!
" Ours are
the plans of fair
delightful peace, uiivrarpd by party rage, to live like brothers."
VOIi. Xli,
NO. 10.
MOJVDAY, MARCH 11, 1S39.
(BY AUTHORITY.)
PUBIjIC acts
or THS
UAIPIE '(D)' IP (SpiBffllSCSMCDIIdB-SrA
PASSEI BYj THE GENERAL ASSEMBLY, ,
At THEIR SESSION WHICH COMMENCED ON MONDAY THE NINETEENTH
OF NOVEMBER, ONE THOUSAND EIGHT HUNDRED AND THIRTY-
EIGHT, AND ENDED ON TUESDAY THE EIGHTH OF JANtfARY,
nvc I Timns i wn 'vt iiut unvnnvn i vn THinTViVTVR.
(wELDOJ? RAIL ROAD act concluded.)
XXIV If the said President and Directors, in entering Up
on the land of any person under the authority of this Act, for
the purpose of laying jout, constructing, enlarging, altering or
repairing any of their said works,shall by themselves or their
officers, do any wanton and wilful injury to such land or its
appurtenances, or to the- crops growing or gathered, or to any
other property thereon, the Weldon Rail Road Company shall
pay to the person so injured, double the amount of damages
which shall be assessed by a jury in any proper action there
for; or if said injury be done by any person or persons who
may have contracted with the Company for the construction
of any portion of the Road, or any part of the works connect
ed therewith, he or they shall be responsible to the party in
jured in the like amount
XXV. Whenever in the construction of said' Rail Road,
it shall be, necessary to cross or intersect any established Road
or Way, it shall be the duty of the said President and Direct
ors so to construct the said Rail Road across such established
Roads or Ways, as not to impede the passage or transportation
of persons or property along the same, or when it shall be
necessary to pass through the land of any individual, it shall
also be their duty to prpvide forfsuch individual a proper wag
on way across said Rail Road, from one part of his land to the
other: Provided however, that in order to prevent the fre
quent crossing of established Roads or Ways, or in case it
may be necessary to occupy the same, it may be lawful for
the said President and Directors to change the said Road to
points they;: may deemuit" expedient to do so, and that for
entermgupoif or taking any land that may be necessary there-
. ' .... 1 1 1 . 1 t A t
for, they shall be, ana are nerepy autnorizeu 10 proceea un
der the provisions of rthis Act, as in the case of land necessary
for their Rail -Road: 'Provided furtherihat previous to the
making of anjr such change, the said Company shall make
and prepare a Road equally good with the portion of the Road
- proposed to be substituted; but nothing hereiri contained shall
be so construed as to make it incumbent on the Company to
keep in repair the portion of any Road which they may have
changed as aforesaid;
; XXVI. The said President and Directors, or a majority
of them, shall have power to purchase with the funds :pf the
Company, ana" place on the Rail Road constructed under-this
Act, all machines, wagons, vehicles, and carriages and teams
of every" description whatsoever, which they may deem ne
cessary or proper Car "the transportation of persons or prop
erty, or if they should deem it more expedient to do so, they
may contract with any individual or individuals for effecting
the transportation on the same.
XXV II. All machines wagons, vehicles and carriages,
to aemana and receive irom all persons, and lor wagons, car
riages, and for all-) four nd two wheeled vehicles, and for all
beasts of burdenl sheep and hogs passing the same, the tolls
Which may be allowed by the Court of Pieas and Quarter
Sessions of the County in which the said bridge may be.
XXXII. As soon as ten miles of the Rail Road hereby
authorised shall be completed, the President and Directors
Shall annually or semi-annually declare and make such divi
dend as they mav deem proper, of the nett profits arising
from the resources of the said Company, after deducting the
necessary currenjt and probable contingent expenses of the
said Company, ajnd shall divide the same among the propri
etors of the stock of said Company, in proportion to their
respective shares.
XXXIII. An 1 annual meeting of the subscribers to the
stock of said Company, shall be held at such time and place
in each year, as the Stockholders at their first general meet
ing, or at any subsequent meeting, may appoint ; to cpnsti
tute which or any general meeting called by the President
and Directors, according to the provisions of this Act, the
presence of the proprietors entitled to a majority of all the
votes which coulp1 be given by all the Stockholders shall be
necessary, either! in person or by proxy properly authorised,
and if a sufficient number do not attend on that day, or any
day appointed for a general meeting called by the Directors
aforesaid, the proprietors who do attend may adjourn from
time to time, until such general meeting shall be had.
XXXIV. In counting all votes of the said Company, each
member shall be allowed one vote for each share not exceed
ing two shares ; one vote for every two shares above two and
not exceeding teri ; and one vote for every five shares above
ten by him held $i the time in the stock of the Company :
Provided however, that no Stockholder, whether an individ
ual, body politic pr corporate, shall be entitled to more thah
sixty votes on any amount of the capital stock of said Com
pany held by hint or them.
XXXV. The President and Directors shall render dis
tinct accounts of their proceedings and disbursements of mo
ney to the annual
XXXVI. The
purchased as aforesaid with the funds of the Company, or en-
gag3d in tne Dusmess 01 transportation on saiu ivan itoau, anu
all the works of said Company constructed, or property ac
quired under the authority oXthis Act, and all profits which
shall accrue from the same, shall be vested in the respective
stockholders of the Company forever, in the proportion of
j. , . x. i
their respective shares, and the same shall be deemed per
sonal estate, and shall be exempt from any public charge or
tax whatsoever.
XXVIII. Upon the Road hereby authorised, the Company
shall have the exclusive right of transportation. When it is
completed, they shall at all times furnish and keep in good
repair the necessary carriages and other requisites for the safe
and convenient transportation of persons and property, and
it shall be their duty, at all times, upon the payment or ten
der of the tolls hereby allowed, to transport to any depot on
the Road, which the. owner of the goods may indicate, and
there to deliver, all articles which shall be delivered to them
for transportation, or offered to them in proper condition to
be transported, at said depot on the Road most convenient for
the reception thereof.
XXIX. They "shall give no undue preference to the prop
erty of" one person over that of another, but as far as practi
cable, shall carry each in the order Of time in which it shall
be delivered or offered for transportation, with the tolls paid
or tendered. If the Company, or any of its officers or agents,
shall fail to receive, transport or deliver in due time any
property so offered to them for transportation, or shall fail to
take up or sit down any passenger or passengers at such conr
venieht point as he or they may desire, upon the payment or
tender of the passage money hereby allowed, they shall for
feit and pay to the party so injured double the amount of the
lawful toll paid or tendered, and shall moreover be liable to
an action on the case, in which full damages and double costs
shall be recovered.
XXX. So soon as any portion of the Rail Road hereby au
thorised may be in readiness for transportation, it shall be
lawful for the said President and Directors to transport, by
their officers or agents, or by contracts under them, persons
and property on the same, and they shall have power toy charge
for the transportation of persons, goods, produce merchan
dize and other articles, and for the transportation of the mail,
any sum not exceeding the following rates, viz : on persons,
not exceeding eight cents a mile for each person, unless the
distance which any person be transported be less than ten
miles, in which case the President and Directors may be en
titled to make an extra charge Of fifty cents for taking up and
putting down each person so transported ; for the transporta
tion of goods, produce, merchandize, and other articles, not
exceeding, an average of twelve cents per ton, per mile ; and
for the transportation of the mail, such sums as they may
agree for; and the said President and Directors shall be fur
thermore entitled to demand and receive for the weighing,
storage and delivery of produce and other commodities, at
their depots and warehouses, rates not exceeding the ordinary
warehouse rates charged for such services.
XXXI. Be it further enacted, . That if the said President
and Directors shall deem it advisable to construct the Bridge
wnicn may be necessary on the line of their Rail Road, of
sufficient width !to admit of the passage of common Roads, as, this State, or imon anv "RriiW or Viaduct helnmrinir tn and
well as their Rail Road, over the same, thev mav be entitled forming nart thprpnf nr. shall wilfully and tnalinirmsW nf
j . J - - - . J w VM.M. V "W V p. J W A y WAAMAA. T AAA V A J MAA AAA MA A V VA W A J VU VA
oreak, remove, displace, or m any? other manner, or by any
means whatever, destroy or injure any rail or sill of any
such Rail Road, or any such Bridge or Viaduct, or any part
thereof, or shall, by any ways or means whatever, injure, de
stroy, or obstruct any such Rail Road, Bridge or Viaduct,
as aforesaid, the party so offending, shall, on conviction there
of, be fined in any sum not exceeding one thousand dollars,
be imprisoned for any time not exceeding three years, and
find securities for being of good behaviour for not less than
one, nor more than seven years, from "and after the expira
tion of the said imprisonment, in such sum as the Court hav
ing cognizance of the same shall direct. And if it shall hap
pen that that tby reason of the commission of the offences a
foresaid, or any one of them, any Engine or Car shall be
thrown off the track of any such Rail Road, or shall he stop
ped or obstructed so that any person or persons shall thereby
be instantly killed, or so wounded or hurt as to die therefrom,
within six calendar months thereafter, or shall thereby be
maimed or lose the use of any limb or member, then, and in
every such case, the party so offending, his aiders, abettors,
helpers, counsellors and advisers, shall be deemed guilty of
felony, and shall suffer death, as in case of felony, without
the benefit o? clergy.
II. And be it further enacted, That this Act shall go
into operation and take effect from and after the first day of
March next, and not sooner.
Ratified 7th January, 1839.
CHAPTER XXXII.
AN ACT to improve a part of the State Road leading from
the Town of Franklin, in Macon County, across the
Nantahala and Valley River Mountain, to .
the new Town site called Murphy.
Be it enacted by the'General Assembly of the State of
North Carolina, and it is hereby enacted by the authority
of the same, That the G overnor be, and he is hereby autho
rised to appoint some suitable person as Commissioner, whose
duty it shall be to examine that part of the new State Road
leading from Franklin in Macon County, to the Town site
called Murphy, from the eight to the twenty-nine mile post,
a distance ortwenty-onemiles, and after due examination
thereof, shall determine and fix on the length of sections
which shall not exceed the number determined upon by John
L. Smith, the original Commissioner for said Road t and the
Commissioner so appointed shall receive for his services and
expenses, two dollars per day for each day he may be in ac
tual service for the purpose aforesaid, to be paid out of the
fund hereinafter appropriated for the improvement 61 said
Road. .
II. Be it further enacted, That when said Road shall be
laid off in sections of convenient extentthe Commissioner
shall give thirty days public notice, by advertising at the Court
House, and two other places in each of the Counties of Hay
wood and Macon, of the time and place for letting out the
contracts for improving said Road, which shall be done in the
Town of Franklin, and he shall let the contracts out by sec
tions at public auction, to the lowest bidder.
III. Be it further enacted, That the Commissioner shall
take from each contractor a bond with approved security,
payable to the State of North Carolina, for thefaithfurexecu
tion of the work according to specification, one item of which
shall be, that there .shall not exist on an y part of said Road,
a greater rise than one foot in eight, and on failure of any
contractor to execute his work according to the terms speci
fied in the contract, then it shall be the duty of said Com
missioner to commence suit on the bond, and prosecute the
same, to judgment and execution, and the moneythiis collect
ed, shall be applied to the improvement of said Road.
IV. Be it further enacted, That for the purpose of im
proving said Road, a sum not exceeding two thousand dol
lars be, and the same is hereby appropriated, payable in bonds
accruing from, the sale of the Cherokee Lapdsand the Gov
ernor is hereby authorised to draw his warrant or warrants on
the Public Treasurer in favor of the Commissioner, for such
portion of this appropriation as to him may seem necessary
and proper.
V. Be it further enacted, That said Commissioner, before
entering upon the duties of his commission, shall execute to
the State of North Carolina a bond with approved security,
conditioned for the faithful application of the funds placed in
his hands lor the improvement of the Road, and on the com
pletion thereof, shall report to the Governor of the State the
'A
character of the improvement and vouchers for the expendi
ture of all sums disbursed by him.
VI. And be it further enacted, That said Commissioner
shall have said Road completed by the fifteenth day of July,
one thousand eight hundred and thirty-nine, and on the com
pletion of the Road, shall carefully examine the same, receive
it, if done according to contract, and thereupon report to the
governor as by the ioregomg section.
Ratified 4th January, 1839.
same rules, regulations and restrictions as heretofore appointed
-by law; and said Grants, Deeds of Mesne Conveyance, Pow
ers of Attorney, Bills of Sale, and Deeds of Gift, shall be as
good and valid as if they had been proved and registered
within the time heretofore allowed : Provided, that nothing
herein contained shall be construed to extend to mortgages
or to conveyances in trust ,
Ratified 4th December, 1838.
'
CHAPTER XXXV.
AN ACT to amend an Act, entitled "An Act concerning the
action of Replevin. $ . '
Be it enacted by the General Assembly of the State of Worth
Carolina, and it is Hereby enacted by the authority of the tame.
That if, upon the trial of any action of Replevin, for any
slave or slaves, the Plaintiff or Plaintiffs shall recover, final
judgment shall be rendered against the Defendant and his
security, in case he shall haye given a bond, as required by
the fourth section of an Act concerning the action of Reple
vin, for such value as shall be assessed by the Jury, upon
such slave or slaves, with a condition, to be discharged by
the surrender of such slave or slaves, demanded by the writ,
and the payment of such damages is may be adjudged by the
Court, for the taking and detention, of such slaves ;? which
.damages, for the taking and detention aforesaid, the Court
shall assess double the amount assessed by the Jury.
Ratified 8th January, 1839.
meeting of the Stockholders.
Works hereby required of the Weldon Rail
Road Company shall be executed with diligence, and if they
be not commenced within three years after the passage ot
this Act, and finished within ten years after the first general
meeting of the Stockholders, then this charter shall be for
feited. 1
XXXVII. The, President and Directors shall cause to be
written or printed certificates of the shares of the stock in the
said Company, and shall deliver one such certificate signed
by the President, nd countersigned by the Treasurer, to each
person for the number of shares subscribed by him, which cer
tificate shall be transferable by him, subject however to all
payments due or tp become due thereon, and such assignee hav
ing first caused the transfer or assignment to be entered in a
bodkof the Compajny to be kept for the purpose, shall thence
forth become a member of the Company aforesaid, and shall
be liable tpjpay alii sums due or to become due upon the stock
assigned him : Provided however, that such assignment shall
in no wise exempt the assignor or his representative from their
liability to the said Company for their payment of all such
sums, if the assignee or his representative shall be unable or
fail to pay the same
XXXVIII. If ahy person or persons shall wilfully, by any
means whatever, impede or hinder the construction of, injure,
impair or destroy any part of the Rail Road to be constructed
under this Act, or any of the necessary works, machines,
wagons, vehicles, carriages or other property belonging to the
said Company, or Shall place any obstruction on said JRoad,
such person or perspns shall be deemed guilty of a misdemean
or, and on conviction thereof, in the Court of Pleas and Quar
ter Sessions, or Superior Court of Law of the County in which
the offence; may be committed, shall be fined and imprisoned
at the discretion of jthe Court.
XXXIX. Be it further enacted That when the General
Assembly may be koi the opinion that5 the charter hereby
granted shall have been violated, it may be lawful by joint
resolution of the two Houses, to direct the Attorney Gene
ral, with such assistant Counsel as the Governor or Legisla
ture may think proper to engage, 0 issueawrit of scire facias,
returnable before the Judges of the Supreme Court, calling up
on the said corporation to show cause why their charter shall
not be forfaited, subject to the same proceedings as are now
prescribed by law in case of other corporations. Their books
shall at all times be open to the inspection of a Committee of
the General Assembly appointed for the purpose, and the Pres-
ldentofsaijd Companyshall biennially make a report to the
Legislature, on pr before the thiid week of their Session, of
their receipts and expenditures, and of such other of their pro
ceedings asi Ke shall deem proper.
XL. Behitfurther enacted, That any Rail Road which
may hereafter, be constructed by the State or by any Compa
ny incorpoSrated by the Legislature, shall be at liberty to cross
the Road hereby allowed to be constructed upon a level or
otherwise as may be advantageous : Provided, that the free
passage of the Weldon Rail Road is not obstructed.
XLI. Be itfurther enacted, That whenever the Rail Road
shall be so jcrossed or approached by any other Rail Road
incorporated by the State, the said Weldon Rail Road Com
pany may erect a depot at or near the point of intersection,
where they may receive and deliver passengers and freight,
and take therefor the same rates of compensation, and be sub
ject to the Same regulations as other depots; and if they fail
or refuse t6 erect such depot, the State or Company owning
such intersecting Road, may erect one, and the Company
hereby incorporated shall receive and deliver passengers and
freight at Such depot, under the same regulations as aforesaid,
unless the same shall be rendered impracticable by the situa
tion of the Rail Road at such place.
XLII, And be it further enacted, That this Act shall
take effect and be in force from and after its: ratification, and
shall enure and continue for the term of ninety years.
Ratified 8th January, 1839.
CHAPTER XXXIII.
AN ACT to amend an Act, passed at the present Session,
entitled "An Act to extend the time for recording
Grants, Deeds, Mesne Conveyances," &c.
Be it enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authori
ty of the same, That the provisions of the above recited Act
shall not be so construed as to give any person power to re
cord Grants from the State for any of the Swamp Lands
which have been, or may be surveyed by direction of the
Literary Board, with a view to draining the same.
Ratifie4 8th January, 1839.
CHAPTER XXXI.
AN ACT to prevent the malicious obstruction of Rail Roads.
Be it enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authori
ty of the same, That if any person or persons shall wilful
ly and maliciously put or place any stone, earth, timber,
wood, or any other thing whatever, upon any Rail Road in
CHAPTER XXXIV.
AN ACT to extend the time for registering Grants, Mesne
ConveyancesPowers of Attorneys Bills of Sale
and Deeds of Gift.
Be it enacted by the General Assembly of the State ef North
Carolina, and it is hereby enacted by the authority of the same,
That all Grants of land in this State, all Deeds of Mesne
Conveyance, Powers of Attorney, under which any lands
tenements or hereditaments have been or may be conveyed
all other Powers of Attorney, which are required to be proved
and registered by any Act of the General Assembly, al
Bills of Sale, Deeds of Gift, already proved, or which may
hereafter be proved, shall and may, within two years after
the, passage of this Act, be admitted to registration, Under the j Ratified. 7th January, 1839.
CHAPTER XXXVI.
. AN ACT to amend the Revenue Laws of this State.
Be it enacted by the General Assembly of the Stxtte of North
Carolina, and it is hereby enacted by the authority of the same,
That the several Courts of Record, held by the Justices of
the Peace within their respective counties in this State, shall
have power, and are hereby required, on. application in be.,
half of any person liable to taxes upon lands in such county,-
and which shall not have been valued and returned as the
law directs, to value the same in like manner as the Boards
of Valuation in such county are required toValue taxable
lands, and such valuations, it shall be the duty of the1 CJerk,
to record in like manner, and under the same rules, regula
tions and restrictions, as other taxable lands within such
county. .' fe
II. Be it further enacted, That where any of the County
Courts in this State shall have appointed their Boards of Val
uation subsequent tp the time required by law, anor in pur
suance thereof, the lands within such county shall have been
valued, returned and recorded as the law directs, such valu
ation, and all other prpceedings had thereuponepnformably to
law,. are hereby declared to be good, and available to all in
tents and purposes, as though the same had been done in due
time, and shall be liable for taxes, and subject to tthe same
rules, regulations and restrictions, as othef jands liable! for ,
taxes are, within this State. ' t
III. Be it further enacted, That saidXJotirts, withjn their
respective counties, or any Jusffceithm' his iitrict. ap-
pointed to receive taxables Tor such district, shall, either of 4
tnem, nave power, and are nereDy required, on "application
of any person liable to taxes bnlands, withinjsaid county or
district, to apportion rthe valuation or assessment thereof in
such manner that the "several persons liabletb taxes therfepct
shall be subject to his, ber f ;their share of taxesj?an3hb
mpre, ana sucn apponionmenxo oe iisiqu accoraingiy; "
uivucu, luaiiciiv uc uic uu ly ui suu jusutc u uiximuj dis
interested freeholders, who, first being sworn, shall act with
said Justice in such apportionment u .
IV Be it' furtjier ' enacted, That the sar Courts shall
have power to receive returns of .taxables in their severap
counties, at any term Deiorejpne nrst aay oi iprn ln eacii
and every year -the person so applying to such Court, and
having his taxables listed, paying to the Clerk forty cents for .
receiving and recording the same. ,
V. Be it further enacted, lhat said-'Courts shall .hear
and determine upon any and all applications within their sev
eral counties, to be relieved from a double tax already in
curred, or which may hereafter be incurred, within their res
pective counties, and to remit the same, and if paid, to order
the Clerk to issue a certificate of the public or State tax. to
the persons thus relieved, which certificate shall be receiva
ble by the collector, in behalf of the holder thereof, as so
much of his, her or. their next year's tax, and not after, and
also a like certificate of the amount of county and poor dou
ble tax so paid, which shall be receivable in like manner ai
the above tax, or refunded out of the county fund, as the
said Court may in their discretion order and direct, for which
said Clerk shall receive ten cents on each certificate,, to be
paid by such relieved party, which certificates shall be al
lowed the Sheriff, in settlement of his public and county
taxes.
VI. Be it further enacted, That such returns of taxables
as shall be made under the provisions of this Act, to the Clerk
of any of said Courts, and which shall be made after sUch
Clerk shall have recorded His lists of taxes, or set up his list
in the Court House, such Clerks shall record said returns as
supernumeraries, and deliver out duplicates, and make re
turns thereof as other taxables.
VII. Be it further enacted, That where any of the Coun
ty Courts have failed to appoint , a Board of Valuation, ac
cording to the provisions of the Revenue Act of one thousand
eight hundred and thirty-six, but have appointed Justices in
the several districts of their county, to take the list of taxas
able property, and all persons liable for taxes have given' in
their list under the old assessments, the same is ereby de
clared to be lawful and binding, as though a Board of Valua
tion had been appointed, and the land given in under such
valuation. - r:
' i
VIII. Be it further enacted, That where any Court may
have failed to appoint a Board as aforesaid, the' time for ap- 4
pointing such Board of Valuation is hereby extended untiL
the first Court that may happen after the first jlay of May
next, and the acts of such Board, thus appointed, shall be as
valid, as though they had been appointed in "one thousand
eight hundred and thirty-six, and the persons whose lands
are thus valued shall hereafter give in their list of lands ac
cording to the Valuation thus made. . '
IX. And be it further enacted, That this Act shall be in
force from and after the ratification thereof.
A.