The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-28

OF Tie "Act directing inc Ooafu OF puohc WOihh 70
sell the Portsmouth and Roanoke Railroad, and IN
cooperating the purchasers thereof by the name OF
the Sesboard and Portsmouth Railroad" passed
February 9th, 1876, copy Of which is here sub
ioined public notice 10 hereby given 10 all whom II
may concern, that the president and directors OF the
board Of public wsrks viii, by their agent proceed
on FRIDAY, the 4th day Of SEPTEMBER
NEXT, at IL o'clock, before the courthouse OF
Norfolk county in the town Of Portsmouth, 10 sell
by public auction, the terms, limitations, and pro-
visions set forth in said ACT "a the estate, proper
ty and effects Of every nature and kind Whatsoever
and wheresoeyer situated or being, embraced by the
mortgages executed by the Portsmouth and Roam
oke Railroad Company TO the president and diree-
tors Of the board Of public works" particularly
specified in the said act.
Such title only win be conveyed TO the purchaser
as the Commonwealth has to the said road, proper
eny, &c.
By order Of the president and directors Of the board o.
j. BROWN, G., I'd Auditor.
MEM0s-The portion Of this road which lies IN
North Carolina is claimed adversely To the mort
ages Of the board Of public works by persons who
profess 20 hold il under the laws Of North Carolina.
IL is 10 be understood that the title TO such portion -
to be adjudieated according TO the laws and by the
courts Of lha, State, and must be taken al the Pur-
ehaser's own hazard. J. ,jr., I'd Aud.
Cd auditors Office, July Sd 1886
The following is a copy of the act referred to in
he foregoing notices
Guar. llS.-AN ACT directing the board Of put
lie work to sell the Portsmouth and Roanoke
railroads. and incorporating the purchasers thereo
by the name Of the Seaboard and Portsmouth
railroad
Passed February n, 1876
l. Be Il enacted That so soon = the stock
holders Of the Portsmouth and Roanoke Rail
road Company" or a majority thereof IN
ID
for such purpose, shall give their assent to 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.
reeors Of the board OF public works shall sell all the
estate, property, and effects, Of every nature and
kiad 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 recorded in the
clerks Office Of Norfolk county court; and the sec
ond dated the fourteenth day of October, eighteen
hundred and thirty-nine, recorded In the county
court of Halifax, in the State Of North Carolina
together with all the franchises, rights, privileges,
and immunities, belonging or appertaIning to The
Portsmouth and Roanoke Railroad Company, as
well in Virginia as in North Carolina upon the fol-
lowing terms: the sale to be at public auction, be-
fore the courthouse Of Norfolk county in the town
Of Portsmouth, after sixty days notice Of the time
add 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 the president and directors OF
the board Of public works, for the proceeds paya-
BILE in six equal annual instalments The purchasers
psO aete by the purchase, shall become body polite
and corporate, by the name and style Of "lhe Sea
board and Roanoke Railroad Company" and shall
hold use, enjoy, and employ the road, and all tn,
other properly and effects Of every nature and kind
aforesaid, Of the present company, with all the
franchises rights, privileges, and mmunities grant
ed TO and conferred upon II, at any time heretofore
by this State and the State Of North Carolina in as
ample manner as the legislature Of this State can
transfer them, subject in all respects, and in every
thing, to all the duties, regulations, and penalties
quired, 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 eniitlct IN act prescribing certain gen
era regulations incorporation of railroad COM
panes," pas ed ma eleventh, eighteen hundred
and thrty-seyen. Inc 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
priority the mortgages aforesaid, to the pres
dent and directors of the board Of public works
aforesaid. .....r..... .. ....
2 That the nett proceeds of said sale shall be APP
piled, under the direction of the superior court of
chaneery for the Richmond circuit, in the suit now
pending in said court between Francis T. Rives and
the board of public works and Others according to
the legal prorities of the claims Of the board oil
public works under the said mortgages of May the
fourth, eighteen hundred and thirtyeght 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 a priority
over the said claim Of the board of public works
And if any suit suits in chancery be now pend
ing, or shall be hereafter brought in any of the
other circuit superior courts Of law and chancery
nf tha Of
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 su-
perior court of chancery for the Richmond circuit
to be there proceeded in and decided Provided hop-
eper, That any party to any such suit or SUITS who
may think himself or themselves aggrieved by any
decree of said court shall be entitled to apply for,
and If proper, to obtain supersedeas from the court
Of appeals to such decree, precisely in any other
case decided by the said circuit superior court OF
chancery for the Richmond circuit
8. The corporate existence of the Portsmouth
and Roanoke railroad company, Notwithstanding
any sale that may be made under this act shall be
continued so far as it may be necessary in its name
TO conduct, TO institute and carry on any suit or
suits, to its their final completion and satisfac-
ton. '..
L. BE 1t further enacted That the sale Of said road
shall be made by the board Of public works in all
respects, mot hereinbefore provided for provid
ed IN the general law passed the eighteenth day of
March, eighteen hundred and fory-one; and the
said board shall bid for the road such price they
shall think the value thereof
5. Be further enacted, That if 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
ternal Improvement, shall become the owner either
directly or by agent or otherwise, of the said Ports
mouth and Roanoke railroad, hereby authorized to
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
6. BE u further enacted That it shall be the dutv
of the board of public works of Virginia, and thew
hereby required, so to regulate, from time 70
time, the fare for passengers on each railroad be-
tween Weldon and Portsmouth, and between We'll
don and Petersburg, as to prevent injurious COM
petition by reducing the fare OF by either Of the
said roads, either by direct Lowing of such IA re- or