Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-08-04
SALE OF THE PORTSMOUTH AND
ROANOKE RAILROAD,
BY PUBLIC AUCTION

ROa NUM- RAfLhoAD,
BY PUBLIC AUCTION.
TINE Stockholders Of the Portsmouth and Roanoke
l Railroad Company having, al special meeting.
convened in the town cf Portsmouth on The 10th day OF
ipr last given their assent to sale o; the sad Rail
ro' according 10 the provisions OF The act directing
~, Hoard of Public Works sell the Portsmouth aud
Roanoke Railroad and incorporating the purchasers
thereof hy The name oi the Seaboard and Portsmouth
Ral,oid"-pasSed February 9th, isih, copy Of which
. hrrtu suboiDet-pub!ic notice is hereby given to all
wbpm i, may concern, that the President and Directors
81 The Board Of Public Works will by their agent, pro-
ce,d un FRIDAY the 4,h day of September next al II
oco-k before the Court House of Norfolk county, in
me lown Portsmouth, TO SELL by public auction on
the terms, limitations and provisions set forth In said
a AL the estate property and effects oil every nature
and KIND v ha s0ever, and wherfsoever situated or
bac embraced by the mortgages executed by the Ports
moa, and Roanoke Railroad Company 10 the President
AMI Directors Of the Board 0t Public WORKS., partcu-
lav srcihed in the sail act.
Suci title only VIII be conveyed TO the purchaser
TIE Commonwealth has TO the said road property, &c
rs order of the President and Directors OF the Board
II Public Works. J. BROWN, Jr., ID Auditor.
usno-Thr portion of this road which lies in North
C,,o,ua i claimed adversely TO the mortgages Of the
goata ct Public Wok-, by persons who profess 10 hold
tund,r the LAWS II North Carolina. IL Is to be under,
stood tia, The TILE such portion Is to be adudicated
according 10 - ,H and D. the Courts of that State,
aad must be taken At r. purchasers own az "a a,s
I'd Auditors ohoe, July Sd, lsse.
The following is copy Of the act referred to in the
foregoing notice
car. Ils-An act directing the Board Of Public
Works to sell the Portsmouth and Roanoke Railroad,
and incorporating the purchasers thereof by the name
n the Seaboard and Portsmouth Railroad
Passed February %, lsib
l. BE Il enacted, that as the Stockholders of
The portsmouth and Roanoke Railroad Company" or
majority thereof In any general meeting, or special
meeting convened for such purpose shall give Their as
sent 10 sale of the Portsmouth and Roanoke Railroad
under The mortgages, aad ON the terms and conditions
hereinafter forth the President and Directors u The
go,re Il Public Works shall sell an the estate property
ara si-c,s III every nature and Kind Whatsoever and
.a...o-v.r si,nntcd ~ being, embraced by the mort
-,.. executed by tie Pei and Roanoke Railroad
oea,us the Presijent and Directors o the Board ~
Pubic Works aforesaid the first dated the toatth day oil
Nav eighteen hundred and Thirty elga recorded In Inc
Clerks Office Of Norfolk County Court, and the second
dated the fourteenth day of October, eighteen hundred
and thirty nine recorded in the County Court OF Hall
ia, IN the State of North Carolina, together win all
he franchises, rights, privileges and mmuniles, oe-
longing or appertaning To the Portsmouth and Roanoke
Railroad Company, as welt in Virginia as IN North ga
rona upon following terms: the sale TO be al pubic
spctnn before the Court House Of Norfolk county, IN
~. town Of Portsmouth after sixty days notice oil tue
tine md pl by advertisement III such newspapers a.
,h- President and Directors nf the Board oi fuolic
Works may select; the purchasers 10 give hohus, WIN
Approved security the President and Directors oi The
AID OF Public Works. for the proceeds, payable ~ SIX
ona annual ns.aimenis The purchasers pso taeto by
the purchase shall become body polite ana corporate
b, me name and style of "te seabpard ana RonoaAe
ga,oad Company and shall hold use, enjoy ana ebi
d., the read and all the other property and effects o.
every nature aud KIND, as aforesaid, OF the peseh,
Company, with all the franchises, rights privileges dhu
a,uunitjes granted and conferred upon u, NJ any
time heretofore by this Safe and the State oil North
Carolina in ample manner as the Legislature oil ths
safe can transrr them. subject ia all respects, ana III
,yery hlnr to all the dutes regulations and penalties
required, prescribed and enjoyed BY any law O, Jaws
force respecting the present company, ana suo'
jet 10 The PROVISIONS OF the act OF the Generai nsse
bly,, entitled ACT prescribing certain general feeua
the incorporation of railroad companies
ei March eleventh. eighteen hundred and thirty seven
The sand sale subject 10 all mortgages ana neeas
s,usfa ufsd lyf h.
Company and the claims Of any other creait Ieray
.tl-d priority the mortgages atoresao 10 te
s,sldent and Directors of the Board oil fdDic "oiA'
i,otc,sii -,
lhetthe nett proceeds Of said sale shall De applied
rnd-r The direci-n of the Superior Court OF Chahcey
fof The Richmond Circuit, IN the sun now pena,ng ~
salf Cnu between Francis F. Riv-s and The hoard oil
Puolc Works aud others. according 10 me lega, pfoi
lies III the cias Of the Board OF Public WORKS unue.
the sand mortgages Nav the fourth, eighteen hunreu
ana trv r,ph, and October the fourteenth, eighteen
and thirty nine, and OF the claims o any u.e
,,do,s az the Portsmouth and Roanoke Railroad Com
who sinai, IN said suit establish their right to
prsr,y over the said claim OF the koard OF ruolc
Works And If any suit or suits in Chancery be now
-nding, shall be hereafter brought ~ any OF 'ns
cher Circuit superior Courts OF Inv and Cnancery or
n any of the County Courts OF this Commonwealth,
as,,rs, the Portsmouth and Roanoke Railroad Conpa
ny which the President ana directors OF tue Dolu
of Public Works are may be necessary party tne
same shall be transferred by the Court In wncn such
u; m,y he pending To the Superior Court oil Chancery
the Richmond Circuit TO be there proceeded 10 ana
tei-d Pror,ded hoaesp,r, That any party TO any such
.,n, .n,,s VIM NAV think himself or themselves ag
7rved by any decree Of said Court shall be emitted 10
ay fer, and, u proper To a'ian 10" .m
tcu # Appeals such decree, precisely as IN any
other case decided by the SAID Circuit superior court oil
Chsnccrv tor the Richmond Circuit.
g. IN. corporate existence Of the Portsmouth ana
Roanoke Railroad Company, notwithstanding any sale
ina. may be- made under this act, shall be contnueo 80
far a may be necessary IN lis name 10 conane, =. 60
INSTITUTE and carry on any SUIT or suitS, 10 hs VI 'he
nal completion and satisfaction.
j. BE Il further enacted, That the sale OF said ROAD
shan be made by Board of Public Works IN an re-
spects tho, here Rbriore provided ior as proVaeu ~
ne general law passed the eighteenth day OF March,
eighteen hundred and forty one; and the sara boaIu
SHAH bid for the road such price as they snail tnhk inc
value thereof >,
S further enacted, That if nj the sale of the SAID
Portsmouth and Roanoke Railroad, NJ any time there
after, the State OF North Carolina or any Company IN
cOrporatcd said State for purposes Of internal improve
ment, shall become the owner, either directly or by
agent or otherwise u the said Portsmouth and Roanoke
Raj road hereby authorized 10 be sold, or of the said
S.aboa,d and Roanoke Railroad, The General Assembly
Of Virginia hereby the right by special act Of
legislature or otherwise 10 revoke all the powers pr
'see and immunities 10 be conveyed BY me sale oil
satd read, and to declare the same null and void
hB.n further enacted That II shall be the duty OF
he Bard Of Public Works of Virginia, and they are
heey required, so TO regulate, from time to time, the
ars Tor passengers each Railroad between weldon
and Portsmouth, and between Weldon and Petersburg,
ato prevent an injurious competition, by reducing the
ae by either of the said roads, either by direct
evyiDg o such fare by any combination or arrange
nent with other railroad stage line, with any
line of steamboats, the Chesapeake Bay, for such
oucton Of iae; and in reference TO the fact OF such
combRanon, or any injurious reduction Of fare as afore
said, The Board Of Public Works shall be the sole judges
ana tn-ir order sha: b. obligatory either both Of
The SAID Companies Prorid.i The stockholders Of the
Petersburg Railroad Company in general meeting, agree
10 this section.
Be further enacted, That, case the authorities
o. The Stae OF North Carolina shall IL any time ~ lie.
ga process otherwise, deprive the PETERSBURG Rail
road Company of Of The privileges and advantages
Of TIA charter Obtained from that State hv any act hers
oor. DOME omitted TO be done by The said PETERSBURG
Railroad Company, by any means whatsoever pre-
vent the aforesaid Petersburg Railroad Company from
Conducting their operations much Of their railroad
as lies within the State of North Carolina or on any
pan thereof BY Of any act heretofore done or
emitted to be done by the Petersburg Railroad Company,
@sa all the rights, privileges and immunites hereby
hed 10 the aforesaid Seaboard and Roanoke Railroad
gpahy shall and be determined until the State
Carolina shalt renstate the Petersburg Railroad
In all the privilege. granted them in the seye
passed for their benefit by the said State,
legislature Of Virginia shall otherwise direct -
NM, no1er.r, That this section shall be In force
,ia. ,e'efseare Railroad Company shall agree 70 the
Phil. v Q. THIS ACT, which confrrs on the Board of
Inc r.,s a. .le power so 10 suate from time 10 time
A., ga NJ passengers o. each railroad between Wei
"n ana oail'more and Weldon and pe,ersbnro "a 10
f. Thi "a "a. Injurious nl composition.