise of the
said Portsmouth and Roanoke Rail Road hereby
Roanoke Rail Road the General Assembly of viz
ginia hereby the right, by special act OF
legislature or otherwise, to revoke all the movers
privileges and mmunites 10 be convened by the
sale Of said Road md to declare the same null and
void.
6. BE further enacted, That Il shall he the duty
of the Board Of Public Works Of Virginia and they
arc hereby required, so TO regulate, from time Il
time, the fare for passengers on each Rail Road be-
tween Weldon and Portsmouth, and between Wei
don and Petersburg, az to prevent injurious
competition by reducing the fare on, or by citbct
OF the said Roads either by direct levying OF sucl
| fare or by my combination or arrangement will
any other Rail Road or Stage line, with any lin
OF steam boats the Chessbeake Bay for such re
4 ductiOp 81 fare. IN -,