Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-08-18
SALE OF TIE PORTSMOUTH AND
ROANOKE RAILROAD

SALE OF TIE PORTSMOUTH AND
ROANOKE RAILROAD,
EY PUBLIC AUCTION.
TINE Stakeholder, Of The Portsmouth aud Roanoke
4 Railroad Company having, at n special meeting
convened in the Of Portsmouth on the 10Th day Of
April last. given their i sale Of the said Rail.
road according 10 the provisions Of the Act directing
the BOARD al Public Works 10 sell the Portsmouth and
Roanoke Railroad, aud incorporating the purchasers
thereof by The Of the Seahoard and Portsmouth
Karoad'-pas,ed February 9Th, iS;6, copy of which
is hereto suboIne-pbic notice is hereby gwen all
whom i, may concern that the President anu Directors
OF the Board of Public Works viii, hy their agent pro-
coed FRIDAY the 9Th day of September next II -
O'Clock, before the Court onsc of Norfolk county, IN
thr town OF Portsmouth, 10 sell, by public auction on
the terms, Limitations and provisions set forth in said
act, a The estate, property and effects oil every nature
and kind whatsoever, and @Irrrsorv-r situated or
being, embraced by the mortgages executed by the Ports
mouth and Roanoke Railroad Company 10 the President
and Directors 81 Board Of Pubic Works., partcu-
larry specified in The sili act.
Such ir only Will he conveyed To the purchaser as
the Common wealth has the said road, property
BY order of tr President and Directors Of The Board
of Public Works. J. BROWN, Jr., I'd Auditor.
MEMo.-The portion Of TINS road which lies in North
Carolina is claimed adversely Ia tr mortgages Of the
Board of Public Works by persons who profess 10 hold
il under the laws of North Carolina. II l. 10 be under
stood That the title such portion be audicatcd
according the laws and hy The Courts Of that State
and mus, be ttken al the purchasers own hazard
J. D., Jr., ID Aud.
2d Auditors Once, July I'd, 1916.
The following is ccsy If the act referred 10 in the
foregoing notice
Guar. ll5.--An act directing tie Board Of Public
Works 10 sell the Portsmouth and Roanoke Railroad,
and incorporating the purchasers thereof by the name
al the Seahulrd ana Portsmouth Railroad
cd February -, lsi6
L. Be II enacted, thai The Stockholders Of
III. "Por,nnuth and Roanoke Riilroai Company "
majority thereof IN any general meeting, 81 special
meeting convened Tor such PURPOSE shall eve Their a.
>ent sale oi tir PcItSmoati AMI Roanoke Railroad,
under the mortgages and on the terms aud conditions
hereinafter FORTH the Prrsiehi ami Directors a The
Board ri Public Works shalt sell all the estate. property
and effects Of every nature and kind whatsoever aud
wheresoever situated being embraced by the mort
gaees executed by the Portsmouth and Roanasc Railroad
Company the President and Directors of the Board q"
Public Works aforesaid tae rs dated the fourth day Of
Nay eighteen hundred and thirty eight, recorded IN the
Clerks Office of Norfolk County Court, and the second
dated the fourteenth day &c Ocober eighteen hundred
and thirty nine. recorded III the County Court of Hail
far In tie State oil North Carolina together with all
the franchises, rights, privileges and lmnnnities, be-
longing or apprraining 70 the Portsmouth aud Roanoke
Railroad Company, As wei in Virginia n IN North Ca
rona upun the ulluwin. terms the sale "a br al public
auction before The Count House ne Norfolk county IN
The town If Portsmouth aztec ssty days notice 81 thr
time aud p by advertisement; IN such newspapers ~
fhr President and Directors pf the Board of Public
Works may select; Tie purchasers 10 give bonds, Win
arprovrd security the President aud Directors of the
B,a,d of Public Works, r the proceeds payable IN SIX
equal anrua insaimrus> Tue ror"h"ro'e r~.y--' -
the purchase shall become body pnc anu coIpoaie,
n.
Railroad Company and shall hold, use enjoy and
poy road and all the other property and effects oi
every and KIND a aforesaid, OF tnt present
Company with all The franchises, rights, privileges anu
imnuniiir- granted and confrrrcd upon II, al any
time heretofore by This State and hr State Of Ncrfh
(n,oina in A. annie manner n the Legislature Of
State can rnrsfer them subject IN all respects, and In
every thing all the duties. regulations aud penalties
required prescribed and enjoyed by any law or laws
moss in force rpcctin. tie present company, and sub
int IN III. provisions Of ot the General Assem-
bly, entitled an act prrsrrbin. certain general reila
t11s nf the Incorporation 81 railroad Companies
ri March eleventh, rishsrn hundred ard thirty seven
The sid sale ne subject Ia all mortgages and deeds ~
trust executed hy the Portsmouth and Roanoke Railroad
ompany and the claims nf any otter credit rs legally
entitled 10 urioy the mortgages aforesaid IL The
President and Directors 81 the Beard Of Public Works
aforesaid.
Thatthe nett proceeds Of said sale shall be applied,
under the direction of the Superior Court 81 Ehancciy
for the Richmond Circuit, IN the suit pending
said Court between Ffancs L. Riyes aud The Board OF
Public Works and others. according 10 the legal por
es 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 fourfenth eighteen
hundred and thirty nine andDf the claims oi ANY other
creditors Of the Portsmouth and Roanoke Railroad Com
many who shall IN said suit establish their right 4
prority over The said claim Of the Board OF Public
Works. Aud II any suit or suits IN Chancery be now
pending, shall be hereafter brought IN any OF The
other Circuit Superior Courts Of Law and ChanrrTy, Or
IN any Of the County Courts Of this Commonwealth
against the Portsmouth and Roanoke Railroad Compa-
M, in which The President and Directors Of the Board
Of Public Works may br necessary parry, III"
same shall be transferred by the Court III winch such
sit nav he pending the Superior Court al Ghancrry
for the Richmond Circuit 10 be there proceeded IN and
decided: Prorded hoesrr. That any party TOT any such
suir or suits who may think himself or themselves az
gfeyed by any decree of said Court sall he entitled 10
amply for and II proper, to obtain s1prssdeas ifon me
.!nn; M Appeals 10 such decree precisely ~ IN any
miner case decided ny The said Circuit superior Court Of
chanccry for tlr Richmond Circuit.
2 The corporate existence ~ the Portsmouth ana
Roanoke Railroad Company, notwithstanding any sac
thai NAV he made under Tins act shalt br continued
lar ~ Il be necessary IN IL name 10 conduct, az Ia
institute and carry any suit or suits, TO IL or Their ~
nal completion and saiis!ar,ion
4, Be !, 6srior enacted, That the sale OF sail road
shall be made hv the Board ol Pubic Works IN all re-
sprcs mot hrrerhrfurr provided iOr.) provided ~
,r general law passed the eighteenth day Of March,
eighteen hundred and f'fty one; and .h- sad honfd
stall hid the road such pl!ce rs they shall THINK me
value thereof. r,:,
Portsmouth and Roanoke Railroad NJ any time there
after The state Of North Carolina, or any inniany IN
corporatcd sad State FOR purposes ~ Internal Improve
mcnt shall become the either directly or Ivy
agent or stherwse Of the said Portsmouth and Roanoke
Raj road hereby authorized 10 be sold, or oi the sad
Seaboard and Roanoke Railroad The General Assembly
Of Virginia hereby the right by special ACT "i
Legislature otherwise II revoke all the PAYERS pr
yilesrs and immuntes 10 be- conveyed by the sale Of
said road and 10 declare the same null and void
g. Be il further enGetsd That II shall be the duty Of
the Board of Public Works of Vircinin and they are
hereby required, To regulate from lime 10 uir he
fare for nasseng RS on each Railroad between Weldon
and Portsmouth,. and between Weldon ana fcter-bire
A. 10 prven III ipnron, comPei'i;on oy reducing thr
fare IN or by either Of the said roads, either ny hifect
Lowing of such fare by any combination or arrange
met with any ether railroad or stage me- OF WIN any
lin. M steamboats, on the Chesapeake Bay, for such re-
ducon of are and in reference 10 tne TACT OF sutH
combinations ar any iplIrtus reduction oil aTe as ainr
d ,hs go,rd of Pubic Works shall be the sole Judge
and their order shah nn.aofy on either or both OF
IN. said ,.npan;cs psyrase The stockholders oi the
Petersburg Railroad Company IN general meeting, agree
to this section.
: Bsn further enacted, That, IN case the authorities
nj the Sa,r of North Carolina sall nj any timc ~ r
pal nrocess or otherwise deprive the Petersburg Rail
road Company Of any nf the privileges and advantages
nj ia charer ohtanrd from that stale, by any act mere
oore done or omitted done BY The said Petersburg
Railroad co,nnany or by any means whatsoever pre-
vent The aforesaid Pet-rshaT. Railroad Company from
conducting thrt operations much o! then railroad
AZ ill., within The STATE 0f North Carolina, or on any
mar thereof hy reason al any act heretnie done, ."
oo,tlrd ~ he done by tie Petefsb'g aaf"ad Company
then al the rights, privileges ana ,inW"h'ues hsfens
,,n,ed ~ h. aforesaid ~Piloard and hoInDke Railroad
s.on,nanv .ba CEASE and - determined un the state
NJ North Carolina shall e,n-:ir the Petersburg RAILROAD
Company in all The privileges granted theEi IN th- -e
-, ,c n,ss-d Tor their henrt BY the said state or IN
~ IL s.s,,,urr of virginia snail Otherwise direct -
pr.rs,d hore-er That ;is section shall mol he In "r.s
until The Petersburg Railroad Company shall agree 70 e
,,rdt .ertnn If thI- which conies on thr boaf o
p,n, lyo,ks ,l- coger regulate from rime 10 tne
~ g.. n, r,,...p.r. on each railroad between Wei
dn AMI Rait,more and Weldon AMI Petersburg, as 70
n,eyenl an injurious competition
2 This act shall be in rorcc from the passing thereof
July 7-ewtd5 - % ~ - ~
NOTICE.
AIMS 81