The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-09-01
SALE OF Ell
PORTSMOUTH & ROANOKE
RAIL ROAD d.
BY PUBLIC AUCTs0N.,
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The Stockholders of the Portsmouth and Roanoke
ran Road Company. having at a special meeting.
convened in the Town of Portsmouth ON the IOth
day OF April last, given their assent TO a sale of the
sad Raj Road, according TO the provisions Of the
act directing Me Board Of Pd5tic Works 10 scI ht
Portsmouth and Roanok e Rail Road, and ;ncorppra-
ting NE purc hosus Mereo f by Asname of The Seaboayd
and Portsmouth, Rail Roa ,"-passeo February 27fh
1916, a copy of which is hereto subioined-Public
Notice is hereby given to all whom IL NAV concern
that the President and Directors of the Board OF
Pn6iIc Works will, by their agent, proceed on
FRIDAY, the 4th day Of Septe mber next. ar 10
O'Clock, before the Court / louise of Nor folk county
i'm the Town of Portsmouth h, to sell by public auc'
uon, on the terms, limI.atj ons, and provisions act
Iorth. In said act, all the estate, property, and et.
iects OF every nature and kind whatsoever, and
wheresoever situated or be ing, embraced bv the
mortgages, executed by the Portsmouth and Ro.
anoke Rail Road Company to the President and
Directors Of the Board of Pub Tic Works." particu-
iarly specified in the said act.
such title only will be conve yed to the purchaser
as me commonwealth has to tn e said road, proper
BY ORDER OFTHE PRESIDENTS DIRECTORS
The Board Of Public Wor.k,.
J. BROWN, .Tr., I'd Auditor.
MEMO The portion of this road which lies in
North Carolina is claimed advers ely to the mort
cages OF the Board of Public Wo rks, by persons
VINO profess to hold it under the la wstof North Caro-
lima: 1t Is to be understood that tn title to such
portion is to be adjudicated accordin o. to the laws
duu ny inc courts oil that State, and must be Ia ken
at the purchasers 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
the foregoing notice =
CHAR. llS.-An ACT directing the Boar of Pub
lie Works to sell the Portsmouth and Roanoke
Railroad, and Incorporating the purchasers there
OF by the name of the Seaboard and Por tsmouth
Rail Road. I'D.
Passed February 81, 1851
l. Bet ~ enacted, That so soon as the stockholders
OF the " Portsmouth and Roanoke Rail Road Com
Pany,> or a majority thereof, in any general meet
ing. or special II eeting convened for such purp ose,
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,
the President and Directors of the Board OF Public
Works shall sell all the estate, property and effects
of every 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; tho first da.
ted the fourth day of May. eighteen hundred and
tnirty-eight, recorded in the Clerks Office of Nor
foik County Court, and the second dated the four
tecnth day of October, eighteen. hundred and tbir-
ty nine, recorded in the County-Court of HaIifax
in the State of North Carolina, together with ai
the franchises, rights, privileges and immuuities,
belonging or appertaining to the Portsmouth and
Roanoke Rail Road Company, az we'll 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 of Public Works, for the proceeds. paw.
able IN SIX equal annual instalments. The pur-
chasers ipSoJdcto by the purchase, shall become a
body polite and corporate, by the name and stvle
of "The Seaboard and Roanoke Rail Road Compa-
ny;' and shall hold, use, enjoy and employ the
Road and all the other property and effects of eve
ry nature and kind, as aforesaid. of the present
Company, with all the franchises, rights, privileges
and 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 10
gislature of this State can transfer them, subject
IN all respects, and in every thing, to all the du
ties. regulations and penalties required, prescribed
and enjoyed by any law or laws now in force re-
speeding the present Company, and subject to the
provisions of the Act of the General Assembly, en-
titled +" an Act prescribing certain general rem.
latlons for the incorporation of Railroad Gonna
MES" passed March eleventh. eighteen hundred
and thirty-seven. 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 to
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 ap
piled, under the direction of the Superior Court of
Chancery Tor the Richmond circuit, in the suit now
pending in said Court between Francis F.. 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 Nav
the fourth, eighteen hundred and thirty eight. and
October the fourteenth, eighteen hundred and thir.
ty-nine, 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 pri.
GRITTY over the said claim of the Board of Public
Works. And if any suit or suits in chancery be
now pending, or shall be hereafter brought in anv
OF the other Circuit Superior Courts of Law and
Chanccry, or in any Of the County Courts of this
commonwealth against the Portsmouth and Roa.
noke RaIl Road Company, in which the President
and Directors of the Board of Public Works are or
may be a necessary party, the same shall be trans.
ierred by the Court in which such suit NAV be
pending, to the Superior Court of Chancery fer the
Richmond Circuit, to be there proceeded in and de.
cided Prouided ho1oeUeT, That any party To ano
such suit or suits, who may think himself or thenI-
selves aggTieved by any decree of said Court. shall
be entitled to apply for, and if proper, to obtain a
supeTSededs from the court of appea1s to such de.
cree, precisely as in any other case decided by the
Richmond circuit.
8. The corporate existence of the Portsmouth and
Roanoke Rail Road Company, Notwithstanding anv
sale that may be made under this act, shall be con-
tinued so far as it may be necessary in its name to
conduct, or to institute and carry on any suit or
suits, to its or their final completion and satisfac.
ton.
g.. Be IT, further enacted, That the sale of said Road
shall be made by the Board Of Public Works in all
respects, (not herein before provided for as pro.
of March, eighteen hundred and f%orty-one and
the said Board shall bid for the Road such price as
they shall think the value thereof
s.. Be IN further enacted, That if at the sale of the
said Portsmouth and Roanoke Rail Road, or at any
time thereafter, the State of North Carolina, or any
company incorporated in said State for purposes %
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 !he powers,
privileges and immunities to be conveyed by the
sale Of said Road and to declare the same null and
void.
6. BE itfuyher enacted, That it shall be the duty
oftbe Board of Public Works Of Virginia, and they
are 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