The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-07-14

that the President and Directors of thu, BOARD of
Pubic works Will. by their agent, proceed ON
FRIDAY, the 4th day Of September next at -
O'Clock h' lore the Court House OF MOI folk county
IN inc iown oil portSmouth, to sell by public auc.
uon. on 'hc TERMS limitations and provisions get
firth in said act, all the estate property ana ei
fects OF every n'tur" and kind Whatsoever, and
whetesoever situated or being, embraced by the
inorf"agcc executed by the Portsmouth and Ro-
Directors of the Boa rd of Pubic Wcrts ,, n,;,'
larry specified in the said act
sucn ute only VIII he conveyed to the purchase,
a., as 'Re commonwealth has TO the said road, proper.
BY oR0ER OFTHE PR ESIDENT & DIRECTORS
Of he Board of Public IIorks:
,,,,o j. BROWN, Jr., I'd Auditor
MEMO The PORTION of this road which |; j.,
North Carolina Is claimed adversely To The w.,
cages OF the Board of Public Works, nv persnns
portion is to be atjudcated ACCORDING 10 tho iaws
and by the Courts Of that State. aud must be takon
mt the purchasers own hazard.
J. r.. Jr.. I'd Aud.
The following is copy of the act reEerrcd 20 g,
the foregoing notice.
CHAR ilS.SAn ACT Directing the Bo,r1 of p,t.
Ilc Works to sell the Portsmouth and Roanoke
Railroad and incor pora'ing the purchaser there
of by the name of the Seaboard and Portsmouth
Rail Road
Passed February 81 1907
t.. ne ~ enacted, That so soon as the stockholders
OF the -" Portsmouth and Roanoke Rail Road Com.
Pany, or majority thereof, in gene raj meet
ing. or special u Getting convened for such purpose
shall give their assent to sale of the Portsmouth
and Roanoke Rail Read, under the mort oaucs ami
on the terms and conditions hereinafter set forth
the President and Directors of the Bard ot Prhl;c
snati sell al, the estate, property and effects
I" every nature and kind what and wher So
ever situated or being, embraced by the mortgaocs
executed by the Portsmouth and Roanoke Rail
knad Commonly to the President aud Directors of
the board OF Public Works fore%aid. the frst do
ted the fourth dav Of May. eighteen hundred and
tn,rtv eight recorded in the Clerks Office of Nor
to'k County Court, and the second dated the f,nr
teenth day of October, eighteen hundred and mir
~ nine: recorded in the County Court of Halifax,
IN the State of North Carolina, together with eli
the franchises, rights privileges and immunitics
nciohglng or appertaining to the Portsmouth and
Roanoke Rail Road Company, a well in Viry;,.;a
as in North Carol m. upon the G,lInyin, to go"
the sale tn be at public auction bef,re tho C,m,t
Houac oil NoTfnlk County in the town of Ports.
mourn alter sixty days notice of the time nd nacc
by adver tsement in such newspapers as tho pcs
dent and Directors of the Board of Public Works
may select, the purchasers to give bands with an
proved security to the President and DircctoS p Re
the Board of Public Work., for the nrocneds 80
ape ape IN SIX equal annual instal;ncnts The pur.
Shasers ,pSo Jdcto by the purchase shall become
BODY politc and corpmatc by the name and styIs
ct The Scaboard and Roanoke Rail Road Como.
nv; and shall hold, use, cpj,y and employ tho
Road and all tho other property and effects NJ eve
~ nature and kind, "a aforesaid of the present
Company, with all the franchises ri1b,s nrini,
ana iininunties granted to AMI conferred ,non IL
NJ any ,'mc heretofore oy this State and the state
OF Sorth carolina, in rs ample manner IA the lie
g'siature of this State can transfer them subicct
IN all respects, and in every thing to ali the 5l,
ties. regulations and penalties Iequircd prescribed
anu cnJoytu py any law laws m forcr
spec"nS 'he present Company, and subject to the
provisions "t the Act of the General Assembly en-
,lticd =" an Act prescribing certain general rcgu
latons Tor the Incorporation of Railroad Con1oa
MES" passed March eleventh. eighteen bnnJ,ed
and thirty seven. The said sale 10 be subicci IN al
mortgages and deeds of trus, executc3 h., ~
Portsmouth and Roanoke Rail Road Co,nnany III
the claims of any other creditors legally cniisJ ~
priority over the mortgages aforesaid to the Prcsi
aforesaid. '' ""'"s
That the nett proceeds of said sale shall be ap
pied, under the direction of the Superior Court IF
Chanccry for the Richmond circuit in The ami, 800
p nding n said Court between Francis II RI.
and the Board of Public Works and Others. ncrord |
ing 70 the legal prIoritirs of the claims of tho
OF pub'c Works under the said mortga rcs of Ma y
the fourth eighteen hundred and thirtv.right md
October the fourteenth, eighteen bnndJed - az;
ty-nine, and of the claims of any Other credto.
the Portsmouth aud Roanoke Rail Road CnmnayD
VINO snail IN SAID suit tabli%h their ri@ht To- nr
ority over the said claim of the Board of puhi;c |
Works. And if any suit or suits in chancerr no |
now pending shall he. hereafter brouoht in INV,
Cbc w" uit superior Courts Of Law and |
N,hanc'r y' or IN any of the County Courts of hi.
common wealth, AGAINST the Portsmouth, ard pna
nnke M hniI Road Company, in which the President
ana directors OF the Board of Public Works are or
may pr " necessary party. the same shall he ,ror,
fcrred by the Court in which such sut ,,o.1, Lo !
pending, to the Superior Court of Chanccrv G,y ,
Ric mond Circuit to he there pIocceJcG ~ ~. Tue I
c ded ProUidfd hotosUtr, That anv nartv 10 49,,
snGn snit or suits, who may think himself or then.
selves agglcvcd by any decree of sad Court sbau
b" entitlcd to apply for. and if proper to nbiaI
supTSededs from the curt of a3peals to sucb de-
DIS IN dnV other decided nv ,Io
Richmond circuit i'' inc
-, .. The corporate existence ofthe Portsmouth and
Roanoke Rail Road Company notyvithsta nd;nor 49,,
sale that may be made nndtr this act sb,I he 10y
unueh so lar rs it may be necessary in lis name en-
conduct, or to institute and carry ON anv smit ~
ton. ~ ''''''
a. BE htieih'r enacted That the sale of said Road
sha'' nc made by the Board of Public Works i'm nj
respects. (not herein before provided for as nro
Vf"ra III the general law passed the eighteenth diy
0 o. niarG3, eighteen hundred and forty-one; and
the sa Board shall bid for the Road such nrice "a
they shall think til" value thereof
.; Be further Enacted That if nj the sale Of the
sald PORTSMOUTH and Roanoke Rail Road or al ,nv
u'ne thereafter the State of North Cnrolina or an
company Incorporated in said State for purposcs ~
an ;,t Improvement. shall become the owner
cither, directly or by agent or Otherwise of tI,c
SAN rof tsnouth and Roanoke Rail Road hcrebv
aulho,1ed 10 b. sold, Of the said Scaboa rd and
ROANOKE haiI Road, the General Assembly of viz
i.;l .oeoy reserves the right by special act Of
Iegls,ature or otherwise, to revoke all che powers
~ 'i''ssc? "nn lininnnties 10 be conveyed by the
void. " '''o VIC same nun ahh
g; BE hfg'aeS enacted. That it shall be the dntv
OF the Board of Public Works of VIRGINIA and ~
are hereby required. to regulate, from time ~
time the fare for passengers on each Rail RoaJ ~
t"een ', eIaon and Portsm nth. and between Wei
"on ana Fetersbure, to prevent an iuiurious
competition by reducing tho fare on. or by ci,6os
ei the SAD Roads, either by direct levvin of sucb
rare or oY any combination or arrauoe,1cnt viii
any other Rail Road or STA 90 Inc or ith M T yi
OF ateain5psis on the Chesabcake Bay for such 70
y! 'arc; and in reference TO the fact of such
S. On w, or any injurious reduction Of fare a.
aIpresain inc Board of Public Works shall be the
siSJJ ana their order shall be obligatory on
eeI,pcr or o0th OF he sud coinranics prog;Jed
The Stockholders Of the Pctersburg Raj P g
pay -, IN general meeting. agree TO this section
Be itJWWer enacted That in c ,ae tbc author
YES o, 'ne state OF North Carolina sb al AT anv
ume, ny iGgs, process Or otherwise deprive the Pc
!crsouI h9 van Road Comoany Of any of the privi
S9Cs a'u a'Vant ges OF its charter obtained from
mat state, py any act heretofore done or omitted
to be done by The said Petersburg Rail Road Com
pany, or by ally means whatsoever nrcvcnt rho
aforesaid Petersburg Rail Road COMPANY from, con-
duc.ing their operations so much of Ill -