The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-07-16
SALE OF THE
PORTSMOUTH s. ROANOKE
RAIL ROAD
BY PUBLIC AUCTzOY.

RAIL ROAD
BY PUBLIC AUCTION.
esSa sss ts;s54 3E2l'7a sd
The Stockholders of the Portsmouth and Roanoke
Ran Road Company, having at a special meeting
convened in the Town of Portsmouth on the lodi
Gay OF April last, given their assent TO sale of the
SAID Rail Road, according the provisions OF the
Act directing ne Board 9f Public Horks to sell the
Portsmouth and Roanoke Rail Road. and incorpora-
ling The pur cho@rs thereof by The name of he Sea6card
and Portsmouth Rail Road, S-passcd February 27th,
$40 acopy OF which Is hereto subjoined,-P
Notice is hereby given to all whom II may concern
that the President and Directors of the beard of
Public Works will, by their agent proceed on
FRIDAY, the 4th day of September next nj 10
O'Clock, before the Court House of No, folk county
in the Town of Portsmouth, to sell by Public auc,
ton, on the terms, limitations. aud provisions set
forth in said act all the estate pioDsrtv and Of
iects oil every n"tur" and kind Whatsoever and
whet csoevcr situated or being. embraced bv Tho
'norisagee executed by The Portsmouth, and Ro-
anoke Rail Road Company to the President and
Directors of the Boar of Public Works ;, pnrticu
larry specified in the said act.
Such title only will be conveyed to- the purchase,
as the Commonwealth has to- the said road nrnneI
BY ORDER OF TUE PRESIDENT & DIRECTORS
Of tie Board Of Public JIorks:
j. BROWN, Jr I'd Auditor
MEMO The portion of this road which Ii in
North Carolina Ia claimed adversely to the mort.
Cages of the Board of Public Works by nersons
who profess TO hold il under the lave of North Caro-
lima. IL Is to be understood that the title 10 such
portion is to be adjudicated according to the laws
and by The Courts of that State and must be takcn
Mt the purchasers own hazard.
- j. D. Jr., 81 Aud.
The following is copy of the act referred to in
the foregoing notice
CHAP. lis.-An ACT Directing The Board or prh
nc w ork to sell the Portsmouth and Roanoke
Railroad, and Incorporating the purcha scrs there
of by the name of the Scaboard and Portsmouth,
Rail Road.
Passed February 81 1851
l. BE it enacted, That soon as the Stockholders
of the GO Portsmouth and Roanoke Rail Road Com.
pany,' OF majority thereof in any gene raj meet
ing, special II Getting convened for such nurposc
shall give their assent to a sal of the rtsnoutb
and Roanoke Rail Road, under the mortgages and
on the terms and conditions hereinafter set forth
the President and Directors of the Board Of Public
Works shall sell all the estate propcr nd effects
"f every nature and kind whatsoever and whercso.
ever situated or being, embraced by the MORTGAGES
executed by the Portsmouth and Roanoke Rail
Road Company to the President and Directors of
the hoard OF Public Works aforesaid; the first da
ted the fourth day Of May eighteen hundred and
thirtv eight, recorded iii the Clerks Office of Nor.
folk County Court, and the second dated the four
tccn!h day OF October, eighteen hundred and thr.
~ nine. recorded in the County Court of Hafax
in the State of North Carolina together with nlI
the snchises rights, privileges and irnmunitics
belonging or appcrtainng TO the Portsmouth, ard
Roanoke Rail Road Company a well in Vir,;r;.
as in North Carolina, upon the following terms
the sale to be at public auction before tho Court
mouth, after sixty days notice of the time nd nlacc
by advertisement in such newspapers as the Tircsi
dent and Directors of the Board of Public Works
may select, the purchasers to give bonds with an.
proved security to the President and Directors IF
the Bonrd of Public Works for the N oc Gods nav.
able in six equal annual ustal;ncuts tn III
Chasers ipsoJdcto by the purchase shall become n
body polite and corporate, By the name and stvlc
ot " The Seaboard and Roanoke Rail Road Comma
N.Y.; and shall hold, use, enjoy and employ the
Road and all the other property and cfTcris ~ o,,
ry nature and kind, as aiore<aid of the present
Company, with all the franchises rights privilcmcs
and immunities granted to AMI conferred ur ON II
at any time heretofore oy this State and The Sntc
of North Carolina, in ample manner as tho l.,
9islSture oi 'hie state can transfer them, subject
in all respects, aud in every thing TO ali tbc liz
ties. rcgula and penalties lcouircd prcscrhed
and enjoyed by any law laws now in force re-
spccting the present Company, and subject IN tbc
PROVISIONS of the Act of the General Assembly, en-.
titled g am Act prescribing certain rcnc raj rcgn
latons for the incorporation of Railroad Comma
Mes passed March eleventh, eighteen hun,jrcl
and thirty seven. The said sale TO be subject ~, ali
mortgages and deeds OF trust executed bv III.
Por tsmonth and Roanoke Rail Road COMPANY. and
the G. aims of any other creditors legally entitled
priority over the mortgages aforesaid to tho prci
dent and Directors of the Board of Public WORKS
aforesaid. %
. That the nett proceeds Of said sale shall be an
piled, under the direction of The Superior Court of
Chanccry for tho Richmond cit cult in the snit now
pc ndng IN said Court b.twccn Francis E. Rivcs
and the Board Of Public Works and others accord
ing to the legal prloriics of the claims of the Board
OF Public Works under the said mortgages of MAJ
INC IOuFtn, eighteen hundred and thif
october the fourteenth, eighteen hundred and thr.
ty nine and of the claims of any other creditors of
the Portsmouth and Roanoke Rail Road Company.
who shall in SAID suit est abli IN their ,, Ri In ~;
GRITTY over the said claim of the Bpurd If p,,bI;,
Works. And if any suit suitz in chancerv be
now pending, or shall be hereafter brought in any
OF the other Circuit Superior Courts of I,v ana
Chanccry, or IN any of the County Courts of tbi.
commonwealth, against the Portsmouth and Roa
n"kc Ran Road Company, in which the President
ana Directors OF the Board of Public Works arc mr.
may be essary party. the same shall be tr,na
icrrcd by the Court in which such suit ma, Lo
PcndiuE, to the Superior Court of Chanccry for the
Rlc mond Circuit, to DC there proceeded in and de-
C dod Prorided hoICerfr, That any party To an,
such suit or suits, who may think himself or trr
selves agg'ieYed by any decree Of said Court shall
be entitled to apply for, aud if proper to Obtain
supTSedeas from the court Of apaca'a to surh dc
cree, precisely as in any other case decided bv the
Richmond circuit " ''
3. The corporate existence of the Portsmouth and
Roanoke Rail Road Company, notwithsiandinr any,
safe That may nc mace under this act, shall be cor
tnuc' so Tar as may be necessary in its name to
conduct, or to institute and carry on nnv anil ar
suits, to its or their final completion and satisc
ton.
4. Be uftether enacted, That the sale Of said Road
shall be made by the Board Of Public Works in ali
respects (not herein before provided for as pro.
of March, eighteen hundred and forty.onc: and
the sat Board shall bid fo the Road suoh price as
they shall think the value thereof
8. Be IL further enacted That if at tho sal If tho
SAID Portsmouth aud Roanoke Rail Road or M anv
tine thereafter, the State OF North Carolina or any
company incorporated in said State for purposes Of
internal improvement shall become the owner
either directly or by agent or other wise Of the
said Portsmouth, and Roanoke Rail Road, hereby
authorized to be sod, or of th; said Seaboard and
Roanoke Rail Road, the General Assembly of Vir.
giuia hereby reserves the right by special act of
legislature or otherwise, to revoke all .hc powers
privileges and immnnitics TO be conveyed by the
sale VI said Road, and to declare the same null aud
void.
g. Be IL further enacted That ii sha ! be tho dn,v
Of tho Board of Public Works OF Virginia aud thew
arc hereby required so To- regulate from time 10
tween Weldon and POrtsmp nth, and between Wi
don and Petersburg, 10 prevent an iuinrion,
competition by reducing the fare on or b.; ci,i,os
of The said Roads, eith-r by direct leyvinor ~ g,I
g. f,.,, ~r,, ..