The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-11
SALE OF THE PORTSMOUTH AND
ROANOKE BAILROAD, BY PUBLIC
AUCTION.

the lOth day Of April last, given their assent to
sale of the said railroad according to the provisions
Of the "Act directing the board OF public works to
sell the Portsmouth and Roanoke Railroad, and in
cooperating the purchasers thereof by the name of
the Seaboard and Portsmouth Railroad" passed
February 9th, 1886, copy Of which Is hero sub
ioir ed public notice Is hereby given TO all whom II
may concern that the president and directors ofhe
board Of public wsrks will, by their agent, proceed
on FRIDAY, the 4lh day Of SEPTEMBER
NEXT, at ~ O'Clock, before the courthouse OF
Norfolk county in the town Of Portsmouth, TO sell
by public auction, on the terms, limitations, and pro-
visions forth in said act call the estate, proper
ty and effects of every nature and kind whatsoever
and wheresoeyer situated or being embraced by the
mortgages executed by the Portsmouth and Roam
oke Railroad Company 10 the president and diree-
tors Of the board Of public works." particularly
specified n the said act.
Such title only will be conveyed TO the purchaser
as the Commonwealth has TO the said road, proper
erty, &c.
By order Of the president and directors Of hs board Of
pubic V0rks:
- j. BROWN, jr., ID Auditor.
MEMO.-The portion Of this road which lies Ia
North Carolina is claimed adversely TO the mort
ages Of the board Of public works by persons who
profess 10 hold il under the laws Of North Carolina
IL il 10 be understood that the title TO such portion Is
to be adiudcared according to the laws and by the
courts of that State, and must be taken al the pur
chsser's own hazard. J. b jr., I'd Aud.
I'd auditors Office, July Sd 1916.
The following is a copy Of the act referred to in
he foregoing notice:
Guar. Ils.-AN ACT directing the board of pub
lie work to sell the Portsmouth and Roanoke
railroads, and incorporating the purchasers thsreo
by the name Of the Seaboard and Portsmouth
railroad
Passed February q, 1886
|. Be Il enacted, That soon as the stock
holders of the "Portsmouth and Roanoke Rail
road Company" or majority thereof m
anv general meeting special meeting convened
for such purpose, shall give Their assent 10
sale Of the Portsmouth and Roanoke rail.
road under the mortgages, and on the terms and
conditors hereinafter forth, the president and d.
reotors Of the board Of public works shall sell all the
estate, property, and effects, OF every nature and
kind whatsoever, and wheresoeyer situated or 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 thirty-eght, recorded IN the
clerks Office of Norfolk county court and the sec
ond dated the fourteenth day Of October, eighteen
hundred and thiry-niue, recorded m the county
court of Halifax, in the Stale Of North Carolina,
together with all the franchises, rights, privilege
and immunIties, belonging or appertaInlng to ht
Portsmouth and Roanoke Railroad Company, ~
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, pays-
BILE in six equal annual nstalments. The purchasers
ipso ucio by the purchase, shall bscomea body polite
and corporate by the name and style Of "Ihe Sea
board and Roanoke Railroad Company" and shall
hold, use, enjoy, and employ the road and all the
and. aofey nd
as aforesaid Of the present company, with all the
franchises, rights privileges, and immunitles grant
ed to and conferred upon II, al any time heretofore
by this State and the State of North Carolina, in as
ample manner the legislature Of this 5 ate can
transfer them, sabject in all respects, and IN every
thing to all the duues regulations, and penalties re-
quired, prescribed and enjoyed by any law or laws
now in force respecting the present company, and
subject TO toe provisions Of the act OF the general
assembly, iIed An act prescribing certain gen.
raj reguall iUr i' incorporation OF railroad com.
JAMES," pa ,-ad Ma, IL eleventh, eighteen hundred
and InC said sale to be subject 10 all
mortgages and deeds Of trust executed by the
Portsmouth and Roanoke Railroad Company and
The claims OF any other creditors ega,y enuued 10
priority over the mortgages aforesaid, to the presI-
dent and directors Of the board of public works
aforesaid.
g That the nett proceeds of said sale shall be APP
oiled under the direction of the superior court OF
chancery for the Richmond circuit, IN the SUIT now
pending in said court between Francis +. Rves and
the board of lublic works and others, according to
the legal priorities Of the claims OF the board OF
public works under the said mortgages of May the
fourth eighteen hundred and thrty-eIght and Octo-
her 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 priority
over the said claim of the board of public works
And if any suit 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 in which the president and directors
of the board of public works are or may be a ne
cessary party the shall be transferred by the
court in which such SUIT may be pending 10 the su-
perior court Of chancery for the Richmond circuit,
10 be there proceeded in and decided Propided hour
epsr, That any party to any such suit or suits who
NAV think himself or themselves aggreved by any
decree OF SAID court, shall be entitled to apply for
and if proper, to obtain supersedeas from the
Of appeals such decree, precisely in any other
case decided by the said circuit superior court OF
chancery for the Richmond circuit.
g. 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 trnay be necessary in its
conduct, or to institute and carry any suit
suits, to It's or their final completion and satisfac-
ton.
A. BE It. further enacted, That the sale Of said road
shall be made by the board OF public works in all
respects, mot herelnbefore provided for,) provd
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 they
shall think the value thereof
S. BE IL 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 con-
pany incorporated in said state for purposes of in
iernal Improvement, shall become the owner, either
directly 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 act of legislature or
otherwise, to revoke all the powers privileges aud
mmunties to be conveyed by the sale of said road
and to declare the same null and void.
6. BE il further enacted That it shall be the duty
of the board of public works Of Virginia, and they
are hereby required, 80 TO regulate, from time to
time, the fare for passengers each railroad be-
tween Weldon and Portsmouth, and between Wei