The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-07-18

RAIL ROAD
BY PUBLIC AUCTION.
ssas1 ssa ssss1 3. -&s5es lIa 81 ~.
The Stockholders of the Portsmouth and Roanoke
Kail Road Company, having at u special meeting
convened in the Town of Portsmouth, or the 10Th
day of April last, given their sale of the
" Act directing the Board Of Pubic Jporks 10 sell The
Portsmouth and Roanoke Rail Road and incorpora-
ting e purchasers thereof by he name Of the Seojoard
and Portsmouth Rail ROAD, '-passcd February ~ h.
1916. copy OF which is hereto subioned, Public
Notice is hereby given to all whom II ma concern
that the President and Directors of th. Beard of
Pubic Works will, by their agent, proceed on
FRIDAY the 4th day of September next nj ID
O'Clock, before the Court House of No, folk couptv
IN the Town oil Portsmouth, to sell by public auc.
ton, on the ter ms, limitations aud provisions set
forth in said act, all the estate, pto3crtv and ell
iccts of every n"tur" and kind whatsoever and
wheIesoever situated or being, embraced by the
mortgages executed by the Portsmouth, and Ro
anoke Rail Road Company to the President and
Directors of the Board of Public Works" particu
larly specified in the said act.
Such title only Will be conveyed To the purcbasc,
as the Commonwealth has 10 the said road, pruper.
BY ORDER OFTHE PRESIDENT & DIRECTORS
Of The Board Of Public ITorks:
J. BROWN, Jr.. Cd auditor
:, MEMO ;Ivhe p'rti"n Of this road which Ii in
North Carolina Is claimed adversely To the mort
cages of the Board of Public Works by persons
who profess TO holi it under the laws Of North Caro-
INA IL Il to be understood that the title to such
portion is to be adjudicated according to the laws
and by the Courts of that State. aud must be taken
at the purchascr's own hazard.
J. b. Jr., 2d Aud
The following is copy of the act referred to in
the foregoing notice -
CHAP. lls.-An ACT directing the Board of pub
lic Works to- sell the Portsmouth and Roanoke
Raiiroad, and Incorporating the purchasers there.
OF by the name OF the Seaboard and Portsmouth
Rail Road.
Passed February 81 1916
t. Be AZ enacted, That so soon the stockholders
oil the " Portsmouth and Roanoke Rail Road Com
pany" or majority thereof, IN any gene raj meet.
ing or special Getting convened for such purpose,
shall give their assent TO sale of the Portsmouth
and Roanoke Rail Road, under the mort ga pes and
on the terms and conditions hereinafter set forth
the President and Directors of the Board of Public
Works shall sell all the estate propcrtv and effect.
of every nature and kind Whatsoever and ,Nhcrcso'
ever situated or being, embraced by the nortoa gcs
executed by the Portsmouth and Roauoke Rail
Road Company to the President and Directors of
the Board of Public Works aforcsaid: the FIRST d.
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.
tccnth day OF October, eighteen hundred and thir-
ty nine. recorded in the County Court of HaliGa.
in the State of North Carolina topctbcr viii III
inc franchises, rights privileges aud i,nmuuiiics
belonging or appertaining to tho Portsmouth and
Roanoke Rail Road Company, n well in virgins,
as as IN NortI Ca.ol ma, upon the following terms
the sale to be at public auction. before the Court
House of Norfolk County, in the town of Ports
mouth, alter sixty days notice of the time nd place
by advertisement IN such ncwspa pcrs the Prcsi.
dent and Directors "f the Board of Public Works
may select, the purchasers to give bonds with an
proved security to the President and Directors of
inc Board OF Public w orks, for the proceeds nav
able in six equal annual instaEnents The bur.
chascrs ipSo fdcto by the purchase shall become q
o 90 nohSc ana corporate by the name and style
OF The Seaboard and Roanoke Rail Road Comma.
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 nres.nt
Company, with all the franchises rights priv Irges
and lmmunities granted To and conferred unon i,
at any time heretofore by this State and the State
OF North Carolina, in as ample a manner as the l.,
gislature of this State can transfer them. suhec,
in all respects, and in every thing TO ali the Idn
ties regulations and penalties required, prescribed
and enjoyed by any law laws now in force re-
speeding the present Company, and subject I, tho
provisions of the Act of the General Assem- blv en-
titled g an Act prescribing certain General rec,,
latlons iof the incorporation of Railroad Comma
nies.'' passed March eleventh. eighteen hnndred
and thirty-seven The said sale be subject to ali
mortgages and deeds OF trust executed by the
Por tsmouth and Roa nokc Rail Road Comnany and
the claims of any other creditors legally eniiIed t
priority over The mortgages aforesaid to the Prcsi
dent and Directors of the Board of Public Worls
aforesaid. ~
3 That the nett proceeds Of said sale shall be an
piled, under the direction of the Superior Court of
Chanccry for the Richmond circuit in the suit now
pending in said Court between Francis r R;wc.
and the Board Of Public Works md others accord
ing to the legal prlor,ies of the claims of the Board
OF Public Works under the said mortgages of MAJ
the fourth, eighteen hundred and thirty.eisht md
October the fourteenth, eighteen hundred AMI tb;r
ty nine, and of the claims of any other crcd;tor
the Portsmouth and Roanoke Rail Road Companv
who shall in said suit establish their right 10 mr.;
GRITTY over the said ella i'm of the Board of Public
Works. And il any suit or snits in chancerv Lc
now pending, or shall be hereafter brought in anv
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
nokc Rail Road Company in which the Presiden,
and Directors of the Board of Public Works arc mr.
may be necessary party, the same shall be trans.
ipTTp N.l,,,
pending, to the Superior Court of Chanccry fer the
Richmond Circuit, to be there proceeded in and do
C ded Pror'aed ho,oeuer, That any party to any
such suit or suits, who may think himself or them.
selves aGgrieved by any decree of said Court shall
be enttlc to apply for, and if proper to Obtain a
supJ ScdeGs from the court of aoncaIs h, such do
precisely as in any other case decided bv the
said Circuit Superior Court of Chanccry for the
Richmond circuit
8. The corporate existence OF the Portsmouth nd
Roanoke Rail Road Company, notwithsta nding any
sale that may be made under this act shall be con-
nucd so far as it may be necessary in its name to
conduct, or to institute and carry on any suit mr.
suits, to its or their final completion and satisl,c
ton.
4. Be itteLtv enacted, That the sale Of said Road
shall be made by the Board of Public Works i'm ali
respects, (no herein before provided for y az pro-
vided in the general law passed the eighteenth DIV
of March, eighteen hundred aud forty. one {; and
the sal Board shall bid FOR the Road such price AZ
they shall think the value thereof
3. BE IL further enacted, That if at the sale of the
said Portsmouth and Roanoke Rail Road or At onv
time thereafter, the State of North Carolina or auy
company incorporated in said State for purposes o.
Internal improvement, shall become the owner
either, directly or by agent Otherwise of the
said Portsmouth and Roanoke Rail Road hereby
authorized to be sold, of the said Seaboard and
Roanoke Rail Road, the General Assemble of Vir.
GINA hereby reserves the right, by special act of
legislature or otherwise, to revoke all the powers
privileges and immnnites 10 be conveyed by the
sale of said Road, and to declare the same null and
void.
g. Be IL further enacicd That il shall bc the dntv
of the Board of Public Works of Virginia, and thcy
are hereby required. so to regulate, from time To-
time the fare for passengers each Rail Road be-
tween Weldon and Portsmouth, and between wei
don and Petersburg, to prevent an ipiurious
competition by rejoicing the fare on or bv cithcr
Of the said Roads either by direct levyng Of such
fare or by any ,combination or arrangement with