be styled "The North Wilkesboro and Boone Turnpike Com- Corporate name. pany," is hereby authorized. Sec. 2. That the said company be and is hereby authorized to Company authorized to operate a construct, maintain and operate a turnpike road, extending from turnpike. the town of North Wilkesboro, by the most practicable route that may be selected, to Boone; and that for the purpose of raising the capital stock of said company and to acquire the means of completing said road as contemplated by this charter, it shall be lawful to open books of subscription in the town of North Wilkesboro, and in the town of Boone, or at such other places as may be deemed advisable, under the direction of any three of the following-named persons, to-wit: J. E. Finley, E. S. Blair, R. W. Gwyn, L. E. Davis, L. L. Church, W. L. Hendrix, E. F. Lavill and J. C. Horton. how divided. Sec. 3. That the capital stock of said association shall be divided Capital stock, into shares of ten dollars each, and whenever one hundred of such shares shall be subscribed for on the books authorized to be opened for that purpose, the subscriber for the same and their future associates, and their successors and assigns, are hereby declared to be a body politic and corporate by the name and style of "The North Wilkesboro and Boone Turnpike Com- Corporate name. pany," with all the rights, powers and privileges incident or belonging to corporations, as set forth or referred to in the chapter Corporate rights and powers. of The Code of North Carolina, entitled "Corporations," and by that name may sue and be sued, plead and be impleaded, answer and be answered unto in any court in this state; may appoint all necessary officers and agents and prescribe their duties; and may purchase, accept, hold and convey any property, real and personal, necessary for the purpose herein before and hereinafter mentioned; and may contract, have and use a common seal, and do all other acts incident to and connected with said corporation, and necessary for the control and transaction of its business: Provided, that nothing shall be done in conflict with the Proviso. laws of this state. Shall not conflict When company ized Sec. 4. That so soon as one hundred shares of the capital stock of said corporation shall be subscribed for, it shall be lawful for any three of the persons hereinbefore named to call a general meeting of such subscribers by notifying each one in writing at least two days prior to such meeting, or by publication in some newspaper published in either county through which the road passes for two weeks, and such subscribers at such meeting shall elect from among themselves a board of directors of not less than five, and the directors to be chosen at such meeting and at the sub- directors. sequent annual meetings of the stockholders as they may be fixed by the by-laws of said corporation shall elect one of their number president of said corporation at said meeting or at any sub Election of Adoption of bylaws. Payments of capital stock. Lands may be condemned. Damages assessed by referees. Referees shall take oath. sequent meeting of the stockholders of said corporation. They may adopt all such by-laws as may be considered necessary for the good management of said corporation, and all matters not provided for by such by-laws shall be regulated and done as the board of directors shall from time to time order and direct. Sec. 5. That the board of directors may require payments of subscriptions to the capital stock of said corporation to be made in such installments as they may think proper; and in case any subscriber shall fail to pay the amount of his subscription after fifteen days' notice given in writing, the directors may sell said share or shares of stock so subscribed for by him by public auction, or so many of them as may be sufficient to pay the amount of his subscription then remaining unpaid, and if a balance shall remain unpaid after applying the proceeds of the sale as aforesaid, the same may be recovered by the corporation from such delinquent subscriber before any court having jurisdiction of the amount so remaining unpaid. Sec. 6. That whenever any lands may be required for said turnpike, either for a roadway or for toll houses or other appurtenances thereto, and an agreement can not be made with the owner or owners of such lands, the company or owner may in writing apply to the clerk of the superior court of Wilkes or Watauga counties (having regard to the county in which the land is situated or located) to cause the damages, if any, to be assessed by three disinterested referees, one to be chosen by the owner, one by the corporation and one by the clerk of the court; if either party or both shall fail to appoint after five days' notice of the application to the clerk, then the clerk shall appoint instead. The referees so appointed being duly notified by the clerk shall, being first duly sworn by some person authorized to administer oaths to act impartially, lay off a right-of-way not exceeding forty feet in width, as the company may elect, and also if required by the company shall lay off a suitable site or sites for a toll house or houses not exceeding one acre of land at each toll house and assess the damage, if any, to the owners of the land, taking into consideration any benefit or advantages to accrue to such owner from the making of such road and return their award in writing within ten days to said clerk, and such award of such referees or any two of them when returned shall become a judgment of the superior court of said county on which execution may issue as on other judgments of the superior court, if the amount is not paid by said company within ten days after notice of such return. If either party is dissatisfied with the award of the referees they Either party may may appeal to the superior court as in other cases of appeal. So appeal. soon, however, as an award is returned by a majority of such referees as aforesaid, whether there is an appeal or not, the com Such awards shall become a judgment. pany may enter upon the lands referred to in such award and use them for making such turnpike road or erecting toll houses, as the case may be. roads without Sec. 7. That said company shall be authorized to demand, re- Toll fares, etc. cover and receive from all persons using the road such compensation no greater than the following fare or toll: For four-horse or four ox team, forty (40) cents each way; two-horse or two-ox team, twenty-five (25) cents each way; two-horse buggy or hack, thirty-five (35) cents; one-horse buggy, twenty-five (25) cents; one-horse wagon, fifteen (15) cents; horse and rider, ten (10) cents; loose horses or cattle, five (5) cents each; sheep, three (3) cents each. Any person who shall use any part of said road without paying the fare and toll due and payable for such use, and demanded by Persons using any officer or agent of said company at the established toll gate, paying fare a shall be guilty of a misdemeanor, and on conviction before any misdemeanor. justice of the peace of the county of Watauga or Wilkes, according to the respective jurisdiction, shall pay a fine of not less than two dollars ($2) nor more than five dollars ($5), and upon failure to pay such fine, together with the cost of the proceeding against him, shall be imprisoned by the justice of the peace before whom the case shall have been tried not less than five (5) days nor more than twenty (20) days. All such fines as may be collected by virtue of the provisions of this section shall be paid over to the school fund of the county in which collected. Sec. 8. That so soon as said turnpike shall have been completed from North Wilkesboro up the north side of Yadkin river to Lewis Fork creek, or so as to intersect or connect with the public road leading from Deep Gap to Holmes ford of the Yadkin, in case this route is chosen for said road; or when said road is completed an equal distance on any other route that may be chosen in locating same, the said company is hereby authorized to erect a toll gate across said turnpike at some convenient place as the board of directors may select, and said company shall also have power and authority to erect a gate or gates at such other place or places on said road after it is constructed as may be deemed advisable by the said board of directors, and at such place or places may demand, recover and receive the fare or toll authorized by this act and no more. when said com pany is authorized to erect toll gate. be received and Sec. 9. That the fares or tolls received for the use of said road How tolls shall shall be expended in keeping the toll houses, making and con- used. structing said turnpike and keeping the parts thus made in repair until the whole turnpike from North Wilkesboro to Boone is completed, and after said road is completed as aforesaid the said company shall be authorized to declare dividends for the benefit of the stockholders: Provided, however, that in case said company should issue and sell its bonds or mortgage its propPRIV-41 Company may issue bonds. How bonds shall be signed. Persons obstructing or damaging road. Individual liability. erty, road and franchises in order to acquire the means for putting through and completing said road, the net receipts from tolls and fares, after all expense of operating and keeping said road in repair is paid, shall be applied to discharging such indebtedness and liabilities. Sec. 10. That at any time after said company is organized as provided for in this act, if it should be desired in order to secure necessary means for completing said road, they shall have power when authorized by vote of a majority of the directors to issue and sell its bonds to an amount not exceeding three hundred dollars per mile, bearing interest at not more than six per centum per annum, to run for such period as may be determined by said board of directors; said bonds to be signed by the president, attested by the secretary and sealed with the corporate seal of the company; and may, if authorized by the board of directors, execute mortgages on all or any part of the road property and franchises of said company to secure the payment of such bonds or other obligations, or may sell or lease same at pleasure. Sec. 11. Any person who shall in any manner injure or obstruct the road of said company or any bridge connected therewith, besides being liable for damages in a civil action, shall be guilty of a misdemeanor, and on conviction thereof before any court having jurisdiction shall be fined or imprisoned, or both, in the discretion of the court. Sec. 12. That the stockholders shall not be individually liable for the debts of the corporation. Sec. 13. That this act shall be in force from and after its ratification. Ratified the 6th day of March, A. D. 1899. Relating to election of con CHAPTER 242. An act to repeal an act entitled "An act to amend the charter of the town of Burlington, Alamance county, North Carolina." The General Assembly of North Carolina do enact: Section 1. That chapter one hundred and twenty-eight (128), stable and street private laws of eighteen hundred and ninety-seven (1897), be and commissioner. the same is hereby repealed. Sec. 2. That this act shall be in full force and effect from and after its ratification. Ratified the 6th day of March, A. D. 1899. CHAPTER 243. An act to revise, amend and consolidate the act of incorporation of the town of Louisburg, North Carolina, and the acts amendatory thereof. The General Assembly of North Carolina do enact: Corporators. SECTION 1. That W. H. Macon, George H. Cooper, James M. Allen and R. G. Hart, and their successors in office, are hereby incorporated into a body corporate and politic, by the name of Body corporate. the "Commissioners of the Town of Louisburg," and under such Corporate name. name and style may adopt a corporate seal, sue and be sued, Corporate powplead and be impleaded, acquire by purchase, bequest or other ers. conveyance, such real and personal property anywhere within Louisburg township as may be requisite and necessary for the proper government of the town; hold, invest, improve, use, govern, control and protect, and under the hand of the mayor and two commissioners attested by the corporate seal may sell or dispose of the same and have all the powers, rights and privileges necessary, belonging or usually pertaining to municipal corporations, and all property and rights of property, powers, privileges and franchises derived from or granted by any law now in force with reference to the town of Louisburg or the government of said town, or any law granting franchises or powers of any kind to the corporation styled the commissioners of the town of Louisburg, in addition to the powers conferred on incorporate towns in chapter sixty of The Code of North Carolina, not inconsistent herewith, are hereby invested in the said commissioners of the town of Louisburg, and the same shall be exercised and administered for the government and benefit of the town of Louisburg by the mayor and commissioners thereof, and they shall also be liable in their corporate capacity for all debts, claims, obligations and duties which now exist against the said corporation under whatever name or style. SEC. 2. The corporate limits of the town shall remain as they now exist and shall be identical with the boundaries and limits fixed and determined by section twenty-five of chapter two hundred and forty-two of the laws of North Carolina passed by the general assembly at its session of eighteen hundred and fifty-four and eighteen hundred and fiftyfive entitled an act to provide for the better government of the town of Louisburg in the county of Franklin. SEC. 3. That all municipal bonds already issued by the town of Louisburg or the commissioners thereof, as well as all other valid indebtedness, shall be binding upon the town of Louisburg and Corporate limits. Municipal bonds shall be binding. |