The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-07-11
SALE OF THE
PORTSMOUTH & ROANOKE
RAIL ROAD
B4 PUBLIC AUCTEO>.
800 800 sassaE 81

Notlcc is hcrc5y given TO all whom n NAV copce,p
mat me president and Directors of the Beard OF
Public Works will, by their agent nrocc.I ,n
the 4th day of September next. at 10
O'Clock, before the Court House o. Nor folk county
IN Tue Town OF PORTSMOUTH, To sell by public auc.
ton, on the terms, limitations, aud 5royis;,ns 20,
lorth IN said act, sc all tho estate. n,oncrty 80 o.
neE.s OF every nature aud kind Whatsoever, and
whci csoever situated or being, embraced bv ,bs
mortgage executed By the Portsmouth arJ pnS
2noke Rail Road Company To the President and
Directors of the Board of Public Wcrte ,, -"
iarly specified in the said act. '
SUCH title only will be conveyed Ia the purcb,. 40,
as the commonwealth has TO the said road, proper.
BY ORDER OFTHE PR DIRECTORS
Of The Board Of Pvbiic Uorks:
~ j. BROWN, Jr., I'd Auditor.
MEMO The p rtion OF this road which Ii . in
North Caroliua il claimed adversely TO the mort.
cages of the Board of Public Works, by persons
VINO profess TO hOl1 it under the la VS. of North Caro-.
portion is to be adjudicated according to the laws
and by the Courts Of that State. and must be taken
at the purchasers own hazard.
I'd Auditors Office, July 81, is46.
The following is a copy of the act referred to in
CHAP; lls.-An ACT directing the Board of Pub.
nc works to sell the Portsmouth and Ronnoke
$500, anu Incorporating the purchasers there
Rail Road.
Passed February 81, 1916
L.. BE IL enacted, That so soon as the stockboldcrs
oil the " Portsmouth and Roanoke Rail Road Com.
Pany,' or a majority thereof, in any genera meet.
ing; or special II Getting convened for such purpose,
shaI give their assent to a sale of the Portsmouth
and Roanoke Rail Road, under the mortra ges. and
on me terms and conditions hereinafter set forth,
me resident and Directors OF the Beard OF Public
works shall sell ali the estate, property and effects,
ni every nature and kind whatsoever, and whcr,s so.
ever situated or being, embraced by the mortoa pcs
S@sou5su oy the Portsmouth and Roanoke Rail
no"u company TO the President and Directors of
the Board of Public Works aforesuid; the FIRST da.
TED the fourth day Of May. eighteen hundred and
thiriy-elght, recorded in the Clerks Office of Nor.
ioik County Court, and the second dated the four.
tcenth day of October, eighteen hundred and thir.
~ nine, recorded in the County Court of Halifax,
IN 'ne state OF North Carolina, together with ali
inc franchises, rights, privileges and inmunities,
belonging or appcrtaining To the Purtsmoutb and
nc al hatI koad Company, a we'll in Virginia
rs III Nottn Caioln9, upon the following terms :
the sale TO he at public auction. before the Court
House of Norfolk County. in the town of ports.
h huoa u a,;ca sixty days notice of the tune and place
oy advertisement IN such newspapers as the Prcsi
dent and Directors of the Board of Public Works
may select the purchasers to give bonds with ap
proved security to the President aud Directors of
inc Board of Public Works, for the proceeds. nav.
apIe IN SIX equal annual instai;ncnts. The pur.
Sn1scrs ,pSoJacto by the purchase, shall become a
oouy polite and corporate, by the name and stvIc
OF The Seaboard and Roauoke Rail Road Comma.
ny and shall hold, use, enjoy and employ the
~ IN n, d"u al. M o!hGr property and effects of eve.
Company, with all the franchises, rights, nrIyilcgcs
ana imtnunities granted to and conferred upon il
AT any tin" heretofore by this Stale and tho St,te
OF North Carolina, in as ample a manner ne ,bo 10
gislature OF this State can transfer them snhicc,
IN All respects, and in every thing, to ali the din
TICS regulations and penalties required. prescr;bcd
and enjoyed by any law or laws nov ~ forca -,
spect'ng the present Company, and subject to tho
PROVISIONS OF the Act of the General Assembly, en-.
,''lea an Act prescribing certain general room.
iatlons Tor the incorporation of Railroad Conno
mes passed March eleventh. eighteen bundred
anu tn,rty, seven The said sale to be subject to all
mortgages and deeds o. trust executed BIZ ;br
rof'slnonth and Roanoke Rail Road Coinpapy. and
ne ;alli OF any other creditors legally entitled To
priority over the mortgages aforesaid 10 the prcei
""fNS
= That the nett proceeds OF said sale shall he an
pied, under the direction Of the Supcrior Conrt ~
for the Richmond circuit. i'm The snit non
pending in said Court botwcen Francis r R;Yn,
and the Board Of Public Works and others. accord.
ing to the legal prIorities of the claims of The Roar1
OF Public Works under the snid mortqa pcs of Ma
the fourth, eighteen hundred and thir v.,;obt mi
octoDcr the fourteenth, eighteen hundred and thir.
ty-nlnc, ana OF the claims of any other creditors of
Tue portsmouth aud Roanoke Rail Road Comnanv
VINO shai' IN Sa'd snit establish their right To- a mi
9rlty over the said claim of the Board of Public
WORKS. ANA ii any SUIT or suits in cha nccrv he
now pending, or shall he hcrca fer bronpLt in az,
OF the other Circuit Superior Courts of Law and
onanccry, or IA any OF the County Courts of thi.
COMMUNICABLE against the Portsmouth and Roa.
noke lta1l Road Company, in which tho Prcs;dcn,
and Directors of the Board Of Public Works are or
may be a necessary party, the same shall bo ,rars
ferred by the Court in which such emit MAJ l.,
Pcndin%, to the Superior Court of Chaacorv CI the
nc mono Clrcnit, To be here proceeded in ana de-
~" 4 OC'ut HObOeCtT, mat anV Darty tn ANIL
such suit or suits, who may think hin'self or The.
serves aggtlcved by any decree Of said Court sbau
DC entitled to apply for. and if proper. 70 obtain a
from the court Of appcals To sncb Lo
cree precisely as in any other case decided bv tha
circuit Superior Court OF Chanccrv for tbo
Richmond circuit "' '"c
3. The corporate cyisfcrcc Of tb, p |
Roanoke Rail Road Company, not witbsfo III" u
that may be made under this act b,ljhS"u up
conduct, or to institute ard carry on anv su;, W
suits, to its or their final completion and sat;ss,o
ton. 1"H SatiSIac-
4. Be IL ftUiter enacted, That the sale NJ ,,;1
shall be made by the Board of Public Wort. !; no"iun
respects. (not herein before provided "a, 90 ~ ~
v " IN the general law passed the eighteenth d.. v
warren; eighteen hundred and fortv-one. sny
The saul Board shall bid for the Road en-, II ~ Il
they shall think the value thereof. 49,
.; Be ~ further enacted, That if at the sale of Tho
aald Portsmouth aud Roanoke Rail Road nv a w.
TINE thereafter, the State of North Carolina ~ -
incorporated in said State for nurnosce ~ |
lH.Srnai improvement, shall become The owner,
l."e' olrecliJ or by agent or other wise of the
Portsmouth and Roanoke Rail Road. hcrcbv
auihorized to be sold, or of the said Scaboa rd and
Ran Road, the General Assembly of yir-
gina hereby reserves the right, by special act oF
legislature or otherwise, 20 revoke oil the powers
privileges and immunitics to be conveyed bv tbc
OF said Road, and to declare the same null and
6. BE tfuyther enacted, That IL shall be tbc d,,,
OF the Board of Public Works of VIRGINIA. and ~
are hereby required, so to regulate, from time /,
time, the iatc for passengers on each Rail Road I've.
tween Weldon and Portsmouth, and between WI
don and. Petersburg, as to prevent an iniurion.
competition by reducing the fare on, or by e;tbcr
of the said Roads, either by direct Irvvin@y ..ntr
or by any combination or arranoe,Icnt 49,
other Rail Road or Stage line, or With anv ii ~
Steat"Ppals on the Chesaccake Bay for such 70
ducton q fare; and in reference To Inc f,cs re
combination, or any injurious reduction Of f,r NC"
aforesaid the Board of Public Works shall be be- H. i
JUICE and their order shall be obiigatorv on
either or both Of he said conranics D. or
nc s'ookholders OF the Petersburg Rail Road Com!
pany m general meeting, agree to this section
pt mJbFheT enacted, That in case TIC authori.
ie5 ot 'nc state OF North Carolina ,holl ut anv
,Ime, oy IGgai process or otherwise, deprive the Pc
IeIsourg ran Road Company Of any Of the priv
"uo a'Vant 'ges Of its charter obtain,d from
"a = w ~ any act heretofore done, or omitted
20 DC zone by the said Petersburg Rail Road Com
pSny, or ny ally means whatsoever prevent tbc