The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-11


BY PUBLIC AUCTION.
800 essssa 60 60 ST.
The Stock holders of the Portsmouth md RoanoL,
oonynnod company, having at special meeting
Gay OF apri last, given their assent 10 sale of tho
sa, KAN Road, according TO the provisions of Inc
Portsmouth and Roanoke Rail Road and ;nco.norn ,'
hng ne purchasers thereof by the name of he Sea6oar6
ara n Portsmouth Rail Road, "-passcd February ~ H.
is46, copy Of which is hereto subioined -Pub;c
Notice is hereby given to all whom II may concern
That the President and Directors of the Rad ~
r rppm, works VIII, by their agent, proceed ON
fKDAf, the 9TH day of September next at 10
O'Clock before the Court House OF No, folk conntv
IN the Town OF Portsmouth, To sell by public anc
Snp on .ne 'eIms, Limitations. aud provisions set
iects OF every nsture and kind whatsoever and
wheiesoevcr situated or being, embraced by the
mortgage executed by the Portsmouth, and Ro
anoke Rail Road Company to the Prcsident mi
Directors Of the Board Of Public Works" particu
larly specified in the said act.
Such title only will he conveyed TO the n,,rcb, 20,
as the Commonwealth has TO the said road, prnper !.
BY oRoER oFTHE PRESIDENT s DIRECTORS
OF The Board Of Pablic Works:
,,y,,o - j. BROWN. Jr., I'd Auditor.
MEMO The portion of this road which Ii q in
North Carolina is claimch adversely to the mort
cages of the Board of Public Works bv nersnns
who profess to hold it under the laws of North Caro-
una it Is to be understood that the title to such
a &c
ana ny the Courts of that State. and must be taken
at the purchasers own hazard
I'd Auditors Office, July Sd, 1916. ~ 1N"'
The following i copy of the act referred to in
the foregoing notice =
CHAR. llS.-An ACT directing tho Roard of puh
IIc Works to sell the Portsmouth and Roanoke
Haiiroad' and incorporatina the purchasers there
OF by the name Of the Scaboard and Portsmouth
Rail Road. --a
Passed February IS461
BE ii enacted. That so soon as the Stockholders
OF the - Portsmouth and Roa noke Rail Road Com
Pany, OF majority thereof, In gene raj meet
ing or special II Getting convened for such purpose
shall give their assent to sale of the Portsmouth
and Roanoke Rail- Read, under the mortgages, and
on the terms and conditions hereinafter sc, forth
the PRESIDENT and Directors OF the Board OF Public
works shall sell all the estate property md effects
al every nature and kind whatsoever. and whercso,
ever situated or being, embraced by the mort ges
executed by tho Portsmouth and Roanoke Rail
Road Compauy TO the President and Directors of
tne 1oard OF Public Works oresaid tho first da
Tea 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
teenth day of October, eighteen hundred and tbir
ty nine, recorded in the CounLv.Court of Uolifax
In tho State of North Carolina, together with ali
INC ranchiSes, rights, privileges and irnnunities
nelonging or appertaining to the Portsmouth and
Roanoke Rail Road Company, "a we'll in Virginia
os In North Carolina, upon the following terms
me IN sale to be at public auction. before the Court
house oil Norfolk County, in the town of Ports.
mouth, after sixty days notice of the time nd place
by advertisement in such newspapers az tho Presi
dent and Directors uf the Board of Public Works
may select, the purchasers to give bonds with APP
proved security to the President and Directors of
the Board of Public Works, for the proceeds, pay
able IN six equal annual instaGnents. The pur.
chasers ipso facto by the purchase, shall become
body polite and corporate, by the name and style
OF The Seaboard and Roanoke Rail Road Compa-
N.Y.; and shall hold, use, enjoy and employ the
Road and all tho other property and effects of eve
ry nature and kind as aforesaid, of the present
Company with all the franchises, rights, privileges
IN and f,rra, <.
at any time heretofore by this State and the State
OF North Carolina, in ample manner as the le
glsature OF this State 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-
spectng the present Company and subject TO the
provisions of the Act of the General Assent bly, en-
titled " an Act prescribing certain gene raj regu.
latons for the incorporation of Railroad Compa-
mes passed March eleventh. eighteen bundled
and thirty seven. The said sale TO be subject to all
mortgages and deeds OF trust executed by the
POI Pc, tsmonth and Roanoke Rail Road Company, and
the claims OF any other creditors legally entitled TO
priority over the mortgages aforesaid TO tho Prcs.
dent and Directors Of the Board of Public Works
aforesaid
3 That the nett proceeds Of said sale shall be ap
Piled under the direction of the Superior Court of
Chancery for the Richmond circuit in the suit now
pending in said Court between Francis E. Rives
and the Board OF Public Works and others accord.
ing to the legal prIores Of the claims of the Board
OF Public Works under the said mortgages of May
the fourth, eighteen hundred and thirty eight and
October the fourteenth, eighteen hundred and thir.
ynine, and of the claims of any other creditors of
the Portsmouth and Roanoke Rail Road COMPANY
who shall i'm said suit establish their right to pr
GRITTY over the said claim of the Board of Public
Works And If any suit suits in chancery be
now pending, or shall he 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.
noke Rail Road Company, in which the President
and Directors of the Board of Public Works are or
may be necessary party, the same shall be trans
ferred by the Court in which such suit NAV he
To q mr. OF al.
Richmond Circuit, to be there proceeded in and de
eided ProUided ho,cerr, That any party to any
such suit suits who may think himself or them
seves aggrieved by any decree Of said Court shall
be entitled to apply for, and If proper to Obtain
suPTsedeas from the court of appeals to such dc.
cree, precisely as in any other decided by the
said Circuit Superior Court Of Chaucerv for tho
Richmond circuit.
8. The corporate existence ofthe Portsmouth and
Roanoke Rail Road Company, Notwithstanding anv
sae that may be made under this act shall be con-
tinuod so far rs IL 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 satsfac-
ton.
4. BE hfigBier enacted That the sale of said Road
shall be made by the Board of Public Woke in ali
respects (not herein before provided for y as pro
vidcd in the general law passed the eighteenth dLy
of March, eighteen hundred and foriy-one and
the sal Board shall bid for the Road such price as
they shall think the value thereof.
g. Be IL further enacted, That If ~ the sale OF the
said Portsmouth and Roanoke Rail Road or at any
time thcrea fer the Stale OF North Carolina or ny
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, hereby
authorized to be sold, or Of the said Seaboard aud
Roanoke Rail Road, the General Assembly of Vir-
ginia hereby reserves tho right, by special act Of
legislature otherwise, to revoke all the powers
privileges and immpnitics TO be conveyed by the
sale Of said Road, and TO declare the same null and
void.
6. BE further enacted That il shall be the duty
of the Board of Public Works of Virginia and they
are hereby required so TO regulate, from time tt