' - " - - .- J - J '. llJI- -l
Q
THOS. J. LEMAY, Editor sod Proprietor.
'BortJCironua potoijrfBl ItHnttllfftnif, mafnft pftpfalTfBtfrtjfanttof oar iirtf anbtbttomrontorafffrtion
THREE DOLLARS a Tear, in AJvanct.
VOL 40.
UALF.IGII, If. C . WEDNESDAY, MARCH 1, 14.
No. It.
LAWS -: ;
or THE
STATE OF XI 0 It T H OABOLIN Ai ;
PASSED UY THE GENERAL ASSEMBLY
iT TMSI" MIO. WlllfB COMMIICCH "o At, HI TWTIJT OT
KOtlSllli ORC THOUllSB, SIT Nll)B i rOBTT EIUNT,
ill utia or T TtiiTMiiM or Jt'i,
THui'iian, hot miiiiii iiu tonri-jii.
. . . .
A U r n u K ITYT-' '"
CHAPTER LXXXH.
AN ACT to incorporate the North-Carolina Roil Hood
- - -- -Company-" :
Sec. 'I. Be it enacted by the. General Jlsembltf of the State
of North Carolina, and it it hereby enacted by the authority of
the same. That for the purpose of effecting a Kail Road commu
nication between the Wilmington nnd Haleigti Itil Rond,
where the same posses orer the Neuse River, in the county
of Wayne, mid the town of Charlotte, in this State, the for
nation Of n corporate company, with a capital stock of three
millions of dollars, is hereby authorised, to be called "The
North Carolina Rail Road Company," and when formed in
compliance with the conditions hereinafter prescribed, to
have a corporate existence ns a body politic in perpetuity.
See. 2. That the said Company be, and the s.ime is here-
.ty.UUiWOSeQ Road froin th Wilming
ton and Raleigh Rail Road, where the' same" passesT'o'vef
Neuso River, in the Comity of Wayne, via Raleigh, and
Jhence by the most practicable route, rid Salisbury, in the
Ccm nTy of Kdwan7WTtrie tdW'"of-rtotuirrthirt1imnty-of
Mecklenburg.
Soc 3, That.4ot-4he purpoteol crcaim-tlte capital
stork of said Company, the following persons be, and the
same are hereby appointed Commisioners, viz: Joseph. H.
Wtlsn, if Charlotte i William C. Means, of Coocjjrd; John.
H. Lord, of Salisbury; Richard Washington, Waynesboro:
John McLeod, of Smithfield; Geoge W. Mordecai, Raleigh;
Henry B. Elliot, Randolph; James M. Leach, Lexington;
John M. Morehead, Greensboro'; William A. Graham, Hills
boro; Nathan A. Steadman, Pittsboro'; Edward B. Dudley,
Wilmington; Alonzo P.- Jerkins,. Newbern;. Samuel P.. Har
grove, Lexiugton; Archibald G. Carter, Davie. That it shall
; be lawmT to ;p.vn tos m tne town or w irnungton, unaer
the direction of William C. Bettincourt, W. A. Wright, Dan
iel B. Baker, Henry T. Nutt, P. K. Dickinson, GUI)ert Pot
ter and William Peden, or any three of them ; ot Charlotte
under the direction of David Parks, John A. Young, Jas.
W. Osborne, Joseph II." Wilson, Wm. Elms-end. WiJIiam
F. Davidson, or any three of them; at Raleigh, tinder the
direction of Josiah O. Watson, Duncan K. McRae, William
11, fiuiueu. 1 iiuiiiuo . ijoiimy aiiu ia. gj, iiuitt'ii, ui
any three of them ; at Gaston, nnder the direction of Ed
mund Wilkin?, Willis Sledge, Benjamin W. Edwards, and
JamesGresfraiiv,OFny thrwot thomnt Warrenion, under
the direction of William baton, Uaniel turner, Peter R.
stalmerrt, shall be paid over to the general commissioners
named in tne 3rd section of this act, by the persons receiv
ing them; and for failure thereof such person or persons
shall be personally liable to said general commissioners
before tne organization oi said company and to the com
panv itself after Its organization, to be recovered in the Sn
perior court of law within this State, in the county where
such delinquent resides, or it he reside in any other State,
then in any court in. such State having competent jurisdic
lion: The said general commissioners shall have power to
call on and require all persons empowered to receive sub
scriptions of stock at any lime and from time to time, as a
rntity ef them nift y think proper, to tnakeiurn of tt
stootruy ttwm respectively received, ana to mane payment
of all sums of money made by the subscribers, that all per
sons receiving subscriptions of stock shall pass ai receipt. to
(he subscriber or subscribers for the payment of the htrsl
insralinemV as her.
settlement with the general commissioners, as n foresaid, It
shall be the duly of the snid general commissioners in like
manner to pass their receipt lor all sums thus received, to
the persons from whom received; nnd such receipts shall be
taken nnd held to be good and sufficient vouchers to the
persons hotdinjrlh:iii : That subscriptions of Mock huJ
received to an amount not exceeding
Sec 5. It shall he the duty of said general commission
ers to direct and authorize the keeping open of books for
the subscription of stock in the manner above described,
until the sum of one million ol dollars shall have been sub
scribed to the capital stock of said company; and as soon as
The simTWrnoTon
scribed, and the first instalment ot five dollars per share on
said sum shnll have been received by the general commis-
stonefSpsnkl eompfwt-y -shall -be rtgr4ed a-tormcdi'-flnd-'-thej
saiu commissioners, or a majority oi uiein, sunn sign auu
seal a-uplkiitedeciatuojiUaahaLcffec with the name?u?l
the subscril)ers appended, and cause one of the said dupli
cates to be deposited in live office of the Secretary of State,
AUil I henceforth from the closing of llie books of subscription
as aforesaid, the said subscribers 'to the stock shall form one
body pol tic nnd corporate, in deed and in law, for the pur
poses aforesaid, by the name and style of "the North Caro
lina Rail Rond Company."
Sec. 6. That whenever the sum of one million of dol
lars shnll be stibsciifted in the
subscribers, their executors, administrators nnd assign?,
shah Iwj'and they -- re hereby declared to -b. incorporated
into a company by the nnmeand style of 'The North Car
olina Rail Road Company;" and by that name shall be ca
pable, in law and inequity, of purchasing, holding, selling,
leasing and conveying estates, real, personal and mixed, and
acquiring the same by gift or devise, so fr as shall bo ne-
cessary tor tne purposes emornccu wmnn uie seojie, oojeci
and interest of their charter and no further; and shall have
perpetual succession, nnd by their corporate name may sue
and be sued, plead and and be impleaded in any court of
law and equity in the Stato of North Carolina; and may
Jiave ajidluse. a common sealx!!'00 they may niter and
renew ai pleasure; anu snau nave aim enjoy an uiuer ngnis
- DavisfWittte corporate bodies my, and of
three ottnem; at Hiagewny, nnaer tna airection ot ueorge
D. B.iskerville, Weldon N. Edwards, Michael Collins and"
AlexnnderB. Hawkins, or any three of them ; at Henderson,
under the direction of John S. Eaton, John D. Hawkins,
Vitliam Uandriers, Demetrius E. Young, or any three of
them; n't Franklinton, under the direction of Ed ward T.
Fowlkes, William II. Simms, or any three of them; at Hills
borough, undT the direction oi u: nang,- jtmn fierry,
EJward Strudwick and Col. Cudwallader Jones, or any
three of them : at Chapel Hill, under the direction of Elisha
Mitchell, William II. Merritt, Jesse Hnrgravaand P H. Mc
Dado, or any three of them ; at Ashboro', under the direction
of Henry B. Elliot, Alexander Hogan, Jesso Harper, Johna
than Worth, or any three of them; at Greensborousfh, .un
der the direction of John M. Morehend, i hn A. Gilmer,
Wilson S. IUII, Jolin A. Mebanc, nnd Jesse Iindsny, or
any three of them; at Jamestown, under the direction of
Richrd Mendenhall, Uvorge U. Mendenhall, o. u olhn,
J. W. Field, or nny three of them ; at Haywood, under the
direction of Robert Fatioctt, P. Evans, and John Williams ;
at Pittsboro', under the direction of J. A. Stedman, Green
Womackj S Mcflenahan, and Joseph Ramsay, or any three
of themx at Oarthnge, under the direction of A. Cnrric,
John M.v Morrison, Cornelius Dowd and J. D. McNeill, or
any-thjeejriLtheiavatLxitigton, under the direction of
William R. Holt, James M. Leach. Ohas. L. Pame, or any
three of them ; at Smith field, under the directi n of John,
Mcleod, Byman Bryan; L B. Sanders, Baldy Sanders, Thad
deus W. Whitley, or any three of them; Salisbury, under
the direction of Archibald H. Caldwell, Chas. F. Fisher,
Horace L. Robars( Msxwell Chambers and Thomas L.
Cowan, or any threollhem; at Statesville, under the. di
rection of Theophilus Falls, William F.. Cowan, Thomas
A. Allison, or any three of thorn; at Concord, under the di
' rection of Kufus Barriugor, Kiah P.. Harris, Daniel Cole
man, R. W. Foard and Caleb Phifer, or nny three therri; at
Motksville, under the direction of John A. Lillington, Gns
tavus A. Miller, Archibald G. Carter and Iemuel Bins;-
. ham, or any three of them; at Salem, under the direction of
. l.l li . , - r n m ir-t ' . . .
r raucis r reus, joaii vogier, i uouias j. n uson, jonu UlacK
-bnnrn. or anv three of them; whoso dutv it Khali K in Aimt
the opening of books for subscription of stock, at such times
and places, and under the direction of such persons as they,
or a majority of them, may deem proper; and the said com
missioners, shall have power to appoint a Chairman of their
body, Treasurer, ana all other officers, and to sue lor and
recover till sums of money that Qught, under this act, to be
received by them.
Sec. 4. That all persons who may hereafter be author
ized to open books for subscription of stock by the comniis
sionen hereiu appointed for that, purpose, shall open said
hooks at any time after the ratification of this actJt went y
lays previous notice being given in some one or nidre of the
tHilid ncttrspapertr hi this State; and hatatd fcook,wheri
nneuedrshall be kent ooen for the soace-oT thirtlav9 "at
Iitasi, nnd as long thereafter as the commissioners first above
named shall direct; that all subscriptions of stock Bhall be
.iniliarea of one hundred dollam. the subSr.rirwr nirttiir m
. " - -y- , . . .--y.. y.- 1
rie time m maklnsirch subscription live dollars on ,each
iare. thus .subvert bed, to the person or persons authorized
cceivc such subscription; and in case of failure to "pay
1 sirti, alt such subscriptions shall be void and of no ef-
r-; Hiitf upon closing the boiks, all' such sums jus shall
- have been tlHirreceivt.'il of subkiihers otxilte. uUajh...ijA,iwiaK.rciW.
right do exercise; and may make nil Mcir'byeawirnteY
and regulations, as are necessary for the government of the
corporation, o ' effecting the objpet for which it is created,
not inconsistent with the Constitution and laws ot the Uni
ted States and of the State of North Carolina.
- Sec. 7. That notice of process upon the principal agents
of said Company, or the President &r any of the Directors
thefBofVshall be donned and.ta
ticeof service of process upon the Company, so a$ to bring
it before nny Court within the State of .North Carolina.
Sec. 8. That as soon as the snm of one million of dol
lars shnll have been subscribed in manner aforesaid, it shnll
be the duty of the General Commissioners, appointed under
the 3d section of this Act, to appoint a time for the stock
holders to meet at Salisbury, in RowanCouuty, which they
shall muse to 13 previously published, for the pncc of thir
ty days, in one or more newspapers, as they may deem
proper, nt which time nnd place the said stockholders, hi
person or proxy, shnll proceed to elect .the Directors of the
Company, and to enact nil 6iich regulations' nnd bye-laws
as may be neccessary for the government of the Corpora
tion and the transaction of its business ; The persons elect
ed directors at this meeting, shall serve such period, not ex
ceeding one year, as the stockholders may direct; and at
this meeting, the stockholders shall fix on the day and place
or places wtierc ine stiosequein eiecuon oi aircciors snail oe
held; and such elections shall henceforth be annually made;
but if the day. of the annual electforTiTibiild pass without any
election 0I directors, the corporation shall not be thereby
dissolved, but it shall be lawful on nny other day to hold
aiid mako such election iu such manner as may be prescri
bed by a by-la of the corporation.
Sec.-O. That the nthir of the company shall be man
aged and directed by a general board, to consist of twelve
directors, to be elected by the stockholders rom among
their number at their first and subsequent 'general annual
.meetings, as prescribed in section 8th tf this Act. t
Sec. 111. . I hat the election ol directorj shall be by hnllpt,
each stockholder having as many v.jtes os he has shares
in the stork of.said company ;" nnd the person'hnving a
majority of all the votes polled shall be considered as duly
elected.
Sec. IL That the President of ihv Company shall be
elected by the directors from among their number, in such a
manner as the regulations of the company shall prescribe.
Sec. 12. That at the first general meeting of the stock
holders, directed to bo called tinder section' 8ih of this Act( a
majority of nil the shares subscribed shall be represented be
fore proceeding to business, and if a sufficient number do
not nppenr on the day appointed, those who do attend shnll
have power to ndjourn from time, to time until a regular meet
ing shall be thus formed; nnd at scuh meeting the stockhold
ers may provide, by a by-law, as to the number of stock
holders and tfo.mMtitrJUxdj
shall coustitute a quorum for transacting iHisiness atiitl
subsequent regular or occasional meetings of Stockholders
and Director?. '
JtJjrh?.i?,lU l'IPft. .nd "Pn t' votes taken
in any general meeting" of tho toekli"oldrs- iipoiilin'y"by
luw or any of the affairs of snid company, each Tiaro of
toeltsbaU be, entitJedltg one Vote, and that any atockholder
ui said company may vote by proxy; and prbxleshiaFbe'
venR&SIa siicfinianur is 'lltV sfuckliofdttri "Vf tf-Ia vtt
i"iiJil.-p!W.'31.-l
Sec 1 4. That tlw geiwral commissioners shall make their
return of the shares ot stck subscribed for, at the first gen
eral meeting of stockholders, and pny over to the directors
elected nt said meeting, or their authorized agent, nil sums
of money received from subscribers, and for failure therefor,
shall be personally liable to said company, to he recovered
at the suit of said company, in nny of the Superior courts of
law m this State, within the county where such dellnquaul
or delinquents may reside, nnd in like manner from said de
linquent or said delinquents' executors or administrators, iu
case of his or their death.
Sec. 15. That the board of directors may fill all vneon-
c'm which may occur ut it 4u r tug live period fat wli iciMlmys
have hecn elected, andjn the absence, of the Presideut may
fill his place by electing a Piesident pro tempore from a
unong their number, , - .
Sec. 16. That all contracts or agreements, authenticated
by the President and Secretary of the board of directors,
'sTiaTT-CiliTiMin'g'o'n tfie company "wrihour'nTeat,"iTTOctra
mode of authentication may be used, ns the comnnny, by
their by-laws, may adopt.
Sec. 17. That the corn,ny shnll have power and may pro
ceed to construct, ns speedily ns possible, a rail road, with one
oyjoore trackSjJo be used with steam power,-which fchall ex
tend from the Wilmington nnd Raleigh Ril Road, where
the same passes over Neuse River, in the county Wayne,
ota Raleigh nnd Salisbury, to the town of Charlotte, in
Mecklenburg county: said company may use any section ol
the rail road constructed by them before the whole of said
road shall be completed;
S.ec. 18. That the said company shall have the exclusive
chandise and produce over the s.iul rail rond, to be by them
constructed, at such charges as may be fixed on by a major
ity f-fh-Oirrctor-"----"-"-
Sec. 19. That the srd company aj', when they see fit,
form oiitihcir ri;rhy t, rn n sport fit ion Jtvvt said rniuond, Mib'
ject to the rules abote mentioned ; and snid company
and every person who may havo received from them the
right of transportation of goods, wares and produce on the
said rail road, shall be deemed and taken to l n' common
carrier, as respects nil goods, wares, produce and merchan
dise entrusted to thom for transportation.
Sec. 20. That the Imard of directors may call for the
payment of the sums subscribed, as slock in said company
in such instalments ns the iuterestof said company niny, in
their opinion, require: the call 'for each payment shidi be
published in one or more newspapis in this Stale , lor the
space of one month before the day of pnymbnt; nndori laihire
of nny stockholder to pay each instalment as thus required,
the directors may sell at public auction, on a previous notice
of fen days, for cash, all the stock subscribed for in said com
pany, by such stockholder, nnd convey the samo to the pur
chaser at said sale; and if said sale of slock do not produce a
sum sufficient to pay off the incidental expenses of thea!e,
nnd the entire amount owing by such stockholder to the
company for such subscription of stock, then and in that case
the whole of such balance shall be held and taken as dt)eat
once to the company, and may be recovered of such stock
holder or his executors, ; nanjmisirators orassfgti at-the
suit of said company, either by summary motion in any court
of" superior jurisdiciioa.inJ.,he county where the delinqmuil
; j - ... , v . : - .v t
resiues, on a previous nonce oi ten unys to saiu sucscnoer,
or by the action of assumpsit in any court of competent juris
diction, or by a warrant before a justice of the peace, where
the sum does not exceed one hundred dollars; and in all
cases of assignment of stock, before the whole amount ha
been paid to the company, then for all sums due on such
stock, both the original subscribers, and the first and id I
suiweqrreni assignees snau ue-iiaomio iiietuiupuiiy, aim ine
same may be recovered as above described.
Sec. 21. That the debt of stockholders, due to the com
pany for stock therein, either as original proprietor or as first
or subsequent nssujuwe", shall he cons ids red as ol equal dir
nit v with judgments in the distribution of assets of a de
ceased stockholder, by his legal representatives.
See. . I tint said company shall issue certificates , 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.
eec; 23. That the said company may, at nny time, in
crease its capital to a sum suiiicient to complete sara noao,
not exceeding dollars, either by opening
books for new stock or by selling such new stock, or by
borrowing money on the credit of the company, ana on the
mortgage ol its charter and works; and the manner in which
the sam shall iw donehrerther case, hoiM prescribed by
thu stockholders at n general meeting.
Sec. 24. That the board of directors shall once in every
year, at lenst, make n -full report on the state of the. com
pany, and us nllHirs to a general meeting ot the stock-hold
ers, and oltener if required by a by-law, and shall have pow
er to call a general meeting of the, stockholders, when the
board may deem inexpedient: and the company may pro
vide; iu their by-laws, for occasional meetings being called,
and prescribe the mode thereof. x
Sec. 45. 1 hat the said company may purchase, hate and
hold, in fee, or for a term of years, any land, tenements, or
hereditaments, which may be necessary for the said Road,
or the appurtenances thereof, or for the erection of deposito
ries, store houses, houses for. the officers, servants or agents of
the company, or for work-shops or foundries,' to be used tor
the said company; or for procuring jBtone or other materials
necessary to the construction ot- the Road, or for electing
transportation thereon, and for no other purposes whatever.
5cc. !iO..TIi;t the company shall have the right, when
necessary, lo conduct the said road across or along any pub
lie road or water course : rroviuei, 1 hat the said company
shall not obstruct any public road, without constructing
another equally as good nnd as convenient, nor without ma
king a nnvm any bridff ot said road, which may erossa
navigable stream, sufficient for the passage of vessels navi
gating such stream, which draw shall be opened by the
company for the free pnssaga of vessels-, navigating such
stream. "
required by said company, for the puipose of -constructing
their road, and for the want of ' agreement as to the value
thereof, or Irom any other cause, the samo cannot m pur
chased from the bnef of owners," the same mny te liken at
a valuation to be made "by five commissioners, or a majority
of thern, to le appointed by any court of record, having com-
. i i 'ryZ-.Xim- . r: . l. .
moil law jurisuiciion iu me coumy wiiem suura pan oi mo
land or right qI Way isi ''w(tfa!t'dVIn'Tn,alt1fl'gr'"lho said vain
atkn,-tlienid commssioncrt hall-ta,teito,'CtiidcratJon'
the loss or damng which may accrue to the owner or own
ers in consnqnence of the land or the right of way being
surrendered, nnd the benefit and advantage lie she or they
may receive from the erection or establishment of the rail
road or work, and shall stnto particularly the value and a
moiint of ear.li; nnd the excess of loss and damage, over and
above the ndvantago and benefit, shnll furm the tueasura of
valuation of the said land or right of way: ProTro,ntr
trthelttt, 'hat if any person or persons over whose land
the road may pass, should be dissatisfied with the talunliouof
snid Commissioners, theu and in that case, the person or
ier.ons so dissatisfied may have an appeal to the Superior
court, i the county where the $a& valuation ha been mad
or in either county in which the land lies, when it may lie.
in more, thnn one county, under the same rules, regulation
and restrictions as in appeals from judgrrents of justices of.
the pence. The proceedings of the aaid commissioners, ac
companied with a full description of the said land or right of
ayrsTifitt be returned; titiderttie handa and seals of a m
jority of the commissioners, to the court from Which the
commission issued, there-to remain a-matter of record. And
th lands or right of way so valued by the said commission-
rs, shall vest in the said company so long as the same shall
be used for the purposes ot said rail road, so soon as the val
iwtioii mny be paid, or, when refused, may have been ten
dered : ProtMed, that on application for the appointment, of
commissioner, tinder this section, it shall beinade to appear
to the satisfaction of the court, that at least ten days previ
ous notice has been given by the applicant to the owner or
owners of land so proposed to be condemned, or, if the owner '
or owners be infants or non compos mentis, then to tho guar
hrfeBrwer'HewMrte4tu
found within the county, or if he cannot be so. found, then
such appointment shall not be made unless notice of theap-
plietioM-shaU -hvebee ptblihed,ri lea9t-one month-
next preceding, in some newspaper printed as convenient
as may be to tfio court houso of the county, and shall
have been posted at the door" of the court Eousa, on the
first day at least ot the term of said court, to which the
application is made : Provided farther, that the valuation
provided for In this section, shall be mads on oath by the
commissioners aforesaid, which oath, any justice of the
pence, or clerk of the court of county in which the land
or a pnrt of it lies, is hereby authorized to administer:
Provided further, That tho right of condemnation herein
granted shall not authorize the said company lo invade the
dwelling house, yard, garden or burial ground of any'indi-'
viJ?!t,witliout his consent,.;,. ..mM.
; Sec, 23.That the right of satd company, 4p ,coiidemtt :
lands in the manner described in the 27th section of this
act, shall extend to the condemning one hundred feet on
ench side of the main track of the road, measuring from the
centre of the same, unless in case of deep cuts And fillings, '
when snid company sliull have power lo condemn as much
in addition thereto, as may be necessary for the purpose ot
constructing said roadfand the company shall also have
power to condemn any appropriate lands in like manner, for
the construe, ing and building of depots, shops, ware-houses,
buildings for servants, agents and persons employed onlhe
road, not exceeding i w acres in 4ny one lot of staloflt
Sec. 29, That iu the nl sencaofauy contract or xontriicts -
with said company, In relatior. lb lands through which the
said toad or- its branches may pass, signed ..by . the. OWMC
thereof or by his agent, or any claimant or person In pos
session thereof, which may be confirmed by the owner there- -of,
it shall bf presumed tfiat the land upon which ihe said
road or any of its branches may be constructed, together
with a space of one hundred feet on each side of the centre
fhSL?!M wit hai been granted, .tn ihe (Miklipjrjjry:,,
'fiion?roWerl' fhereof;" and the said ""company "shal t - T
have good right and title thereto, and shall have, hold and
enjoy the same as long as the same be used for the purpo
se! of said road and no longer, unless the person or per
sons owning the said land at the time that part .of the said
road which may be on the said , lantj, wns finished, or
those claiming under him, her or them, shall apply for an
asses'irent of the value of said lands, as hereinbefore di.
reeled, within two years next after that part of said road,
which may be on the said land, was finished; and in cose
the said owner or owners, or thoso claiming tinder him,
her or them, shall not apply within two years next after
ihe said part was finished, he, she or they shall be forever
barred from recovering said land or having nny assessment
or compensation thereof i Provided, nothing herein contain
ed shall afToct the rig his of feme covert or infants, until two
years after the removal of their respective disabilities.
Sexsr30rThatiill lands not heretofore granterJhoTinyier- "
son, nor appropriated by law to the use of tho State, within
one hundred feet of the centre of said road, which roay .be
constructed by tho snid company, shaH vest in thai compWy -
ns soon as the line of tho road is definitely laid out through
it, nnd any grant of said land thereafter shall be void.
. Sec, 31. That if any person or persons shaR intrude upon
the said railroad by any manner of use thereof, or ot the
rights and privileges connected therewith, without the per
mission or contrary to the will of the said company, he, she
or they may bo indicted for misdemeanor, and upon convic- '
tio:i, fined and imprisoned by any court of competent juris
diction. -" '
Sec. 32. That if any person shall wilfully and. malicious
ly destroy, or in any manner hurt, or damage, or obstruct, or
shall wilfully and maliciously cause, or aid, or assist or coun
sel and advise any other person or persons-la-destroy, or in a
ny manner to hurt, datnnge or destroy, -injure or obstruct the
said rail rond," or any bridge or vehicle used for or in the
transportation thereon, any water-tank, ware-house, or aqy
other property of said company, auch person or persons tor
ofiendiug, shall be liable to be indicted therefor, and, on con-
miction, ttiall be imprisoned not more than six, nor less
than one month, and pay a fine not exceeding five hundred
dollars, nor less thantwentydoUars, at the discretion of the
court before which sold conviction shall take place; and
sliull be further liable to pay all expenses of repairing the
sme; nnd it shnll not be competent for nny person so offend- -
ing against we provisions oi mis clause to dereou mmsell
by tleadior Riving in evideiice tfiat he was theewner.
gent or servant of the owner of ihe land where such destruc
tion, hurt, damage, injury, or obstruction was done, at the '
time the same was done or caused to be done.
Sec7"33. That every obstruction' to "the safe and Iree ' "
passage of vehicles on the said Road or its brnuche shall -"' v .
be deemed a public nuisance, and may be abated as such' " - -by
any officer, ajent or servan -ot said Company: and the
person causing such oostrmnon may be indicteq and pua
rshcdfor ctecting a public nuance, . . ,