The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-07

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THE stockholders OF the Portsmouth and Roam
IL oke Railroad Company, having, at special
meeting, convened in the town Of Portsmouth on
the 10Th day OF April last, given their assent TO a
sale OF the'sald railroad, according 10 the provisions
of the "Aet directing tho board vi public works TO
sell the Portsmouth and Roanoke Railroad and IN
cooperating the purchasers thereof by the name of
the Seaboard and Portsmouth Railroad passed
February 9th, 1886, copy Of which is here sub.
joined, public notice is hereby given TO all whom it
may concern, that the president and directors ofthe
board of public works WILL by their agent, proceed
on FRIDAY, the 4th day of SEPTEMBER
NEXT, at IL O'Clock, before the eourt-house of
Norfolk county in the town Of Portsmouth, TO sell
1y public auction, the terms, limitations and pro-
visions set forth in said act, 's the estate, proper
w. and effects of every nature and kind whatsoever,
and wheresoe ever situated being, embraced by the
mortgages executed by the Portsmouth, and Roam
oke railroad Company TO the president and direc-
tors OF the board Of public works." particularly
specified in the ssid act. .. d ....,..' ~
Such title only will be conveyed TO the purchaser
as the Commonwealth has to the said road, proper
erty, &c. . Co.,. .... .. ....
BY order Of the prssids, and directors Of ts board Of
~ j. BROWN, jr., "a Auditor. ,
MEMO:--The portion Of this road which lies in
North Carolina is claimed adversely 70 the mort
Cages OF the board OF public works by persons who
profess TO hold Il under the laws Of North Carolina.
IL is TO be understood that the title TO such portion
TO be adjudeated according to the laws and by the
chaser's own hazard. J. Il ,ir, ID Aud.
% auditors office, July Sd 1886
The following is copy of the act referred to 10
the foregoing notice; .-" '.
CHAR. ll9-AN ACT directing the board Of pub
lie works to sell the Portsmouth and Roanoke
railroad and Incorporating the purchasers thereof
by the name Of the Seaboard and Portsmouth
railroad.
Passed February q, l946.l
l. BE IL enacted, That so soon AS the stock
holders Of the "Portsmouth and Roanoke Rail-
road Company" or majority thereof in
any general meeting or special meeting convened
for such purpose, shall give their assent 10 a
sale of the Portsmouth and Roanoke rail-
road, under the mortgages, and on the terms and
conditions hereinafter set forth the president and d.
rectors Of the board Of public works shall sell all the
estate, property, and effects, Of every nature and
kind whatsoever, and wheresoeyer situated or be-
ing, embraced by the mortgages executed by the
Portsmouth and Roanoke Railroad Company To the
president and directors of the board Of public works
aforesaid; the first dated the fourth day Of MAY,
eighteen hundred and thirty-eight, recorded in the
clerks Office of Norfolk county COURT and the sec
ond dated the fourteenth day OF October, eighteen
hundred and thlrty-nine, recorded in the county
court of Halifax, in the State of North Carolina,
together with all the franchises, rights, privileges,
and lmmunties, belonging or appertaining TO the
Portsmouth and Roanoke Railroad Company, as
well in Virginia as in North Carolina upon the fol-
lowing termsI the sale to be public auction, be-
fore the courthouse of Norfolk county in the town
OF Portsmouth, after sixty days notice Of the time
and place by advertisement in such newspapers as
the president and directors Of the board of public
works may select The purchasers to give bonds with
approved security to the president and directors Of
the board of public works, for the proceeds paya-
bic in six equal annual instruments. The purchasers
psoact0 by the purchase shall become body polite
and corporate, by the name and style of 1.-The Sea-
board and Roanoke Railroad Company and shall
hold, use, enjoy, and employ the road, and all the
other property and effects Of every nature and kind
aforesaid, Of the present company, with all the
franchises, rights, privileges, and immunues grant,
ed to and conferred upon IT, at any time heretofore
by this State and the State Of North Carolina, in
ample manner the legislature Of this 3 ate can
transfer them, subject in all respects, and in every
thing, to all the duties, regulations, and penalties
qulred, prescribed and enjoyed by any law or laws
now in force respecting the present company, and
subject to the provisions Of the act of the general
assembly, entitled "An act prescribing certain gen.
era regulations for the incor poraton Of railroad com.
panies," 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 Railroad Company, and
the claims OF any other creditors legally entitled TO
over the mortgages aforesaid, 10 the presl-
dent and directors Of the board Of public works
aforesaid
3 That the nett proceeds Of said sale shall be APP
Piled under the direction Of the superior court of
chancery for the Richmond circuit, in the suit now
pending in said court between Francis Z. Rives and
the board of public works and Others, according to
the legal priorites OF the claims of the board of
public works under the said mortgages of May the
fourth eighteen hundred and thrty-eight and Octo.
Der the fourteenth, eighteen hundred and thirty
nine, and of the claims of any other creditors of the
Portsmouth and Roanoke railroad company who
shall IN said suit establish their right TO priority
over the said claim of the board Of public works.
And If any suit or suits in chancery be now pend
ing, shall be hereafter brought in any of the
other circuit superior courts of law and chancery,
or In any OF the county courts OF this Common
wealth, against the Portsmouth and Roanoke rail-
road company, in which the president and directors
of the board of public works are or may be a ne
cessary party, the same shall be transferred by the
court in which such suit may be pending TO the SUI
perior court Of chancery for the Richmond circuit,
TO be there proceeded in and decided Provided ho,u-
eper, That any party to any such suit or SUITS who
may think himself or themselves aggreved by any
decree of SAIL court, shah be entitled to apply for,
and if proper to obtain apersedsas from the court
of appeals to such decree, precisely as in any other
case decided by the said circuit superior court of
chancery for the Richmond circuit. T..
J. The corporate existence Of the Portsmouth
any sale that may be made under this act, shall be
continued so far as ii may be necessary in its name
to conduct or to insttuts and carry any suit or
suits, to its or their final complexion and satisfac-
ton. ."...s wi
A. BE further enacted, That the sale..o said road
shall be made by the board Of public works in all
respects, (no hereinbefore provided for provid
ed IN the general law passed the eighteenth day Of
March, eighteen hundred and forty-one; and the
said board shall bid for the road such price as they
shall think the value thereof
s. BE II further enacted That il at the sale of said
Portsmouth and Roanoke railroad, or at any time
thereafter, the state of North Carolina, or any COM
pany incorporated in said state for purposes of in
lernal Improvement, shall become the owner either
directly or by agent otherwise, of the said Ports
mouth and Roanoke railroad, hereby authorized 10
be sold, or of the said Seaboard and Roanoke rail-
road, the general assembly of Virginia hereby re-
serves the right, by special act of legislature or
otherwise to revoke all the powers, privileges and
immunites to be conveyed by the sale Of said road
and to declare the same null and void,
g. BE II further enacted, That it shall be the duty