The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-29
SALE OF THE
PORTSMOUTH & ROANOKE
RAIL ROAD
RY PJ1RK,IG AUTTvVun~.
By PUBLIC AUCTION.


BY PUBLIC AUCTION.
go es;sss9 ssls &aa all
The Stockholders of the Portsmouth, and Roa no,o
haii ROAD company, having at special meeting
convened IN the Town of Portsmouth on the IOtb
day OF April last. given their assent 10 sale of the
SAID Rail Road, according 10 the provisions of The
hct directing NE Board Of Public tVorks 10 sell The
portsn'o"M and Roanoke Rail Road and incorpora.
hng NE pure hdstrs thereof by the name of he Scotland
and Portsmouth, Rail Road, ''-passcd February oT,h
ISa6' a copy OF which is hereto subioined Public
Notice Is hereby given to ali whom 1t NAV concern
mat the President and Directors of the Board of
Public Works will, by their agent proceed nm
rMDa Stne 4th day OF September next, at II
O'CLOCK before the Court House of Norfolk county
IN the Town OF Portsmouth,, to sell by public nuC .
ton, on tue terms, limitations, aud provisions act
Trt III Sa,n ACT, all the estate property and CT.
whercsoever situated or being, embraced bv the
tnortgage: executed by the Portsmouth and Ro
anoke Rail Road Company to the President and
Directors of the Board of Public Works >, nnrt;cu
larry specified in the said act
Such title only will be conveyed to the purchaser
a., 'se commonwealth has TO the said road, proper
BY oR0ER oFTHE PRESIDENT & DIRECTORS
Of The Board Of Peblic FORKS:
j. BROWN Jr I'd Auditor
MENU 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
VINO profess to bold under the laws of North Caro-
ma 1t is to be understood that the title to such
portion is To be adiudcatod ACCORDING IN tho Iav.s
and by the Courts of that State and must he tatcH
at the purchasers own hazard.
]. p. Jr., I'd Aud.
The following is copy of tue act referred 10 in
the foregoing notice -
CHAR. llS.--An ACT directing the Board of pnb
IIc Works to sell the Portsmouth and Roanoke
Naliroad, and incorporating the purcha sers there
OF by the name of the Scaboard and Portsmouth
Rail Road.
Passed February 81, 1916
J.. he ii enacted, That so as the stockholders
oil the !" Portsmouth and Roanoke Rail Road Com
pany, OF majority thereof, in any gene raj meet
ing or special II Getting convened for such purpose
shai give their assent TO sale of the Portsmouth,
and Roanoke Rail Road, under the mortraoes and
on the terms aud conditions hereinafter set forth
the President and Directors of the Board of Public
sna. sell all the estate, property and effects,
oil every nature and kind whatsoever, and whercso
ever situated or being, embraced by the mortga nes
executed by the Portsmouth and Roanoke Rail
Road Company to the President and Directors of
the Board of Public Works aforcsad. the first do
ted the fourth day of May. eighteen hundred and
thirty eight, recorded in the Clerks Office of Nor
ioik county Court. and the second dated the four-
teenth day of October, eighteen hundred and thir
ty nine. recorded in the Countv.Cour of Halifax
IN the State of North Carolina, together with ali
inc franchises, rights, privileges and immuuitics
Roanoke Rail Road Company, IA well in virginia
as In North Carolina, upon the following terms
me sale to be at public auction, before he Court
House of Norfolk County in the town of Ports.
mouth after sixty days notice of the tune nd nace
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 tho President and Directors of
the Board Of Public Works, for the proceeds nav
aole IN SIX equal annual instalments. The pur-
chasers tpSo facfo by the purchase shall become
oody pohuc and corporate, by the name and STYLE
OF 4" The Seaboard and Roanoke Rail Road Comma.
ny;'' and shall hold, use, cniov and emnlov the
Road and all the other property and effects of eve
ry nature and kind. aforesaid of the present
&tyefh hall g.. - y
ana lmmunities granted to and conferred upon il ,
at any time heretofore by this State and the State
OF North Carolina, In as ample a manner as the lie
glsiature OF tins State can transfer them, subject
In all respects, and in every thing to al the din
ties regulations and penalties required, prescribed
and enjoyed by any law or laws in force re-
speeding the present Company, and subject 30 the
provisions of the Act of the General Assembly en-
titled an>Act prescribing certain gene raj reon.
latons Tor the incorporation of Railroad Conpa-
mes. passed March eleventh. eighteen hundred
and thirty-seven The said sale to be subject to all
mortgages and deeds OF trust executed nv the
Portsmouth and Roanoke Rail Road Comnanv and
the alms OF any other creditors legally entitled To
priority over the mortgages aforesaid to the Prcsi.
dent and Directors of the Board of Public Works
aforesaid.
3 That the nett proceeds of said sale shall he 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 E. Rive.
and the Board of Public Works and others accord.
ing to the legal prorties of the claims of the Board
oil fuohc Works under the said mortgages of Nav
n md
october the fourteenth, eighteen hundred and tbr.
ty nine and of the claims of anv other creditor4 n
the portsmouth and Roanoke Rail Road Comnsny
who shall In said suit establish their light To- a pri
orlty over the said claim Of the Board of Public
Works. and if any suit suits in cbancerv he
now pending, or shall he hereafter brou o hit in anv
OF the other Circuit Superior Courts of Law and
Chanccry, or in any of the County Courts of ,his
commonwealth, against the Portsmouth and Roa.
notc Rail Road Company, in which ,bc pree;eor,
and Directors of the Board of Public Works arc or
may be necessary party, the same shal be trans.
ierred by the Court in which such suit NAV bo
pending, to the Superior Court of Chanccry fer the
fcninond circuit to be there proceeded in and de.
clded ProUided hoioever, That any party In ang
such suit or suits who may think himself or tbe,,
selves aTgTIeved by any decree of said Court aha
be entitled to apply for, and if proper II, obtaIn a
supeTSededs from the court OF appeals to such de-
cree precisely as In any other decided by the
said Circuit Superior Court Of Chancery for the
Richmond circuit " "
B. The corporate existence of the Portsmouth and
Roanoke Rail Road Company, notwitbstanding anv
sale that may be made under this act. shall be con-
tnued so far it may be necessary IL lie narrc q,
conduct, or 10 institute and carry dn any, s,it or
suits, TO its or their final completion and safisfac
ton.
d. BE HftUdier enacted, That the sale Of said Road
shall be made by the Board Of Public Works in ali
respects (not herein before provided for y az nro.
vided in the general law passed the eighteenth DIV
of March eighteen hundred and fortv.one. an1
the said Board shall bid for the Road such nrcc nc
they shall think the value thereof
o. BE IL further enacted, That if at the sale of the
said Portsmouth aud Roanoke Rail Road or AZ anv
time thereafter, the State of North Carolina or anv
company incorporated in said State for ptrnoycs ~
internal improvement, shall become the owner
either, directly or by agent or otherwise of the
said Portsmouth and Roanoke Rail Road bcrcb,,
authorized to be sold, of the said Scaboa rd and
Roanoke Rail Road tic General Assembly of Vir
oinia hereby reserves tic right by specis1 act ~