North Carolina Newspapers

THOS J, LEMAY, Enm ii PaaiaTaa.) 'ava itiA wiiFCi i ak, lariuscrvAt aaaratsicat assavacBs vaa las or HI ! vaa v arvsavioas' (THESE WttAK8 A YtAliaiatAasa tol. as. BALEIGII, If . C , WEDNESDAY APHIL T, I8T. 'i ii i rmt m m i in "miiii.ii j mi ',' '' ,'',' . - ' " LAWS of the STAVE OP KOBTII CABOLWA, MASSED BY THE GENERAL ASSEMBLY. AT Tl SSSSlir Wl CC 0 VOSSAT, fas airraaaTB ow aoriaasa, "ova Taocsisra tiT acanaia aa foaTT if, aaaia ots siaaTksara at tim'l, . TMVMII SIOST BO!Bf B ABB BOBTf TB. (BY AUTHORITY An Aet to incorporate the "Roauoke Kail Road Company. CONCLl'DKB. mprietor entitled to a majority of all the rotea which eould be given by all the stockholders, shall be necessary either in person or by proxy properly authorized: and if a sufficient number do in H attend on that day, or any day appointed for a general Meeting culled by the directora aa aforesaid, the proprietors who do attend may adjourn from time to time until a general meeting slial be held. Sec. 31. That in counting all votes of theaid com pany, each stockholder ahall be allowed one vote for each altare, not exceeding two aharea; one vote for every two shares above two and not exceeding ten shares; and one vote, for ev ry five' (shares above ten, by him held at the time, in the ,to of the company: Provided however, that no stockholder, whoa- " on individual or body politic or corporate, ahall be entitled to j nior than sixty ; votes on liny amount of the capital acY of! aaid coW oany held by "im or See. 32. That the president and directora, ahall render dis tinct accounts their proceedings and disbursmenta of money, to the annual n;eeU5.n of the stockholders. Sec 33. That the work hereby required of the noa wtoke Kail Road Company, shall be executed with diligence; iiu if they be rbfin'' "!f9wn T" - ewe of thia act d finish within ten yean. after the first gen- - .--! f ,i ..iuu Hcn this charter ahall be for- 8ee.f. That the president and directora ahall cause w written or printed .certificates Tor the shares oithestoCK n compaay and ahall deliver one such certificate, aigned 1 presit: it, a id e junteraigned by the treasurer, - to - each person, lor the number of ahares subscribed by him, which certificate hall be transferable by him, subject however, to all payments die, or to become due thereon: and such assignee having !ax-ed die transfer or assiimment to be entered into a book of the company to be kept for the purpose, shall thenceforth become a member of the said, company . and shall be,liable to - pay all sums due. or which shall become due upon the stock as signed to him: Provided however that such assijpnment, shall . in liability to the said company, for the payment of all such sums, if tho assignee or bis representative, shall be unable or fail to "pay the' same." : """ 8iH. S3. That if anr nerson or Dersons shall wilfull v. bv anv nieana whatever, injure, impair, or destroy any part of the rail road constructed under this act, or toy of the necessary work, ma chines, wagons, vehicles, carriage, or other property, belonging to the said company, or shall place any obstruction upon said Mad, - uch person or persona shall be deemud guilty of a misdemeanor, ' and on conviction thereof in the court of pleas and quater ses- . ' .inn, nv iinnnnp mmvI nf lnw kf ill A niinHr whM 4ti nflTinM may be committed, shall be fined and imprisoned af the discretion of die court. K Sec. 36. That it at any time hereafter, the above rates for tolls and transportation shall eniblo the said president and directors, after the payment of all necessary expenses, and after sjI ting apart a fair and reasonable sum for the renewal and repairs ol the said road, ware houses and depots and other constructions, and of the amenities, cars, and other vehicles for transportations, to divide more . than fifteen oer cent. "on their capital stock invested, that the said rates of tottj and dinvtors," as to enable IherTi la divide fifteen r ccntj a iu no more. Sec. 37. .That no person shall be eligible as president or director of said company, unless he be a resident citizen of mis oiaie. , , Fee. 33. That it shall be the duty of the president of said coinpnny, on the first week in December ot each and every year, to transmit to the General Assembly a correct state ment of the receipts and expenditures of said company da ring the year pr .-ceding. . .v-: Sec, 39. That when the General Assembly may be ot o pinion that the charter hereby granted, shall have been viola ted, it may be lawful by joint resolution of the two houses, to direct the Attorney General, with such assistant counsel as the Govern or or Legislature may. think proper to engage, to issue a writ of rirt facias, returnable before the judges of the supreme court, railing upon said corporation to show cause why their charier shall not be forfeited, subject to the same proceedings aa are "ow prescribed by law in ease of other corporations. Sec. 40. That any road which may hereafter be constructed , bythw State, or by any company- incorporated by the Legisla ture, shall be at liberty to cross the road hereby allowed to be constructed, upon a level or otherwise as may be most advan tageous, provided the free passage of aaid Roanoke Rail Road is not thereby obstructed. See, 4 1. Be it further enacted. That whenever the said rail road shall be so crossed, or approached by any other rail road incor porated by this Stole, the. said Roanoke Rail Road Company may erect depot, at or near die point of intersection, where they " may revive and deliver passengers and freight, and take therefor the same rates of compensation, and be subject to , tllf l ame regulations, at at other ,depotsj and should they fan or refuae to ereei such depots, the State or company owning the interacting. rad, may erect oner-and me-rompany hereby fujorporated shall receive and deliver passengers and freight at suc'i thspots, under the same regulations as aforesaid, unless the same shMI be rendered impracticable, by the situation of the road at auch places. .., ... , . St;c. 4i. Be it further enacted, That the said Roa noke lluil Koad Company shall hnve full power and au iliokyto condoiun the-intercst-of-individuate ttrtheTail road tridee over Roanoke river near the ' town of Weldon, . nnd in the same manner, aud upon the same terms and con JUiaw that the said company is uuthorized to have lands co; lelnu3 f.r the . purposes of said rail ruad: Provided however, that before the said condemnation shall take place, ilia said Roanoke Hail Road Company shaU satisfy and pay to the Hoard of Internal Improvement of this bate, the debt due to the said board by the Portsmouth and Romoke Rail ' Road Company, and for which debt a mortgage tua been executed on the said bridge, by t the said company to the k , ikl Uo-ird of Internal Improvement, and r when, the sali J dplif shallhave been paid, together with the interest which J"1 hWe accrued thereoiu theii alt. the right, title, andin Urext In the s;iid bridge, belonging to the said Board of In- .'V'u'. Iinprovenisat, shall vest , in the sakl Roanoke Rail .V v'tup my,, and Uie sail Ilonrd f Internal Improvement tJLt iWWMti9MW& w- iilake an t assignment of the said HAitL. jUt: it t'umkitr mia-trA ,Thnt lenrnm-.tln hour Cf hcreii granted. s!ia!l M i I.eirffJ fof 4ilnrt y ytitf uiuf , -w - r no longer, unless renewed by competent authority. Sec. 44. He it further enacted, That it shall be law ful for the said Roanoke Rail Road Company, to extend the rail road contemplated to be constructed under the pro visions of this act, from the said town of VYeldon, to such point on the Raleisrli and GabvOU rail road, as the said Roanoke Rail Road Company, through their president and directors may aeem most usetui ana expedient; ana lor mis purpose they are hereby invested with all the powers, priv ileges, rights and benefits, conferred on the said com pany, for constructing and using the road herein author ised to be made from the said town of Weldon, to the line of the State of Virginia, in the neighbourhood of Marga rettsville; and the said company shall be subject to all tho restraints, regulations, liabilities and requirements imposed by the preceding section of this act, in making the said road from the said town of Weldon to the Raleigh and Gaston Rail Road. , Ratified 15th January, 1847. J An Act concerning a road in Iredell county. Be it enacted bv the General Jimbh of the Stale of North C&olimit nnd hereby enacted by the authority of the tame, That B W, McDowell. Isaac Lowe and Charles Graham, be. and they sre hereby appointed commissioners to examine, lar ofT anu (Sane SUU u;ciuvui nw uninvKucun u uicj iuv ueoiii right and proper, in (he public road from Rufus Read's, in Ire dell county, by Beaiie'a Ford on tne Catawba iver, to Lincoln ton. And after said - commissioner, or a majority of them, ball lay off and make such - alterauoos and improvement, on any psit or parts of said road, uy shall then report such alter ations to the county coait of the repec:ire counties in which they may be madt; and that written report ahall therein be fileu, .. See, dell written report of any alterai?OT of "id road, made and marked by !.. it. ... m.iA i..;.-n ai'U sppoiftt overseers and hand, to make the public 'muTee TaltereT anu ?twlreaa afbre said; and all and every part of said road shall b wp n? re' paired as other public Mads. Ser. S. Be it further enacted, That if any person or pefJ Ifebatt ceac any part of said road passing through his or her land, he or she may file a petitiou In tl e county "court of the county in which the alleged injury-is said to exist. - and ask and obtain a jury to assess anv damages he may thereby sustain; and if any dama ges are allowed, they shall be paid by the county; and if do dam ages are given, the petitioner shall pay ail cost. Ratified 18th January, 1847. Bee 2 Be ' fwther enacted That the county rurts of Ire l. Mecklenbarff a Wn'" hsll each respCf-lifely, leneversaid commu.io.:r. majonty of them, shall h.ff a An Act - to incorporate i the Caldwell " an Company. u Be ittnacttdhi the General Attemilutf tkt State of Worth Carolina and it it kirtbf tnacten Ay tkt authority of the mme. That Dr Larkia Jones, Robert C Williams, George Rowers, George . Hamil ton, William Dula, or a majority of them, are hereby appoint ed commissioners to open books and receive subscriptions of stock to the amount of five thousand dollars; which sum, together with the amount to be raised as hereinafter pro vided, shall constitute the capital stock of the company hereby incorporated; and it shall be the duty of. the com missioners to open books at Lenoir and at Jefferson, and at such other 'laces as a majority of them may think proper, on the second day of April next, after giving due notice of the time and places by public advertisement, at least fiteen days previous;- and . said-commissioners shall open the books from time to time, as they think proper, until said stock is subscribed. Sec 2. Bo it futther enacted. That whenever the eaid amount shall be subscribed, it shall and may be lawful for the Public Treasurer, and he is hereby directed to appro pi into-the sum of five thousand dollars, as it may be received, out of the sales or entries of the wild or unentered land in the counties of Ashe and Caldwell, now belonging to the State, for the purpose of aiding to construct said road; and that the part of the sums to be hereafter received from the payment of tolls, shall be paid to the State in proportion to the amount owned by the State in said road. Sec 3. Be U further enacted. That the aforesaid cani- tal stock shall be divided into shares of twenty dollars each, which shall be applied in laying out and making a lurnpuce roaa irom x aaicin M nouse, in uaidweu coun ty, by the Blowing Rock, to the Tennessee line; the road to be made sixteen feet wide, clear of obstructions, except where side cutting may bo necessary,1 in which case the road may be twelve feet wide. Sec 4. Be it further enacted. That aa moan aa tha sum nf five thousand dollars shall be subscribed, it shall be the duty of the commissioners to call a general meeting of the. stockholders in the town of Lenoir,"' and if a majority of the stockholders shall attend, it shall and may be lawful for them to appoint a president, treasurer, and three directora for the term of one year, and until their next general meeting of die stockholders; and the said pres ident, treasurer and directors, when so appointed and their suc cessors in office, shall constitute a body corporate and politic in law, by the name and style of "The Caldwell and Ashe Turnpike Company;" and by that name may sue and be sued, plead aniLbe uapieauea in any court of record within this State; and as such nave perpetual succession, and a common seal, and shall have and possess all the rights and privileges necessary to carry into full effect the objects of this corporation. See. 5. Be it further enacted. That the number of votes to which any stockholder may be entitled, shall be aceordinr te the number of shares he may hold, in the proportion follow inr. that te ayt for one share and not more than' two. One' vote; for every two shares above two and not above ten, one vote; for eveiy five shares above ten and not exceeding fifty, one rote; and lor every ten snares above buy. one vote. . .. Sec. 0. Be it further enacted. That the owners of a majority of all ths shares subscribed, shall at any time have power to re move from office ths president, treasurer and directors of said company or any of them, and appoint others in their stead, and to fill all vacancies which rosy happen in any, way; and . it shall ba the duty of the president to make a full and tail1 state ment of all the affairs of the company to each general meeting of th stockholders and it shall be the duty of the treasurer to receive and account for all monies belonging to the company. "id keep a fair account of the same, and to do and perform all suiAt duties as may be required of him, In relation to bis office U further enacted. That the stockholders, at their 6 following rates, that is to say: for a man and borae, 10 cents; for loose horses and mules, 8 cents; for cattle, 3 cen'a each; hogs and sheep, 1 cent each; for six horse wagons, 75 cents? five horse wagons, SO cents; four horse wagons, SO cental two or three horse Wagons, 371 cents.' gig, sulky or cait, 25 cents. sec. 0. He tl further enacted, I hat it at any time the said company shall suffer the ruad to get out ol order ard remain so lor the space of twenty days, the president and diiectors ahall be Object to indictment, ia any court of record, and on conviction shall be fined at the discretion of the court. Sec. 10. Beit further enacted. That if any person or persons shall for the purpose of avoiding the payment of the above tolls, either break through or so round tlie toll sale, they shall be subject to pay fire dollars, and be further liable to damages, lo be recovered before any court or jntice of the peuee, in the county where the wrong shall be committed Ratified 18th of January, 18i7. An Act to amend an act entitled " an act to consolidate and amend the acts heretofore passed on the aubject of Common Schools." See. 1. Be it enacted by the General Attembly of the State of North Carolina, and it i hereby enacted by the authority of the tame. That the school committee of the several school dis trict shall be elected on the last Saturday of June in each and ev ery year, whose term of service shall commence on the first Mon day in July, and continue for one year and until others are cho sen. . i Sec. 2. Be it further enacted, That the board of superinten dents of common schools in the several counties "if this Stat, are authorised and empowered to appoint a committee of examination, consisting of tf more than five persona, whose duty it shall be to examine into the qualifications, both mental aud moral, of all such pcraoiis aa may apply for employment as teachers iu any of, Uie common schools in their respective counties, which .said committee of examination shall and may be convened by said board t sueh tune nd place aa to them mayjinexjdii;DtT. Resolutions rclatiye to the eom of North khifcpaggfa ' " - in tho capture oiMontereyi V "I V Whereas the General AssombW of ICw r'-f:.:! i,.. . Sec. i. Je it further enacted. That hereafler, no person shall be employed as a teacher in an of the common schools in any coun ty of the State, in which an examining" f ommittce is 'appointed, Ur;1es lie OtitalB lro a majority T die cWiiUW oT -ixanliuaUon for the county in wliich he seeks employment, a certiucate of.ii; good moral character and sufficient . mental qualifications as auch teacher. . . . , Sec. 4. Be it further enacted, That tile chairman of the board of superintendents of common schools in tins State ahall In no ewe pay. any .draft drawn 1 for tlie support of common schools, unless such draft shall be ac companied with a report from the committee of die district, stat ing the name of the teacher in eaid district, the length of time for which the school may have becu kept during tlie current year, and the several branches taught. . i; yi; Sec 0. Be it further enacted. That all laws and clauses of laws coming in eonfliet with tlua act, be, and tlie Same is hereby repealed.. :y.:,.v r- . ;,; ,,, P.tl.vU; .Katified 18th day ol January, 1847.J . ; , , ,t An Act to change the time of electing Superintendents of Com mon Schools in Uie counties ol UranviHe and Wake. See. 1 . Beit enaritJ by th General Jltetnbly of the State of North Carolina, and it it hereby enacted by the authority of. the tame, That tlie court of pleas and quarter sessions of the coun ties of Granville and Wake, shall at the term next preceding' the first Monday of June, in each and every year, a majority ' of the justices of said county being present, appoint not more than five nor less than ten superintendents of common schools, who shall hold their appointment for one year and until others are chosen. Sec. 2. Be it further enacted, That the term of said superin tendents shall commence on Uie first Monday of June, and they shall assemble at Uie office of the clerk of the county court, on tlie said day, and appoint one of their number chairman. Sec. 3. Be it further enacted, That free while men of the several school districts in said counties, who are entided to vote for members of the House of Commons, shall vote by ballot, on the last Saturday in May, in each and every year, for three men, to beenu'ded-Tlie School Committee,' whose term shall com mence on the first Monday in June, and continue fur one : year, and until others are chosen; and the said election shall be held and conducted under die same rules, regulations and restrictions, except as to die time of holding the same, and the commencement of the term of the committee as provided and set forth in the eighth section of an act, entided "an act to consolidate and amend the act heretofore passed on tlie subject of common schools," ratified the 9th of January, 1845. , ' - ,j See. 4. Be it further enacted, That it slwll be the duty of the justices of the county court of Granville county, a majority of the justices being present, once a year, and every year to appoint three competent committee men, to be . called the "examin ing committee" for said county; and it shall be the duty of heard with pnJeiuid pleasure; of the gallant conduct of - .kt ui who were,ongnnpq , the nicrnorableactioij f which took place oy the Vlst, the 22nd and 6hVl of Septem. ber last, at Mouteray, ja Mflxjco, between (he forces) of they U,,ited Stulc commande-d bylfJcherarZachary Tiylbr jind ' the Mexican army; ncTwhrrcasr-is prrjper'ttial tea " ,r.. . , m Ingn Bense wnicn thie fr - Legislature entortains of the important services aad goodV conduct of the sons of the State of North CarofcnV oi th occasion refilled to " ' 4 "':, , i Belt therefore resolved, That the thanks of ihGeneial Assembly ore due, aniarherebfrendtbe'nt" officers and sofdicra. nallvtabf North Croliha.hrt aW ak , engaged in the memorablexaplure of Alonterew in'-mrXiw 4n thomonth e! Sentembct last, IWjlho.l1aVe courage displayed by them on that trying njcasiorir r lUsotved furilker, That Ills' Excellency 1hi GVi.fr V '.' 1 .i. J wrcfllUI a ,v iuuvii io ins omcers ana soldiers afore said the adoption by this General 'Assembly of thV iL iM tioninirmannctlrt hriialrr o- jFBertvtf-falUerru Hug Ccoeral assembly have" heard wirti nufoigned orrow of tin, deaihr tleutenani Slide, wio was killed M tlie scijre of Monterey, ia Mexico, whtU gallantly fighting the r cmlryjanti that " this General "Assembly lively iradoct. W Hie f bereayed family of Lieutenant Iloskins its ritvnest ivmnnlhv kn'A COBdoIeiic. on Itrbi arrllriira uj . , . r , , W.V.l. . X T. wmvea. jitnarr, i nat a copy of this resolution bo transmitted by (lis Excellency the Governor to the family nf tlie )uw LiewepanMJOSjm'3, ; , , .. Jl. ' ' tRa'rtK'a d January, 1847. -isv.sfc'-fiaV.1itfil-,-s i1solto AHflWetostag the -Public Square 6rtvhUK irt" Stato House is situated, h : -sji.1 :;.--r-ii r-w "rt-T ..v;) -i. t.v'v- .h .wtt . Whereas tho Publw Square In tU city of Raleigh, on which is erected the State nouse, U tirienclpsedland by. - feasoulKerwrn shade treea growing' thereon much injured, i but the 'State . House iteelf much' exposed to defacement .and Injwv oif every tort arid whereas it is not only the duty, but ought to oe uie pnue oi every ointe to guaru ana careuiliy pre- . serve the building in which her JLrgulature wtsj and in which her recttrdr rre keptrFi'i tl .V. yfuiT7K:mZ . ., 1 l; Be U therefore reeoived; by th$ Other?, itemtfo 'oP. ' tkt Statt of North Carolina, That the Public Square in thi city of Raleigh, on which U erected the 'State Houses i be enclosed by a good and durable fince, to be made of atone) and Iron, according to the drawing or plait ! ahd "i spintiix lions submitted bf Uie special eoramittee tppxiuited fcy bofh houses of the General Assembly for that purpose': Provided. that Uie whole cost of said fence or enclosure, shall not ex- ceed the aum of twelve thouiana dollars.; IZ 'XlV 2. Be it further retoltud. That the "6nstruction wtsaid , ' fence, be under Uie control and management of tho board, of public buildings', and that before tho: contractor ; or ' con- , tractors aie allowed to commence Uie said work, the said board shall require him or them to entetrlnw Vn '-. good and sufBcient security, in the sum of fifteen thousand V dollars, payable to Uie State of North Carolina, conditicsod that Uie said contractor or contractors shall execute ftbeV work in a reasonable time, and in a good, substantial and. " workmanship manner, and according to the plan - and peel-' ' fications submitted ))f the joint committee on the subjcctAo enclosing the Capital Square. .J7,, , TTflu 'w'? :"; 3."i7e tt further rceoUsd, That the board of public build)- ''.. ings shall make, as a part of the contract which may be tcir. ;y . tered into between them and Uie contractor W enntratoca, ' . ' for building said fence, that Uie said coutractor or contrao-, tors shall take, at a fir valuation, in part payment 1 of I th . sum to be paid for building said fence, any old iron: which ' ' the State lias, or may have: and that said iron shall bo at . the disposal of the said board for such purpose.! ' :H -' trtttttTartkermotiedy&Xtt "thou. sand dollars be, and the same is hereby appropriated out of ; any moni- in the Treasury not otherwise trpriated, for ' ' c the construction of said fence; aud that the aaid sunt bft tl commiuee, either joindy or erperauly; to examine every Vne.ipaid "oui to the board of public buildings bf-the Treasurei-, f -who proposes to teach any of the common achools'in said eonn-!in such sums as ithev mav reauirt and that lha VCm tyVandn auchapplicant shall be founA to- pse compete m alt6Wed the same Itf tlie settlomcnf of nii accoust 'nA 't knowledge of the branchet iiu-ually taught in common achoi'ls, J rUjje that the said boardashaU pay ouC to the contractor n"u Pve nun or ner a eemneaie w uuu ciiecif ana m - - - tAMI mtu.h ,nm. of ,im ' d. - - ' - VI wnivwawp "vm Mii mm jw siuVM aMvrf wa UVV aU-UtJ . , presentation of such certificate to the school committee for any of the districts of said county, it ahall be competent for such aclu ol committee to employ such applicant if they deem it advisable. But it shall not be lawful for any of said committee to appoint any teacher who shall not first produce to them such certificate of eompctenryt and if they rhould employ any teacher without su h certificate, it shall not be lawful to pay sueh teacher his or her wages, or any part thereof out of tlie school fund belonging to said county. ,n ,. ' hn , oee.7. Be it further enacted, mat the stockholders, at their Ortt I r8ec. o. lie it further enacted. That au lawa and clauses of annual mJBf. ahall fit on U iim and proportions in , which : a eonflict WHh the provision of this set, be, at d tuesi(H.sunsc.iH!alulHwim..j; ki na.i lurtner nave power,. . ,,,(,11 ; inq.ient stfweribVrs rorfehed.' " "v, "l7 " .' .. . . . to declare the stock nf the delinq 1 . ,'--n it further tnnclcJ, Thi when- the -told Shall be completed, as hrccied in Ibis ae,tl tt slialt and . may; be laWful for ili company lo. erect a toll fate or, gales' at aome jcoiivenicsl pljcc or places on said road and demand and r.'cc ire' tolls at tlie -V See 0.: Be It further enacted. That this act ahall be ia fort-a from and1 after its ratification. ' 'J ' r- t. - Ratified 18th January, 1817. deem nroner. 5. tie it further rteUred, That the eaid aboard shaH'srl. vertise In two newspapers printed in the city of Raieish, including a description of toe plan for three months' and V. let me same to me wweu oiauer.or oiaaers; provided he or they shall enter into bond, as is prescribed, in resolution second, and that' the contractors be allowed to rtsa freo of ' charge, any stooe which they ma? choose to take from tha ' Quarry belonging to the State, and any looso Itone about tha - public equate, which belongs to the State., I . 1 6. Be it farther resolved, That the drawing r plan for building said fence, wlUi the specifications, submitted by the joint committee, be deposited with the board of pallia ' buildings, under whose control tho erection of sai J Itrro, according to aaid plan, has in the second . resolution Ker) placed. fsl-" m,s ! r,---wT,.,' : it-'-Ci Ratified 18th J(iuuary4 1847.J . . .