Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-07-07
SALE OF THE PORTSMOUTH AND
ROANOKE RAILROAD,


ROANOKE RAILROAD
BY PUBLIC ACTION
rI,IiE Stockholders of thr Portsmouth and Roanoke
Railroad Company having. al special meeting.
convened in The town Of Portsmouth on The lch day Of
April last given their assent IL sale Of the sand Rail
road according To the provisions of the Aci directing
the Board Of Public Works 10 sell the Portsmouth and
Roanoke Railroad, and Incorporating the purchasers
thereof by the of the Seabuarh and Portsmouth
Railrodd"passed February 9th, loiG, copy Of which
is hereto subjonrd-pnblic notice Is hereby gwen, 10 all
whom may concern, that tile President and Directors
of the Board Of Public Works WILL hy their sgrnt, pro
coed on FRIDAY, the 18th day Of September nrxi -
o'clock, before the Court House Of Norfolk county, IN
the town of Portsmouth,, 10 SELL by public auction, on
the terms, limitations aud provisions sci forth IN said
act all the estate property and effects Of every nature
and kind whatsoever, and whrrrsnsyer situated or
being, embraced by the mortgages executed ~ The Pnri'
mouth aud Roanoke Railroad Company 10 TIE President
ana Directors al the BnhL Of Pubic works. particn
larry specified III The 81 III aci.
s;nch ill.. only w he conveyed 10 The purchaser as
the Commonwealth ha> Ia the SAID road property, Sc
y order OF tie President afd Directors 81 Tie Board
Of Public Works. J. brown, Jr., ri Auditor.
alrMc-Thc portion Of this road which lies in North
Carolina IL claimed adversely 10 the mortgages oi the
Board of Public Works, by persons who profess 10 hold
il under the laws uf North Carolina. II Is To be under
stood that the lille such portion is 10 br adudicatrd
according to the laws and BY The Courts Of that State,
and mus, be taken at the purchasers own hazard,
J. D., j., I'd Aud.
I'd Auditors Office, July Sd, 1916.
The following is copy Of the act referred to in the
foregoing notice
Char liS-an act directing The Board Of Public
Works 10 sell thr Portsmouth and Roanoke Railroad,
and incorporating tie purchasers thereof by tie name
Of the Seaboard ami Portsmouth Railroad
Passed February -, 1876
l. BE il enacted that soon n the Stockholders NJ
the "Pult-noiith and Roanoke Rtliinai Company, or
Il majority thereof in any general meeting. or special
meeting convened "a. suc purpose. -hall give ihcr
sent Ia a sale of the Portsmouth and Roanoke Railroad,
uuhrn ifIaf
hereinafter forth. the President and Directors Ct the
Board Of Public Works shall sell all the estate, property
and effects at every nature and kind whatsoever, and
wheresoeyer situated hein., embraced by The mort
cages executed by tr 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 and thirty eight recorded III the
Clerks Office OF Norfolk County Court ahh the second
dated The fourteenth day Of October, eighteen hundred
49,, Ibtv nine recorded in the Cnanty Court of Hall.
r., IN The State uf North Carolina, together with ell
,hc franchises, rights privileges aud inmnilles, be
hanging or apperiainn. 10 the Portsmouth and Roanoke
Railroad Company ~ Wei IN virginia is IN Nnfta "a
rI,n, uuon The following terms sale 10 he al public
auction before ths Court House OF Norfolk county, III
the town al Portsmouth after siNfy diys aptc 81 the
lime and pl.c. by advertisement III such newspapers y
the President and Directors ef the Board Of Public
Works mas select; The purchasers Ia give honds, win
aproved security the President aud Directors 81 the
Board Public Works, for the proceeds payable IN SIX
equal annual instruments. The purchasers so tdefo by
the purchase shall becomr body polite aud corporate
by HE name and style of the Scahcard and Ronoakr
Railroad Company" and shall hold, use, enjoy and EN-
ploy The road and all the other property AMI effects o
every nature and kind, as aforesaid, OF the present
Company with all the franchises rights, privileges ana
imInunites granted 10 and conferred upon II, AZ any
time heretofore by this State and the state of Nnth
Carolina in ample rs the Legislature oi hls
State can transfer tem subject IN all respects ana W
very thing 10 all the duties, regulations ana penairs
reuuired prescribed and enjoyed by any law or laws
NOW in fnrcr respecting the present ofnhy, ana SUD
jrrt 10 the provisions Of the act 81 The Gthea Assem-
nv entitled "an prescribing certain general reenia
49, ndr ltnVs mi t-Dn-l
I'd March eleventh. eighteen hundred and thirty seven
The said sale he subject 10 all mortgages and deeds o
trust executed by the Portsmouth ana hoannkc haoad
COMPANY and the claims Of any other creditr legally
entitled 10 priority over the mortgages aforesaid 10 The
President and Directors OF the Board OF Public Works
aforesaid. ,,u,
Thai the nett proceeds of said sale shall be applied,
under the direction of the Superior Court OF Chancery
for the gchmnnd Circuit, in the suit now pending IN
said Cont between Francis E. Rives and The Board OF
Public Works and others, according 10 lilc eshi prio
ties Of the claims of the Board Of Public Works under
The said mortgages Of May the fourth, eighteen hnnhrcn
and thirty eight and October the fourteenth, eighteen
hundred and thirty nnr and OF the claims o any other
creditors cf the Portsmouth and Roanoke Railroad Com
pany who -all in said suit establish ihcir ch 70
priority over The said claim of The Board oil fuDHc
Works. And if any suit or suits IN Ilancefy We now
pending or shall liz hereafter brought IN any oil The
other Circuit Superior Courts of Law ana C'ancery OF
in any Of the County Courts Of this commonwealth,
against the Portsmouth and Roanoke haiifcau .anP'
nv in which the President and Directors oi thr boaIu
Of Public Works may be necessary parry, tue
same shall be transferred by the Court ~ winch shch
may he pending, 10 the Superior Court ol Chancery
for the Richmond Circuit 10 lie there proceeded IN anu
decided Prordfd hocersr, That any party 10 any sch
suit SUITS who may think himself or themselves ae
greved by any decree OF said Court sa pe emitted 70
apply for, and, II proper, To obtain rom nc
Court Of Appeals such decree, precisely AS IN any
other case decided by the said Circuit Superior Court oil
Chancery for the Richmond Circuit.
s. The corporate existence nj the Portsmouth anu
Roanoke Railroad Company, notwithstanding any sa'c
that may be made under this ACT shall he continued SO
far may be necessary in liz name 10 cnnduci or "a
institute and carry on any SUIT or siii, 10 us OF tet IL
nal completion and shtisartion .
l. Be il further enacted, That the sale OF SAID road
shall be made by the Board Of Public Works IN all re-
snects (no hcrenbeorc provided or,l as provided IN
the general law passed the eighteenth day "f March,
eighteen hundred and nrly-une; and iIr saih boafd
shall bid for The road such pice rs they snail thinK INC
value thereof. c,.
/ n, il further enacted That it. n the sale Of the said
Portsmouth, and Roanoke Railroad or NJ any time there
after the State Of North Carolina or any Company IN
corporatrd in said State tor pifposesui plo,e
ment, sha become the owner, ether uHectiy VI Ny
agent or otherwise Of the said Portsmouth ana ROANOKE
Railroad, hereby authorized 10 be son, OF OF Tue sa,o
Seaboard and Roanoke Railroad, Inc "eheia Assembly
of Virginia hereby the rsht by sec' act OF
Legislature or otherwise To revoke all inc powers pr
veges and mmunities to be conveyed 6y me SAFE Oh
said road, and TO declare thr same null ana So'd.
G. Be further enarted, That u snail he the dutv OF
thr oard of Public Works of Virginia, and they are
hereby required, 10 regulate. from Time U" inr, Tue
fare for pa scng.rs on each Railroad nrtwrsn weldon
and Portsmouth, and between Neih"H niu 's""i
a 10 prevent injurious camp tlo, ny ,euncihs Tue
fare an or by either Of the said roads, elmer ny dfec'
lcvying Of such fare or by any communion OF arrange
nent with any other railroad or stage ',ne, OF WIN any
line Of steamboats, on the chesapeake bay, for such re-
duction of are; and in reference 10 the iaft oil such
combinations or any injurious reduction OF lare as ai.fe
said the Board pf Pubic Works slai be ,he sore Judge
and their order shall be obligatory on ene, or po.h
the said Companies PrOrdtd, The STOCKHOLDERS "i li'
Petersburg Railroad Company, in senera mee'he, agree
to this section. =.
l. Be further enacted, That IN case the authorities
nj he State of North Carolina shall. AT any time, ~ lr
pa process or otherwise, deprive the Petersburg Rail
road Company of any of the privileges ana advantage
of It's charter obtained from That state ny any act here
lofoe done or omitted he done by the said feersbr
Railroad COMPANY, or by ANY means whatsoever PIE
vent the aforesaid Petersburg Railroad Company iron
conducting their operations on 50 inac OF ihe railroad
rs lies within The Stale of North Carona, or on an
part thereof by Of any act hrfeoiufS dohe,
om be done by the Petersburg haiifoaa oo'lpah!
then all the rights, privileges ana inhuhiiies hrfeo
granted 10 in. aforesaid eahoard a'd Roanoke tailfo
Company shall cease and he determined until the stat
of Moth Carolina shall rensaie the petersburg haroa
Company in all the privileges granted them IN the seVe
raj acts for their benefit by Inc sara stale or III
Ill the Legislature Of Virginia snail otherwise airect :
Prcrided horerer That this section -hal MOI nc III ofc
until the Petersburg Railroad Company sha agree 10 IN
hirds section Of this act, which cohets on le ala
Public Works The power SO to requisite from .e 10 I'M
the fare for messengers on each railroad between We
don and Baltimore and Weldon ana petersburg, as
prevent an injurious competition.
INV 7.cw,ds J. B. "a, ID Aud.