The daily union., 1846-08-25
SALE OF THE PORTSMOUTH AND
ROANOKE BAILRoAD, BY PUBLIC
AUCTION.
a s g. E a

of the said railroad, accorulhS W 'o PiVhs0hs
of ke "Aet directing the board of public works to
sell the Portsmouth and Roanoke Railroad, and IN |
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 1t
may cOncern that the president and directors oil the
board Of public works will, by their agent, proceed
on FRIDAY, the 4th day Of SEPIEMBER
NEXT at IL o'clock, before the courthouse OF
Norfolk county in the town Of Portsmouth, TO sell
by public auction, the terms briiauons, and pro-
visions set forth in said act call tho estate, proper
y, and effects Of every nature and kind whatsoever
and wheresoever situated being, embraced by the
mortgages executed by the Portsmouth and Roam
oke Railroad Company 70 the president and direc-
tors of the board Of public works." particularly
specified in the said act.
Such title only will be conveyed TO the purchaser
as the Common wealth has to the said road, proper
erty, &c.
By order Of the president and directors Of the board @
public uOrkS:
J. BROWN, jr., ID Auditor.
MEMO-The portion Of this road which lies III
North Carolina is claimed adversely to the mort
ages of the board of public works by persons who
profess to hold il under the laws Of North Carolina
Ii is TO be understood that the title to such portion Is
TO be adiudcated according TO the laws and by the
courts Of that State, and must be taken at the Pur-
chaser's own hazard. ). B j., "a AUD
Cd auditors Office, July Sd 1886
The following is a copy of the act referred to IN
he foregoing notice:
Char. ll6.-AN ACT directing the board Of pub
lie work TO sell the Portsmouth and Roanoke
railroads, and incorporating the purchasers lhereo
by the name Of the SeabOaTd and Portsmouth
railroad.
Passed February n, lS46.l
|. Be Il enacted, That so soon as the stock
holders Of the "Portsmouth and Roanoke Rail
road Company" or majority lhereol, N
any general meeting or special meeting convened
for such purpose, shall give their assent TO
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 th'
estate property and effects, Of every nature an
kind whatsoever, and wheresOeyer situated oT L.
ing, embraced by the mortgages executed oy ~
Portsmouth and Roanoke Railroad Company % hr
president and directors Of the board OF paoht SCEAs
aforesaid; the first dated the fourth day Of May,
eighteen hundred and thiry-eIght, recorded IN the
clerks Office Of Norfolk county court and the sec
ond dated the fourteenth day Of October, eighteen
hundred and lhIrty-nine, recorded IN the county
court Of Halifax, in the State Of North Carolina,
together with all the franchises, rights, privileges,
and immunites, 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
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-
BILE in six equal annual nstalments. The purchasers
ipso aco by the purchase shall becomea body poluc
and corporate, by the name and style Of "Ihe 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
as aforesaid of the present company, with all the
franchises, rights, privileges, and immuntes grant
ed to and conferred upon 1t, at any time heretofore
by this State and the State of North Carolina, in
ample manner as the Legislature Of this State can
transfer them subject in all respects, and in every
thing to all the dutes 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 entitled An prescribing certain gen.
eral regulations for the incorporation of railroad COM
panies," passed March eleventh, eighteen hundred
and thrty-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 10
priority over the mortgages aforesaid to the pres-
dent and directors Of the board OF public works
aforesaid.
9 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 Z. Rves and
the board of public works and others, according to
the legal priorities of the claims of the board of
public works under the said mortgages Of May the
fourth, eighteen hundred and thirty and Oco-
Der the fourteenth, eighteen hundred and thirty
nne 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 suits in chancery be now pend
ing, or 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 may be a ne
cessary party, the same shall be transferred by the
court in which such suit may be pending, to the
peror court of chancery for the Richmond circuit,
to be there proceeded in and decided: Provided hour
eusr, That any party to any such suit or suits, who
may think himself themselves aggrieved by any
decree of said court shall be entitled apply for
and if proper, to obtain supersedeas from the
Of appeals to such decree, precisely as in any other
decided by the said circuit superior court Of
chancery for the Richmond circuit.
3. 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 may be necessary in its name
to conduct, or to institute and carry any suit or
SUITS to its or their final completion and satisfac-
ton.
a. Be further enacted, That the sale of said road
shall be made by the board of public works in all
respects (not hereinbefore provided for) provd-
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 as they
shall think the value thereof.
5. BE II 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
nnl ahn NIL fha fhnr
directly by agent 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
Immunes to be conveyed by the sale Of said road /,
and to declare the same null and void.
6. BE it further enacted, That it shall be the duty
of the board of public works of Virginia, and they
hereby required, so to regulate, from time to
time, the fare for passengers on each railroad be-
tween Weldon and Portsmouth, and between Wei
don and Petersburg, to prevent an injurious COM