Whole JVb. 3J1.
The "Xorth-Carolina Free Press,"
UY GEORGE HOWARD,
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The following Acts were passed at the
last session of the General Assembly.
AN ACT
To incorporate the Tarborough and
Hamilton Hail Road Company.
1. Be it enacted, bv the Ge
neral Assembly of the State of
iNorth-OaroIina, and it is hereby
enacted by the authority of the
4ame, that it shall be lawful to
open books in the town of Tar
borough under the direction of
Michael Ilearn, Thcophilus
Parker and Spencer D. Gotten;
in the town of Hamilton under
the direction of James L. G.
Baker, William R. Bennett and
Exum L. Lowe; in the town of
Williamston under the direction
of James B. Slade, James Shaw
and Henry Gray; in the town of
.Norfolk under the direction of
James Gordon, John Newton
anujonn u. itoy; in iMtzauetii
Uty under the direction of may be required by the Presi- 'shall have power to make con
John L. Bailey, William Grego- dent and Directors of said Com-1 tracts with anv nerson or nr-
ry and Charles R. Kenncy; and!
at such other places, and under
the direction of such other per
sons, as the Commissioners
herein named for the town of
Tarborough may appoint, for
the purpose of receiving sub
scriptions, not exceeding the
sum of sixty thousand dollars, in
shares of one hundred dollars
each, to constitute a joint capi
tal stock for the purpose of ef
fecting a communication by a
Rail Road from the town of
Tarborough to the town of Ha
milton, Hill's or Anthony's fer
ry,? or any intermediate point;
the precise route shall be deter
mined on by the Company here
by incorporated; that the said
books shall be opened in each
place, at such time as the Com
missioners, or deputy Commis
sioners, shall respectively ap
point, between the thirty-first
day of March and the first day
of July next; and shall bc kept
open at such place, at least sixty
days, and if it shall appear that
more than the whole amount
authorised by this act shall be
subscribed, then it shall be the
duty of the Commissioners, or
a majority of them appointed to
receive subscriptions at Tarbo
rough, to reduce the number of
shares subscribed for, among
the subscribers, in fair and
equal proportions to the amount
of stock subscribed for respec
tively by each, until the whole
amount of shares shall be redu
ced to six hundred But
if the whole number of shares
shall not be subscribed. for with
in one year from the time books
ahall be opened to receive sub
scriptions, then the books may
be closed or continued opened
as a majority of the Commis
sioners nained to receive sub
scriptions at Tarborough may
Turboroush, (Edgecombe County, X. C.) Tuesday, February t, i8SZ
judge most beneficial, until the
whole number of shares h;dl
be subscribed fur; and the time
and place of receiving such
subscriptions as aforesaid, shall
be advertised in one or more
newspapers published in the ri-
ty of Raleigh, in the town of
larborough, Elizabeth City,
and Norfolk, Virginia.
When three hundred si inrr
shall be subscribed in manner
aforesaid, the subscribers, their
executors, administrators nr n.
signs, shall be, and they are
hereby declared to be ineornn-
rated into a Company by the
name arm style ot "The Tarbo
rough and Hamilton Rail Road
Company," and in that name
may sue and be sued, plead,
and be impleaded, and shall
possess and enjoy all the rights,
privileges, and immunities of a
corporation, or a body politic in
aw; and may make all such
ye-Iaws, rules and regulations,
not inconsistent with the Con
stitution and laws of this State.
or of the United Slates, as shall
be necessary for the well order
ing and conducting the affairs
of the Company.
Upon any subscription of
stock, there shall be paid at the
time of subscribing, to the per
son or persons appointed by
this act, or by virtue of this act,
to take subscriptions, the sum
of one dollar on every share sub
scribed, and the residue there
of shall be naid. in such instnl-
merits, and at such times as
pany: The said Commissioners
anu deputy Commissioners shall
forthwith after the election of a
President and Directors of the
Company, pay over to the said
President and Directors, all mo
nies received by them: ami on
failure thereof, the said Presi
dent and Directors may recover
the amount due from them, or
from any one, or more of them,! at Tarborough or the seat of
by mm ton, on ten days previous ' government to appoint aTrea
notico, in the Superior Courts, surer, Clerk and such other offi
or in the Courts of Pleas and ccrs aa they shall deem expedi
Quarter Sessions, or before a ont, and transact all the busi
Justiceof the Peaceof the coun- ness of the Comnanv during the
ty in which such Commissioner,!
his executor, or administrator,
may reside.
2. Beit further enacted. That:if anv stockholder shall fail to
when three hundred shares or
more of the stock shall have
been subscribed, public notice
of that event shall be given by
any two or more ot the said j
Commissioners appointed to
receive subscriptions at Tarbo
rough, who shall have power at
the same time, to call a general
meeting of the subscribers, at
such convenient place and time
as thev shall name in the said
notice: To constitute any such
meeting, a number ot persons'
i i ! .. r -li 4.1 i
noiciing a iii.ijoruy ui an mo
i i :i j i it i
shares subscribed, shall be pre
sent either in person or by
proxy, and if a sufficient num
ber to constitute a meeting do
not attend on that day, those
who do attend, shall have pow
er to adjourn, from timn to time
until a meeting shall be formed.
3. Be it further enacted, That
the subscribers at their general
meeting before directed, and the
proprietors of the stock at every
annual meeting thereafter, shall
elect a President and five Di
rectors, who shall continue in
office, unless sooner removed,
until the next annual meeting
after their election, and until
their successors shnll h lprt.
cd, but the said President or
any of the Directors may at any
time be removed, and the va
cancies thereby occasioned, be
miea by a majority of the votes
given at any general meeting.
The President with anv three
or more of the Directors, or in
the absence of the President,
any three of the Directors, who
shall appoint any one of their
own body President pro tem
pore, shall constitute a Board
for the transaction of business.
In case of vacancy in the office
of President, or any Director
happening from death, resigna
tion, removal or disability, such
vacancy may be supplied by ap
pointment of the Board, or by
the proprietors in general meet
ing. 4. Be it further enacted, That
the President and Directors of
the said Company shall be and
they are hereby invested with,
all the rights and powers nc-i
cessary for the construction, re
pair and maintaining of a Rail
Road, to be located as afore
said, and to begin at sUch point,
and to be prosecuted in such
direction as the stockholders
shall direct; and may cause to
bo made and constructed all
Works whatsoever, which may
be necessary and expedient, in
order to the completion of the
said Rail Road.
5. Be it further enacted That
the President and Directors
Isons, on behalf of the Compa-
ny, tor making the said Kail
Road, and performing all other
works respecting the same,
which they shall judge necessa
ry and proper to call on any
emergency a general meeting of
the proprietors of the stock,
giving one month's notice there
of in some newspaper published
intervals between the general
meetings of the same.
6. Be it further enacted That
'pay the sum required of him by
the President and Directors, or
'a majority of them, within one
j month after the same shall have
been advertised in some news
paper published at Tarborough,
or the scat of government, it
shall and may be lawful for the
President and Directors, or a
majority of them, to sell at pub
lic auction and to convey to the
purchaser, the share or shares
of such stockholder, so failing
or refusing, giving one mouth s
t r !. .: i
previous nonce oi uie ihiiu unu
I i . i . ..c
place of sale in manner afore
said, and after retaining the
sum due, and all charges of the
sale, out of the proceeds there
of, to pay the surplus over to
the former owner, or his legal
representative; and if the sale
shall not produce the sum requi
red to be advanced, with the in
cidental charges attending the
same, then the President and
Directors may recover the bal
ance of the original proprietor
or his assignee, or executor, or
administrator, or either of them,
by motion, in ten days notice
before the Court of Picas and
Quarter Sessions of the county
of which he is an inhabitant, or
by a warrant before a Justice of
such countyand any purcha
ser of the stock of the Compa
ny, under the sale of the Presi
dent and Directors, shall be
subject to the same rules and
regulations as the original pro
prietor. 7. Beit further enacted , That
if the President and Directors
cannot agree with the owners of
land through which it may be
necessary to make the said Rail
Road, as to the terms upon
which the said Rail Road shall
be opened through the same,
then it shall be lawful for the
said President and Directors to
file their petition in theCourtof
Pleas and Quarter Sessions of
the county wherein the land lies,
under the same rules and regu
lations as are now prescribed
by law for laying oft public
roads, and upon the filing of
said petition, the same procee
dings shall be had as in cases
of public roads and when the
jury shall have assessed the da
mages to be paid to the owners
ot the land through winch the
same shall be laid off, then it
shall be lawful for the said Prc
sident'and Directors, upon pay
ing the owner or owners of said
land, his, her, or their guardian,
as the case may be, or into the
office of the Clerk of the Court
of Pleas and Quarter Sessions
of the county wherein the land
lies, the sum or sums so asses
sed, to enter upon the land laid
off, and construct their Road
thereon, to make all necessary
excavations and embankments,
and other structures necessary
to the construction, and preser
vation of said Road, and to hold
the said land to their own use
and benefit during their corpo
rate existence; and in all things
to have the same power and
authority over said land, so laid
ofF, during their existence as a
Corporation, as though they
owned the fee simple therein
Provided, that nothing in this
act contained shall be construed
to give power to said Company
to lay olfsaid Road through the
yard, garden, burial ground at
tached or appurtenant to the
dwelling house on any planta
tion through which it may be
deemed necessary to lay off
said road, without the consent
of the owner thereof.
8. Be it further enacted, That
whenever any wood, gravel or
earth, may be wanted for the
construction or repairing of
said Road, and the President
and Directors cannot agree
with the owners of the lands
adjacent, as to the terms on
which they can procure the
same, then it shall be lawful for
the President and Directors, by
themselves, or officers, or a
gents, to enter upon any adja
cent lands, not in a.state of cul
tivation, and take therefrom all
wood, gravel or earth so needed
as aforesaid Provided, that
they shall not, without the con
sent of the owner, cut down any
fruit tree, or trees preserved in
any lot or field for shade or or
nament, or take any timber or
gravel constituting any part of
a fence or building And where
any gravel, wood or earth shull
be so taken as is provided for
in this act, it shall and may be
lawful for the owner to file his
Vol. VIII.- JVo 27.
petition in the Court of Pleas
and Qaarter Sessions of the
county wherein the land lies,
from which said earth, gravel, or
wood may have been taken,
first giving ten days notice to
said President and Directors,
their officer or agent, of the filing
of such petition, praying to have
a jury summoned, to go upon
the land and assess the dama
ges he, she, or they may have
sustained thereby, upon which
it shall be the duty of the Court
to order a jury as in laying off
public roads, which jury shall
go upon the land and after be
ing duly sworn to do equal jus
tice to all parties in assessing
the said damages, shall consi
der what damages the owners
of said land shall have sustain
ed, and after assessing tho
same shall return their procee
dings to said Court; and if the
Court shall approve thereof, tho
damages so assessed, together
with all costs shall be paid by
the President and Directors
But if the said Court shall not
approve thereof, they shall or
der another jury to be summon
ed, Who shall proceed in like
manner to assess said damages,
and return their proceedings to
said Court And upon approval
thereof by the said Court, said
damages and costs shall be paid
by the said President and Di
rectors: And if said President
and Directors shall not pay tha
damages so assessed, and all
cost, execution may issue a
gainst them therefor as against
other corporations Provided
always, that either party not sa
tisfied with the sentence or de
cree of the County Court, may
appeal therefrom to the Superi
or Court of Law for said county.
9. And be it further enacted,
That it shall be lawful for said
Company to purchase lands
from the proprietors at any
point on said road, not exceed
ing ten acres in any one tract,
to be used by them for all ne
cessary purposes of said Road,
or to be disposed of by them
when it shall be deemed proper.
10. And be it further enacted,
That whenever in the construc
tion of said Rail Road it shall
be necessary to cross or inter
sect any established road or
way, it shall be the duty of the
said President and Directors of
said Company so to construct
the said Road across such esta
blished road or way, as not to
impede the passage or transpor
tation of persons or property
along the same; or when it shall
be necessary to pass through
the land of any individual, it
shall also be their duty to pro
vide for such individual such
wagon ways across said Road
from one part of his land to the
other.
11. And be it further enacted,
That the said President and
Directors, or a majority of
them, shall have power to pur
chase, with the funds of said
Company, and place on tho
Rail Road constructed by them
under this act, all machines,
wagons, vehicles, carriages and
teams of any description what
soever, which they may deem
necessary and proper for the
purposes of transportation.
12. And be it further enacted,
That all machines, wagons, ve
hicles, carriages, and all other
personal property purchased by