THE QQM4imiClAL
I puallshsd every T0i3y, Tarid(t!fM4 Saturday,
at 03persanuai, payable in ilcascstn advance by
to oiu as loring;
; , 1: feDiTcuiANppiiopaiEToaj . , .
" ASSOCIATE EDITOR. ;
I Corner of FtmtranWIttrket 'Streets,
' S wiLatikoi-o!, it,'
RATES OF ADTEBTtSma. ! ' '
1 nqr. 1 insertion. $031 1 sqr. 2 months, $4.
1 " 2 " 75 1 " 3 " 5
1 ' 3 " 1.03 1 ,; G " 8
1 ,; 1 manth, 2.50 1 " 1 year, 12
Twelve li:is or less makes a square. If
san Advertisement exceeds twelve lines, the
price, will be in proportion.
All aJraii;;ne;its are payable at the time
of their insertion.
Cntra.Jti with yearly A vcrtiaefs, will bo
made on the roost liberal trms.'
. j All A. ljrtu.imcnf inserted in the
tri-weekly Co:nmrcial, are entitled to one
Vnp.i tio r.ntae Weekly, tree of charge
JOB, CARD and FANCY PRINTING
executed in superior style.
The privilogo of Annual Advertisers Isstrictly lim
it od to their own immediate business ; and all edver
tiseTiiants for tho benefit of other person, as well as
all advertisements not immediately connected with
their own. business, and all oxcess of advertisements,
in lengtn or otherwise, beyond tho limits engaged,
will be charged at tho usual rates.
AGENTS FOR THE COMMERCIAL
NEW YORK: Messrs. Baowx& DeRossbt.
BOSTCW: FaBDEmcK Kiddeb, Esq.
D. CASIIWELL,
IJJSISSm Mi FJ1-.V1RDISB IE5CB1ST,
WILMINGTON, N. C.
Feb. 8.
U9
JOHN II ALL.
SHU' AOliN r
, AND
COMMISSION MERCHANT,
No. 30 UR.WIRII STREET.
New Orleans.
ApriiiJ, iarc. ll(My-
F. J. LORD & CO.
ttice Factors & Commission Agents.
Nov. -', 1817. 103-1 -p.
M'KILEIt & M'RAE,
LUMBER AN!) TIMBER AGENTS, UEJIEUAL
C:l.01SSl!).N MIUIIANTS, nud tROCERS,
Slort formtrbj occupied by Hall & Asmstboso,
NORTH WATER STREET,
WILMINGTON, N. C.
HICTOU M'KF.LI.Aa.
Nov. 11, 1918.
ALEX. M'RAK.
102
L .MA L LETT,
AGENT FOH TJ1E SALE OF
Timber, Lumber, Naval Stores, &c.,
Null's lltiildhig, Nrlh Water Street,
WILMINGTON;-N.-C.
Nnv. 9,1949. ll
B1RRY, BRYANT & CO.,
COMMISSION MERCHANTS,
WILMINGTON, N. C.
March 17, 1319. 1 tf-
WILLIAM NEFF,
Laic, of lite I'u-m of N.ff & Warneh.)
V.::jLKiAl.L .VXD KF.TAIL. DEALBIl IN
SHIP CHANDLERY, SHIP STORES
AND GROCERIES,
CORNER OE DOCK 4 WATER STREETS,
WILMINGTON, N. C.
Dec. 7th, 1343. 113 tf.
JOHN D. LOVE,
Dealer in
CABINET FURNITURE,
ROCK SPRING,
WILMINGTON. N. C.
storr, KEEN &C0.
MERCHANT TAILORS,
AND DKA LF.K J IN
SUPERIOR
WeaOl .MaAc iloWing.
MARKET STREET.
WILMINGTON, N . C .
Oct. 21, 1813. 9iy-
CORNELIUS MYERST"
MAN UFA C TU RE R,
AVD DRALUn IM
HATS, CAPS, UMBRELLAS AND
WALKING CANES, &c.
WILMINOTO.N, N. C, Market-st.
Oct. 17 1848. 91-tf.
JsTi, morrFs,-
Lumber and Timber Inspector,
WILMINOTON, N. C.
Oct. 12,1848.
89-6m
JAS. T. MORRIS,
Acnt fur tbe Sale or Purthaw of 5EGR0ES,
WILMINGTON, N. C.
Oct. 12 1848. , 8Mm
A. B. STITfl & Co.,
AUCTIONEERS MD C0111SSI0N MERCHANTS,
Fa jretterlll Street,
RALEIGH N. C.
Will attend to all orders sod commissions In tbeir
line of business, with punctuality and dispatch.
Rsrsa to
HisEseeDency Cmas. Mamlt,
1. O. WAttash fceq ,
Matmbw Saw, Ei
lion. J. R. I. Pakiiu
Ok.' W. KoaDscAi, Esq,.,
Mj. C. L.:Hiwti.
Jteigk, N. C, Peo. 22, 1849. MS-lta-e.
MOT 11
,....,..,,, l:-;:;;-;-;-;;;-- PUBLISHED TRI-WEEKLY, tSY THOMAS LORING.
. , ; A; t . ,',;, r,L -, , . .. -.. . .
"VOL. 3 NO. 153 WILMINGTON, TUESDAY MORNING, MARCH 13, 1810. Whole No. 4G5.
W. L, SMITH,
(Latg of the FiftM of SaKdford &. Smith.)
AUCTIONEERED
COMMISSION MERCHANT,
WILMINGTON, N. C.
Store on North Water Street, Parity's block.
Oct. 14 1348. SO-yc
J. S. WILLIAMS,
Fancy k Staple Dry Goods Store
m DJjinmr op Win. mn Diiuii stmb
MARKET STREET,
WILMINGTON , N. C.
Oct. 14,1813. 90.
W. BRANSON,
AGENT FOR IMS SALE OF
IIJlBBnY LUMBER, ft Hll BfOllBS,eU
Nult's B'iUding, NMh ffatcr Street.
WILMINGTON, N. C.
N. B. I hnve a hrge and Secure Timber Pen
where I will put all Timber hit with me for sale at
as Small ch lrge as is nude by any other Agent in
this place, W. B.
Sept. 28 1848. 83-c.
B. I. HOWZE,
ATTORNEY AT LAW,
WILMINGTON, No. Ca.
Will practice In all the Comttt of Wanc, Duplin
and New Hanover Counties.
WILLIAM J. CLARK,
ATTORNEY AT LAW,
RALEIGH, N. C.
Sept. 12th. 1343. I6-LrLL
cTrrol l & f e ne l l .
Grocers & Co n niioii Merchants,
WILMINGTON, N. C.
AVE ALWAYS ON HAND A GKNEBAL AfiSOBTMENT OK
PAIULY CiMCmilKS, LipiiS, H fcc
AND WILL PAY FAITICULAB
Atteatiaa to t!ip sil) of all kinis of Pro I nco
. . C A R R ILL, C. X. FSNNKLL.
July 13, 1848.
iTODERICK CLARK.
MANUTACrUREB AND OEALEB l.V ALL CINDS OF
CABINET FURNITURE
CHAIRS, BliDSTElDS, WRITING UESKS, MAT
TRASSES, PAILUSTKHS, kt.
FRONT STREET. NEAR MARKET,
WILMINGTON, N. C.
April llth, 1949. ' Illy.
DER0SSET k BROWN.
WILMINGTON, N. C.
BROWN & DEROSSET.
NEW YORK.
, i: F.tl.L COM MISSION MERCHANTS
March 17, 1919. 1-y.
J. & W. L. McGARY.
FORWAIUIl.U AH CilJI.ll SSI ON
MERCHANTS,
WLMlNJrO.V, N C.
Marcli I7,lj43.
GE0RGE S. GILLESPIE.
aognt for tui: sale of
TIMBER LUMBER, NAVAL STORES,
All u ikeliberalcash idvances on alloonsljnments
of produce.
March 1 7 .
GEORGE W. DAVIS.
COMMISSION MERCHANT,
WILMINGTON, N. C
dnrch 17. 1848.
J. C. LATTA.
COMMISSION MERCHANT,
AND GENERAL AGENT,
WILMINGTON, N. C.
Oct.10.1949. 67
CASSIDEY, SCI1RADER & CO.,
ENGINEERS AND MECHANIST
WILMLNTQNC.
thi above riaa hats bbsotid an crrmiTS
IRON AND BRASS FOUNDRY,
. 'TOdtTHSB WITH
Machine and Blacksmith Shops,
Where orders for ery descriptien of wort In their
ilns of business, will ba expeditiously and
faithfully executed.
July 25, 1343.
LIFE INSURANCE
IN THE NATIONAL LOAN FUND SO
CIETY, OF LONDON,
,Al
FIRK INSURANCE
IN THE1 JiTNA n3TJRANCE COM
PANY, OF HARTFORD, Conm.,
Ol, llf Thb
HOWARD INSURANCE COMPANY,
. OF NEW YORK,
May be efleeted by appllcatioa to
. s DaROSSET Sc BROWN.
Nov. 25, IR47. W9
BENJAMIN BLOSSOM,
COMMISSION MERCHANT,
NEW YORK.
Liberal adfaeeee made upon Coostcnmenteof al
bine's of produce.
References.
Meter. J. A D. If cRai,
O. W. Davis, Eee, V WUmingtosu
J. ft Bloisom Esq. )
Pec.l9,lfl U
-i ri r, .?.'; .vuktjt , ..i'.;:'! A,i.j. '
HENRY ft RUSSELL,
AGENT FOR THE CAPE PEAR
STEAM SAW MILL,
WILMINGTON, N. C.
Strict attention given to the faithful execution of all
oiders for Lumber.
Jan. 1, 1849. 124-lyc
- GE OaRRISsT
General Com mission Merchant,
WILMINGTON. N. C.
STRICT atiniim given l ptocurlng KrclghU
and piirchaaiag Cargoes for vessels.
Kama to ,, ,
E. I. Hall, Esq., 1
O. Q Parilsy, Ksq., '
J. A, Taylor, Esq , Wilrninjton.
J. I) Bell-iniy, Rsa..
Messrs. Mallard & Uontinglon, J
Messrs. Tooker, Smyrh ft CO., ) York
" Thompson Hunter, t-ewiorit.
Alexf. Henon, Jr , Pliila lelphia
Messrs. Williams 4 Butler, ) r,. . 0 r,
H. K. Baker, Esq , ' Ch. , 'lesion, S. C.
Jan. ?,ia9t'. 1-23-if.
ELLIS MITCHELL'S
chain store, MurpiyU Building
near
Weasel's dock.
OF.ED
Wheat and R.e; North Carolina Coin;
O Cow Pe;is; Fresh
Ground Meal and Hoinoiiv ;
VVhife llonidny lleans; New (;orn Meal nnd Utick-
wlicut and Ryj Meal; Bi.ickeyed Ytn 0,it; Fay
etteviiio m l ii.nl riour, turrulannd tnll 1)I)f.,h w
crop; Hi ; Cow ami Horses feed vunslan'ly on
hand, and for sale.
Nov. 2.
J. R. BLOSSOM,
FORWARDING AM) (M.lPilSSlIlN MPCI1AST.
WILMINGTON, N. C.
Liberal Cash advances made on consignments to Mr.
Uuiy.iiiiin Hlocsoin New York.
ALSO. .
AGENT FOR THE MUTUAL BENEFIT LIFE IJiSL
RAXCE COMM.
Capital liabkfttr Lotxcs, about $700.00n.
Dee. 19; 1313. 1 ;9 Cin.
MARTIN k CRONLV.
i. AUCTIONEERS,
COMMISSION MERCHANTS,
GENERAL AGENTS.
Wilmington, N.C., Oct. 3 1318.
t-5-tf.
' Dr. B. MUNSEY,
IIOMCEQI'A T1IIC Pll YSICIA N,
AND
DENTIST,
MARKET St, C Doors above Front St.
Dec. 23, 1348. 120-6ino.
JOHN T . R U S S ,
INSPECTOR OF
TIMBER AND LUMBER
WILMINGTON, N. C.
Oct. !4 1S49.
00-
F. J. LORD & CO.,
Agents for the
NAUTILUS MUTUAL LIFE INSURANCE Co
Accumulated Capital, $130,000.
ALSO FOB. THE
EACjLU LIFE k HEALTH INSURANCE CO.
Capita!, $100,000.
Will take risks on lWcs of SIoycs.
Office 23 NortU Water Street.
Oct. 24, 1849.
WSt. M. HARRIS. tl'GSNC a. DBAKK
IIARRISS k DRAKE.
General Co n;nksi)n Merchants,
W1LMINOTON, N. C.
RcrtBENCis:
O. O. i'arslov. Esq.
Col. John McRae, Wilmington, N. C.
Messrs. UallardA Huntington, )
Will Peck. Esq . Raleleh, N. U.
Messrs. Hnll, Sackett Co,
'' Foyelteville, N. i
Joseph Uiiev. Esq..
Missrs. James uorncr et sons, nnnimor.
" K. A. Souder Si Co , Philadelphia.
' Thompson & Hunter, ) N v k
11 Pillsbury A Sandford, neW Iorl
" lluntlng 4-Tufis, Boston.
11 J.4 0.P. Tiicomb, Kennebunk, Me
September 14th. 1848. 77 tf.
COHON YARN.
-g f Bulcs, B. C. Varna assorted numbers, for
l-Usaleby i, C. LATTA.
Oct. 24. W-if.
A Fine Set of Teeth for 25 tents.
White Teeth, Foul Breath, He. Iihy Gems.
Yellow and unhealthy teeth, after being once or
twice cleaned with
JONES' AMBER TOOTH PASTE,
have the appearance of the most beautiful Ivory, and
at the same time it Is so perfectly Innocent and exqul
siietyfine, thsittt constant dally use Ishlghly advanta
geoua. even to those teeih (hat are in good condition,
giving them a beautiful polish, and preventing a pre
mature decay. Those already decayed, it freventi
from becoming worse U also faateaa such as are be
coming looae, and by perseverance it will render the
foulest teeth delicately white, and make the breath
dolclously sweet.
PRICE 25 0 R 37, CENTS A BOX.
Sold la Wilmington, by Uppltt A WUlkings.
FEATHERS.
2ooObL;
LBS prime live geese Feathers, for ealc
W.
L. SMITH.
Dec. 12.
116-6
CORN.
lnfi BUSHELS CORN Jast Retired per rail
'w road sad For sale by
IIARRISS DRAKE,
Feb. 10 140.
BUTTER.-Fresh Ooehen Futfer. Tor sale by
HOWARD A PEDFN.
Feb.l. m.
AN ACT
To improre the Cape Fear and Deep
Hirers aboye ravetterille.
Whereas the navigation of the Cape Fear
mil Deep River above Fnyettcville nnd as
fiir up the same us is practicable, would be ol
importnnt public utility ; and muny persons
are willing to subscribe money to effect tlte
work, and It is jusl, tl'ut such nulisc ibcrs,
their heirs and assigns, shall receive reasona
ble tolls in Siitisfuciion for the money advtin
ned by (hem lo execute the said work nnd lor
the risk they run; and whereas the Cape
Fear Navigation Company did at their annu
aftfttceting in the year 1831, relinquish nit
claim to the river above Fayctteville to any
Company th;t would improve the same.
1. Be it therefore enacted by the General
Assembly of the State of North Carolina, and
it hereby enacted by tht authority of the la nit,
That it shall be law hi I to open books in the
town of Wilmington, under the direction ol
A. J. DeRosset, Jr., John McRae. Miles Cos
tin. Beniamin I. Howze. Wrn. C. Bettencourt,
or any three ol them ; at Favettcville under
the direction ol James L. Dobbin. Archer
McNenl, Benjamin Atkins. John D. Cameron,
David A. Itay, or any three of them ; nt Pitt-
borntiini under the direction of INalhan A
Stedman. W. T. Horn, John J. Jackson. H.
A. London, M.IJ, Waddell, John A. Hanks
S. McClenahan. or anv three ol them : at
Hay wood under the direction of Robert K
Smith, Elias Brian. Robert Fuueett, William
Crump, James D. I'ullen, or ony three of
lliem; atLarthage unilerthe direction ol Jno
Morrison, Charles Chalmers Angus II. Krl'
ly, Samuel J. Person, Dr. Bruse, or any three
ol' them ; at Asliboro' under the direclion of
Alfred Marsh, Franklin Iloovtr. Jonathan
Worth, Henry B. Elliott, Win B. Lane, or
any three of themy at Greensborough under
the direclion of David F. Caldwell, John M.
Morchead. John A. Gilmer, James W. Doak.
James Morehead. or any three of them ; nt
Salisbury under the direction of John W.
Ellis. Willie Bean, John A. Lillinglon, Ham
ilton C. Jones, or any three ol them ; nt
Hillsborough under the direction of Hugh
Wuddtll, Giles Mebane, Cadwallader Jones.
jr., John Berry, Sidney Smith. ,
or any three of them, and lit such other places,
and under the direction of Ruch other persons
as any three of the Commissioners hereinbe
fore nuraed to superintend tbe receiving of
subscriptions at l'iltsborough shall direct, for
the purpose of receiving subscriptions to an
amount not exceeding two hundred thousand
dollars in shuies i l oi.e hundred dollars each,
lor the purpose of effecting a communication
by Steamboats, from some point at or near
Waddtll' Ferry, in Randolph County to
Fayctteville, and for providing every thing
necessary and convenient for the purpose oi
transportation,
2. The times and places lor receiving sub
scriptions shall be advertised in one or more
newspapers published in the town ol Wil
mington, Fayetleville and Pittsborough, and
the bonks fur receiving the same shall not be
closed ia lc4 than ten days,and ifit shall ap
pear that more than two thousand shares of
the capital stock aforesaid shall have been
subscribed for. within tho said ten days, it
shall he the duly of the said Commissioners
at'itisborough, or and threo of them lo re
duce the number of shares subscribed lor,
among the subscribers in fair and equal pro
portions lo the amount of slock subscribed for
ref pectivi ly. by each until the whole amount
ol shares shall be reduced to two thousand ;
but if the whole amount shall not be subscri
bed for within ten days from the time the
booko shall he opened to receive subscriptionr-,
then the books mav be closed or continued
open, or closed and re-opened without further
notice as a majority of the above named Com
missioners -it Piitaborough may judge to be
most expedient, until the whole number of
shares shall be subscribed for.
. 3. When five hundred shares shall be sub
scribed for in manner aforesaid, the subscri
bers their executors, administrators or assigns
shall be and they are hereby declared lo be
incorporated into a Company by the name
and style of the "Cape Fear and Deep Riv
er Navigation Company," and by that name
shall be capable in law of purchasing, hold
ing, selling, leasing and conveying estates,
real and personal and mixed, so for as shall
be necessary lor the purpose hereinalter men
tioned and oo further, and shall have perpet
ual succession, and by said corporate name,
may sue and be sued, and may have and use
a common seal, which they shall have power
to alter or renew at their pleasure, ana ahall
have and enjoy and may exercise all the pow
ers, rights and privilege which other corpo
rate bodies may lawlully do, for the purpo
ses mentioned is this act; and may make all
such bye-laws, rules and regulations not in
consistent with the laws of this State or of
the United States, as ahall be necessary for
ihfl well ordering and conducting the affairs
of the Company.
4. Upon any subscription of stock as afore
said there shall be paid at the time of subscri
bing to the said Commissioners, or their
agents, appointed lo receive such subscrip
tions, the sum of two dollars on every share
subscribed, and the residue thereof shall be
paid in such installment and at such times as
may be required by the President and Direr
tors of said Compnny. The said Commis
sioners or their ngenU shnll forthwith after
the first election ofPresideut and Directors of
the Company pny over to the "said President
.ml Illrprinn nil monev received bv them.
nnd on failure thereof the snid President and
Directors may recover the amount due from
them or Irom any one or more of them by mo
tion or ten days previoai notice in the Court
of Pleas and (i. Sessions, or the Superior
Court ol Law. in any Connty wherein such
Commissioner or Commissi oners, their exec
utors or administrators mav reside, or by war
rant before a Justice of sold County.
5. When five hundred shares or more of the
stork shall hare been subscribed, public no-
ill
lice of thut event shall be given by three or
tnor of ihe said Commiiwoners at Pttubor
ough. who shhll have power at the same time
to call a general meeting ol tho subscribers,
at such couvcnii nt place and time as they
shall name in e.tnl notice, (to constitute tiny
such meeting, u nnmher of persons entitled
to a majority ol all the votes which could be
given u poii all shares subscribed, shall be pre
sent, either in person or by proxy, and. if a
sufficient number to constitute a meeting do
not uttend on that day. those who lo attend
shall hare power lo ndjoun from tunc to time,
until n meeting shall be formed.)
b. 1 he subscribers at this general meeting,
before directed, and tbe proprietors of stock
at every annual meeting thereafter, shall
elect a President and five Directors, who shall
continue in office unlea sooner removed, un
til the next annual meeting afterlhtir elec
tion, and until their successors shall be elect
ed, but the Presidit or any of the Directors
may at any time removed, and the vacan
cy thereby occasioned be tilled by a majority
of the votes given at any general meeting;
the President with any two or more ol the
Directors, or in the event ol the sickness, ab
sence or disability of Ihe President, any three
or more of the Directors who ahall appoint
one of their own body President pro tempore,
shall constitute a board for the transaction of
business.
In case ol vacancy in the office of Pici
dent, or any Director, happening from death,
resignation, removnl or disability, such vacan-
cy may oe supplied ny appointment ol me
hoard until the next annual meeting.
7. The President and Directors of said Com
pany shall he and they are hereby invested
with all the riihls and powers neccsyary for
tne construction and repair Willi a in. my
locks and datr.s as they, or a majority of them
may deem ncceesnry and ulno to make and
continue nil works whatever which may be
necessaij and expedient in order to the pro
per completion ol ihe work.
8. The said President and Director! t-hall
have power to make contracts Willi any per
son or persons on behalf of the Company lor
constructing said work and performing all
other work respecting the same, which they
shalljudge necessary and proper, and to re
quire truin the subscribers from time to time,
such advances of money jn their respective
shares as the want! of the Company may de
mand, until the whole of their subscriptions
shall be. advanced, to call on any emergency
a general meeting of the subscribers, giving
one months notice thereof in one of the news
papers printed in Fayetteville. To appoint
a Treasurer, Clerk, and such other officers as
they may require, and lo transact all Ihe bu
siness of the Company during the intervals
between the general meetings ol the stockhol
ders. 9. If any stockholder shall fail to pny the
urn required of him by the President and
Directors or a majority ol them, within one
month after the same shall have been adver
tised in one of ihe newspapers published in
the town of Fayetteville, it shall and rony be
lawful for the President and Directors or a
majority of ihem to sell at public auction, and
to convey to ihe purchaser the share of shares
of such stockholder so failing or refusing, giv
ing one month s previous notice ol the time
and place of sale in manner aforesaid, and a-1 of the County, and unless good, cause can be
tcr retaining the sum due nnd all charges of shown against the report irbhall be confirmed
the sale out of the proceeds thereof, lo pay hy the Court and entered on record. Eui if
the surplus over to the former owner orJn ! the snid recoil should be disaffirmed, or if the
legal representative, and if the said sale sh.'ll ! raid freeholder being; unable to agree, should
not produce the sum required to be advanced I report (heir disagreement, or from any other
wilh the incidental rliargrn attending the cause they should fail to make a report, with
sale, then the President and Directors nny j in n reaeonnhle time nfler ihrir appointment,
recover the balance of tbe original proprietor the Court may in its discretion 'us often as
or his assignee, or the x-cutor or admiuistrn-
j tor or ci,ler of t)en, 1)y gujt j lir)V pourt 0f
record havinir jiiris'li'-uon thereof, or by war
rant helore h Jusl, of the County of which
he is a tesident, and any purchaser of the
stock of the Company, t.nderth" sale by the
President and Directors, shall be subject to
the same rules and regulations as the original
proprietor.
10. Beit further enacted. Thai the said
President and Directors, their officers and ser
vants, shall have full power and authority to
enter upon all lands and tenements through
which they may desire to conduct their work,
and to lay out the same according to their
pleasure, to that the mill house, yard, or oth
er buildingaof no person be invaded without
hi consent t and thev shall have power to
enter on and layout such contiguous land as
hey may desire to occupy a sites for depots,
toll houses, ware house, work shops, and other
buildings, for the rtecessary accommodation of
their officer, agent and servants, their horses
mole and other cattle, and lor the protection
of the property entrusted to their care ; Pro-
vwed, that tne land so laia oat snail noi ex-, use 01 me v-ompauy.
ceed one and a half acre in any one parcel, j If when they so take posc3iion. proceed
If the President and Directors cannot agree j ings to ascertain the damages as aforesaid, be
wilh the owner or owners of the land so en -
tried oo and laid out by ihem, nsto the terms
of purchase, it shall be lawful for them to ap
ply to the Court of Please and Quarter Sess
ion of the County in which such land, or the
greater part (hereof, may lie, and upon such
application the Court shall appoint five dis
interested and impartial free holders to assess
the damages to the owners from I he condem
nation ol the land lor the purpose nforesaid.
No such appointments, however, shall he
made unless ten days previous notice ol the
application shall have been given to the ow
ner of the land, or lo the guardian if the ow
ner be an infant or the committee, Uie owner
being non compo$ tnentit. if such owner guar
diun or committee can be found within the
County, or if he cannot be so found then
such an appointment shall not be made un
less notice of the application shall have
been published at least one month next pre
ceding, in some newspaper printed a con
venient as may be to the Court House of the
County, and shall have been posted at the
door of the Court House oo the firet day at
least of the next preceding term of the aaid
Court
A day for the meeting of said freeholders
to perform the duty assigned them, chaff be
designated in the order appointing them, nnd
anyone or more offhem attending on tho
day may adjourn from lime to time, until '
their business shall be finished. Ol tho five
freeholders so appointed any three er more
of them may net after hating been dafy
sworn or solemnly affirmed, before snmefJus
tice of the Peace, that they &UI impartially
and justly, to the best of their ability, user r
Iain the riarrtiges whirh will be sustained by
the proprietors of ihe land- Irom Ihe eondeiti- i
nation thereof, fo'r the use of Ihe Comcanr.
and Uiat they will truly certify iJiek proceed
ing tl ercupon to the Court of the said Coun
ty. 1 1. It sfinll l the dot of the said Frr
holders in pursuance of the order appointing
them, to assemble on the land proposed to he
ro.tdemned. nnd nfier viVwing the same and
hearing such' proper evidence as the party
mny offer, they shall nsmfain accordir g f
their best jtultjrment the damage which lite
proprietor of the land will sustain by the con
demnation therfofforiheu of the Company.
In performing this duty fliy shall eonaidcr
the proprietor of the land ns bein;r the owi.er
of the whole fee simple interest therein, Ihey
snail take into consideration the quality nnd
quantity of the hmd to be rorniemned, the
additional fencing that will be required there
by ; and nil other inconvenreneca whirlt will
result to the proprietor from the condemna
tion thereof.
I2. When the said freeholders hnJI Iifivc
agreed npnn the nmoont of damages, they
shall forthwith make a writfHi report of their
proceedings nnder their hands and seals in
substance hs follows;
We freeholders appointed by
an order ol the Court of Please and (i. Sets
ions, tor the purpose of ascertaining the dam-
nges that will hi: sustained by
the proprietor ol certain lands in the smd
County, which the President nnd Directors
of tht; ' Capo Fear and Deep River Naviga
tion Compnny" pro rote to condemn lor their
ue do hereby certify that we met together,
on the land nforrutid on iho
day of the day there
by the said order, or flie day to which
,ror
we were regularly ndj'airned from the dey
appointed for our infetili ley the said or
der, nnd that having been first duly sworn
nno naung visiieirtlie premiers, ve proceed
ed to estimate the quantity and rjoafily of
land aforesaid, tl e quantity of additional fen
cing which would probably he occasioned by
the condemnation, and al! other inronvenien
ces which seemed to u likely to result there
from, to the proprietor ol the land, that un
der the influenrc of these considerations, wn
have estimated and do hereby assess Ihe
damage nlbresoid nt the rum of
Given under our henrta and
seals this da- of
At the foot of tho report so made, the mag
istrate before whom the said freeholders w.-re
sworn ahull make a certificate in substance
as follows:
Couuty
I a Jus
tice of the Pence of said County do hereby
certily that the above nuuied freeholders, be
fore they executed their duties at above cer
tified were solemnly sworn (or afphned) be
fore me, that they would impartially And
justly to the best of their abilityAscertain tbe
damages which would be sustained by the
above named by Ihe eon-
deronat'iotr of the above mentioned land for
ihe use of the Cape Fear and Deep River
Navigation Company, an they would certi
fy truly their proceeding thereupon to the
Court of said County
Given under my hand this
day of
13. The report of tl freeholders so made
together with the certificate of the Justice of
the Peace as aforesaid, shall be forthwith re
turned by the said freeholders to the Court
may be necessary supersede them or nnr-of
them, appoint others in their stead, and di
rect another viiw and report t5 be made in
the same manner ns above prescribed.
14. On the confirmation ofnny such report,
and on payment or tender to the proprietorsof
the land the dnmngra so nfsrs cd, or the paj"
metitofsaid damages into Court when for good
cause shown, the Court shall have so ordered
it, the land reviewed and assessed as afore
said. shalT be vested in the Cape Fear and
Deep Kiver Navigation Company, and they
shall btedjudged to hold the mime in fee sim
ple in same mtiuncr a if the proprietor had
sold and conveyed it to tlnm.
15. While these proe eedi.ngs are depending
for the purpose of ascertaining the damage
to the proprietor for the condemnation of hi
land and even before they shall hive bceti
instituted, the President and Directors, if they
think that the interest of the Company re
quires it, may hy lln nisclvis their officer
agents and servants enter upon the land
laid out by them as atorecaia anu wuiru iney
i desire lo condemn, and apply the same to thu
1 pending, it sliull be tlieir duty diligently to
proserulc them to a conclusion : and when
the report of the freeholder ascertaining tho
dam .igf shall be relumed and confirmed,
the Court thai! rci dcr iudgcrrusnt in favor of
the proprietor of the land for the amount
thereof, and either compel its payment into
Court or award a pruccsa of ex- eulion there
for as to the.ni shall seem right.
16. In the mean time no order ahull he
made, and no injunction l .all be awarded by
any Court or Judge t slay the proceeding
of the Comoiinv in the crosccution of their
work, utiles it he mauilest, that theimlucere,
agent aodeervnau are transcending the au
thority given tlwra by this act, and that the
interposition of their Court is ncctswry to
prevent injury, tlia.t cannot bo adequately
compensated for in damages.
"7. If the President and Director,' haU
take poeoession of nny land before the samo
hall have been purchased by them, or con
demned and paid for according to the provir
sion of thi act and shall fail lor forty day
lo institute proceeding for it condemnation
a nforesaid, or shall not prosecute wilh doe
diligence, the proceeding commenced for
that purpose, it shall be lawful for the preprisv
tor of the Japd upon giving to rhe asrtd frew-