The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-22
SALE OF THE
PORTSMOUTH g. ROANOKE
RAIL ROAD
y BY PUBLIC AU6yVlRH
800 &c. ss $3.50 GO ST. ssll


said Rail Road, according to the provisions of m,
N act directing ne Board q Public FORKS to sell IL,
Portsmouth and Roanoke Rail Road and incorporo.
ting NE purchasers thereof By The name of he Sea6oaro
aud Portsmouth, Rail Road, ''-passcu Febrnarv 81 h
1876. a copy Of which is hereto suhinned Public
Notice is hereby 6 iveu to al whom It NAV concern
that the Preside ut and Directors of the Board al
Public Works i'll, by their agent proceed or
FRIDAY, the 4th "ay of September next at ~
O'Clock. before the Court House OF No, folk county
in the Town of Portsmouth, To sell by public ano
hou. on the terms, Inn atoms. aud provisions 40,
forth in said act. "ail the estate property and Ell
fecis of every nature and kind Whatsoever and
whcf csoevcr situated being, embraced bv the
'nort1ages executed by the Portsmouth and Ro.
a 2,I Rail Road Company to the President and
Directors Of the Board Of Public Works" port;cu'
lsrly specified in the said act. -
such title only will be conveyed to the purcba ser
as the Commonwealth has 40 the said road, proper
BY ORDER OFTHE PRESIDENT & DIRECTORS
Of he Board Of Public p"mks:
j. BRoWIl, Jr., I'd Auditor
MEMO The portion of this road which lies in
North Carolina Is claimed adve -selv to the mart.
cages of the Board of Public Works by persons
VINO profess to hold it under the laws of North Caro-
lima. il is to be understood that the tile 10
portion is to be adjudicated accord ing TO the Law
ana by the Courts of that State, aud must be taken
at the purchasers own hazard
J. h. Jr., Cd Aud.
I'd Auditors Office, July 3D., 1876
The following is copy of the act referred to in
the foregoing notice =
CHAR. IiS.-An ACT dircctinr The Rosrd oe p,,h.
Iic Works to sell the Portsmouth and Roanoke
Railroad. and Incorporating the purchascrs there.
OF ny the name OF the Scaboard and Portsmouth
Passed February 81. 1876 !
L. Be IL enacted. That so soon as the stockboJds,,
OF the Portsmouth, and Roanoke Rail Road Com
pany," or majority thereof, IN an gcne raj meet
ing, special u Getting convened for such nurno.e
snai give their assent to- sale of the Portsmouth
and Roanoke Rail Road, under the mort gares and
on me terms and conditions hereinafter set forth
tne PRESIDENT and Directors OF the Board OF Public
WORKS snail sell all the estate, property and effects
"i every nature and kind whatsoever and wherrso
ever situated or being, embraced by the mortga gcs
cNccu ted by the Portsmouth and Roanoke Rail
itoau Company TO the President and Directors of
the Board of Public Works foresaid: the FIRST ,Ia
tea 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.Court of Halifax,
in tho State of North Carolina tooethcr win iii
the franchises rights privileges and im,nunities
belonging or appcrtaining TO the Portsmouth and
Roanoke Rail Road Company, a well in Virginia
as in North Carolina, upon the following terms
The sale To be at public auction before the Court
House of Norf'lk County. in the town of Ports.
mouth after sixty days notice of the time md place
by adver tlsement in such newspapers as the Prcsi
dent and Directors uf 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 proc eeds oav-
ape In SIX equal annual instalments. The pur.
chasers pso fdcto by the purchase, shall become
body polite and corporate, by the name and stvIc
OF g 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, aforesaid of the present
ooLnpany, with all the franchises, rights, privileges
and imnunities granted to and conferred upon il,
at any time heretofore oy this State and the State
oil North Carolina in as ample a manner as the lie.
glsiaturc OF this State transfer them subject
IN all respects aud in every thing, to all the du
ties regulations and penalties required prescribed
and enjoyed by any law or laws now in force re-
specung the present Company, and subject to the
provisions of the Act of the General Assembly, en-
titled an Act prescribing certain general repu.
lauons for the incorporation of Railroad Compa-
MES" passed March eleventh, eighteen bnndred
and thirty. seven. The said ale be subject to all
mortgages and deeds o: trus, executed by the
Portsmouth and Roanoke Rail Road Company and
me claims OF any other creditors legally entitled to
priority over the mnrtga ges aforesaid to the Prcs
dent and Directors Of the Board of Public Works
aforesaid ~
9 That the nett proceeds of said sale sbalIhe =,
Piled under the direction of the Superior Court of
Chanccry for the Ricbuond circuit in the suit now
pending IN said Court between Francis f. Rivcs
ahG tne board OF Public Works and others, accord.
TO the legal prorities of the claims Of the Boar,
oil Pubic w orks under the said mortgages of Nav
me fourth, eighteen hundred nd thirty clio ht and
october the fourteenth eighteen hundred and tfir.
V-nne, and OF the claims of any other creditors of
tue Portsmouth and Roanoke Rail Road Company
who shall in said suit ablish their RIGHT to nri
orlty over the said claim Of the Board of Public
works And if any suit or suits in chancerv bc
now pending, or shall hc hereafter brought in any
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 President
and Directors of the Board Of Public Works arc mr.
may be necessary party. the same shall be trans
lerred by the Court in which such suit NAV he
pending, to the Superior Court Of Chauccrv E,T The
Richmond Circuit to be there proceeded in and de
cided Prortded hotCeu1, That any party to any
such suit or suits who may think himself or tber-
selves aggteved by any decree Of said Court shaiI
be entitled to apply for, and if proper TO Obtain
Sup1sedeas from the court of appeals to such de.
cree, precisely in any other case deo;ded Nv tbc
said Circuit Superior Court of Chsnccrv lor tbc
Richmond Giro nit. w '"'
3. The corporate existence of tho Portsmouth and
Roanoke Rail Road Company potwitbstanding any
sale that may be made undcr this act. shall he con-
tnued so far as IL may be necessary in its name 10
conduct, or to institute and carry on anv suit or
SUITS to It's or their hnsl completion and satislac.
ton.
4. BE further enacted, That tho sale Of said Road
shall be made by the Board Of Public Works in all
respects {not herein before provided for) as pro.
vldcd In the general law passed the eighteenth dfy
OF March, eighteen hundred and forty. one and
the said Board shall bid or the Road such price as
they shall think the value thereof
o. Belt further enacted, That if Al the sale of tho
said Portsmouth and Roanoke Rail Road. or at any
time thereafter. the State of North Carolina or anv
company incorporated in said State for purposes o.
internal improvement, shall become the owner
either, directly or by agent or otherwise. of the
said Portsmouth and Roanoke Rail Road bcrcbv
authorized to be sold, or of the said Seaboard and
Roanoke Rail Road, the General Assembly of yir-
giuia hereby reserves the right bv sncciaI act If
legislature or otherwise, to revoke all ,he powers
privileges and immunities TO be conveyed bv the
sale Of said Road, and to declare the same null and
void
6. Beifyther enacted, That IL shall be the dutv
of the Board of Public Works Of Virginia and ,hey
hereby required, so to regulate from time 10
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
competition by reducing the fare on, or by either
OF the eoid either bv direck
tare or by any combination or arrangement with
any other Rail Road or Stage line, or with anv line
Of Steamboats, on the Chesabeake Bay for such re.
oocon offsre and IN reference 10 the fact of such