The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-09-03
SALE OF THE
&
RAIL ROAD
BY PUBLIC AUCTION.
So rSTg G5s6a. @

BY FUBLlC AUCTION.
800 800 gssl f7aAa st
The Stockholders of the PortsInout h and Roanoke
Rail Road Company. having at a special meeting
convened in the Town of Portsmouth on the 10Th
Gay OF aprli iast' given their assent TO a sale of the
:. Act directing the Board Of Pu6ic Works 10 sell Tho
Portsmouth, and Roanoke Rail Road, and incorpora.
ting 0e purchasers thereof BY the rsoesae of the Seagonrd
and Portsmouth Rail Road, S-passed February 9th
1876, a copy Of which is hereto subioined. -Publ;c
Notcc Is hereby given to all whom it may concern,
that the President and Directors of the Board of
Public Works will, by their aren't nroroed nn,
the 4th day of September next. at ID
o'clock, before the Court House OF Nor folk coanty,
in the Town of Portsmouth, to sell nv nubI;c 60
ton, on the terms, limitations, and proyisions st
forth in said act, &c all the estate, property. and ~.
fects of every nature and kind whatsoevcr. and
wheiesoever situated or being, embraced bv the
mortgages executed by the Portsmouth and Ro.
anoke Rail Road Company to the President. and
Directors of the Board of Public Works" particu.
larry specified in the said act.
Such title only will he conveyed to the purchaser
as the Commonwealth has to the said road, proper
BY ORDER OFTHEPREsIDENT &
Of he Board Of Pubiic Works:
j. BROWN, Jr., I'd Auditor.
MEMO The portion of this road which lies in
North Carolina Is claimed adversely to the mort
cages of the Board of Public Works, by persons,
who profess to hol6 it under the laws of North Caro-
ma: ~ to be understood that the title to such
~ piSotC' % n la W.
and by the Courts of that State. and must be taken
at the purchasers own hazard.
j. r. Jr., Cd Aud.
The following is a copy of the act referred to in
the foregoing notice:-
CHAP. llS.-An ACT dircctine Tho Roard Of Phi.
lie Works to sell the Portsmouth and Roanoke
Railroad, and Incorporating the purchasers there.
OF by the name of the Seaboard and Portsmouth
Rail Road.
Passed February OF, 1916
q ] Be- al enacted, That so soon as the stockholders
oil the " Portsmouth and Roanoke Rail Road Com
pany," or a majority thereof, in any gener raj meet.
ing. or special ~ Getting convened for such purpose.
snail 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,
tue president and Directors of the Board OF Public
Works shall sell all the estate, property and effect,
ofevery nature and kind whatsoever, and whercso.
ever situated or being, embraced by the mortgages
executed by the Portsmouth and Roanoke Rail
Road Company 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
folk County Court. and the second dated the four
tcenth day of October, eighteen.bundre and tbir.
ty nine, recorded in the Countv.Court of Halifax,
IN the State of North Carolina, together with ali
the ire nchises, rights, privileges and immunities,
belonging or appertaining to the Portsmouth and
Roanoke Kall Road Company. as well in Virginia
as In North Carolina, upon the following terms
the sale to be at public auction, before the Court
House OF Norfolk County, in the town of Ports.
mouth, after sixty days notice of the time and place
by advertisement in such newspapers as the Presi
dent and Directors of the Board of Public Works
may select, the purchasers to give bonds with an.
proved security TO the President and Directors of
the Board oil Public Works., for the proceeds, paw
able IN SIX equal annual instruments. The pur-
chasers ipsof acfo by the purchase, shall become n
Dooy pohtlc and corporate, by the name aud style
OF 1.-The Seaboard and Roanoke Rail Road Compa-
ny; and shall hold, use, enjoy aud employ the
Road and all the other property and effects of eve
y nature and KIND, as Aforesaid, of the present
COmDanV. with all the fra nchises r;rb,, n-;,;l.-a.
and immunities granted to and conferred upon it,
at any time heretofore by this State and the State
oil North Carolina, in as ample a manner as the lie
glsiature OF this State. can transfer them, subject
In all respects, and in every thing, to ali the du
ties. regulations and penalties required, prescribed
and enjoyed by any law or laws now i'm force re-
spectlng the present Company, and subject to the
provisions of the Act of the General Assembly, en-.
titled " an Act prescribing certain general reeu.
latnons for the incorporation of Railroad Gonna
Mes passed March eleventh, eighteen bundled
and thirty-scveu. The said sale to be subject to all
mortgages and deeds of trust executed by the
Portsmouth and Roanoke Rail Road COMPANY. and
the claims of any other creditors legally entitled 10
priority over the mortgages aforesaid TO the Prcsi.
dent and Directors of the Board of Public Works
aforesaid.
2. That the nett proceeds of said sale shall be an
piled, under the direction of the Superior Court Of
Chancery for the Richmond circuit, in the suit now
pending in said Court between Francis +. Rives
and the Board of Public Works and Others. accord
ing to the legal prIorities of the claims of the Board
OF Public Works under the said mortgages of May
w - tiGbiCcu uuuuTtu anu thirty -ciUht. and
October the fourteenth, eighteen hundred and thir.
ty~niue, and of the claims ofany other creditors of
the Portsmouth and Roanoke Rail Road Company,
who shall In said suit establish their right to a Dri.
GRITTY over the said claim of the Board of Public
Works. And il any suit or suits in chancerv be
now pending, 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
commonwealth, against the Portsmouth and Roa.
noSe KAN Road Company, in which the President
and Directors of the Board of Public Works are ar
may De q necessary party, the Saune sha IL be are
ferred by the Court in which such suit NAV he
pending, to the Superior Court of Chanccry fer the
hlchmond circuit, TO be there proceeded i'm ana dc.
cided Prorided ho,oeUer, That any party In ono
such suit or suits, who may think himself or thoG-
selves aggrieved by any decree of said Court, shall
be entitled to apply for, and il proper, to obtain a
super sededs from the court of appeals to such de.
cree, precisely as in any other case decided bv the
said Circuit. Superior Court Of Chancery for the
3. The corporate existence of the Portsmouth and
Roanoke Rail Road Company, Notwithstanding any
sale that may be made under this act, shall be con.
tlnucd so far as II may be necessary in its name to
conduct, or to institute and carry ON any suit or
suits, to it's or their fnaldcompletion and satisfac-
ton.
d.. Be IL further enacted, That the sale If said Road
shall be made by the Board of Public Works i'm all
respects, (not herein before provided for > as pro.
vided in the general law passed the eighteenth day
of March, eighteen hundred and forty.one: and
the said Board shall bid fOi the Road such price as
they shall think the value thereof.
5. BE ii further enacted, That if at the sale of The
sal0 PORTSMOUTH anu hOdnOkc hdll Road, or at any
time thereafter, the State of North Carolina, or any
company incorporated in said State for purposes Of
internal improvement, shall become the owner,
either, directly or by agent or other wise, Of the
said Portsmouth and Roanoke Rail Road, hereby
authorized to be sold, or Of the said Seaboard and
Roanoke Rail Road the General Assembly of vir.
ginia hereby reserves the right, by special act of
legislature or otherwise, to revoke all the powers,
privileges and immunities TO be conveyed by the
sale of said Road, and to declare the same null and
void.
6. BE itftyther enacted, That it shall be the duty
of the Board Of Public Works of Virginia, and they
arc hereby required, so TO regulate, from time to
time, the fare for passengers on each Rail Road be-
tween Weldon and Portsmouth, and between Wei
Don and Petersburg, as to prevent an injurious
competition by reducing the fare on, or by either