North Carolina Newspapers

PUBLISHED WEEKLY, ) A FAMILY PAPER DEVOTED TO POLITICS, LITERATURE, AGRICULTURE, MANUFACTURES, MIKING, AND NEWS. ; PRICE S2 PER TEAR In Advance. ROBERT P. WARING, Editor. 11 Cfje Itatrs -Distinct as tfje Sillom, but cnr u Rl FUS Iff. nERRON, Publisher. VOL. 3. CHARLOTTE, N. C., FRIDAY MORNING, MAY 11, 1855. NO. 42. ?. W A & JHG, JLX lt!orn(tj at Law, Ofiee in Loitargan's Brick Building, 2nd floor. . cnARLOTTK, N. C. J. B. F. BOONE, WHOLESALE AN 1) RETAIL DEALER IN SOLE jL Cf f il.lt. CtW,F SMifJTS, LINING AND BINDING SKINS, IIOE TOOLS OF EVERY DK3CR1P I ION, Charlotte, N. C. Oct. 20, 1854. ly ELMS &. JOHNSON. Forwarding mid Commission Merchants. NO. 10 VENDUE RANGE, CHARLESTON, s. C. VV. W. ELMS. C. JOHNSON. June 23, '54. 4tf. R. HAMILTON, C O JI JI I S a O .11 E 11 !3 T, Corner iJ Wirhnrilstm and Laurel Streets, COLL' .M in A, s. a June 9 185 t BKEM & STEELE, Wliolcsalo c3 Xotxil m xi :u u ;d A I! J & TRADE STREET, Nearly opposite Kims Spratt's Grocery. CHARLOTTE, N. C. n r 1", 20tl I CABCOI,liA II'N, 3 Y JENNINGS B . KERR. t l-.itrtofSC, .V. C. anuary 28, 1":. JM;f BOUNTY LAND DZL.L,. S. W. DAVIS, Attorney and Counsellor at C'iiml KMsO TTi E, AT. tf. i i r kiiUvIhiui m niber biifinesa attend) ti wit' ; I'oiaijcio .-s ; fart iculai ly Mich refer to the ; . -ration t r.u-ioii Uhn, I .and Warrant, an.: itonutsona ..: t. an iy l.au.l agaiat f-e Ucneral Cotninent, aw , r ihe Utc 'Juuuly I. ad I !' March 3d, 1 .:", ;:v i -1 !; acrciof I.n.d In all Uficera, Land and Naval, l . hi o -ion, l or inwt-CaatB.iaaMnvd, all Soldiers. JSca i,,t';. rts, or other person, who have served im any .: lie- u.irs :ii w uieu utc i i.ni-u omki i. i - since 1790: and ala to all Officers snd Soldiers ' m ni the liotilutionary N ;.r. LliLir widows and nnnor lolilri n. lavin? sucn Claims or pnrsvuung urw 1 t 1 ....... . I secure un early issue of their certih- j II.;!:-, 5 doors south of Sadler's Hotel. tl36 Respectfully Yours J rHE unsetihd bustmss ot fritcbarU K t Kieweii. r i .i L I n nlact-d in the bands of S. W. Davis . . . , II ! A I ' A- I '.. ' .O,-,.0 l.v t .r c lection and sittlv ae ait Tie.se indebted r that j year will be doing us a great favor Uy clotting their Ac- i . . ints iiu mediate! j, a we have invariably cash to pay, M.o.ey now, as all n.u.-l kuo.v, n. a bard thing to PR1TCHARD Ae CALDWELL. April 185 osavc your Cosls ! UK XotcS and Accounts ol the late firm of A. Bo. thauc & Co. has been placed in the hands ol S. . 1 Dvis. Esq.. tor cnllrctioo and selttenicnt. I bose in-I ti, bud citln r by Note or Account, are requi sted to man an immediate smagement, ns further iudulgeuec can aol and will nut be g ranted. ALEXANDER JOHNSTON. Aiiri! 7, 1S3;". o-.r A I 1 .iitu. aim ni.' imi" " . I ! . . .... ... L, . .. il . : t i . ... i. : .. . l. I......I ... i' .. i r . l-l-.-J r . i.i.. -ml- i it ii:: 1 1 r or as one at toe .1 lino of Steele llarty, an- respectfully request- La I 1 ....I 1..- or. I f .ii r t il not snont-r. A. C. STEELE. IVh lsc; 4J-tt -' I.ooiiS KOKTH oa kkrr's HoTKI.. I.F. Dresses cut and inr.de by the celebrated A. B met bod, and warranted to lit. Bonnets trimmed in the latest style at the shortes. ... .I,...- :i .i.i iw-- ani A. EETHUNE, No. S, Sprinsr Uow, 4 DOORS KAST OF THE C II AKLOTTE BANK, CHARLOTTE, N. C. Feb. 10, l5to5- 30 if VV. S. LAWTON Si CO., faclors, Fortvarding and toiuiiiision Soirii Atlantic Wharf, CHARLESTON, S. C. IX". s. LAWTOM. TUGS. ALLXAMJER. n. 1VI. Normoni Fl) KSPKCTFU LLY otfers his professional services to i- uujitrs u CTiniHE ins mint- a i ics i inn tu niv nun .- . , : . ... t c , i ios Droiemnn o mpm ni rnnai.i'. iih i iv :ih .) :i t all hours, at hisaSea opposite the Aiqt-rican Hotel, ,.... . . nrAl3i.-cioolll l ainrn.iA.I march 2, lS'-o. 33tt Removal. W. BECKW1TU has removed his Jewelry Store to No. 2, Johnston's Kow, three doors South ol err s note I. , , i Feb 16, 1S.,5. 30-ly MECKLENBURG IIOlSE, HAVING porchascd tb.c beiMiae on the cor- ner, a tVw doors nortli-rust ol Kerr's Hotel, and fLI'JiriU dllU lllll-U 1 Uj. Ill i l . I . O O, I IH'Ulll Ml lor the reception of regular and transient boaroers. rovers will had ample accommodations at inv boast. Jan. 1, l-5a. 2o-lv S. H. RE A. THE AMERICAN HOTEL, CHARLOTTE, N. C. BKG to announce to iny irienris, the public, nnd pres. j cat patrons of the above Hotel, that 1 have leased the j rile lor a r -m nl nan from tlo- 1 -t mi Jan BS r ne.v t . Tier which time, tlie entire property will be thorough- reparca and renovated, and the house kept in first a .... ..1 . Ti.. . II : . .. .1... . j i . situated, rendering it a desirable house for travellers Pec 16, 1853. 22t C. ftf. RAY. Can any niaD, wedded to the interests of Vir ginia, read the following article without indiena- ,,ol at the monstrous attempt of ihe Secret Order to (oist themselves upon the people of the State 1 Know-Nothingism is openly avowed to he tho le ver with which to push anti-slavery designs, even in irginia! Will not nil true Virginians be warned in time ? From the Wheeling Argus. A Dcvclopiiicut. Whatever we may have thought of the ability of Mr. Flournoy, the Know-Nothing candidate fur Governor, we had supposed that h:s views on the slavery question were Virginian, and that the party in this State would have washed their ln!i' of the abominations of their Northern breiherti, and place upon their tickets men who wire not tinctured with abolitionism, however much so they might have been with oilier peculiar isms ol which tilt; party is composed. Pollock, tf Pennsylvania, Wilson, ol Massachusetts, and numerous other abolitionists, the first fruits of Northern Know Nolhittgisro, was "proof as strong as Uoly Writ" that there was a complete fusion and sffiliation with the frcc-soilers, abolitionists and high r taw factions in the North, but in the face of these facts and t!ie evidence beore them, the Oriran r.nd Richmond Whig have been laboring gi alously j to convince the American people that the Know j Nothing party was national, conservative, and j ihe only ohh thai could preserve the Lilian. A .i . . u-.Njier.i e c.iue ream res a strenuous vindication, as is known to loose wjjo are laboring for the muzzled night-walkers in the Oid Dominion, and hence thu enormous exertions thai are being made bv these narlizans. and the Roorback stories set afloat in regard to their strens'h. A letter thai , was accidentally inisdirectcd by a member of the 1 VVincheaier convention to ti orotii r in Ritchie i county, and received by ihe gentleman whose ; name was endorsed upon it, says, that the whole strength of the party, boys and all, in the State, j is only fori y -six thousand, insfad id the seveuly- i live thousand which in laree ticur i 3 emblazoned I upon ihe column of the Kntw-Notl :s tne number etirolh-d upon ihe list ( uiuhl conclave. Small leakages nro papers the mi great nieu t n in some eases, am! a con ti u i..rs: iri'in one nroiarr m m ortier to anotticr m with a moderate allowance tor ihe natural nroti n- btly for exaggeration iu such eo-ts, i cessarv t bear up H" itie uroiinio? smrits ihe brethren, be eon-,: ii i l as a ir tstim-tti All IO?d, the ile re may ( from thirty -u lor ty thousand ol (nun inuicin s i ni fie c- no', f i i .i nnd i n I s :s the the bty party Inel Contempiatea tm; defeut of liM Fienrv mocraev of ' nuble champion bom'' a r u ie. and the overthrow (d the i! i . .,,,, iia. -i la i Lomocral been inciples ;i;)J cas: who lias lorS'iKeu Din i.irlv o: . i - 1 1 ; . . I i , , .. . iimw-ii luiu in.- sneu ci DLUow-ioimngisni, ac pendiag upon its power to promote him to oflice. Duped in regard to the stn ngth ol tiie order int.' IS!. deceived as to its principles, they will hasten to leave the sinking ship and he able lo say, I V. .R not i'.' re wlten she v. en: dow n, but wao with the jt.,.!0l., UCy who sail smooth' y thruUjjh rou-h sr-us , . - w But, lo return from the digression, let us con sider lor a .no i' . nt son Air. Stanhope Ph.urnoy and litis stood i.jon a q'i puriauce to the State cl I fx sre aut-cedenis ol how he stands, stion that i. ol v i '. i ii". rirginia in a j ecuniary : which is contained the I oim of view, and one i: peace, perpetuity and rt c wn oi the Union. Mr. : Flournoy in a speech delivered ol Charlotte court j bouse, in the year 18-iG.or 187, is said to have i heid the following language, which would irrajce I the columns of the New Sfork Tribune, tho Na i tional 'Irs, t!ie Wheeling Times or any other pa I ner that takes special doitgh! in descanting uoon '. the evils that arise out of is'avi -rr .i:; it xists in i ihe Southern States. Here is what he said: "The , decline ol Virginia was no! attributable lo Ihe want j ul internal improvements," r.nd kaixtainco that j IT WAS DVK TO rvtSRO ST.AVKBlt ASStBTtSO THAT I NO dOUXTKV CAM I!C PEOSPEROCS WITH A SLAVE rorrr.ATioN. Know-Nothing Wilson will live and die with unrelenting; hatred lo slavery on his pa Know-Nothins Pollock declared l.'l vor of the repeal of the Fugitive Slave I ,n w and j and the Nebraska bill the Know-Nothing L"o-jc. lature of Michigan ha-i instructed her Seu.ilors to vote for the repeal of both these laws, and Flour noy, the Know-Nothing candidate lor Governor j of Virginia, says thai no country can be prosper ous with a slave population. Head this, Virgini ans, and consider the wonderful similarity that exists between the Know -Not kings North nnd in our own State, and then read the following from trie Young American, a Know-Nothing paper tint was published in Pit'sbur", and mark the deststis I - o of I ho Auris pn,ly, tl. naltuonl parly, th" oir ihat i purt and frea from sectional prejudices, the pany in which the Sotith is called upon lo pace eoafideoce in their trusi : Anti -Slaverv and tub Know-Nothings ! The conti st iu Virginia is looked upon as a de cided matter, and the election of ihe Know-Nothing candidate for Coventor as a fixed fact. This may be regarded fy some as a matter of surprise, , inasmuch as ihe Know Nothing organizatu n, hav- ins i's rise iu the North, is as much in opposition e i i : to the slavery of ihe South as to iho domination I of the Catholic church und other foreign influences in our government generally, hut the truth is, there is no cause for surprise in th- matter. Vir pinia has a population as decidedly favorable to j the abolition oi slavery as any people in Pennsyl vania or Ohio. Virginia, instead of being unani mous, is therefore greatly divided on the subject nf slavery. The pro shivery portion are the rich, whose wealth is iu land and negroes. The poor- j I er and laboring cl.isses are oppressed by the insti- i union ami iavr us aooiitiou. j ins leeting pre veils widely in the e::s', but predominates largely in the west, and there are nnny who would not besttats to come out openly in dhrocatiug abolt lion, joia eheerfeliy and at once io the Know Nothing move, seeins that il tends to that end. , j Oihers, istdiflfereal lo I be subject, (all into ihe cur- . .i .... i l. ..... . .1 .i I rem its iuc juijiuon one, ei Knowing uiai toe suc ces of the party u the surest blow that can he i given to the pro-slavery interest of the Suite. The) pro-slavery of Virginia is therefore to be broken, ss the oid parties in the other States were broken, bv the quiet but onward progress ol the Know Nothing organization. They do not, of course, as we of the North have done, come out in open opposition to slavery." An Act tO Incorporate M tllC WiiniillPlOn ,!li nf Stare, and thenceforth, from the closing one or more newspapers in the State, for the space i f . . ,j ,. , of the books ol subscription as aforesaid, the Said ol one month before the time ul ptymenl ; and on aUU IliariOltC Kail BOM lOIlipaEy. aubsciibrs io stock Khan from one body corpor- j failure of any stockholder to pay each inslslmeui Sec. 1. Be it enacted by the General Asscm- ate and politic, 'u deed and in law, for the pur- as rt quired, the Directors may sell at public uuc , of the State of North Carolina, and it is I poses; aloiesaid, by the name and style of the j lion, on a previous notice of ten days, for cash, all la t ely enacted by the authority of the same, That Wilmington & Ch.irloitefCail Road Company, lor the purpose of ejecting a railroad communi- Sec. 6. '1 h it whenever the sum of five bun cation between Wilmington and Charlotte by way died thousand dollars shall bo subscribed in man of Lumberton, Rockingham, Wadesborougb and ner and form aforesaid, the subscribers, iheir Monroe, the formation of a coroorate coniDanv. i executors, administrators and assies, shall be. with a capital stock ol two millions ot dollars is i hereby authorized, to he called " Tin' Wiirning S ton and Charlotte Railroad Company," and whrii i formed in compliance with the conditions herein after prescribed, to hold a corporate existence, a body politic, for the space of ninety-nine vears. Sec. 2. That the said company be and the same is hereby authorized to construct a Railroad from ! Wilmington or Smilhville, or some point on the i Wilmington and Manchester R .ilroad in the coun j ly ol Columbus, or from some point on lheWd- j mington and Raleigh Railroad in the county of : New Hanover, as Ihe stockholders may deter mine, via Lumberton, Rockingham, Wadesbor- ougii and Monroe, to the town of Charlotte in the c&unty f Mecklenburg. Sec. 3. That for the purpose of creating the capital slock of said company, the folio- iu per- ! sons bn arid they are hereby appointed commis sioners, viz : Gen. Alexander MeRae, d' Wil mington ; Alfred Smith, of Whitesv ; Thos. A. .niriiicii!, oi uumnerinn , jas. r. IjFhk, i kock- XT t t . T r i en ingham; Walter R. Leak, of vV'adfsborongh ; David A. Covington, of Monroe ; and Charles J. Fx, o! Charlotte. ' Thai it shall be lawfo. I to open books nf sab senption in the town of Wilmington, under ti e direction Of George Davis, T. C Worth, A. il. Van Bokken, John C. Latta, Mites Cos tin. Gen. R. French. J. I!. Planner, Edward Kidder, S. I). Wallace, A. J. DeRosset, Jr.. John A. Taylor, il L. Holmes and liobr. II. Cowan, or a maioriiv of them ; at vin Uavn W nitesvi untie r th e (ijia e'lon of T. S. Memorv, W, M. Baldwin, Wm. Frink and I'bomas Smith, era majority ol them ; at lour i on IT", in Columbus county, under th direc tion oi Alva Smith, Aui' Smith, John Coley and N. ,. Williamson, or a m"iritv of tiern: at Liunbecton, under the direction of John T. Rope tsuwnrri LW!S, Kntit. rtnci!, Kobt L.. 1 r Ldmund McQueen, H. F. Pitman and J M. far- mi le mi , o uud a majority nl them ; at Fi nal Col- r ihe direction ol Archib -, t t u.itfi Malcolm Fure John Gilchrist, Jr., r7-ii i N.u.- and William Sellers, or a majority of them: at Laurinsbuig, .'ti the county of Richmond, nnd. r rection of Dr. John Mallnry, John Fairley, John Gilchrist, Jr., David Mclntyre, Dan. McKen iKut, John i,. Fairley, M. V. MeNair, Duncan tWeLauriu ond Uov. Thomas Gibson, or anv three ol them ; at Rockingham, under Ihe direction ol Walter i Leak, Mial Wall, William H. Cole. Gen. Allied Dockery, Stephen Cole, Col. John W. Covington and R. S. McDonald, or any three of them; at Wndesoorough, under the direction ol II. V. Hammond, George VV. LitMe, S. IV. le, I). T. Lilly, P. (J. Smith, J weph White, S. . Hargrove, pinder Richardson and Joseph Med y, or ;.ny three of them ; at Etizabe-thtown, un r the direction of .'no. G. McDugald, Jno. J. IcMiiian, Jt o. A. McDtltiguld, Thos. C. Smith r. ad Diincati Cromartie, o any tnree ol tnm ; at in of fluoh Houston, Wilson, Must s Cuth- Monroe, und'-r the direct Sluuuel 11. Walhtip, Hu.d ! bert, Sr., Jno. Me and M. Stewart, or anv three of them ; at Charlotte, tinder the direction of Wm. John? n, Jno. A. Young, Jno. Irvin, Leroy Spiings I and John Walker, or any three of them ; whose duty :t shall be lo direct the ripening of books for subscription of slack, nt such times and places,! uiu! under tho direction oi such persons as ih-v, . or a rrajoriiy ol 'hem, may deem proper ; and the se.M commi .- .oners 9 Ii- ave power lo a ppoint a coaoinaM oi iiieir aoov. treasurer, ana an o'tier th nuicers, anu sue tor ;.:!.-. n cover all sun.-, o; m ney t.i;;i ought under tins act to he recovered by them. Sec. 4. Thai ail perrons who arc herein, or may ler, appointed lo o pen I i"l-K Ol St. u- iny, scription to the capital stock ol smd com shall open books at sny time after the ratificaiioo r tliis act ; twenty days previous notice having en given in one or more ol the newspapers of this State; and that when said books are opened they shall be hep; opeu for the space of thirty days, at lea-.;, and as long thereafter as the com missioners first above namd shall direct ; that all subscriptions of stock shall bo in sum-; of fifty dollars, the subcribers paying at the time of mak ing such subscription two and a ball dollars on each shar..' ibey subscribed to the person or. per sons authorized to receive such subscription, nnd in case of failure to pay said sum, nil such sub scriptions shu.ll be void and oi" no effect. And upon closing iho hooks, all such sums as shall have been thus received of subscribers on ihe first cash instalment, shall be paid over to the general commissioners named in 'the third section nf this act by the person receiving them, and for failure there.. I such person or persons shall personal'- be liable to snid geiiCral commissioners beore tie organization ol said company, and to the companv its;-!; after its organization, to be recovered in the Superior Court oi law of this Sia'e, in the county where such delinquent resides, or if he reside in any other St;e, then in ;;;' court in such State having competent jurisdiction. The said general commissioners shall hive power to cell on and require ai! persons empowered to receive subscrip tions of stock at any lime, and Irom lime to lime as a m ij irity of them may think proper, to make a return ofjhe stock bv litem respectively receiv ed, and to ni ke payim nl of all sums of money made by t he? subscribers. Slc. 5. That it shall be the duly of the st: id general commissioners to direct and authorize the keeping open of hooks for the subscription of stock in the manner above described until the sum of any section of said road before the whole thai! five hundred thousand dollars shall have been ; have been completed' subscribed to the capital stock of said company ; j Sec. 17. That the said company shall have the and as soon as tho said sum of five hundred thous- , exclusive right of conveyance or transportation and d dlars shall have been subscribed, and the ' of persons, goods, merchandize and produce on first instalment of two and a half dollars per share j said railroad, lo be by them constructed at such :i said sum shall have been received by the gen- i charges ns may be fixed upon by the Hoard ol eral commissioners, said company shall be re- Director". girded ns formed, and the said commissioners, or j Sec. IS. That the Board of Directors may call n majority of them, shall siljn and seal a duplicate for the p iymnet of the sums sub-cribed as stock declaration to thai efT ct, wiih the nam's of the in said company in such mstalflffente as the m'er subscribers appended, and cause one of said du- j ests of ihe company may in their opinion r quire; plica.es to be deposited in the oflice of ihe Secre- j The cull for each payment shall be published in ana mey are ni reby, declared to lie incorporateu intoa company In the name and I stvle of the Vviimington & Charlotte Rail Rond Company, ! ol such balance shall be held and taken as due ard by 'hat name shall be capable in law and at once to said company, and may 6e rr cov equity of purchasing. holdinn, seUm". leasina and cf d of such stockholders, or his executor, ndmtn- c- nvovmg st..:,-s, real, u. rsonal and eutxet, and of acquiring the same by gift or devise, so lar shall be necessary for" the purposes embraced utihin the scope, object and intent ol their Char- ter, and no furl her, and shall have perpetual sue- cession, and by their corporate name may sue and be sued, ph ad and be impleaded, :o any court ol law aid equity in the State of North Carolina, and may nave am) use a common seal, which IBey t . . i i shall have power lo alter and remove at pleasure, and shall have and enjov all other rights and un- munities vs hieb uther corporate bodies may ai.d of right to ixereis", and may mike all such by-laws, rules and regulations as they may deem proper a nd necessarj to fheir government and the inter- st ol 'heir company, cot inconsistent with the Constitutions and laws of this State, and of the t t C- , v em-u tan s. Sec. 7. That notice of process upon the princi j pal agent of said company, or the president or any ! of the directors thereof, shall be deemed and taken to be due and lawful notice of service of process upon the company, so as to bring it before any court of North Cnrolina. Sec 8. That so raou as the sum of five hun dred thousand dollars shall have been subscribed in manner and form aforesaid, it shall be the dutv ti the general commissioners appointed in the third cison oi tins act to appoint a time tor iie siock- . t o'ders to meet at Wadesborosgb, in the county A nson, v. Iiich th e gnall cause io t.e previously d tor the space of lour weeks in one or i IIIOI i newspapers as they mav deem proper, wl ::U lime and place the .--.aid stockholders, in per nr b proxy, shall proceed to elect ihe directors !,e companv, and to enact all such regulations j soi Oi I und by laws as may be necessary for the govern- BK-nt ol ihe corporation anf the transaction of bu- sinews. The persons elected at this meeting, shall serve such pei iod, not exceediii" one vear. as the stockholders may direct, and at this meeting the i stockhold rs bhall fix upon the day and place or I pi aces , I ('! ' held the subsequent election of directors ; and such election shrill thenceforth shall b he rtnnunlly mad, , hut if the day of election shall pass off without any election, it shail be lawful to bnld an lection t:i anv other day in such manner as shall be prescribed by the by-laws of the cor poration, Sec. 0. That the affairs of the company shall be managed and directed by a general board, to consist ol nine director., to I o (di eted by the Stockholders, ai their first annual meeting, and at subsequent annual meetings; each stockholder shull have as many votes as he has shares in .he stock of the company, and the election shall be by ballot : the persons having a majority of the voles cast shall be considered dulv elected. Sec. 10. That the President of the companv ... . .. . . snail oe eieeiea oy tne noard ot directors iroin a mong their number in such manner as the regula tions of the company shall prescribe. Sec. 11. That at the first general meeting of the stockholder?, a majority of till the shares sub scr bed fhall he represented in person or bv proxy, before the meeting shall proceed with business ; and if a sufficient number do not attend, those who j do a'lena mav aajoum irom lime lo tune until a majority shall be represented. At this meeting, ne stockholders may determine what amount ol sua;; inereaner ue neces.-jarv to const'. ute n f a qiiorirm for the transaction of business in the regular or occasional meetings of the stockholders or directors. Si c. 12. That at all elections and upon all voles la ben in any general meeting of the stockholders, each shire of stock shfil te entitled to on vote, and any slockho!d r may vote; by proxy, the proxy br ing a stockholder, and proxies shall be verified i.i such manner us ihe by-laws of the cor poration may prescribe. right ol way being surrendered, and the eineht j oec. 31. He tt further e nailed, l hat every ob- Sec 13. That the genera I commissioners shall : "nd advantage he, she or Ihey may receivo from j strUCl'on lo the safe and free passage of vehicles make their return of the shares of stock subcrib- : the erection or establishment of the railroad or j on said road or its branches, shall be deemed a ed for at the first general meetiri" of the stockhol- j work, and shall state particularly the amount and j public nuisance, and may be abated as such by der, and pay over to the director;? elected at said value of each : ard the excess ol loss nnd damage any officer, agent or servant of said company, meeting, or iheir authorized agent, nil sums of j over ihe benefit and advantage, shall form the ! and the person earning such obstruction maybe money received from subscribers, and for failure ! measure of valuation of said land or right of way : j indicted and punished for erecting a public nui thereof shall he personally liable to said company, i Provided, nevertheless that if any person or per- J sance. to he recovered at the suit of said company in the sons over whose land snid rood may pass, should I Sin;. 32. Be il further enacted, Thit the said Superior Court of law in the county where such he dissatisfh d with the valuation of said com- i company shall have the right to take at the store delinquent or delinquents rr.'ide, or in case of missioners, then, nnd in that case, the person or j house they may establish on, or annex to, their dea h, from his or the executors or administrators, i persons so dissatisfied may have an uppeal to the j railroad or branches thereof, all goods, wares, Sue. 14. That the Board of Directors may till ! Superior Court in the county w here the said val- j merchandize and produce intended lor transporta all vacancies which mav occur in it during the uation has been made, or in either county in which I tern, prescribe the rules of priority, and charge period for w hich it may have been elected ; and ! the land lies w hen it may lie in mure thin one j and receive such just and reasonable compensation m ihe absence of the President, may elect a Pre- j county, under the same rules, regulations and re- i for storage as they may by rules establish (which sideiii j.ro tern, from among their number. I strictions, as in appeals from Judgments of Justices j rates tin y shall cause to be published) or as may Sec. 15. That all corrtr-icts or agreements an- ' ol the Peace. be fixed by agreement with the owner, which may ihorized bv the President and Secretary of the ! The proceedings of tho saii3.p'mmissioners, ac- j be distinct from the rates oi transportation : Pro- . ard ol Dir. c'ors. shall be binding on the com- ' companied with a full description of said land or ; tided, That the said company shall not charge or pant without b seal, or such mode of authentic.'!- I righi of way, shah be returned under the bands receive storage on goods, wares, merchandize or lion may be used as the by-laws of the company i and seU of the commissioners to the court from ' produce which may be ! hvered to them ai the mat prescribe. " which the commission issued, these lo remain a j regular depositories for immediate transportation. Si c. 16. That the companv shall have power : matter of record. And the lands or rijh' of way, J and which the company may have power to trans a'ul may proceed to cons' mcl as speedily as pos- ; so valued by the said commissioner, shall vest in j port immediately. sible a rail road with one or more tracks, to be j the said company so long as the same shall b" ! Sec. U3. Be it fnrtJttr enacted, That the profits used with steam or ;.. r power, which shall ex- ! used for the purposed of said railroad, so soon as of tho comp iny, or so rr.tic .hereof as the gene tend from Wilmington, or from some point on the valuation may be paid, or when refused, may ral board may deem advisable, shall, when the the Wilmington and Manchester Rtil Road, in I have been tendered: Provided, That on applica- affairs of the company will permit, be semi-annu-Columbus ctunty, by way of Lumberton, Rock- 'ion for the appointment of commissioners under ! ally divided among the stockholders in proportion ingham and Wadesbofo. taking in all cases the j 'his section, it shall be made to appear to the satis- ; to the stock which each may own. most feasible and advantageous rou'e to Charlotte, ' faction of the court, that at least ten days previous ; Sec. 34. That the following officers and aer- in the couutv of Mecklenburg, and thev mav use the stock subscribed for in said company by such stockholders, and convey the same to the purchaser at said sale ; and it the sale of stock do not pro duce a sum sufficient to pay off the incidental ex penses of the same, together with the mitre amount owing ny sucn siock tu rners to loe company no stock subscribed, then, and in thai cae, the whole is'raior r.xm ri' igns, ar me sun m sn crTnp.m , either bv summtfvv notice in anv court of superior jurisdiction in the county where the delinquent i resides, on a previous notice of ten days to said .subscriber, or by the action of assumpsit in any court ol competent jurisdiction, or by warrant De- j fore a Jti-tice o( ihe Peace, when the sum does not exceed one hundred doHara,i$d in all cases ol 4i- . i l i ,1 i ' i . . . ! sssessmeni ni siock nwnre mv wooib hihuuhi ua beet) paid to the company, then lor ail sums cue j on said stock, both the original subscriber and j the first or subsequent assignees shall be liu be to j the company, and the salne may be recovered as above described. J Site. 19. That the debt of stockholders due the company for stock therein, either as original pro 1 prietor or as first or subsequent assignee, shall be I considered as of equal dieniiv wiih indffments in the distribution of assets ol a deceased stockholder bv his legal representatives Sec 20 riiat said companv shall issue certifi- cates of stock to its members ; and said stock may be transferred in such manner and form as may be directed by the by-laws ot the company. Sec. 21. That the said company may at any time increase its capital to a sum sufficient lo com- ph'Je said road, not exceeding three million ol dollars, either by opening books for new stock, or II . I . . I I . oy seinng sucn new suck, or uy uoriowiiij; mo- ney on llu credit ol the company, and on the f. - i i . . i mortgage oi its charter ami works; ond tne man- i ner in which ihe same shall be done in eitber case j shall bn prescribed by the stockholders at a general ' meeting. j Sec. 22. That the Board of Directors shall, at I least once in every year, make n full report on the state of the company and its aficirs to a general ! meeting of the stockholders, and opener il re- quired by the by-laws, and shalj have power lo call a general meeting of the stockholders when I 'he Board may deem it expedient; and the corn- pany may provide in their by-laws for occasional meetings neing cnico, ana presenile i lie mooo thereof. Sec. 23. Thai ihe said company may purchase, have and bold in fee, or for a term of years, any land, tenements or hereditaments w hich may be necessary for said road or the appurtenances thcre- , Ol , I .1 1 i of, or for the ereciion of depositories, store-houses, ; houses for the officers, servants or agents ol the person or persons shall intrude upon the said road , company, or for workshops or foundrys to be by any manner ol use thereof, or of l he rioiils nnd used for said company, or for procuring stone or privileges connected therewith, without the per other materials necessary to the construction of mission, contrary to the will ol the said company, j said road, or for effecting transportation thereon, . he, she or they may be indicted for misdemeanor, j and for no other purposes whatever. I ar d upon conviction, fined and imprisoned by any Sec. 24. That the company shall have the right, when neeessary, to conduct the said road across; ! or along any public road or water course; Io- vided, That the said companv shall not obstruct 1 i i . . .i . any pniiiic roaa, uitiiotit constructing iiinniiur snail wuiuuy unu maliciously causr, or no or as i qually good and convenient, nor without making sist, or counsel and udvise any other person or a draw in nnv bridge of said road which may persons to destroy, or in any manner hurt or cross a navigable stream sufficient for the passage damege, or obstruct or injure said railroad, or any of such vesst Is as navigate such stream, which ' brtdgn or vehicle used for or in the transportation draw shall be opened by the company for th free thereon any water tanks, warehouse, or any other passage of such vessels as navigate such stream. . property of said company, such person or persons Sec. 25. That when any lands or riht of way ' so offending shall be liable to be indicted therefor. j umj uu uruininru oy nio i-uuipuu iui uie jno- ' ; pose of constructing their road, anl lor ihe want! ol agreemenl as to the value Ibereof, or Irom any Ol her cause, tho sumo cannot be purchased from the owner or owners, the same may be taken nt a valuation to be mad" by five commissioners, or a majority ol them, to be appointed by any court of record h iving common Inw jurisdiction in Ihe ccurity whore some part of lheland or right of -.it. i . it. - i way is exienaeo. in malting me said valuation, the said commissioners shall take into considera- Hon the loss or damage- which may accrue to the owner or owners iu consequence of the land or i to ,f ipo h e 1 1 1 . i iricnl Kt I ru. a rti J iii n t I hi- -'(.U II-' Lf ai ' ' II J JC'I w piViV VfViriI aw !. SSJV UO v llljo' f m " SU IV1 owner or owners of land so proposed to be con- ' company, be and are hereby exempt fron the per demned, or if the owner or owners be infants, or j fbrmance of jury and ordinary military duty: non compos mentis, then to the guardian of such , The President and Treasurer of the Board of Di owner or owners, if such guardian can be found . rectors, iho Chief and Assistant Engineers, tha wi'hi.i the county, or if he ctneot be so found. Secretaries and Account ints of the company, then such appointment shall not be made, unless Keepers of the Depositories Guard stationed on notice of the application shall have been published ; lbtroad lo protect it rom injury, and such other at least one month next preceding, in some news- persons as may be working the locomotives, en paper printed as convenient as may be to the ; giues, and traveling with the cars for the purpose Court House of the county, and shall have beep of attending the transportation, of goods, produce posted at the door of the Court House on th" first . aiiri paseeogeM on said road. day, at least, of tho term of the court fo which ap-j Sec. 35. That tho said road shall be divided plication is made : Provided, farther, That the 1 into scciions of twenty-five rnuet each, and h ill valuation provided for in this section shall be made on oath by th- commissioners aforesaid, which otith any Justice of the Pence, or clerk of the County Court ol the county in WTiich the land or any part iheteol lies, is hereby empowered to administer. Provided, farther, That the right of condemnation herein granted shall not authorize the said company to invade the dwelling house, yard, garden or burial ground ol any individual without Ids consent. Skc. 2t). That the right of said company lo condemn lands in tu manner described in tho 2G;b Section of this act. shall extend to condemning ol one hundn d (pet on each side of the main track pi the road, measuring from the centre of the snme. "Vmb-FS in case of deep cuts nnd fillings, when said company shall have the rrht to condemn so much ! in addition thereto as shall be necessary for the ; construction of said road : And the company shall also have power to condemn any appropriate lands in like manner for the constructing and building of depots, shops, warehouses, buildings ! for servants, ag nts and persons employed on said j t . I . i . . ...... . h, nr ; runu, noi rxceeoing iu utus in uuy uno iui j. , station. Sec. 27. That in ih nbsrr.ee of any contract or contracts in relation lo land through which said road, or any ol its branches, may pass, signed by the owner thereof or his agent, or any claimant or person in possession thereof, which may be confirmed by the owner thereof, it shall b pre sumed that the land over which said road or any of its branches mav be constructed, together with a space r.f one hundred feet on each side oi il o centre of said road, has been granted to the said company by the owner or owners thereof; nnd the said company shall have yood right and title thereto, and shall have, hold and enjoy the same sq long as the same shall he used or the purposes of said toad, and no longer, unless the person or persons owning the land at the limn that part of , the stud road which may bo on said land was finished, or those claiming under him, her or them. I II A I"! . ........ I i snail appiy mr an assessment oi inu vaiu oi iuu lands as heretofore directed, within two years nrxt alter that pari of said load which may be on tho i said land as finished ; and in case tho snid owner ' or owners, or those claiming under him, her or j them, shall not apply within two years next after the said part was finished, he, she or they shall forever be barred from recovering snid land, or i having nnv assessment or compensation therefor: i Provided, That nothing herein cor.tiined shull af feci the rights atfeme coverHOT infants, until two years afier the removal of respective disabilities. bKC. 28. I I) it ail lands not heretolor" granted to any person, nor appropriated by law to the use of the State, within one hundred feet of the cvntre of said road which niy be constructed by said company, shall vest in the eui'd company so soon the line nf the mad is definitely hud out through it ; and any grant ol said lund I hereafter shall be void. Sec. 29. Be it farther enacttd, That if any court of competent Jurisdiction, Sec. hH). Be if further enacted, That if any person shall wilfully and maliciously destroy, or in any manner hull Of damage, or obstruct, or ! i ii ii- ii . i i r unu on e iiiviotion sioui ou nnpriausBU Hn iriuro lhan twelve mr less than one month, and pay a i line not leas than twenty nor more than live hun- ; died dollars, at the discretion nf the court before wh'ch said conviction shall take place ; nnd shall I be further liable lo pay all expense of repairing the same ; nnd it shall not he competent for any person so c lleiiding against the provisions of thif clause to da end biraseif by pleading or "ivinij in l'i ....... . i evidence uiai ne was tne owner, ng"iii or servant I of the owner of the bind, when such destruction, damage, injury or obstruction was done, at iho j time tho same wis done or caused to bo done. V 'A w I d 1 1 1 . ft i , I T ti r-lll'il run ii'ov mPllf fi Bin!