LEGISLATIVE. . AN ACT to incorporate the Noith Cttroliua Roil Road Company. Sm 1. BeitVfUtnlbitlie Oeartal Asiex'J of the S'tits y -.' :'t, i -r'3jr frtrti Ay t'K m-Aotitv cf the same, That fm-lite purpose, ofef ft'eiir" a K dl Rond onininaiouiuu between the W d luinirton and Raleigh- Bail Koud,-where the' same passi ,8 ever the N fus-e tiver. in 1 In' county ur vv iiyne; ind the town of Charlotte, iu this Slate, lhe forma-1 r' e.nrrtorate C I, . i iv. nil .;un'k- iirM. million id' dollars, is hereby autliorised, to b called The Nona Caruiiua C i s 1 Road Coriiortiiy." nl when 'formed in compliance with the condition? ttcrcitifter ireicribcJ,.tu have a oorporalc cs.ia.ence us a body pulilii-in nerpctuity. Sec. 2. That the said C imp my he. and tue same 3 hc-ebv authorised to construct it Kail Haul from T.r;r...:... 1 n-,1.; .!i Ff:dl l!iiid vhoi-o the " ,,,'v mkp I' lvee ill the Cuuutv bfi ' Vavuo r:i; Ralfiuh.' "'id thence by the most prac ticable route, f.' S ifisbury, in the County of Row nn, to the towu of Charlotte, iu the County pt Meet lenbure. . . Sec J. Thut f r tin' purpose -of crcitmg the Cap Ital stock of said Coaipany, Hie MloKiiigpers.-as be oaiil the same are hereby app unted Coi'miiis'-Hmers Yu: Jobeph ii. Wilson, cf Charlotte: William C Means, ot C. aeord ; J,ba H. Lord, of Salisbury ; Jtiel.ar I W.isliinioit. of W a j ne-sboro' : Juhu.SU- i r.1 .--ii I'liio' . : ueoro . .vioi.ii-o.m. i M.ni-v II. Kiliot. of U.i'.dolphi James M. j laeh, of Lexiuz'uii ; 'John M. Mrehea.l, C-eei h Williaui A. Crahain. c,t tlillslwro : Aaiu SteitnHTi, of rut-b iro Wilmington; Ahaiitoi'. J V. Hargrove, Le.tin.ituii ; (' That it shall beliw ; Kdward 11 Dudley, ot i f.iii;', Newb-.riip Samuel ArJutiald li. Carter, Da-, fill to euen. bo .ks in the i..! r U'Mm m. -ton. under the direction of Wi.li.uii . Itettinconrt, V. A. Wright, Daniel li. Baker, HenrvT. Natl, P. K. Dkliiuson, Gilbert- Potter and William Peden. or any three of them ; at Char lotte under Hie direction of David J..hn A. Young. Jas. W. Osboine. J' sepu II. W tlson, ui Elms and William 1'. Davidson, or any three of them; at Ka'.eisb, uud, t the diteetion of Jo,iah 0. Watson. Dutiean K Mcllae, William W. llulden. Th.tin... J I.Pinnv and Cllas. L Ilititou, or any three nf them at tiastoii.. under the direction of Edmund j Wilkins. Willisis'ledge, llcnj nniu W . lvivvards, aud JaiuPS Viresuaiu. ue any o ut ... ton, miller -the direction of William Eaton, Da Turner, Teter It. Davis, Willi m I'iuniiuer Jaiurs Greshain. of liny tbree et ttidir, at. vv arreii- i.'aiuei and , Thomas T. T witty, or any three t,t thein ; at kulL-c-way, uudor the dliectiou of Oeor.'C D, Ilask rv lie, AVeidoU N. Kilwards, Michael Collins and Alexan der 1! 11 awkiu-s or iiu-v three id lliem; at Hender son, under the direction of John S. Eaton. John D. hiwkius, Willi iiii Aadr.ws, re. etrius E. Voun;;. i.M..A ,.r ii....,, at l.'r.itil:!totnri under the .i;,i.. r k-,i..vd T VuwJkes. William II. Siunns. f ii,..,,,, .-o. idillsburotisfh. under the ! direciioHOI'D. l''.Louft John P.etty, Edward Strud-; the company shall proscribe. . ' '.nek and Col. CmlwaiJader Jones, or any three off Sec. 12. That at llie lirst general meeting of heni: atChapel liill, under the direction of Elisha j lbs stockholder, directed to be called under sec Mitchell, William If Merritt, Jesse IlarsraTO and j lion 'Silt of this Act, a majority of all the shares V, H. SlcDude, or any three- of iheni; at Ashboiu', , subscribed shall 'he represented before proceeding under the direction ( Henry l. Elliot, Alexander ! l0 business, uud if a sutlicient number do not an llogan, Jesse Harper, -Jonathan "Worth, or any ; t,e day appointed, those who do attend three of them i at Greensborougb, under the diree- iUM haye p0Wtr , a,ljourn from time to lime im- '.. Hill, John A. Mebane.aiid Jesse Lindsay, or any three of tlieiu ; at Jamestown, under the direotiou of V" ..J. . "' ' ' ltichard Meiidenhali, George C.Menilenhall, ti. If. Coffin, J. W. Field, or any three of them ; at. Hay, wood, under the direction of Robert Faucctt, P. Evaiis.'anii Joha'Williaiiisj at I'itlsboro', under the direction of J. A. Stediuau, Ureeu Wouiaek, S. Me;-; lllfnahnn, and J ost-ph Ramsay, or any three of them ;. -ot Curthage, under the direction of A. Currie, John M. Morrison, Cornelius Dowti and J. D. McNeill, vt any three of them ; nt Lexington, under the di-: ecnon of WUlian R. Holt, James M. Leach, Chas. L, Panic, ernnv three of them ; at Sinilhlieh, under tho direction of John McLeod, ltyilian Lryan, L. Jl. Sanders, Bably Sanders, Tbaddeus W. Whitley, Or any three of them ; Salisbury; under the direction of Archibald H. Caldwell, Chas. F. Fisher, Horace L. Robards, Maxwell Chambers, and Thomas L. Cowhd, or any three of titers ; at stntesville, under thedivection ot'Thcophilus Falls, William P.Cowan, TUomaaA. Allison, orany three of them; at Con ord, under the direction ot Rulus liarnnger, Kiah P Harris, Daniel Coleman, U. W.l' oard and Caleb rbifcr,or any three of tbeut; at Mocksville, under the direction of John A. Lillingtoo, Gustavus A. Miller, Archibald (i. Carter and Lemuel Lingham, or any three of thera ; at Salem, under the direction of Francis Frees, John Vogler, Thomas J. Wilson. John Dlackbonrn, or any three of them ; whose du ty it shall be to direct the f ining of books tor sub scription of stock, at such tunes aud places, and un der the direction of such persons as they, or a ma jority of them, may deem proper ; and the said com missioners shall have power to appoint a Chairman ( their body, Treasurer, and all other officers, and to sue for sad aud recoter all euro! of money that outjht, under this act, to be received by them. Kro. 4. That nil persons who may hereafter be authorized to open books for subpcriptioa of stock by the eoinmnotioiMTS herein appointed for that purpose, .shall ones said books at any timo after the ratifica tion of this act, Iweuty days previous notice being; Riven in some one or mure of tlie public newspapers in this StiW; and thai said books, when opened, shall t kept open for- tbe space of thirty days at least, ud a lour thereafter as the commissioners first above named shall direct ; that all subscriplioas of lock shall be iu (hares of one handled dollars, the tiDMribrr paying at tbe time of making such sob cription five dollars on each share thus subscribed, to the person or persons authorized to receive such aubscrintiou ; and in case of failure to say said sum, II well subscriptions shall be void ami of no effect; od itpou cioemg tbe books, all such sums as shall have been thus received of ev-crtbers en the first aith instalment, shall be paid over to the general commissioners aumed in the 3d section of this act, by tbe persona receiving them ; and for failure there-' ol such person or persons shall be personally liable to aa d general commissioners before-the organiza tion of said company and to tbe company iteeif after Its organization, to be recovered iu the buperior court oflawwiihiu this State, iu tbe county where such -delineate!)! resides, Cr if be reside iu any other Stale, then in any court in such State having competent js tisdictiou : The said general commissioners shall have . "Mirer to call on and require all persons empowered to receive subscriptions of stock at any timo and from time to time, as a majority of thein may think proper, to make a return of tho stock by them respectively Teeeived, and to make piyinent of all sums of money made by lhe subscribers, that all persons receiving ubseriplinas of stock shall psss a recei)t to the enbseriber or subscribers for the payment of the lirst instalment, as heretofore required to be paid ; aud upon tbewt settlement with tho gent ral commission rs,as aforesaid, it shall be the duty of the said general ouunissiouers in like manner to puss their receipt forall smns thus received. l the person from whom fiMMived ; and irach receipts shall be taken and held to be good and sufficient vouchers to the persons hold-! ing Ilium: d'hel ashicro-lious of stock thus received to ail amount not exceeding , j - Sec. 5. t. shall bo the duty of said general Com missioners to direct and authorize tire keeping open ol books for Ike stibsoriptiooof stock ia the manner above described, until the sum of one million of dol lars shall bate bcea subscribed to tbe capital stock of said company ; and as soon as the said sum of one million of dollars shall have been subscribed, and tbe dtrsviMstalmentof fire dollars per share on said sum shall have been feeeived by the general commission ers, said company shall be regarded as formed, and tho said commissioners, or a majority of them, shall . aign and seal a duplicate -declaration to that effect, with the names of tbe subscribers anpeaed, and c tuns one of tbe said dtfplieatee to be deposited in ' the office of Ilia Secretary of Stalf, and thenceforth, froia the closing of lhe books of subscription as afore- mid, the said subscribers to the stock shall forinom , ho ly politic and corporate, In deed and in law, for slie purposes n foresaid, by the name and style ol the "North Carolina Rail Road Company." ' Sec. 6. . That whenever the sum of one million of dollars shall be subscribed ia ni inner and form a- forcsojd, t k subscribers, their executors, adminWtra- t it aad assigns, shall be, ud they are hereby de luiptJ UibeiucorTorataJ into a company by the luuie i aii.l.!y!c of "The North Carolina Railroad Cm puuy aud by tlt u.iuic situ!! b.s Capable, in kw nd iu e-tuifv, of mircliasin::, lio'lim- .seih:.'. I ana coiivcvin;; estates, reul. personal ana uiixeu, t , and aouiriu (ho sumo by gill, ov devise, so far as ' shall be necessary inr Id.; purposes einl. raced witluu the scope, t' 'jea und. interest of their cb-irlcr aud ns further; and shall have perpetual succession, and by their corporate name way sue and bo sued, plead and be iiupicaucd ill any court oi' low and equity iu the State of North .Carolina : and utav have and use a i cuuiiuou seal, Which they, may idler and renew at pleasure i and shall Dave and 'ciy y all oilier rights an. wi" hye-laws, rules and regulutiuns, us- are necessary fur Iht) government ot the 'corporation, for elfectiug the object for which it is created, uot inconsistent with the Constitution and laws of the United States and oi the State ot Nuith Carolina. Sec. 7. That notice of process upon the principal agents of said Coirpany, or the I'resiilvut or any of the Dirjelors thereof, shall be deemed mid taken to ...... . . . ., ... ............. , .... . . .... - .-- be due i;nd Lwlul noiice uf service of process upon ! ibeCoiiiwuv, so as to Wilis it befoi'e any Court nuh- . in the i-Late of .North Caivii.ia. . See S. -That as S"0a as the sum of one million of f doiii.rs shall have be in subscribed in luauner af. re- it sh: 11 be the duty of the Ceneiai Couiiais- ! sioncrs. appoititul un.lor the 51 1 sectiou of this Act, ; to appoint a lime for the stock leddcrs to ncet at , Salisbury, in Hoivan Coutuv. which thev shall eiuse i to be previously published, ; days, in one or iii.H-e newpi , prop r, at which timo aud p or the sp.i pel's, as the ice the s.i .' thirty niae I stoc tela hoi- ; ilers, in persou or ('foxy, shall proceed to ehct the j Directors of the .Coui:any. and to enact ait such rt ! illations and bye-laws as may be necessary for the i goverLiiicnt (if the Corjiorati ui and the transaction ' of its bttstuess : The persons elevted directors at ! . tlris iiieeiiii, shall erve such period, not exeecdiue; : one year, as the sU'cUto'lcrs ai.iy direct.; and at this , ' m-.eiin, the stockhol leis shall hx on the day -.ud ! ; place or places wiicretbe subse.pieut election of di- i j rectois saail be held j uu.l such ,-iee!:oussh..il bence 1 forth be ami u illy ma Je; but if the d iv of the annual election should pass without, any election of iliree- ) tors, the eortoratieu shall not bo thoreoy dissolved, but it shall be lawful ou any other d y to h d l and tnaite such election in such ln iniHr as ui'iy be pre scribed by a by-law of the corporation. St'c. a. Tit.it the aii'airs of' the c"tf.,woy shall bo unnamed and directed by a en . ral uo ud, to d.cte.l liy the rat their li it j com I iSt if 1st ol twelve ..necttirs, to be iholdeis from auion their iminb tuil subsequent g.-neral annual uieetings, as pre- , sen! ed in section sta ol tins Act. ( .'C. 10. d hat the election ot directors shall bt by I'a'lt't, each stiM'iii''k!er having as many votes as.he has slian s ih the stock of said company ; aud a p -rsiui having a niajnritv of all the votes polled shall' be considered us duly electei 11. That tlie l'resid ct the Company j shall be elected by the director tivui niiiong their ; number, in such a manner as tho re lalions of til a reeitlar mcetiiw shall be thus formed ; and at Bitch meeting the stockholders' may provide, by tv by-law, as to tho number cf stockholders awl. the. amount of stock to bo held by dhein, which shall constitute a quorum for transacting business at all subsequent regular or. occasional meetings ot)Stuck holders and Directors. Sec. 13. That at all elections, and upon all votes taken in any general meeting of the stock holders upon any by-law" or any "of the ti flairs' of said company, each share of slack shall be enti tled to one vote, and that any stockholder in said company inuy vote by proxy ; and proxies niay be verified iu such tuaiiuor'as the stockholder's by by. laws may prescribe. . '. ,;. . ,': Sec. 1-i. That the general corntnifsioriers shall make their return' of tho shares of stock subscribed for, at the first 'general meeiiiigof slocklioldtrs, mid pay over to the directors elected at' said meeting, or their authorized agent, all sums of money re ceived from subscribers, and for failure therefor, shall be personally liable to said company, to be recovere I at the suit of .said company, in any of the Superior courts of line in this. Stite, within tne county where suclideiin picnt or linqueiits may reside, and in like manner the said delinquent or delinquents' executors or administrators, incntse of his er their death. Sec. 13. That the board of directors may fill all vacancies which may occur in it dining the period for which tliey have been elected, and in the absence of the President may fill his place by p-. lecting a President pro Uiiifore from among their number, Sec. 1G. That all contracts or agreements, au thcnticiited by the President and Secretary of the board of directors, shall be binding on the compa ny, without a seal, or such a mode of authentica tion may be used, as the cutiipiny, by their bye laws, may adopt, ?ec. 17. That the company shall have power and may proceed to construct, as speedily as pes sible, a rail road, with one or more tracks, to bo used with steam power, which shall extend from the. Wilmington and Raleie'i Rail Road, where the same parses over Nouse River, in the county of i wayne, vta Kuleigli and Ibalisliirry, to the town ol - .. town ol f?? l4,r;,r,,?d Lharlotte, in .Mecklenburg county: said c may use any section of the rail ro.td con. by them before the wltolo of said road shall be completed. Sec. 18. That the said company shall have 1 the exclusive right of conveyance or transportation ot person), ptooils. merchandise and produce over the said rail road, to be by them constructed, at such charges as may be fixed ou by a majority of the Directors. Sec. 10. That the said company may, when they sec tit, farm out their right of transportation over said rail road, subject to the rules above men tioned; and said company and overy person who may have received from them the right of truns- p , i i i ,i .i1 rorr.it nil id OTMidji. u:,ri;a nun nrm neo n-i Inn 3H ul i rail road, shall be deemed and akeu to be a com- mon carrier, as respects all goods, wares, produce . .. ' . ts ' 'I aed mercuandise entrusted to them for transjiorta tion. See. 20. That the board of directors may call for the payment of the sums subscribed as stock in said company in such instalments as the interest of said company may, in (heir opinion, require: the call lor each payment shall bo published in one or more newspapers in this Stale for the space of one month before the day of payment;. and on tailure ol any stockholder to pay each instalment as th S3 required, the directors may sell at public auction, on a previous notice of ten days, ft r cash, all tlie stock subscribed for in said company, by such stockholder, and convey tho same to the pur chaser at said sale; and if said sale of slock do not produce a sum sufficient to pay off the inciden tal expenses of the sale, and the ctiliro amount owing 1)5 such stockhuldorto the company for such subscription of stock, then and in that case the whole cf such balance shall be held and taken as due at once to tho company, and may be recovered of such stockholder or bis executors, administra tors or assigns, at the suit of said company, either by summary motion in any court of superior juris diction in the county where the delinquent resides, on a revlous notice of ten days to said subscriber, or by the action of assumpsit in any court of com petent jurisdiction, or by a warrant before a justice of the peace,, wl e e the sum does not exceed one hundred dollars; and in all cases of assignment of stock, before the whole amount has been paid to the Company, then for nil. sums duo on such stock, both tho original subscribers, and the first and all subsequent assignees shall be lijblo to the company, and the same may be recoveredas above described. , So.'.. 2! . I'lu'.t (he ill bt of stockhol iers, due to J the company for stock therein, either us i r gmal piU,J.l,.Ui Ui .11 UlkUi 3l4u4Wut UBU. t. C . .... . .- ... O , ,.,,,,1,1. .rod n ot equal uruiilv mat tli'iitty with judgments iii the distribution of assets of a deceased stock-1 liol.lor. by his lojr.il ropresentitive?. i to Sec. J. That said company shall issue certs-1 my t imlti'twl tor miMcmeanur, ant! upon con c'ales of stork to iia members ; and aid stock may ! viction, line 1 and imprisoned by any court of com hij transferred in such manner ami (bttaas uiy be p"tent jurisdiction. . ' diroeU'd by the by-laws of the CJtnany. " j Sec. 3A That if any person shall wilfully ami Sec. 2. That the said conijmny msv, at any' mulifiutisly destroy, or in any nunner hurt, or diim time, iucivaso its capital to a suiii stiiiicienl to j age. or obstruct, or shall wilfully and mtilicionsly complete. ?aid lioad.'iiot'c'SewHlinjt.-' ' i cause, or aid, or tissist or counsel and advise any dollars, either by openinu; books for new stock or j other person or persons to tK's'.roy,. or in any nutn by selliii;j Riicli'now slock, or by borrowing money i ner.to hurt, ilanrtpe or destroy, iiijuro or obstruct on ;b' credit of tlto company, an I on ilio niort- j the said rail road, or anv . bridge, or. voltlcio tiled i ifuov of its charter and vvorks ; '-and the manner in which the ?amo shall be done in either ease, glial! be prescribed by tho ttoclihokl'jrs at a general nieet i'. . '':', dec. 21. . Thtit the board of .'.irectors shall once in every year, at L'asf, make a full report on the statu of the company, and its iill'tirs to a seiieral iiteei'.' of t'w stockhi'ii! -rs, iiud efeifei if ieitii red by a by-law. and r.hail have pmver to cull a eiieral mectiiej; of the stoeUholilers,-when t!ie board uiay i!i e:n it expedient ;. and tlu cotnpany t.i:ay provide, m liietr tiv-laws, tor occasional t; icet-H "iner" b' iter call.'.l. and Sec. 2o. 'i'i.at the escriba ilio iiiet tlp reof. I til conitianv mav nnrcli- ase, anv have and 110,0, in fee, or for a an !,. tenement?, or heredit uiic term of years. its, which lin e apptirtena n-"i-it-iries, store tuts or a -tents be no s.try lor too said K-v.d, or cof, or it .r :h.' erection uf dc hoiises itu' tho plticers. ser res thi-f hmrses, of ilio r ompanv, 'T lor worl, ns or foundries, to 1 be list d for the said company ;or turp or oilier iit'ileria's nocessary to the 1 the Rt i r tor eiieetiii i tfaiisp jilatioii lliercon titi l for no ot'nr purposes wlut'.'v . Sec. 2'.!. Th.it the company shall have the right, when necessary, to 'conduct the said road across or any puii.ic. road or water course : ( 'rot id. j That the lid company shall hot obstruct anv public road, without cnstrut'tin-; atiotberc::u.,l'y as good r.tt.l Cii'ivejiieiit, tair w.thoiit making a. draw iiiativ lii'i.l'i.' of said road, -which lu'av cross W navigablu I stream, sutlicient lor the. p tssage ot. '-Vi'ssels navi g..tiiio' such stream, wiiicli draw shill be opened l": iiie. company I'. r tho free passage of Vessels, naviiiatiii such streant, -1-7 - T'l. J.. tiui, t-.nit .At- ri.rht .'.f u , ', ";'.iri a 'l,v said conioanv' tor the imnxise i 1 cotisiriicting thur road, and lor .the want ol a- 1 i greeuieut as to the value tliereot, or trout any other i cause, the s.tme cannjt bo purchased from the i owner or owners, 'tne same may be, taken at a' val I uatiun to be made by livo commissioners, or a fna- joritv of them, to bo appointed by anv court ot r i,-,,,;,,,,,..,.,,,,,,, I.,,. insiiict;.in"iu die eotintv . .'-... .. ,,,,,. , ',, ,- .., : ., in 1 1. n.niit. m . ui in.. iLiiit v-i ii.:in .it " t , io .-.iL-uated, . In making the said valuation, the said commissioners- shall take into consideration the loss or damage which may accrue to the owner or owners in consequence ot the land or the right of way being surrendered, and the benefit and advan tage he, -pile ot tliey limy receive. from the erection or establishment of the rati road or work, and shall state particularly the value and amount of each.; and the evcuvs of loss u nil dama ge, over and above the advantage and benefit, shall forth the measure of .valuation uf the Faid land or rij'l.t of way : Pnicit! v,' H.Tcrfi... '..', that if iiny pCrsi I sons oyer whose land llie rvau. may paes, should be I dissatisfied wish the valuation of said Couiniission 1 ers, ifiOn.iiiiu in that cas1, the person or jiersons so j dissalislied n ay have an' app al to the Superior 1 Cuir! in III.' oun nt v whprn tho s i id Co Inn ! inn lov been made; or in either county in which toe lull I ! lies, when it may lie in more than one county, un der the same rules, regulations and restrict ions as in appeals from judgmeiitscf justices of the peticji The proceedings of tho said commissioners, ao coiiipanieii with a full description of the said land pr right of way, shall be returned, tinder the hands and seals of it majority of the commissioners, to the court from w hich the commission issued, there to remain a mutter of record. And the laii.'s or right of way so valued by the said commissioners,; shall vest in llie said company so long as- the same shall bo used for the purposes of said rail road, so soon as the valuation may bo paid, or, when refu sed, may have been tendered : Provided, that on application for the appointment of commissioners, under this section, it shall be oiade to appear to the satisfaction of the conrt, that at least ten days pre vious notice has been given by the applicant to the owner er, owners of land so proposed to be con demned, or, if the owner or owners he infants or non ciimpos mrnite, then to" the zuardiao of such owner or owners, if such guardian can be found within the county, or if ho cannot be so found, tuen siien appoiiiuueius snail no: no matie unless i notice of (lie application shall hive been published, at east one month next nrecediiif. in book? newt. I paper printed as convenient as may be to the court house of the county, and shall have been posted lit lb dm. r nf I hp i-ulirl hunts at, th.t ili-f it , ,. -. s least in tne term oi s.tui court, to Wincil llie ap p'icatinn is made : I'rociu'nl'urA'ir, that the valu ation provided for in this section. 'shall be made on .....!. 1 .. .1 - ' ! .1" I. . o.uii oy me ctauiiii.-s.oneis. aioresaiti, wiucn oain, any justice ol the peace, or clerk ot tho court of the county in which the land or a part uf it lies, is ... itu, uuui.iiiLui i.iniiiii.insii.1 , i 1 1 i.c uj tt! li? I , inpiim nul u. t. n.l. v . It . i.il.. i aii.ii.iiiu iim oi coiiueiuuaiieii Herein granteu , slwll m a,loriw the eaill Coi!lpa,,v to invade the dwelling house, vard. garden or burial ground of any individual, without his consent. - That tho rioht of condemnation ' herein i-ranted Sec. 23. . That the right of said company to condemn lands in the manner described in the 27th section of this act, ehall extend to the condcniiiing cue hundred fee! on each side of liteimin track of the road, measurim from the cntre of the same, unless in case of deep cuts and fi lings, when said company shall hate power to condemn as much in addition thereto, as nuy be necessiry for the pur pose of constructing said road; and the company shall also have power to condemn any appropriate lands in like manner, for theconstrtit'tingand buil ding of depots, shops, ware-houses, buildings for a - .t"i--, " m-uta .iiiu outruns tuiiumyey ou i c ro tu, 1 t J . 1 "'J.'two acres in any one lot or station I Zl V of, "T? Or Contracts Will Ma i enmn:i tur in n. ilmn h tin , through which the said road or its branches may pass, signed by the owner thereof or by his agent, or any claimant or person in possession thereof, w hich may be confirmed by tho owner thereof, it shall bo presumed that the land upon which the said road or any of its branches may be construc ted, together with a space of ono hundred feet on each side of the centre of the Baid read, has been granted to the said company, by the owner or own ers thereof j aud the said company shall have good right and title thereto, and shall have, hold and enjoy the same as long as the same be used for the purposes of paid road and no longer, unless the person or persons owning the said land at the time that part of tlie said road which may be on the said land, was finished, or those claiming under him, her or them, shall apply for an assessment of the value of said lands, as hereinbefore directed, with in two years next after that part of said road, which may bo on the said land, was finished ; and in case tlw said owner or owners, or those claim ing under him, her or them, shall net apply within two years next after the said part was finished, he, sho or they shall be forever barred from recover ing said land or having nny assessment or com pensation therefor I Provided, nothing herein con. tained shall affect the rights of yl'me eocerfror in fants, until two years after the removal of their respective disabilities. "' .' Sec. 30. That all lands not heretofore cranled to any rerson, nor appropriated by law to the use of the Slate, w ithin one hundred feet of tho centre of said road, which may be constructed by the said eo noany, shall vst in tise company as soon as tbe I line of tlie road is definitely laid oe.t through it, nn - 1 any gratd of said la ml thercalter shall be void, fee., iit. 1 hat it any person or persons snau ...H.l.UV , - . ,... . . IUIL IV...V, ,. -.1 '. l.,ti..., m-,n tin, em r . i r.v . ur ,11. tf ninminr fit use utorcoi, or oi tne rutins ami privileges coimeo- ted therewith, without, the permission "r contrary the will of the said crtnprny, lie, !ie or they lor or in tho transportation tlierron, any water j tank, ware-house , or any other property of sal ; company, such person or. persons an olHiuling,luiU be liable to be indirloJ tliDrrftnf.'und.un eouviction, .s'nl! bo imprisoned not more .than, six, nor low ; than one month, ait J pay a fine not exceeding live hand red dollars, nor less than twenty (.ol'.ars, at the I discretion of the court before which said conviction sha'.l take- place ; and shall bo further liable to' pay j nil i ;cp("tses of repairing' the stme , ah-1 it shall ; nolb.; comfotent lor anv per.-'Mis so o!!t,n..mir a- ffttnst tlio provisions of this eDtttso to iteler.il him s 11 by 'pleadinj or giving in evjilence that he win the owner, awut or servant oil the otv ner ol tin land 'where such destruction, linrrfTdauuije, in.u rv, or obstrticlioii was done, at tne tnuo tlr same was done or e tu-e.i to be done . Sec. 33. That every obstruction to the safe and free passage of vehicles on the said Road or its branches sh.iil.be deemed a public nuisance, and ieuruig stone 1 "v,y W abated as sticn oy any oilieer, agent or , j iy all the rights, franchises, powers and privile 11 .tructiuii 'of -I servant of said Comn inv ; ami the person causing j ges, ves e I in and e Mntr4 to the Raleigh and such obstruction may be indicted and punished lor erecting a public nuisance. Skc 31. That the said rompany shall have the ri;dit to taae at Ihentore-hoiises they may e-ttiWish ; jn,or annex to the.r rail road or the branches there- j ui,- iiii tiiu. iirrs, iMfi (Miiiiu:.u tmu juu.tino ; . intenilfd lot ir,iiisj'oriutnn, proscune ruiea hi pri ority ami rtWize aiiil it'civc such jn.tt mihI i.i-usiiub!e coitKiiiiia'iiiii fur i;!iir'rti;i'v a-i they Uv ru!t a m:iy es- I ta!)!ili fwliit !i they hail cause to he p!i!i'Uliir or as iit;iv l (ix'd iv arut'iDi'iit w'.Mi tlse owner which ! may be distinct from llie rates of transportation; 1 PriitUfl, that the' said company shall not charge or r..n,.l.. t, .,,-. .. i.n.,,10 .. r,. I, , . I ; . (, mm - ...!.i..U I. a. I.. I c..p...l tl..n 1 ll,u ,.l ""tin i'. tt' , .i - ..... - , 1 u'lar dennsilork-s for imniedi.ite Iranvnoilatioii. and ' winch the company may ham power to transport immediately I That the profits of the company, or i i- . I I 1 ... I I ...... I ..SEC. 3j so .much thei'i'iii as the ovneral board may deem advisable, shall, when the affairs' of tlie company will permit; be semi-annually divided among the stock-holders, iu proportion to the stock each may own. . Ski', llij.. . That whenever it shall appear to the Hoard of Internal Improvements of this State, by a certificate under the seal of said company, sign ed by their Treasurer add Coutitcrsignedjiy their President, that one third havo been subscribed for and taken, and that tit least five hundred thousand dollars of said stock lias been actually paid Into the hands of said Treasurer of said company, the said Koard of Internal Improvements shall be,' and. they are hereby authorized ahl require. I to sub scribe on behalf of the State, for-stock in said company, to the amourd of two millions of dollars to the capital stock of said company. ; and the sub-' seription shall lie paid in the following manner, to wit: -Tlie nun fourth part as soon asihe saitl com pany shall commence w ork, and one fourth there of every six months thereafter, until the whole Ascription in behalf of llie Slate ha 'I bo paid : Provided, the Treasurer and President of said company shall,. before they receive tho aforesaid instalments', satisfactorily assure the Hoard of In ternal Improveint tits; by the certificates, under tho seal of said company, that an amount of llie pri vate subscription lias been paid in equal proportion to the stock (subscribed by the Slate. .: Sue. 37. That if in case the present Legisla ture shall not provide the necessary and ample means to pay tlie aforesaid instalments, on the stock subscribed for on behalf of the State, as pro vided for in lhe .Ib'tli section .of this 'act, and iii that event, tho. Board of Internal Improvement aforesaid, shall, and they are hereby authorized and empowered 'to borrow, on the credit of the. State, not exceeeding two millions of dollars, as the same may be needed by the requirements of this act. Site. 85. That if in case it shall become, neces sary to borrow the money, by this act authorized, the Public Treasurer shall issue the necessary .-.. . i; i i .. i ..... "t cert cates, s "nee uv n ise a iu con uera gneu i ., . ii , , ,, "v i he thrt. 1 iviiislrn ni" ill enma tint ipift 1lian Anit i thousand dollars each, pledging the State for the pn vtnent of the sum therein mentioned, with inter- jest thereon at the rate of iuterc.-t not exceeding ! six percent, per annum, payable semi-annually, I at such ti nes and places as the Treasurer may ; appoint the principal of which certificates shall he redeemable at the end of thirty years from the time the same are issued ; but no greater amount of such certificates shall be isMtcd at any one ! time than may be sufficient to meet the instalment required to be paid by the State at that lime. Snr. 39. Iii ii further (nneted, That the Comp troller shall register the said certificates at large ... J 1. , 1 ' . , r ,1 , . "!'" m " l""r.' i ,, . ! .,,,no j ri! 'lvcr3, 11 cl,;',rS-T the same to the Public I reastirer, he shall im in his books witli the amount therent, "!"' a,0 w,ln 1111 ?u " ' V l"01 un"c I ' ! !l' !' 'y ol premium cn the sale of the said certificates, an account of i which the Pulihe Treasurer snail rendi r to the ' Comptroller, so soon as negotiaiitnis from time to time, for the sale of said certificates, are closed. Sec. 40.. Ik it farther tmtcleJ, That if it shall become necessary to issue thj certificates afore said, the Public Treasurer shall advertise in one or tnoro newspapers, as ho may think best, and in vito sealed proposals for such amount of the afore said sum of two millions of dollars as may be wanted at any ore time, an ! it shall be his duty to accept those terms which may be most advan tageous to the State : Provided, that in no event shall any of lhe said ceiliticales be sold for lo s than their par value ; and any premium which may be obluined ou the sale of said cerlificittei ehall be plac ed ia lhe public treasury, and used as other public funds in tbe payment of interest on tbe debt hereby created. Sec. 41. Tie it farther enacted, That as security lor the redemption of said certificates of debt, the public faith of the State of Nurlh Carolina is here by p'edged to the holders thereof, and in addition thereto all the stock held by tho State in "The ; North Carolina Rail Road Company" hereby cre ated, shall be, and tbe same is hereby, pledged ' for that purpose, and any dividends of profit which may, from time to time, be declared on the stock held by the Slate as aforesaid, shall.be applied to the payment nf the interest accruing on Baid cer tificates; but until such dividends of profit may be declared, it shall bo lhe duty of lhe Treasurer, and he is hereby aullioriiteil and directed to pay all such interest as the same may accrue out uf anv moneys in Hi a Treasury not otherwise ap propriated. " - '. ' Sec, 4A Be it further enacted, That lhe cer tificates of debt hereby aui.iorized lobe issued, shall be transferable by the holders thereof, their agent! or attorneys, pmperly constituted, in a book to be kept by the Public Treasurer for that purpose; aud in every instance, where a transfer is made, the -outstanding certificate shall be sur rendered and given up to the Public Treasurer, and by hint canceled and a new one, for the same amount, issued iu its place to the person lo whom the same is trans firred. Sec. 41). Tint the State shall appoint the number of directors' In said company, in propor tion e the stock subscribed, who shall be appoin- ted by the Governor, by and with the advice ami consent oi ins council, ana removed iu into man tier. Sec. 4 1 That the followini; otTicera ami ser- vani anu persons mine actual employment ol mi; a,4iu v ue, aim Luuy hi u iictuoy ttxeuip ted from tllfi parfornoin. e of jury nnd nrdinary miliilii umy : Mic President and Treasurer of the board of directors, and chief and assistant en- oitiGefs, the secroiiines and ar.nuuntants ot tho company, keepers of tho depositories, guard sta tioned on the roid to protect 11 from injury, and surh poisons as may be working the locomotive engines and travel dug. with cars for tho purpose of altendinj to the transporting of produce, goods and passengers 011 the road, Sec, lie u enacted. 1 hat for tho purpose of putt ins 'ho lialcigh and Gaston Ral Road 111 good ;nd complete order for the profitable trans portation of persons and produce, and for the fur ther purpose of rcvivingtiie late Raleigh and Gas ton If al Uoad cotnpinv, Rhodes IN. Horndon, Thoui is Miller, John S. E-iton, of Uranville coun ty; William J. Hawkins, Weldon N. hdivards, (iuori;e 1) Baski rvnle, of Warren county; (Joorge W. iMordecai, Richard Siiiith, W. W. Ilolden, ol WitKe county ; John I). Hawkins, Sr.. Allen 0. Petty, John 1) 11 iwkius, Jr. ot 1' r.iiiklin cnin ty; and the'lato stockholders of and obl g irs for the Rah igh ai d Gaston Rail Road Company, or any part ui them, and ttich other persons anj corporations as may associate with iheni, are ho e 7 crtati. d a bi dy polit c and corporate, by the untie a d style of tho Rdeigh and Gaston Rail R.iad (.'oiiij a iy and by that name shall be able to sue and Le sued, and shall have, possess and en- U istoii K 1! Ruad C inpiny, by an act, entilled An Ac 1 1 iucorpnrile the Raleigh and Gaston Rail Itiml Coir ) Miv." iia-sed by ihe General As suubly of this St.ite on the day of , and s;i:ili Be (,.,i,ji.,-t to. all the restraints, . I initat otis. rc i its and Ihihiidii.s imimsfi! he Ihnaaul act a"d all the other provisions of the said act, so far j as ihs Miim rninnin 'm hi. r.v,o.,n,.d. am hrrobv ' lb-el r d to be in full force and tdlec.t, upon the ! foihift ing terms and conditions nevertheless Sic. 4i. la it educed. It at whenever lhe said pi rsons and their associates nami d in llie foregoing section, shall have sub.-criled the sum , ,f it , n h n n.t r...l ! I.. ....... ...I .1, .! 1 .. rc (. I I. . mimrhiii afireaaid. ami F.hll b .vo f x ended the sanie ill putting the Kaleioh ai.u Gaston Rail Road ill fml and cofnp. etc order, wnb heavy I Kail iron, or 0.,cr , equally mind, not -Wci-'hiiKr less linn 1 " c . " . till? p u ids to iliey ird, then one halt ol the said IU 1 Ro d, ui Ii all the inachiuo si o is, Depots, wa er stations, L'digiues .Couches, Cars aud every oilier property app irtaining to the said Rail Road shall be sold conveyed and transferred to the said suit ribers, their heirs and issigns, by tho Gov ernor under the great, seal ol the State ; End the si d hue sockhod.Ts aid oi i'ors ol the si id Raleigh and Gaston Rail Road Company, shall b; and are hereby declared to be loiever teleased and discharged from all liability to the State, for and on account of the said R.il ugh and tS. aion Rail Road Company, upon the payment nf costs incurred.' And lhe Governor is hereby author iied, and it is declared to be his duty to suspend the for lief prosecution of suits brought by the S'ta-tci against the said s'ocklioldcrs and obligors, un'il it can be ascertained whether tho said sub scribers are willing to accept the condition! ol this act, and that Ihcy shall be allowed two years from the passage of this act to make known their determination to theiGovcrhor.' And if the terms and conditions of this act shall be accepled. ami the work commenced within two years, and fin ished within three years from .the ratification. of this act, then this act shall continue and bo in lull force for ninety years and no longer. See. 47. Be ti further enacted, That if the con. (Jil tons of this act are accepted and the sum ot five hundred thousand dollars shall have been subscribed by solvent subscribers, to be. judged of bv tlie Governor and Attorney General, then and in that case, the said subscribers shall have lawful authority to.morigagc tmo half of the said Rail Road, to enable Hu m to obtain the necessa ry credit to purchaso a paitofllio iron which will be needed for said Road. - Sec.48.. Be it further enacted, That if the said subscribers shall refuse or neglect to accept the terms and conditions of this act, then all the ben efits uf the same shall be granted to Thomas F Wyatt, John Campbell, Thomas P. Devereux, Ai dreiv Joi ner, Woldon N. Edwards, Geonje 1). Biskerville and Alexander Hawkins, and such l . . , ... , , , o her persons ea may associate with I Item, wit . .. r . . - . , sh.ll accept and comply with ail the terms and conditions of the same; aud they and their suc cessors are hereby incorprrjd into a Company, by the name and style of theRaleigh and Giston Rail Road Company, and by that name shall have lawful authority to sue and be sued, to hold p 8 sess and enjoy all the rights, franchises, poivir and privileges granted by this act and shall be subject to all tho restraints, limiiations, restric tion', nnd liubiliiieB imposed by the e uiic. Sec. 41). Be it enacted, That whenever the Roanoke Rail Rod Company or the Seaboard and Roanoke Rail Road Company, with or with out the aid ol individuals, shall subscribe to tbe Rale'gh and Gaston Rail Road Conitt iy, one half of the sum necessary to construct a Rail Road from some convenient point on lhe Rtleigh and Gaston Rail Road, near the L ttleton Depot, or any point between that Depot and Rianoke River) and the Town of Weldun, orany point in the neighborhood thereof, so as lo connect with tile Wiluiingto and Raleigh Rail Road, and the Seaboard an I Roanoke Rail Road, and shall ex pend the said sum in forming the said connection, then the siid Raleigh and Gaston Railroad shall be extend d to the said town of Weldon or neigh borbo.ul thereof, and the Public Treasurer is hereby authorised and directed to subscribe for an eqiiol sum for and in behalf of the Statu, and pay lor such su scriptioi'joutof any money in tl Treasury not otherwise appropriated; and for the wantof8Uc!i n oney in the Treasury, Pu'd c Treasurer is hereby autliotized to borrow the sum at a ra-o ofimeiest not exceeding six per cent. er annum, and to issue bonds payable al any time wdliiu ten years, for not less than five hundred dollars each. Sec. 50 And be it further enacted, That one of the condiirons of this cliarter is that this General Assembly shall have power and authority at any future ses-don to establish, regulate and control lhe intercourse between the North Carolina Rat) Road and the Raleigh and Gaston Rail Road, so as best to secure to the public an easy and con venient paBsage of persons and properly. Sec 51. Beit further enacted, That the sum of forty tbonsiiud dollars, tp be raised by the State In the same manner as other moneys are raised by the provisions of this act, be, and the same Is hereby appropriated for the purpose of clearing out and improving the navigation of the river Neuse, between the town of Newborn and llie town of Smitbfi 'ld. And a'so, that tbe further sum of twenty-five thousand dollars, to be raised in like manner, bo and tho same is hereby anprf priated, for the purpose nf clearing out and im proving the navigation ol the l ar river between llie town of Washington and the falls of the said river; aud that his Excellency the Governor is hereby empowered and required to appoint su.t able commissioners to carry into effect lhe re quireu.enls of this section i Provided, the sum hereby appropriated to the Neuse and l ar River! shall not be paid by lhe public Treasurer, until the railroad company shall have subscribed the whole amount of the stock required from Ihoin, by tho provisions of this act, and have Commenc ed operation on said road. Sec, 5J. Be itfufther enacted, that as soon as the said North Carolina Rail Road is commenced ami the superstructure of the same laid down at Raleigh, tha owners, proprietors and authorities ot the llileioli and Gaston Rail Road shall be, -ud Ihcy are hereby authuriied and empowered to effect a junction and form an actual c.nnuoxinii with the said North Carolina Rail Road, at such point at or in the vinuiiv of Raleigh as they in their discretion mav select. Sec. 03. De further enacted. That nil Hip works hereby required of the North Carolina R.il R.eid Companr shall be executed with duo diligence, and if thev be not commenced within throe'vear aliot he r attlication of this let, and finished within ten years after the period of commencement, then this charter shall bo forfeited. Ratified 27ih dayof January, 1949. rnosPEdis. TFstiuiciently supported, the subscriber intends t publish a monthly paper of eight pages, for tlie purpose of diffusing information on thesnbiect of education with the especial view of improving the character of our Common Schools, It is liiteu led to give an account, drawn from the public documents and other sources, of the or igin and progress of onr Common School system, to compare it with that of other States here anil in Europe, thus noting our improvement over for mer years and suggesting the means of overcotn- 1 u:g tho detects anil dilticulties under winch we still j labor, This will 'ad lis to investigate the sources front which school funds are derived, the modes of their npdic.ition, the preservation of. order in schools, the o.loction of proper books for study, the. recreation suitable for the pupils, the treatment te cessary for different dispositions. &c. And believing that the State which. would im prove its schools must first improve its teachers, 1 portion of our columns will be devoted to the ques tions How are our schools to be snnnlied with competent teachers ? How is the standard of od- ""li l'e raised, and the services of a band secured ho are well qualified to iro forth and ia sl,irit pr love. 1,ll,or f',r '! advancement of the. Liin'.iii-n unu airpiaceu uiioer ineir Cliare I l!ut Kdueationisa word of very extensive mean ing.nml although the primary object of the puhli caiuai may frequently tako tm into the school room, we do not intend to be always confined there. Our subject matter is the human mind and the in fluences good and bad, with a. view of previittinjj the one and strengthening thp other which ca be brought to operate u point. That tins is a thrmtff the deepest moment none can deny. It grasps the in terests not of this werld only it reaches through eternity. We shall not hesitate then as occasioa may demand, to enter tho family circle, to place onrseives on the streets or mingle in the burr crowd and there sot forth the rules of life and principles of conduct which wo behevo will pro mote the good of our race here and redound to our everlasting wellare in the life which is to come. The publication will lie pommenced in Greens boro , so soon as a sulhcient numberof subscriber can be obtained to defray the expenses of printirf In bu printed on fuirti pe, at 50 cents A your, payable on the receipt of the fir.-rt number.-'. Letiers relating to the pa per may be directed (post paid) to Nereiis Mendenhall, Jamestowa, (nullord county, N. C- Siihscription alto received nt the Patriot Oiliest. The papers of the State, and others friendly to (he cause ol Education are requested to publish notice the above NLHLL'S SILNDLM1U L. , 2d mo, 7, 1848.. ;' a t iic vp rniiLi ni'EU. "' TVte: Dollar Wedly Acre. , Published in the city of Philadelphia, nhd Eifit ed by R. T. Conrad and J. P. Sanderson, is offis--' ed at the lollowuig low rates, per annum : , Ono copy .... 1.00 Six copies li.no Thirteen copliee . . .; 10,00 Twenty copies . "'"';. 15,08 , Twenty-seven copies 20.09 Thirty-four copies 1)5.08 Forty -two copies : 30,00 . Fifty copies ., 35,00 Tub Dm.i.AR Weeict.t News is a Whig .Torrr nal. Special attention is however directed tosf erni jViios, Literature, the Artt and ticiencn,Xla interests of Trade aud Business, and all bucU atla- cr readieg as is necessary to make a good FAMILY NEWSPAPER, It contains also the most ample reports of the stito of the Markets, in the principal cities of tlie Union, and a general syitopsisof matters interest ' ing to business men. - ' e U" No papa will be forwarded unless paime be mado m advance. Money may be remittal through tho mails at our risk. ; - i Address, postage paiil,' i. P. SANDERSON & CO., ! ' : News Bindings, N. E. cor. Third and CliesnUt Sts., Philadelphia. If 7-U.UAM II FI RMAN rospectrnlly inform the public thai he continues the above busini-M the old stand, mid be solicits tho orders of bis friends and e itstoiners. He is prepared lo iviake genliemeifji Coats and Pants in the latest syle and ia tbe neateta manner, and will warrant them to bo out and made as well us .111; cau bo ill auy establishment in North , Carolina. His prices will be moderate to mil the times, and no effort on bis part shall lie wanting llive (tcrloct satisfaction. All who want lieut &uj fushiouablo Clothes, call at FCRMAN'S . tld establised Shop, ill Ixiuisburg. 1 Louisbnrg, Aj'ril 2!, 16-18. . . , ALMANACS! ALMANACS! ALMANACS! DOCTOR I). J.VYNE would rrspsetfully inform the ftnl.lt.', that be pub'ialies annually for gratuitous ' distribution, by himself ud all his Agents, wi Alum nae, called , JAYXE'S MEDICAL ALMANAC, , AND Ut'lDK TO I1KALTIL The calculations for this AlmanaC are made wiili jrreiH Core ami accuracy for five different Lulitndc ' and Loncitndes, so as to mukc them equally useful aa a Calendar in every port of the I uited Mutes una , Uritish INorth America. I hey are printed ou gone paper, and with handsome nev type, and are neatly ' bound, and besides being lhe neatest aud most aocu-'. rate Calendar printed in tho United States, thr-yeou- , t i n a lurge amount of vnbndile information, suited le the wants of all, and of that kind too, whieh cannot be fonnd in books. . , .- HIS CATALOGUE OF DISEASES, with ra-r marks and directions for their removal is really invaU; able, and make then) welcome visitem in every house they enter. Every family should possess at least ons of these' Annuals. His Almanae fur 1.84 is now ready for distribution, of which be designs l pubb b at least TWO MILLIONS, imdin order that every fuinily in the tjiiilod States and' British Ameri can, may bo furnished with a eopy, h tntreby in- Vites - r MERCHANTS AND' STOBEKEFPERS to forward their orders to him an early i possible, null they shall be supplied tJllATClTOUSLY with ns; many eefrfes as they may. deem necessary to tmppl tboir variotia cualauwrs. They aw: aba Invited at tho same tima, to send a copy of their "UUSINES; O.VIIJ)," which will ta'praitod on placed m Uw on the cover of the Almauum sent them, also T-ilbom, chants. ' ' ' -' . e I They are also roquenled to give all necessary direo , lions bow the Almiuiac should be forwarded to. then. By luw tliey canont be sent by maU ouiew the post, ago is first paid ou them heie Orders (post paid) directed to Pit. D. JAYNE, Tl!iltwl..liihiM. wilt tni;jt u-h), nrrti n ntletlluill. - .- $T FAMILIES cau obtain these Almanacs drat, is of R.C. M.VYN ARH, Agent for tho sale of all Dr. Jnyne's Celebrate.' Family Mtdiciucf at Fruukluitow N. C