Mud-' Company, or works con-j
strutted under the auinoncy 01
tins act, and all profits which
shall accrue from the same,
shall be vested in the respective
shareholders of the Company
forever in proportion to their
respective shares, and the said
shares shall be deemed person
al estate, and the property of
said Company only the shares
therein shall be exempt from
any public charge or tax what
soever. 13. And be it farther enacted,
That so soon as nine miles of
said Road shall be completed,
and as often thereafter as any
other section of like length
shall be completed, the said
President and Directors shall
transport all produce or other
commodities, that shall be de
posited convenient to said Rail
Road and which they shall be
I
required to transport to any j
place to wine ii tne said liail j ceive donations, and to uorrow
Road may have been coinple- money for the objects of thi3
ted, in the order in which the act, and to pledge the property
Company shall be required to of the Company for the pay
transport the same, after it shall meutofsuch loans, and to make
have been deposited, convenient
to said Rail Road, so that equal
and impartial justice shall be
done to all the owners of pro
duce or other commodities in
the transportation thereof by
the Company Provided, the
owner of produce or other com
modities, required to be trans
ported by said Company on said
Rail Road, shall pay or tender
to said Company at their toll
gate or gates, the toll due on
such produce or commodities
under this act. And it shall
be lawful for the President and
Directors of the said Company,
and they are hereby authorised
to erect on such section or sec
tions, a toll gate or gates, and
they shall be entitled to de
mand and receive a sum not
exceeding the following rates,
(viz:) On goods, produce, mer
chandize, or property transpor
ted, not exceeding four cents a
ton per mile for toll, and eight
cents a ton per mile for trans
portation; and for the transpor
tation of passengers not exceed
ing six cents per mile for each
passenger, until the nett profits
received shall amount to a sum
equal to the capital stock ex
pended, with six per centum
per annum interest thereon
from the time the money was
advanced by the stockholders,
until received back in the nett
profits: But when the nett pro
fits, received as aforesaid from
the tolls aforesaid, shall have
amounted to a sum equal to the
capital stock expended as afore
said, with six per centum per
annum interest thereon afore
said, then the tolls which the
said President and Directors
shall be entitled to demand and
receive for transportation of
produce or other commodities
on the said Rail Road, shall be
fixed and regulated from time to
time by the Governor, or such
other person as maybe appoint
ed by the Legislature for that
purpose, so as to make them
sufficient in his or their estima
tion to yield a nett profit equal
to ten per centum per annum
on the capital stock expended
in making and completing the
said Rail Road, over and above
what may be necessary for the
repairs and renewal of the same.
The President and Directors of
said Company shall at, or short
ly before each session of the
Legislature, report to the Go
vernor, or such other person or
persons as the Legislature mav
iieieafmr aoooint for tW
ot capital stock expended in the
"ruction of ,,4 said Ro'ad,
the amount of tolls received
during each year, the expences
and elurges incurred during
dach year,and the nett annual
profit or loss on the capital ex
pended: And it shall not be law- ,
ful for any other Company, or
person or persons whatever, to
travel upon or Use the Road of
said Company, or to transport
persons, or property of any de
scription along said Road, with
out the license or'pcrmission of
the President and Directors of
said Company: And nothing
herein contained shall be con
strued to prevent said Compa
ny from making contracts for
the transportation of the mail
upon such terms ns may be
agreed on, between said Com
pany and the agentsof the Uni
ted States.
14. And be it further enacted,
That st shall be lawful for the
Company hereby created to re-
and issue proper evidences of
such loans anil assurances for
the re-pavment thereof.
15. And be it further enacted,
That it shall and maybe lawful
for the Company hereby crea
ted, to construct all such bridges
as it may be necessary for them
to erect, for tho purposes of
their Rail Road as to airord ge
neral accommodation to all tra
vellers; and to demand and re
ceive from ail persons passing
over, or using such bridges a
reasonable toll, which shall in
no case exceed the highest rate
of toll now allowed bv law on
any bridge in this State Provi
ded, however, that no toll shall
demanded for using said bridge
or bridges on account of either
property or person passing along
the Rail Road and paying toll
therefor.
16. And be it further enacted,
l hat it shall be lawful for said
Company to erect scales at the
toll-gate or gates, to weigh the
burthen of any wagon, carriage,
machine, or other vehicle, used
in transporting produce or other
commodities along said Rail
Ro'.id.
17. And be it further enacted,
That an annual meeting of the
proprietors of the stock of said
Company shall be held at such
time and at such place in each
year, as the stockholders at
their first general meeting, or at
any subsequent general meet
ing, may appoint, to constitute
which, or any general meeting
called by the President and D
rectors according to the provi
sions of this act, the presence
of proprietors holding a majori
ty of all the shares, shall be ne
cessary, either in person or by
proxy properly authorised; and
if a sufficient number do not at
tend on that day, or anv dnv
appointed tor a general meeting
called by the Directors as aforc
said, the proprietors who do at
tend may adjourn from time to
time until a general meeting
shall be had. ta
18. And be it further enacted,
1 V?Un cunting all votes of the
said Company each member
shall be allowed one vote for
each share as far as ten shares,
and one vote for every five
shares above ten by him held at
the lime in the stock of stock
of said Company.
19. And be it further enacted,
That the President and Direc
tors shall render distinct ac
counts of their proceedings, and
disbursements of money, to the
. n " . J
annual meeting of the subscri
bers. 20. Andbe it further enacted,
That so soon as said Rail Road
shall be completed, the Presi
dent and Directors of the said
Company, or a majority of them,
shall semi-annually declare and
make such dividend from the
nett profits, from the tolls here
in granted, as they may deem
advisable to be divided among
the proprietors of the stock of
said Company, in proportion to
their respective shares.
21. And be it further enacted,
That after said Rail Road shall
be completed and put into ope
ration, if the said President and
Directors shall by reason of the
said Rail Road being out of re
pair, or from any other cause,
fail or neglect to transport any
produce or other commodities
which shall be deposited conve
nient to said Rail Road, and
which the said President and
Directors shall be required to
transport as aforesaid, the toll
for transportation being tender
ed, as a penalty for such failure
or neglect the Company shall
be liable to the party injured by
such failure or neglect.
22. And beit further enacted,
That if any toll-gatherer, at any
gate, to be erected by authority
of this act, shall ask, demand,
or receive any other, or greater
tolls than are herein allowed,
he shall forfeit and nay to the
party aggrieved thereby two
dollars for every such offence,
recoverable with cost by war
rant before anv Justice of the
Peace; and if such toll-gatherer
being at the time of incurring
such penalty in the service of
the Company, shall be unable
to pay the judgment recovered
against him, the said Company
shall be liable to pay the same.
23. Beit further enacted, That
if the said President and Di
rectors shall not begin the said
work, within three years after
the passage of this act, or shall
not complete the same within
ten years thereafter, then the
interest of the said Company in
the said Rail Road and the tolls
aforesaid, shall be forfeited and
cease.
24. Beit further en acted, That
the President anil Directors
shall cause to be written or
printed, certificates for the
shares of the stock in said Com
pany, and shall deliver one such
certificate signed by the Presi
dent and countersigned by the
Treasurer, to each person for
every share subscribed by him,
which certificate shall be trans
ferable by him subject however
to all payments due thereon;
and such assignee having first
caused the transfer or assign
ment to be entered in a book to
be kept by the Company for
tnat purpose, shall thenceforth
become a member of said Com
pany, and shall be liable to pay
all sums due or which shall be
come due upon the stock as
signed to him Provided, how
ever, that such assignment shall
in no wise exempt the assignor
or his representatives from their
liability to said Company for
the payment of all such sums, if
the assignee or his representa
tives shall be unable or shall
fail to pay the same.
25. Be it further enacted, That
if the said President and Direc
tors, or a majority of them, can
not agree with the proprietors
for the purchase of any such
quantity of ground, not exceed
ing one acre, at any one place
as may be necessary for a toll
house, or a house to cover any
stationary engine, or for any
other necessary purpose, it shall
and may be lawful for the Pre
sident and Directors to file a
petition in the Court of Plpn
and Quarter Sessions of the
county in which the land lies j
. -a tlirt ir trr it tr f fill I
aijaillfi'L iiwnviii 1
land, setting iorin me circum
stances; and it being made ap-
nnr to the satisfaction ot such
Court, that the President and
Directors have caused the pro
prietor of such land to be noti
fied ten days before Court, the
said Court shall order the She
riff to summon a jury of good
and lawful men, who after hav
ing taken an oath, which oath
the Sheriff or his deputy is
hereby authorised to administer,
that they will assess the dama
ges which such proprietor will
sustain, by reason of the con
demnation of such land, shall
assess the amount which the
petitioners ought to pay to such
proprietor; and the said jury in
assessing such damages, shall
take into estimation the benefit
resulting'tosaid proprietor from
constructing said Rail Road
through or near the lands of
said owner or proprietor, but
only in extinguishment of dama
ges; and upon payment of the
value found by the jury upon
any such proceeding, to the
proprietor of the ground so
condemned by the jury, or up
on the payment thereof into
Court, where for good cause
shewn the Court, shall have or
dered it, the said President and
Directors and their successors
shall bo and stand seized of the
ground so condemned in fee sim
ple. If any person or persons
shall wilfully by any means
whatsoever, injure, impair, or
destroy any part of the Rail
Road constructed by authority
ol this act, or any of the neces
sary works, buildings, machines,
wagons, vehicles, or carriages,
such person or persons shall be
punished according to the laws
which may be in force in thi:
State at the time, for the pro
tection of the public works or
property of the State.
26. And be it further enacted,
1 hat the Corporation shall ex-
. . i
ercise tne corporate powers
hereby granted for ninety years
and no longer, without a renew
al of the charter.
27. And be it further enacted,
lhat lull right and privilege
are hereby reserved to the
State, or to any Company here
after to be incorporated under
the authority of this Stale, to
connect with the Road hereby
provided for any other Rail
Road leading from the same to
any part or parts of this State
1 rovided, that in forming such
communication no injury shall
be done to the works of the
Company hereby incorporated.
23. And be it further enacted,
That such compensation shall
be made from time to time, to
any of the officers, servants, or
agents of the Company as the
proprietors in general meeting
shall prescribe, or may author
ise tho President and Directors
to allow.
(Read three times and ratified
in General Assembly, this
14th day of January, 1832.)
Chs. Fisher, S. H. C.
D. F. Caldwell, S. S.
State of North- Carolina,
Secretary's Office.
I hereby certify that the foregoing
is a true copy. Given under my hand
this 26th day of January, 1832.
W. HILL, Sec'y.
AN ACT
For the better regulation of the con
duct of negroes, slaves and free
persons of color.
1. Be it enacted, by the Ge
neral Assembly of the State of
North-Carolina, and it is hereby
enacted by the authority of the
same, that it shall not be lawful
under any pretence for any free
negro, slave, or free person of
color to preach or exhort in pub.
lie, or in any manner to officiate,
as a preacher or teacher in anv
prayer meeting or other associ
ation for worship where slaves
of different families are collect
ed together; and if any free ne
gro or free person of color shall
be thereof duly convicted on in
dictment before any Court hav
ing jurisdiction thereof, he shall
for each offence receive uot ex
ceeding thirty-nine lashes on
his bare back; and where any
slave shall be guilty of a viola
tion of this act, he shall on con
viction before a single mamo.
trate receive not exceeding thir
ty-nine lasnes on nis bare back.
If. Andbe it further enacieH
by the authority aforcsaidVhnt
it shall not be Jawlul for anv
slave to go at large as a free
man, exercising his or her own
discretion in the employment of
his or her time; nor shall it be
lawful for any slave to keep
house to him or herself as a free
person, exercising the like (lis
crcssion in the employment of
his or her time; and in case the
owner of any slave shall consent
or connive at the commission of
such offence, he or she so of
fending shall be subject to in
dictment, and on conviction be
fined in the discretion of the
Court not exceeding one hun
dred dollars: Provided, lhat no
thing herein shall be construed
to prevent any person permit
ting his or her slave or slaves
to live or keep house upon his
or her land for the purpose of
attending to the business of his
or her master or mistress.
SENATE.
Tuesday, Feb. 7. The Sen
ate was again occupied with the
resolution on the subject of the
Tariff. Mr. Hill spoke atsoma
length in reply to Mr. Clay, and
Mr. Mangum commenced and
progressed considerably in his
argument against the resolution
and the protecting system.
Wednesday, 8th. -The con
sideration of Mr. Clay's resolu
tion was resumed. Mr. Man
gum spoke about two hours in
conclusion of his speech against
the resolution.
Thursday, 9th. The consi
deration of Mr. Clay's resolu
tion was renewed, and Mr. Ty
ler spoke about one hour in op
position to it, when he gave
way to a motion to proceed to
Executive business.
Friday, 10th. The resolu
tion submitted on Wednesday
by Mr. Sprague, declaring that
the arrangement respecting the
Colonial Trade, lately entered
between the United States and
dreat Britain, is disadvantage
ous to the interests of the Uni
ted States, and was unauthori
zed by the Act of Congress of
29th May, 1830, was taken up,
and on motion of the mover,
laid on the table for the present.
Mr. Clay's resolution was con
sidered, and Mr. Tyler spoke
about two hours in continuation
of the argument which he com
menced on Thursday, and with
out concluding, gave way for a
motion to adjourn.
Monday, Wtt.Mr. Clay,
from the joint committee on the
subject of the commemoration
of, the centennial birth day of
Washington, made a report,
accompanied with a joint reso
lution for carrying into effect
the resolution of Congress,
passed in 1799, for removing to
the Capitol the remains of
Washington. The resolution
was supported, in debate, by
Messrs. Clay, Webster,-Bibb,