The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-08-25

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FRIDAY, the 4th day of September pext ,t Is
O'clock before tho Court House oc Norfolk coun,v
IN the Town OF Portsmouth,, To sell by public auc.
ton, on the terms, limitations and provisions .ot
forth in said act, GO all the estate p,opertv ana 81
iects OF every nature and kind whatsoever, and
whcresoevcr situated or being, embraced by the
mortgages executed by the Portsmouth and Ro
an"ke Rail Road Company to the President and
Directors of the Board of Public Works. pnrtiou
lsrly specified in the said act.
such title only vii he conveyed to the purchaser
as me commonwealth has 10 the said road, prper-
ty, &c. p'"po'
BY ORDER oFTHE PRESIDENT s. DIRECTORS
Of The Board of Pablic Uyorks:
J. BROWN, Jr. I'd Auditor
MEMO The portion OF this road which lies in
North Carolina is claimed adversely to the mort
Cages of the Board of Public Works. by persons
who profess TO hod il under the la s of North Caro-
lima 1t is to be understood that the title to such
portion Is to be aojudicaed according to the laws
ana ny the Courts OF that State and must be taken
at the purchasers own hazard.
j. b. Jr., I'd Aud.
The following is copy of the act referred to in
the foregoing notice =
CHAP. IlS.-An ACT directing the Board of pub
NC W orks to sell the Portsmouth and Roanoke
hailroad, and Incorporating the purchasers there.
OF by the name of the Sesboard and Portsmouth
Rail Road.
Passed February 81, 1916
J.. ne II endcted, That so the stockholders
oil the I" Portsmouth and Roanoke Rail Road Conn
pany, or majority thereof, in any gene raj meet
ing or special II Getting convened for such purpose
shall give their assent to sale of the Portsmouth
and Roanoke Rail Road, under the mortpa res and
on the terms and conditions hereinafter set forth
the President and Directors of the Board o Pnblic
WORKS snail sell all the estate, property and effects
m every nature and kind whatsoever, nd whercso.
ever situated or being, embraced by the mort@a ecs
executed by the Portsmouth and Roanoke Rail
Road Company to the President and Directors of
the Board OF Public Works atoresaid the first da
ted the fourth day of May. eighteen hundred and
irty-eight, recorded in the Clerks Office of Nor
iolk county Court, and the second dated the four
tecnth day OF October, eighteen hundred and thir
ty nlne. recorded in the Countv.Court of Halifax
IN the State of North Caroliua, together with ALI
the franchises, rights, privileges and iinnunities
hclouging or appertainng to the Portsmouth and
Roanoke Rail Road Company, AZ well in virginia
as IN North Carolina, upon the following terms
the sale To be at public auction. before he Court
House OF Norfolk County. in the town of Ports.
mouth, after sixty days notice of the time and place
by dVertisement in such newspapers as the Presi
dent and Directors of the Board of Public Works
may select, the purchasers to give bonds with ap.
proved security to the President and Directors Of
the Board of Public Works, for the proceeds nav.
able In SIX equal annual instanents. The pur.
chasers ipso facto by the purchase, shall become
Dody poltlc and corporate, by the name and stvle
OF The Seaboard and Roanoke Rail Road Compa-
ny;' and shall hold, use, enjoy and employ In.
Road and all the other property and effects Of eve
ry nature and kind aforesaid, of the present
Company, with all the franchises rights privileges
and imlnunities granted to and conferred upon it
at any time heretofore by this State and the State
OF North Carolina in ample manner as the lie
glsature of this State can transfer them subiect
IN all respects, and in every thing to ali the du
ties regulations and penalties required prescribed
and enjoyed by any law laws now in force re-
speeding the present Company, and subject to the
provisions of the Act of the General Assem- bly en-
TITLED " an Act prescribing certain general regu.
iatons for the incorporation of Railroad Cornpa-
mes" passed March eleventh. eighteen hundred
and thirty The said sa lc to be subject Ia all
mortgages and deeds OF trusL executed hv the
Portsmouth and Roanoke Rail Road Company and
The claims of any other creditors legally entitled to
priority over the mortgages aforesaid to the Prcsi.
dent and Directors of the Board of Public Works
aforesaid
2 That the nett proceeds of said sale shall be ap
Piled undor the direction of the Superior Court of
Chauccry for the Richmond circuit in the suit nov,
pending in said Court between Francis E. Riyes
and the Board of Public Works and others, accord.
ing to the legal prorities of the claims of the Board
of Public Works under the said mortgages of Nav
the fourth, eighteen hundred and thirty cpht and
October the fourteenth, eighteen hundred and thr.
ty-nne, and of the claims of other creditors of
the Portsmouth and Roanoke Rail Road Company
who shall in said suit absh their right to a pri
orlty over the said claim of the Board of Public
Works. And if any suit or suits in chancerv he
now pending, shall he hcrcafte brou hit in any
OF the other Circuit Superior Courts of Law, and
Chancery, or in any of the County Courts Of this
commonwealth, against the Portsmouth md Roa
noke Rail Road Company, in which the Presiden,
and Directors Of tho Board Of Public Works arc or
may he necessary party, the same shalt be trans
ierred by the Court in which such suit may bc
pending to the Superior Court of Chanccry f.T the
Richmond Circuit to be there proceeded i'm and de.
cided Procided hotoeUe, That any party to any
such suit or suits, who may think himself or them.
selves aggtieved by any decree of said Court aha
be entitled to apply for and if proper tc, Obtain a
SupTs edeGs from the court Of appeals To sncb do.
cree precisely in any other case decided bv the
said Circuit Superior Court Of Chanccrv for The
Richmond circuit
3. The corporate existence of the Portsmouth and
Roanoke Rail Road Company, uotwitbstandino anv
sale that may be made under this act shall bc CON
nued so far rs il may be necessary in lis name to
conduct or to institute and carry any suit or
suits to it's or their final completion and satsfac
ton.
D. BE further enacted, That the sale Of said Road
shall be made by the Board Of Public Works il, III
respects, (not herein before provided for az pro
vdcd in the general law passed the eighteenth div
of March. eighteen hundred aud fortv.one and
the said Board shall bid for the Road such price as
they shall think the value thereof
5. Be further enacted, That if Al the sale of tho
said Portsmouth and Roanoke Rail Road o, at anv
time thereafter, the State of North Carolina or apy
company incorporated in said State for pprposcs f
Internal improvement shall become the owner
either, directly or by agent or otherwise Of the
said Portsmouth and Roanoke Rail Road hcrobv
authorized to be sold, of the said Seaboard and
Roanoke Rail Road the General Assembly of Vir.
GINA hereby the right, by special act of
Legislature or otherwise, to revoke ali che movers
privileges and immunitics TO be conveyed Nv tic
void.
6. BE itfuytFsr enacted, That it shall be tho dptv
Of The Board of Public Works of Virginia and tbev
are hereby required, so 10 regulate, from time n
time, the fare for passengers each Rail Road be.
tween Weldon and Portsmouth, and between w FL
don and Petersburg, as to prevent an injurious
competition by reducing the fare on, or by eitbsr
OF INC said Roads, either by direct levying Of sok
iarc or Dy any combination or arrangement "; IA
any other Rail Road Stage line, or with any lin;
OF STEAMBOATS, on the Chcssteake Bay for such re-
duction Of ARC; and in reference to tho fact Of spct