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: TBE--BALBG8I STIBlP J TH S, I.EMVV, (Printrof theI.iwoftha3taU,) Ebit.ib aa PaoraiiToa. "i.iti tioiin:-Mwirti n imu, lam-tcrmi iaa ririicit aaaocacaa Tat Lisa at oca aitts aa raa aot ar ora mcriaaa THREE DOLLARS A YEAH i a lanari ; RALEIGH, If. C, WEDNESDAY, MAKCII S, 1843, - -. : r f' -;t -, , - - . . LAWS OF NORTH CAROLINA, PuwJ at tha Mwaion of Amrmbl; 1844-45. cVlUFErTLXXV. An Act to provide fortho reorganization of the Portsmouth and Roanoke Rait Hoad Company. Whereas the Portsmouth and Roanoke Rail Road Com pany is laboring under the pressure of heavy embarrass ment, which greatly injure and impair its public utility, tid from which it is represented, that it may be relieved 7 a new organization, whereby the public interests of the State may be protecled and continued, and without injus tice to its creditors : ' , Be it therefore enacted by the General Assembly of the Slate of North Carolina, and it u her thy enacted by is hereby authorised to appoint a commis ioner on .behalf , ac,r h"" Jcre lhY rraJ-, of this State to act with such commissjone las may be ap pointed by th3 State of Virginia in that bel ilf. II. That said commissioners shall have and they are hereby invested with full power and authority to expose to public sale at such time and place as shall be agreed on by them, the paid Portsmouth and Roanoko Kail iToad, inclu ding the Weldon Bridge, with all property, privileges, 1 rights, franchises and immunities now appertaining or be longing to said company: provided, Jtowt-ccr, that the en gines and cars shall be sold separate and apart from said road: Provided further that such sale shall not in any manner affect the rights of any person claiming by pur chase any part of the said Kail Road as property apprrtain- , 1 . 1 J Ll -11 1 l . ami the third by the two aforesaid.. - X. Any person injuring the Rail Road in the State, after the formation of the new company hereby contemplated, shall bo subject to the same actions for penalties and dama ges as are now allowed for injuries lo ihe present road ; and the said actions shall be sued, and prosecuted in the manner now prescibed ; and all such acts as are now offences against the State, when done to any part of the pre sent road in this State, shall Ik offences when done tinder the same circumstances to any part of the road after the forma tion of the company aforewiid, and shall be indictable and punishable iu like manner. XI. This act shall be in force from and after its ratifi cation ; and from and after the sale hereby provided to he maue, an laws and clauses ot laws inconsistent with this Ratified the 8th of January, 1843. CIIAPTF.R LXXVIII. An Act to amend an act, entitled an act to authorize the laying out nnd establishing a 'I urnpikc Road from the boutli Carolina line, at some point near the Block House, in Rutherford county, to Cain Creek Bridge, in Bun combe county. lie it enacted by the General .Ittemlly of the Stale of North Carolina, and-it-it hereby enacted ly ihe authority of the tame. That hereafter the stockholders in the Turnnike road from the Block House, in the county of Rutherford, to Caiu creek bridge, in the county of Buncombe, authorized by the act .( ihn flr.,.rn i.r-...1.l.. . i . .l ion l. I fore acauircd. HI." The purcj laser of said road, together with, such other person or persons whom the State of Virginia may associ ate with him by any law to bo passed before the sale afore said, shall be a body corporate under the name and style oj the present company, and shall hold said Hail Road for he. ri-ii Lie of tin time yet unexpired for . which the present charter was granted by this btate, with all the franchises, privileges, rights and immunities granted and conferred at any time heretofore by this State and the State of Virginia, subject in all respect and in every thing, to all the duties, regulations and penalties, required, prescribed and impos ed by any law "or laws now in force respecting the prcsiuo omiwiy,.. ..,.,.r.......,, . -v..,. .,, IV. 1 he state of v lrgmia may fix the amount of capi tal stock of the company thus formed and declare the . number of shares: Provided, hmrrfrj that 6a id stock shall not exceed six hundred thousand dollars nor lie less than three hundrel thousand; nor shall any share be less than one hundred dollars, nor mre .than two hundred dnl Mrs: ana prodded Iu liter, thut there shall he no loss than twenty stockholders, no one of whom shall hold more than one half of the stock; and the said state may permit the creditors, and stockholders of the present company by any act to be passed belore the sale atoresaid, to become stockholders iu the now company upon such terms and to such amounts of debt and stock as the said Stato may prescribe: provided, however, that if creditors of tn? presculcompauY.liaUhL permitted to subscribe their ueuis or any portion mercoi as stocK, as- there snail tc no distinction amongst ihem, or preference of one over another; and if the prcseut stockholders or any of them be permitted to subscribe their . stock or any portion thereof as stock, there shall also ba no distinction amongst them, or prefer ence of one over another: Provided further, that so much of the charter heretofore granted to the Portsmouth and Roanoke Rail Road Company as authorizes the president and directors of the said company, by themselves, their of ficer., agents or servants, to enter upon any land adjacent to the line of said road, without the consent of the proprie- - . 1 1 .. 1 . . 1 A 1 . . " ' . . fiurwicreoi, anu laite iiierciTomwood, stone, gravel or earth, , -i i , . i i. InM- uie repairing anu Keeping up me said road, snail not lw in force by virtue of this act; but such entry and taking of timber, stone, gravel or earth, -shall only J; . allowed to the company hereby created upon the license of the owner for that purpose, first had and obtained by the company. V. The purchaser of the Road Bridge, !tc, before any title shall be made to him, whatever be the price thereof, shall execute bond, with good security, to be approved of by theconimissionersaforesaid, payable to the President and Dire 'tors of the Literary Fund cf North Carolina,- for secu ring the sum due to them, together with interest thereon ; and this sum 'if the Road Bridge, etc. shall bring that amount, shall lo deducted from the purchase money, and the -i residue thereof, with the proceeds of sale of all the other property sold by the said Commissioners, and such addi- 1 .",.couRiy, unata uucorporate a company lor that purpc I. Beitcnucled by ihe General' Assembly ot the of .Vorti turolinu, and it w hereby en,ict:d by the a fhomy of the irrme,' That sIr; L? 0; jOTei. Church, ilham P. McNeill, Alexander Whittinston. V, f I ill l 'I I siirvlo a iMm 1 .n nJnJ A . I. n J. .... ) I 11 V. . 1 ! 1 pilule j in") uo uuum u inu luiiu. Mian uc uumicu . fin satisfaction and payment of all other debts against the i nrPSCIU mmnailV. BITOMinU tn Illlh nrntrirnnnn, n, tnr nnr 1 Jl . . . ... 1 1 ... i . j.n iv.n.iin.n no l j ian they may I respectively entitled to on theday of ale. V t 1 heatfrfiay-benraden-sueh credit not exceeding three years, as may be agreed on by the Commissioners, and bond-wkh good security shall be executed for the pur chase money. VII. Such sale shall not take place unless a majority of th stockholders in ralne, in general meeting to be called for that purpose, after twenty days' notice in two newspa p;rs, shall assent in writing; and when the sale shall be mode, the President and Directors, upon the reauirehient of Y9 4 'ol.nr9sonprs aforesaid, shall convey anJ assign all the iiznu uue, una imerest ot the present comoanv in and to sail Rail Road Bridge and franchises to the new company, and all the right, title and interest in and to any other prop- n.'l Arkn ........... 11 1 I 1 . . njr ui mo icrwrm ijmnny wmcn may do sold to tne pur chasers ihereof. VI II. All suits and actions whatsoever which maybe pciKTihg;"biought and prosecnred eitlw-by -otgainst- the present company at the time of sale, may be prosecuted to final dr.ci.siou. as though tliis act had never passed ; and all such recoveries as may be effcted by the company shall Hdjed, nfiir payment of charges of prosecution, to the fund arising from the sale hereby authorized ; and all debts then dua said company may be recovered in the name of the f present company, and the recoveries which may be effected .an W auuca ui nice manner to said lund. IX. he it further enacted, That at any time after the sale hareiu provided for, and formation of another company, the Petersburj and Uoanoke Rail Road Company shall be per- " " j " "ii 'i aio anu claim's, me unuge across the Roanoke at Weldon, and such portion of the Portsmouth and Roanoko Kail Koad letww;n tJarvshurff nnd :;! . all vacancies which have or may occur in thbllio.raor wmnnssioners apjiointeu by saiti act; and the commission ers so appointed shall he governed by the same rules and regulations, as are now presciiled by lawl Provided, how ever, that nothing in this act shall be so construed as to prevent the owners of said road, or any of (hem, from be ing indicted as the owners of other public roads in this State. Ratified tlie 9th day of January, 1815. CHAPTER LXXIX. An Act to authorize the making a Turnpike Road in Wilkes se. State it- Alexander1 and John J. Johnson, be, and they arc hereby appointed com missioners, wiin power to open books and receive subscrip tions to the amount of three thousand dollars, which sum shall constitute the capital stock of the comnanv hereby incorporated, for the purpose of making, and keeping in re pair a turnpike road, from the Yadkin river, in Wilkes County, on the stage road leading from Wilkesborough to T . r . 1 1 1 1 ri . . . . i cimv&wu 10 uje iojj 01 me uiuc niugp, in A she Coun ty; and it shall be the duty of said commissioners to open books for the purpose, on or before the first dav of Mav ncxt,.aad receive,, subscriptions of said stock of said con- (auy Sec. II. Be it further enacted. That the aforesaid capital stock of three thousand dollars shall be divided into shares of t wenty dollars each. - tec. III. Ue tl further enacted, That as soon as one thousand dollars of the capital stock shall be subscribed, it shall be the duty of the commissioners to notify the stock holders of the same, by suitable advertisement, to require the attendance of the stockholders at such time and place as they may designate, a majority of whom beinfr in atten dance, may proceed to appoint a President, Treasurer and five Directors, for the term of one year and until the next general meeting of the stockholders; and the said Presidont and Directors when 'ao anoointcd. nnd lhnir ., - At . - -. V 'J'V v J office, -shall constitute a" body corpottte trod politic' in la by the name of the Yadkin Turnpike Company; and by that name may su ana De suea, pieaa and be impleaded, in any Court of record, or before any Justice of the Peace in this State; and as such shall have perpetual succession and a crtmiTion seal, and shall have all other powers and rights incident to a corporate Company, and which may be neces sary to carry into effect the objects of this corporation. Sep. IV. De it further enacted. That the nnmlier nf votes to which each stockholder 6hall be entitled shall lie according to the number of shares he shall hold in the pro portion following, that is to say, for one share and not more thau two, one vote; for every two shares above two and not exceeding ten, one vote; for every four shares above ten and not exceeding twenty six,one vote; and for eight share thereafter, one" tote. be lawful for tJaefiaitLcompanyto erects toll gates and de mand and receive tolls at the following rates! ou every four wheeled carnage of pleasure, seventy five cents; on every !Pg buggy or sulky, fifty cents; on every six horse wagon, seventy five cents; on every five horse wagon, sixty two and a half cents; on every four horse wagon, fifty cents; on every three and two horse wagon, thirty seven and a half cents; on everyone horso wagon or cart, twenty five cents; ou each horse without a rider, two and a half cents; on every head of cattle, two cents; on every hog or sheep, one and a half cents; and for every traveller on horse back, ten cents. Skc. a. lie it further enacted. That as soon as-said rood shall bo completed and approved of as before provided, the same shall be considered a public highway and free for the passage of all persons, carriages and nniniuls of every de scription, on the payment of the tolls imposed by this act; and no higher or othor tolls shall be exacted without the consent of the Legislature. o Sec. XI. Be it further enacted, That if the President and Directors shall sutler said road to get out of repair, and so remain for one month, the President shall be liable to in dictment, and, on conviction, shall be.fined at thediscrction ofthct'ourt; and shall lie subject to have the toll gates kept open free for the passage of carriages, persons and ani- niais, iiee oi ion, uniii ine roaa snail ne pnt w ooU' repair. - Skc. XII. Be it further tnacled; That all perrons now liable to work on said road Miall be liable to work six days in every year on said road, under the supervision of the corporation; in consideration of which all the repidenf citi zens of the Counties of Wilkes and Ashe rhall pass said road free of tolls. ... Sec. XIII. He it further enacted, That this act shall be iu force from and after its ratification. Skc. XIV. Be il further enacted, That all the powers hereby gran ted shall cease and terminate at the expiration of thirty-yMfi provided, the General Assembly may at any time hereafter Ratified the 8th day of January, 1S4 5. 1 road the best and most convenient . way, having regard to private property as well as the public goal.' Z7 , t ' t ' Sec. III. Sd be it further enacted, That said commis sioners shall appoint one or more head overseers, and shall allot him or them the hands necessary to open said road. Skc. IV. And be U further enacted, That when cnid road is opened, it shall lie kept upas other highways, and, shall bounder the jurisdiction of the Superior and Coun ty Courts of Ashe. (- " ' " Ratified this Otli dny of Janunry, 1843.) chapterTxxxh. - An Act to authorize the Portsmouth and Roanoke Kail Road Company' to charge tolls on their bridge over Roanoko rivtr, near the Town of Weldon. -Be it e.wctcd by the General .luembty of the Slate of Xorth Carolina, and it if hereby enacted by the authority of the tame. That it shall and may be lawful for tho Portsmouth and Roanoke Rail Road Company, as soon as they shall have renewed and repaired the floor of their bridge over Roanoke river noar Weldon, so as to render the samd safe and convenient for. the passage of .carriages, "wagons and hor-' ses thereon, to charge the following rates of toll, viz: For every four wheel pleasure carriage, not exceeding sixty two and a half cents; for every barouche, thiity seven and a hiufcents; for every carryall, thirty seven and a half cents; ' I tr 1 ' . ' -, y'7 uecm Jieeaiiii, upon such terms as may j port to the said he settled by three commissioners,, or a majority ol them I thereof one shall lie appointed by the Governor of Virginia'- . 1 .ijone ly the Governor of the State of North Carolina, I is completed Sec. V. Be it further enacted, That the owners ofa ma jority of all the shares subscribed, shall have power to ap- point an oinccrs, nnd make all rules and regulations neces forarrying into effect the objects contemplated by this actofinOTrporatTon-ahdtliilthel'kndentand Directors shall have power to make such bye laws, not inconsistent with tho constitution and laws of this State or of the United States, as they may deem proper for the regulation of the atlairs of the corporation. S kc. VI. Be it further enacted, That it shall be the du ty of the Treasurer to receive all monies due the company, to keep a fair account of the same, and perform all such duties a may from time to time be assigned him by the sub scribers. Sec. VII. Be it further enacted, That the stock holders shall, at their first general meeting, fix on the time or limes and the proportions in which stock subscribed shall be paid, and shall further have power to declare the stork nl delinquent stockholders forfeited. Sec. VIII. Be it further evaded. That when the aforesaid road shall be completed, before tho company shall erect a gate or gates on the sama, and demand toll, the road shall bo reviewed by two commissioners to be appointed by the County Court of Wilkes County, who shall make re- Court, that the said road is in good order. it- further enacted, Thil when the said road and approved of as aforesaid, it shall and may CHAPTER LXXX. An Act to revive and continue in forcw an act, passed in the year 194 1, entitled an act to authorize the laying off and establishing a Turnpike road from Laxton Lynche's, m Rutherford County, to the widow Sail's,, in Duncombo County. - lie it enacted by ihe General Astembly of the State of North Carohna, and il u hereby enacted by the authority of the tame, I nat an act, entitled an act to authorize the laying off and establishing a Turnpike ;road, from Laxton Lynchc', in Rutherford County, ' to 'Ihe widow Sail's, in Buncombe County, passed in the year ono thousand efgfit hundred and forty one, be, and the same is hereby revived and -con-4 tinned m force, in as full and ample a manner, n if every clause, sentence, paragraph and section therein contained not inconsistent with the provisions of this act, were herein set forth at full length; and that all the rights, privileges, immunities and advantages tlierein granted, shall be held, possessed and enjoyed by the company thereby incorpora ted, inrfhe sanio uiinner as if the provision- in, the eleventh section of said act; requiring said charter to be earned into effect within two years from its passage, had not been con taincd therein; any law to the contrary notwithstanding, provided, said charter is carried into effect within two years from the passage of this act; and provided, that the individual stockholders shall execute new bonds as required in the twelfth section of said act. Sec. II. Be it further enacted, That James Toms and James W. Patten be appointed commissioners iu tho place and stead of Isaac S. Poor and Joseph Gorden, with the same power and authority of the other commissioners named in said act. f -SECr lllr Be it further ennetedi-ThtA all that-rmrtion of said act of incorporation, which requires the Treasurer to subscribe for fifty shares of the capital stock and appoint a director on the part of the State, be, and the same ii here by repealed; that said Turnpike road shall commence at John W. Harriss1 in the connty of Rutherford, and tcrmin ate at James Thorn's, in the county of Buncombe; and that whenever five thousand Dollars of said capital stock shall have been subscribed, that the company may organize and go into operation; any thing in said act to the contrary not- withstanding. Sec. IV. Be it fur her enacted, That this act shall be in force from and after its ratification. Ratified the 8th day of January, 1843 CIIAPTKR LXXX1. An Act to appoint commisiiioncrs-to vicw-aml lay ff a road from Frederick Seven's to Janiel Buiket's, in the county of Ashe. ' - - - - -, . ... L Be it enacted hjf the Ge fefalA Xorth Carolina, and it is herein enacted, by the authority of the tame, That Thomas S. Callaway, Rudolph Faw and Jonas Rurket, Esquires, be, and they are hereby appointed commissioners to view and lay off a road from Frederick Seven's, by the way of the Walnut Grove and Beaver Creek, to Daniel Burket's. Sec. II. And be it further enacted, That before the said commissioners shall en'cr upon tho duties of their appoint ment, they shall take an oath before some Justice of the Peace for the county of A she, lo examine and lay oft said for wcry tiro wheel pleasure carriage, twenty -five eents; for every fotir Tibrse wagonfifty cents; for every two horse wagon, thirty seven and a half cents; for every tart,' twen-' ty five cents; for every man nnd horse, twelve and a half cents; for every single horse,lifx:aH cents; for every foot passenger, six and a quarter cents; for every head of cattle, three cents; and for every head of hog or " sheep, two cents. . Uaiibed the 2nd Jmiiirry, 1S45.J CHAPTER LXXXIII. I Ay;,Act suplemental to an act, passed in the year 1838, en ' titled "an act surinTehiental to art 'arSl'Tma'a' triWa - I -j aj-w-r a IIIU J Will 1834, to. lay. off and c Jn,! iiurke' ouuty, by uunwville, lancy County, to the Ten- '. nessee liner - - - ' :r--- , -. - k Beit enucled by the General Assembly of the Slate of North Carolina and it Jt hereby enacted by the authority of the tame, That for the purpose of carrying said act more effectually into- operation, I James A Rush, Alfred. Keath and Thomas Baker, Esqs., be, and the same are here. by appointed commissioner to ray off that part of-sid road lying between Burnsvillo and theludtnn Gnve Gap; and that they be required to lay off said road, so that it shall not rise more than one foot in tern Sec. II. Be itfurlhtr enacted, That said commissioner 11 shall meet and layoff said road between the passage of this ' act and the first day of June riextf and should either of them refuse oxhaabledJkirnjictm may fill such vacancy, and allow such compensation for services aVi in their discretion may seem just, to bo allowed as other County claims. . .-: -;;t IV ." t Sue. III. Be U further enacted, That this act shall be in force from and after its passage, and that all power confer t red by such act, are thereby "conferrcdoffT the commissioners under, this act; and that all la wl and clause of laws com ing within tho moaning and )urvicir of this act, are hereby -repealed. , . ; s. :!..... - . .it?, :,, , l,Rutified the Gth day of January, 1815.J . . , CHAPTER LXXXIV. ?: An Acr to establish and regulate a turnpike . road In the County of Macon, to bo colled the Tennessee River Turn. pike Road. ' ' ' 4 " ' I. Be it enacted by the General Jlitemblu of the State of North , Carolina, and it it hereby enacted by the authority of the tame. ' That Thomas "M. Moore and Alfred Hall be, and they are here by appointed commissioners to view and lay off on the best ground the intervening country. will. afford, a Turnpike i Road from or iicnr the mouth of Tuckaseege River lc th Tennessee Ihie in PoitHkxterGjip of the Smoky-tnountain-.II Sec,. 1 L Be it further enacted, That the rood so laid off shall be vested for twenty year in Thomas Ve!chr JoabL. , f Moore, B.-W, Bell and Thomas Shepherd, on the following conditions, viz. that the said contracting parties shall open and make aaid ro tions, except where sid cuttings may be necewnry, in which the road shall I ten feet wide; 2nd, Ihey shall construct all necessary bridges at least ten feet wide' the; declivities of ' : said road shall not exceed one fool purpendicnlar to eight feet horizontal; and recourse shall be had to this steepness as seldom as possible. " "" "" ------ :. .. Sec HI. Be il further enacted, That upon the persons afore nrimsd hiaking it appear to the satisfaction of said - -eommisJoners tlmt (he said road is fully completed, sgreea. bklaJlie specifications contained in the second section of this act, iIk ii they shuirTeauihnfizeddTecTli gnte and receive the following toll,, viz. for a man and horse, twelve and a half cents; f(?r q-$c Ijots and mules six and anunrter cents per head; for road wagons, one dollar each; and for r: four wheeled pleasure carriages, one dollar each: and for ; carriages and vehicle of every other discription, fifty tent each.... . . ..r. ;,' , i-, . v , .-. Sec. IV. Be it further' enacted, That should either of the commissioners appointed by this net, die or remove or refuse to act, his or their place shall be filled by the appoint ment of others, by the Superior Court of Macon County, : which commissioner or commissioner thus appointed shall have all the authority and power of the commissioner ap- i Sec, V. Be itfurlhtr tnacled. Tliat it shall be tha dot I of the commissioners appointed by thisact, under the penalty -v-.... .-m
The North-Carolina Star (Raleigh, N.C.)
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March 5, 1845, edition 1
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