V
r
f-"
ttttl & .-iu.-u w u) lit rW.Uod.
. Tue subscribers,! tiiel? tostfal nHilii Ix4
f.re dirw'rj, the proprietors of sloek at every an-"
i ial Hicciin the;-rarer, shall rlcrl a I'rcsidcnt and five
DLrevtss, who shall cantianeiit !Iiee,-ttiiUfhS sooner re-
-. mc.l, un.'d tha next annual meeting after thcirclcction,
m 1 until thetFTUreters thall tctpitedrbal l!ie' aiil
PmMf .it m J JKrceO;-, or a.iy of them, may at any time
be re:rc 1, and the vaeaney thereby o.eaMoncd be filled
bra mjri;y of ttt; votes given at any general meeting.
T.'i lreJ le ft, with any two or inii-c of itie DirccCaHr
, r i.i Ibc ee:H of the sieknsss, absence, or disability of
t'iv' IVrki Jentj rfly thves '"cTFfimeorthe" JJireetors, who
. tVi'l -a";;)i;;t oae of their wnhody Prrtidenf, pro'hm,
u cjuilllute a baard fur Ike transact ia of business.
tla rasa vf-sax-anay, fa tha.aSl b of Jfn,,.or, anyJUtUl.
fetor, happening from death, rvtignuiUn, removal; or
V. , ie... ,. .u,tiii tur If tiiftti atrn a. onar-' d TVii-iL.ri. o anv bf them. n dvV orctiuut notice.
1 US lUiaUL U MmAM Mmt Ui HIBIII V ft ww w n w an - - J
f?$-A:-, --1.. p ..-.1 f AAimirt ap If I.a MhniW tt Urt finntr f a fli ftOUTL of the miintr in mhw-li ihm lfliuK.flV
so found, tbea sueb appointment shall not be made, unless' the greater part thereof, shall liej and upon such applic-
disability, sueh vacancy way be supplied by (he appoint
ni:i(, 01 1:1c uoaru, u.1111 iuo nexi h:iu'j:h meeting.
- Sec. 9 The I'midsat an J Bit'ci-lops of said TTrmpa-
..! .- 1 . . ; ii.. 1 . -
ri,;m puuers neecasary i jr 11c cunfuriioii, repair
wilU at, maaj ;( of tracks a (hey, or a majority of
t.ieja, may deem ne.-es..ary,: an.l :iiy eatise to be made,
aid als'i to make aaJ eonrtift, all, works whatsoever.
whiv'h any ba ncee ary and espirdiaal, in order to thw
, prjsr eoji.r)Ii!tio:l or Hie snu'ai! roji!.
- LeJiaJf of the tfJMan.v-f4'- niAkia (be said rail. road,
perftirmln;? 'l othci woidis rrpei'(i!iS the same,
vhielt they luU judge neeessary and proper, and to re
quire : front the subscribci-s, from time ta time, such ad
aaces of money on their respective shares, as the wants
. . . - . f .j. F jl.. . . .
la the city of llaJeigh; to appoint a 'IVeasurei, Clerk and
oh theroAiei4 the-yiy eir4r-f! -toiransatt
i jac uutiHv'j 01 mo eo.upanj ntiriaj tuw intervals oe-
( v hm t he general meeting f the sloekliddej-s,- ,
Sbc. 1 1. If any stoskiioldar shall I'.til to pay the sum
re j iircd of him by the President and Directory, or by a
mjtpujr ot mem, wunm one moiilli alter the same shall
hare heca alvcrtised in one of the newspapers ptth!';hed
la the eity of lUleigli, it shall and m iy be lawful for (be
. President and l)lwpftr:- or -armalm'-tf v '"iif" iho7nTn Vt$f ni
-,. publie auction, and to eoaveyjo the purchaser, the slia're
or enures of sueh stockholiVr, so rumn u i tTsin7gTr
a 003 month's previous notice of the lime and place of
sat?, ta manner anjrcsaulj and after retaining, (he sum
due. and all tharcej of tbo sale, oat of (ho proceed
thereof, to pay the surplus over to (he former owner or to
uis jegai represcntaiircf and tr tuc sai:i sale sliail not
produce the sum required to be adva'i,edj.with. tbeiucU
Directors may mover tbo balance of the original pro
prietor or bis assignee, or the executor or admiiiisti'utw
of either of them, by suit in aay eont-t of record having
J umuictioa tbercof, or by warrant before a justice of tho
pease or the county of which be is a resident; and any
mrebaser of tho stock of the company,, under the sale
iy the" President and Directors, shall be subject to (be
same rules and regulations as the origjnal proprietor.
Sue, 12. lit it JaMicr enacted, llat Tr (Tie" c apital
tt jitU- 9f(2ie company hereby Incorporated, shall be found
luusUat fol' the nurnose of this act, It shall and may
l3 la. ful fjr ih President and Directors of the said
company, or majority of them, froia time to time to in
crease the said capital stock to l.l amtwint not e?ceeling
ivto inminna en iiniMira. nv inaniiflirinnni i ni!inv tii'jPM
they may deem necessary first gi ling to the indivldu-
' ul stockholders Tor the time betn;, or their legal repre
sentatives, the option of taking such additional shares, in
proportion to the amount .of stock i eticctivclr held by
them -and opening books in the city of .ItaJejgliand sucit
-other plaecsTkM the President and Directors may think
proper for any balance of tho capital stock created,
which may not be taken by the stockholders for tho lime
" Ueing, or in their uciia'l, and the sulseribers for such
additional shares of the capital stock in the said ccaipany
are liere:;y ueciareu to ue thenceforward ineorpoi-aled
.into the said company, with ull (lie privileges and adrun
tagei, and subject to all the liabilities of tho original
stpckliqlderit:. j
do tic of the application shall have bcea published at
least one month next preceutng, in some newspaper prin
ted as conrenient at may- be 4e the court-house cf the
county," and shall have been posted at the door 7 of the
court bouc, on the hrst day, at least, at the next prece
ding term of said court. A day for the meeting of the
said freeholders to perform the duty assigned them, shall
be designated lathe order appelating them j and any one or
more of them attending on that dar. mav adiourn from
time to time, unrtltlreir business shall be finiibcdr Of
the five freeholders so annointcd. an v three or more of
them mny act, alter having been duly sworn or soicinni.v
a3teie4-bcto
impartially and justly, to the best of (heir ability, ascer
tain the damages that will be sustained by the proprietor
of the land, from the condemnation thereof for Hie use
of (he company and that (hey will truly certify their
proceedings thereupon lo (he court of said coun(y.
in pursuance of (lie order appointing them, to asemhle
0.1 "thnlifnd nrjiifweJ to be conJcmneti. "and alter vevvin"r
thesnme, and heariiig srieh proper evidence as eiihw par
ly may offer, they shall ascertain, according lo their best
judgment, the damages which the proprietor of the. land
will sustain by the condemnation thereof for (be eompa
ny . In performing this duty, they shall consider the pro
prietor of the land as being the -owner of. the whole fee
simple jntercit lhereiiu thcy-shall take into consideration
the quality and quantity of (he land to be condemned, the
additional tencing that will he required Ihcrehy, and all
the 'inconvenience that will result to-the proprietor from
the candcRimition thereof, and shall combine therewith a
mt regard far the u:lvjLatage4..iiUL,lhwffr'f-''the'
laid mirerive ft-otn onrning the rail road throtizh the
u. gK(. i C. "Vh wi the- said freeholders hhall have agreed
upon the amount of damages, thev shall forthwith make
a wnttetr report-of thetr proecod
ana seals, 111 substanee as fullovvs: We. . .. - freehold-
tion, iho cotirt shall appoint five disinterested and impartial
Ireeholders to assess the damagc4 to the owner from the con
. dcnination of bis land to- the use 'of : the enmpany, shall ap
point a claf lof their nieeting, to
1 hem, and shall dismiss at the cost of the company .any. pro
ceeding then depending in their behalf for the condemnation
of the said land. The freeholders so appointed, any three or
more of whom may act, shall proceed in the performance of
tbeir duties, iti all respects in the same manner as if they had
been appointed bjrthe President and Directors ol the com
pany; and the court shall in like manner confirm and disaf
firm their report, supercede them or any of them, and ap
point others in their sfcad -ordirect another-view and report
10 ie made, as otten as may e necessary; anu wnen any
such report, ascertaining the da mages, , shall be confirmed,
the rourt sha'l rcirler judgment in favor of tho proprietor for
the damages so assessed and double costs, and shdihlirreup
on t ither compel the company to pay into court the damages
aiKfc'ostslso
1 loras to -Hum -mmI fetm rtut. -
Sec. 22. Whoa the judgment rendered for tho dava?e?
r - - :
2 L o w s. trg n a s"o a-it
8 f " s a 5 "
3 - i 3 3 s 3 s
n a . i
n a. n. 1,
rr fc - Ha 0 zrt is. w ct-
o -S 5 -?5' -5.2. 5 to" .g
(t A s
" o n 3
3 3 . -1 i,
ers, appointed by nn order of the Court of Picas, and
Quarter Sessions, for (ho purpose of ascertaining the
tlamages that will he sustained by Iho proprietor ol
certain lands in the said county, winch the President and
Directors of the Iialeigh and Columbia Hail Itoad Com-
pany propose to condemn. for their. use do hereby certi-
ty, that we met together on the land aforesaid, on the
day of , the day annointcd therefor bv th said or-
dcr, (ontie day to whT.di wo jiere regularly adjourned
from the day annointcd for our meeting by the same or
der?) and (hat, having been first duly sworn, (or solemnly
aflirmcd, as the ease in ay be) and having visited the prem
ises, we proceeded lo .tusiate the qaaaUly annqnality 01
the lantl arorcKuid, the quantity of additional fencing
1 hith would probably be oetitsioned britsT'OndeinhationT
and all oilier' ineon vrnicnefs which would probably result
tlierelroni lo the proprietor or said land, and that we
combined with these comiderutions, us far as we could r a
just regard ta the advantages which, would be derived by
the proprietor of the said land from the opening of the
aforesaid rail road through .the same; that under the in
fluence of these considerations, we have estimated and do
hereby assess the damages aforesaid at the sum of .
Given underpin- hand und seals, this day of -. At,
uie toot ot tho report so made, the Magistrate before
Sec. 11. JJeJLfiirlhcr enacted, That the Prcsideat
and Directors, or a majority of them, shall have power
' to borrow money for the objects of Oil act, to issue Tcr
. (ideates or other evidence of sue!: loans, and lo make the
same convertible into the, stock 'of ti.e company, at the
pleasure of the boldert ProTfrfed, that the capital shall
rot thereby b(rincrcaicd to aaaroount excewiL-Jar twu mil-
iions or iiouars, ami lopicnge the pa-opei iyot tho com
pany for (he payment, of tho dame with Us interest; J'ro-
t j ,1 ...... . j. ----- . - . .
viutj, iuv 00 ccrmu.uc 01 loan, converiioin into eiock,
cr creating any lien or mortgage on the properly of the
COmnanY. shall bo issued bv (lie President und Directors.
uulesstho expediency of making a loan on such (ermss and
issuing such certificates, shall have first ben determin
ed on at a general meeting of the stockholders, by two
thirds of tho voles which could legally be' given In favor
of the ea:nc. i---:,-:'.:r" : - v--V - . ;
Sue. H. Be it farther enael.d, That the said Presi
dent and -Direetors their oOicets, agents and servants,
hall have ful 1 nower ami authorilv la, enter unon all
lands and teneiueats througU which they may, desire to
conduct their rail road, and lay out the same accord-
t nor i - Hl i. nT 1 a tl tm 'fc , Ii . 4l rl waf f II. rv.ViiMc A a-nH.I
' " "r - - - r ------ - - .... , yw...,
garden or curtilage of no person be invaded without his
consent and that they shall have power la enter in and
., lay out such contiguous lands as they eiay desire to occu
py, as site for depots, toJI-bouses, ware-diouses; engines,
sheds,, wcrk-shcip, water stations, and other buildings.
- l-JT tneiieccssary flceommtotJauoMF-Hir oliteors agents
and servants, their horses, mules', and other eajttle, and
. for the protection of property entrusted to their care:
Provldrd, that the land so laid out on the line of the rail
, road, shall not exceed (except at deep cuts and fillinsrs)
- eighty feet la width, and ( bat the adjoining land for the
aites of buildiupH (unless the President and Directors caa
!,agrec with the owner or owners for the purchase of the"
4arae) saau not exeeeu one and a hair acres in any one
: pat cel. It the President aM Directors" cannot agree
' witU the Owner or owners of the !aals, so entered on and
laid but Vy them, as to the terms of purchase, it shall be
lawful for them to apply to the Court of Pleas and tjuar--ter
Sessions of the county in which such land, or the
greater part of It, may lie and upon such application,
iho court shall appoint five disinterested and Impartial
freeholders, to assess tlte damages to the owner from the
eonde-raaation of the land forth purpose aforesaid; no such
appointment, however, shall be made- unless ten days'
lo the owo ftf the lant, or tha fraardias If the &wner
whom the said freeholders were sworn, shall make a cer
tificate, in substance us follows: county, set. I,
, a justice of the peace of said county, do herby
assessed and costs yha!l ba satisfitd by the payment of ihe
money into courf, or otherwise, the title of the land for which
such damages are assessed shall be vested in the company,
in tho s.ime manner as if tho proprietor had sold and con
veyed it to them, lit il further enacted, That the written
o!ient ot any owner or proprietor of any lands through
which-h- said roaU is lo De constructed, dvmvina his or llieir
agreement to the s nne, shall be valid nd etTertual to give
the waie power and authority over all land rcquirtd for the
construction of the road.- as if the Same had been conveyed
Ci J),uaa'n and sale, or condemned upon petition, as
s
-j
tr- n -i t
' - Er 7 1 -7' -5 se"3
A - a t T o i T 2 5 2 ?
pose oreftfl.vrnrriifmeraH maa atomaTd, ,-na the w-ofu :g...'.-..it.-2i--feB
lor Ibey shall have-b:eii made, or ol" enlarging or olhervvia-; w c,f S ool
WlennnHsTersTi
mm
a 2. r?. o 3 X O r-
5 5? .
2
7?
3 ?S
l 1 "3
2 : tS s 3 - " o
8
t a -I
' -i s cr 4, o m 5- is t
.- TsE S. -sf
1- ' Jl PL- toT-
A 3
tr 3 3
r -i 3 a"
3 -2-4
offiecrs, acnls or servants, nt any time, to enter upon any
adjacent lands, and to cut, quarry, diir, take and carry'' away
therefrom, any wood, ione, gravel of earth, which they my
deem neeossary: Provided, however, that they shall not"
without the consent cf the owner, cut down any fruit tree.
for any tree presgryjmjm
namenr, nor take any umoer, gravel, stone or eaitii, constitu
ling any part of any fence or building:. For all wood, slow,
gravel-or-twtliy 4ak4j -nwler anlhority of tliis aotrfor-all- hr
cidental injuries done to the inc'osiire, crops, wood orgroutid,
in taking and carrying away the same, the said President and
Directors shall make to the owner a fair and reatonaHe com.-,
pehsaiioft, to lo ascertaim?d, if the parties cannrt arre, ly
any-three impartial and disinteiested freeliolderSj -who being
-ftppomteoTitih'f"pliYposcTyTny justice of the peace there
to required by the owner, shall be sworn by him).and shall
then ascertain the .-cmnpensation. upon their own vievv,.of.. the
wnod, jrravel, earth or stone taken, and for the injury done as
aroresaid, in taking lliein: TrovidcA, hoxcerer, that il shall
be the duty of lh owner or owners to show to the justice ol
the peace to wiiom the application is made, that ten days
previous notice of makin? the same, has been giren to the
President or one of tho principal agents of the rail road cora-J
piny; ana no award winch may oe given unucran appoint-
ffil&n t7With'olTructi"'n
r :V3".: r "a itZ: r.; 2 -"S.J? -s-
2 " 2-1 2 ? 2 -3 '3- 3 pi r - S 5.5
2 5 i-5S,-S 52- s 3,3' r
n n ft
certify! that the above named freeholders, before they ex
ecuted their duties, as above certified, were solemnly
sworn Tor affirmed) before me, Uiat they would impaTtial-
ly and juslly, to Ihe best of their ability, ascertain the
damages which would bo sustained by the above named
, by the condemnation of the aforementioned land for
the use of the ltaleigh and Columbia Hail Road Compa-
ny,and that -they-wouHl -eertify-truty their proceedings
thereon to the court of tho said county. Given under
my hand, this - day of ."
Skc. 17. The report of the freeholders, so made, to
gether with the certificate of the justice of tho peace, as
aforesaid, shall bo forthwith returned by tho said free
hold orsjo the court of the county; and unless good cause
can bo shown against the report, it shall be confirmed by
tho court and entered upon rcrordt but if the said report
should bodisa ffi rin pd, ori4iItisaidJ)tt!M4crs. being
ttimble to agree, should report their disagreement, or if,
from any other causa, (bey should fail to make a report
within a reasonable timo after-thwr appointment, the
court may, in its discretion, us often as may be necessary,
supersede them or any of them, appoint others in their
stead, and direct another view and report to b iuado in
the wanttQjatffioaa
bec, 18. On (he eonurinatiou of any such report, and
on payment or tender Jo (he propt ictor of the land, of (he
damages so assessed, or the of said damages in
to court, when for good cause shown, tho court shall have
so ordered, the land rccriird and assessed as aforesaid.
shall be vcstciTtn ItiOf aTrlglf 'and . Cofii inbia Uail Iloact
Company, and thev shall w. adjudged to hold the same in
fee simple, in the same manner ss if the proprietor had
sold and eonvevrd it to thchi. . .
8bo. " 19. While these procrcdin.s are peixltng, for
the purpose of ascertaining (he damages lo the proprie
tor fur the condemnation of his land, and even before they
shall have been Wstilutcd, (he President and Directors, if
they think that the interest of the company requires it,
may, by themselves, ihtirjofficcrs, jigcttlsad-scrvanlsr
enter upo Ihe lands laid out by them, us aforesaid, and
which they desire (0 eundemn aiwl apply to the uso of the
said company. If, when they so take possession, proceed
ings to ascertain the damages as aforesaid, be pending, it
shall be their duty diligently to prosecute thcui to conclu
sion ; and when the report cf (he freeholders, asecrtain-
iir tlf danvages-ithalLbej-rettirucd and confirmed, the
court shall render judgment in favor of the proprietor of
. a , . . .1 9 I . . t ! , .
Hie lami, ior tuo amonni mercoi, anu cuurr comiici us
uvyment Into eoort, or awawl process of execution for its
recovery, as to thwa 111 seem right.
.8isci-lW.--iItt-tIio-,aiitime,- order shall be made,
and no injunction shall be awarded by any court or judge,
to stay the proceeding;! of (ho company in the prosecution
of iheir work, unless it bo manifest that their officers,
agents or servants, arc- transcending the authority given
theni by this act, and that the Interposition of the eourt
is necessary to prevent injury that cannot he adequately
compensated for In damages.
Sec. 21. If the President and Directors shall take
nossession'of any land before- the same shall have been
purchased by them, or condemned and paid for aeeording
to the provisions of thi act, and shall fail for lorty days
to institute proceedings Tor ws condemnation, as aloresaid,.
or shall not prosecute with ae diligence the proceedings
Drcvioustiee of
proprietor of the land, upon giving to the said President
he company: Provided, hoicever, that either parly, not
satisfied with the award which may he given as above, may
appeal' to -the Court of Pleas and Quarter Sessions of the
county to which-, the-land may be situated, who may, as in
Ihe case of the assessment of lands, confirm or disaffirm the
report-!-the -freeholders supercede Jheni- or any of-4hcm,
nU appoint others in their stead, or Hect another view and
report to be mado, as often as may be necessary.
Skc. 24. If the said President and Directors, in entering
upon iho land of any person under the authoiity of Jhjs aet,A
for the purpose of " laying 6"uF,"c6nsfructTng L jter-
ing or repairing any of (heir said works, shall, by themselves
or their officers, do any wanton or wilful injury to such land
or its appurteiiancesor to the crops growing or gathered, or
to any other property thefeonTTho Raleigh and Columbia
Hail Road Company shall pay to the person so injured don
bit tho amount pf damages which shall ho nssyjrd by a jwi y
in any prfipef action therefor; or if said ii'jury be done by
anV. Person or nersons who mav have contracted wilh tb
j - a a m 4
company fortius construction of any portion of the road, or
any of the Works connected ' tTie'rewith, BcTiTey'i'fia?r'1)e"''
responsible to the parly injured in the like amount.
Sec-. 25r Whenever, in the construction of said rail road,
it shall be necessary lo cros or intersect any established road
or way, it slwll be the duty of the said President and Direc
tors sow
roau'f"Way8ra9 nt-tinvpedethe pawage-eMtansportaitim.
of persons or property along the same; or when it shall be
iocejssjijryJo-iHi5.ltbrc
also l)e their duty to provide for such inili''idual a proper wa
eon way across said rail road, from one part of his land to tho
other:: Provided, however, that in rder to pjevcut the fre-
quetil crossing ot established roasls or ways, ct in ea-e it
may bo necessary t" occupy the same, it may be lawful lor
iImj said President and Directors to change the faid roads lo
points where ihgy may deem it expedieut to do so; and that
(cr entering upon or taking any land that may be neei ssarv
therefor, tfcey shall be, and ore hereby -authorised to proceed
under the piovisions ot tlnsacf,as in the.iase ol land ncces-ary
for their rU road: Provided, further, that previous to tb
making of anyuchiangOjjhejaidijmpanyhahjnake
anilreare a road cqtrallj good with the portion of the roaI
proposed (0 be substituted; but nothing herein contained
shall be so' construed as to make it incumbent on the com
pany to keep in repair the portion of any road which ihry
may have changed, as aforesaid. "
Skc. 2G. '-The said President and Directors, or n mnjor.
ity of them, shall have power to purchase with tho funds of
thV-coropayf-ar-pWeM
this act, a!l machines, wagons, rolnctes, and carriages lind
tmis of every discription whatsoever, which they .mny d.-em
necessary r proper for tho Iransportationof perswis or pnp
crty; -orif theyshoold "tlcetn it nvofe. expedient to oV.aoy they,
may contract with any other frail road company cr rompa
nics, or with any individual or individuals, for effecting the
IranRporlaticMi 011 tho same.
Skc. 27. AH machines, wagons, vehicles and carrbges,
purchased as aforesaid with the funds of the company, or
engaged, in the business of transportation on said rail roaJ;
andalj the works of faitl company constructed, or properly
acquired under the authority of this act, and nil profits which
shall accrue from the same, shall be vested in tb respective
stockboklers of the company forever, in proportion to their
respective shares; and the same shall be deemed personal es
tate,, and shall he exempt from any public charge or tax what
soever for the terra of fifteen years; and thereafter the Legis-
latarcmay impose tax not ecwd.ingiigcB.fy?Jrefi.s4).cr
aannm per share ea each share cj tho capital stock, when-
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