Empowered to generate and sell elec tricity.

Empowered to construct and operate electric plants.

May manufacture and deal in machinery, etc., in connection with plant.

To purchase and hold water rights.

Collection of charges.

May maintain and operate railroads.

May hold and operate lines of wires.

Sec. 5. That the said company shall have power, in addition to the powers herein before enumerated, to carry on and conduct the business of generating, making, transmitting, furnishing, and selling electricity for the purposes of lighting, heat, and power, and to furnish and sell and contract for the furnishing and sale to persons, corporations, towns and cities of electricity for illuminating purposes, or as motive power for running and propelling engines, cars, machinery and apparatus, and also for al. other uses and purposes for which electricity is now or may be hereafter used; and to construct, maintain and operate a plant or plants for manufacturing, generating and transmitting electricity; to deal in, generate, furnish, supply, and sell electricity. gas and all other kinds of power, forces, fluids, currents, matter and materials used or to be used for the purposes of illumination, heat and power; to carry on any and all business in anywise appertaining to or connected with the manufacture and generating. distributing and furnishing of electricity for light, heat, and power purposes, including the transaction of any and all business in which electricity is now or hereafter may be utilized, and all matters incidental or necessary to the distribution of electric light, heat and power; to manufacture and repair, sell and deal in any and all necessary appliances and machinery used in or which may be required or deemed advisable for or in connection with the utilization of electricity or in anywise appertaining thereto or connected therewith; to purchase, acquire, own, use, lease, let and furnish any and all kinds of electric machinery, apparatus and appliances; to purchase, acquire, own, hold, improve, let, lease, operate and maintain water rights and privileges and water powers; to supply water to persons, corporations, factories, towns and cities for domestic purposes, and for use as power, and for manufacturing purposes, and to charge, receive and collect such charges and rates therefor as may be deemed advisable or expedient, to construct, acquire, build and operate, maintain and lease in the state of North Carolina canals, ditches and flumes and pipe-lines for the conducting of water; to maintain and operate railroads, street railways, water lines and tramways, carry freight and passengers thereon, and to charge, collect and receive tolls or taxes for the same; to construct, build, purchase, buy, own, hold, lease, maintain and operate telegraph and telephone lines wherever it may be deemed expedient, and to charge, receive and collect such charges and rates for the use of its telegraph and telephone lines and for the transmission of messages thereon as may be deemed advisable or expedient; to construct, acquire, own, hold, lease, maintain, and operate lines of wires, underground conduits, subways, and other convenient conduits or appliances for the transmission of electricity and other energies, fluids, forces and currents as may be deemed a

visable or expedient; to lease any part or all of its railroads, May lease property street railroads, motor lines and tramways to any other company or companies incorporated for the purpose of maintaining and operating a railroad, street railroad, motor line or tramway, and to lease or operate, maintain and operate any part or all of any other railroad constructed by any other company upon such terms and conditions as may be agreed upon between said companies respectively; to apply to the proper authority of any in- Shall apply to proper authorities for corporated city or town, or of the county in the state of North rights desired. Carolina, in which the railways, street railways, motor lines, tramways, telegraph lines, telephone lines, electric light and power lines, plants, underground conduits, subways, wires, poles and appliances of this corporation may extend, or be designed or intended now or hereafter to extend, for a grant of any rights, powers, privileges and franchises for the maintenance or operation thereof; to accept, receive, own, hold, lease all and singular the same; to acquire by contract, purchase, lease, or otherwise, and to accept, own and hold any rights, privileges or franchises heretofore granted to any person, firm, company or corporation or which may be hereafter so granted by the proper authorities of any such incorporated city or town, or of any county in the state of North Carolina; to purchase, acquire, lease, rent, own, May acquire and hold and improve real property in such quantities as may be hold real property. deemed expedient; to build dwelling houses and to build and operate stores, mills, schools, factories, warehouses, and any and all other buildings or structures desirable or convenient; to sell and dispose of the same on such terms and conditions and payments, including installment, and installment plans, as may be desirable or convenient; to lay out and plot any real property be- May lay out and plat real property. longing to or acquired by the corporation into lots, blocks, squares, factory sites, and other convenient forms; and to lay out, plot and dedicate to public use, or otherwise, streets, avenues, alleys and parks; to purchase, possess, own, hold, rent, lease and improve all and any property, real, personal, and mixed, necessary, uesirable or convenient for the use of the corporation, or the transaction of its business or any part thereof; and to do and perform all and other matters and things necessary, proper or convenient for its accomplishment of the objects (and any thereof) above specified.

Sec. 6. It shall be lawful for the president and directors, their Officers and agents may enter upon agents, superintendents, engineers, or others in their employ, to certain property. enter at all times upon all lands or water for the purpose of exploring or surveying the works of said company and locating the same, doing no unnecessary damage to private property; and when the location of said works shall have been determined upon and a survey of the same deposited in the office of the secretary of state, then it shall be lawful for the said company by the Priv 63

officers, agents, engineers, superintendents, contractors and others in its employ to enter upon, take possession of, have, hold, use and locate any such lands, an to erect all the structures necessary and suitable for the completion or repairing of said works, subject to such compensation as is hereafter provided: Provided, always, that payment or tender of payment of all demands for the occupancy of all lands upon which the said works may be laid out, be made before the said company shall enter upon or break ground upon the premises, except for surveying or locating said works, unless the consent of the owners be first had and obtained; and Provided further, that such locating of its works and filing of its surveys in the office of the secretary of state shall not preclude said company from making from time to time other location of works and filing surveys of the same, as its business or development requires.

Sec. 7. When any land and right of way may be required by said company for the purpose of constructing and operating its works, and for want of agreement as to the value thereof or for any other cause, the same cannot be purchased from the owner, the same may be taken at a valuation of five commissioners or a majority of them to be appointed in term time on petition of the judge of the superior court of the county where some part of the land is situated. In making the said valuation, the said commissioners shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being surrendered: Provided, nevertheless, that if any person or persons on whose land the works may be located or if the said company shall be dissatisfied with the valuation of the commissioners, then in that case the party so dissatisfied may file exceptions to the valuation in the pending proceedings, subject to the same rules, regulations and restrictions as in other like cases. The proceedings of the said commissioners, with a full description of the land, shall be returned under the hands and seals of a majority of them, to the county from which the commission issued thereafter [on] confirmation by the judge to remain a matter of record, and also to be registered in the office of the register of deeds of each county wherein the land condemned lies, and the land so valued shall vest in the said company as soon as the valuation shall have been paid or tendered: Provided, that upon application for the appointment of commissioners under this section it shall be made to appear to the satisfaction of the court that at least ten days' notice had been previously given of the application to the owner or owners of the land so proposed to be condemned, or if the owner or owners be under disability, then to the guardian, if any, of such owner or owners, as well as to such owner or owners, or if the owner or owners who are not under disability, or the guardian of such owners as are under disability,

cannot be found within the county, or the owner or owners is or are not known, then that such notice of such application had been published once a week for at least four weeks in some newspaper printed in the vicinity of the court-house of the county in which the application is made; and Provided further, that the valuation provided for in this section shall be made on oath by the commissioners aforesaid, which oath may be administered by any clerk of the court, justice of the peace, or other person authorized by law to administer oaths: Provided further, that the right of condemnation herein granted shall not authorize said company to remove or invade the burial ground of any individual without his or her consent.

to condemn land.

Sec. 8. The right of the said company to condemn land in the Extension of right manner aforesaid shall extend to the condemning of strips of land not exceeding twenty-five feet in width with necessary additional width in deep cuts and fillings required by the company for its roadways, power, transmission lines and all other lands necessary for the construction and operation of its own works, as well as the necessary water, including in the land and water thus described water powers, water privileges and land followed or submerged with water accumulated by the company's dams.

Sec. 9. A part of the works of said company may be con- Works may be partially constructstructed without completing its entire works, and the said works ed without completing the whole. may be onerated and electric current transmitted and delivered, and charges collected therefor, notwithstanding the entire works of the company have not been completed.

Sec. 10. Every stockholder in the company shall at all meetings Representation of stockholders in or elections be entitled to one vote for every share of stock regis- meetings. tered in his name. The stockholders of the said company may enact such by-laws, rules and regulations for the management of the affairs of the company as they may deem proper or expedient. Meetings of the stockholders and directors may be held in the city of Greensboro, where the principal office of the company shall be, or elsewhere in the state of North Carolina, at suen times and places as the stockholders may in the by-laws or otherwise prescribe,

Sec. 11. The board of directors shall be composed of stockhold- Board of directors. ers of said company, and shall consist of such members as the stockholders shall prescribe from time to time by the by-laws, and shall be elected at the stockholders' annual meeting, to be Annual meeting. held on such days as the by-laws of the company may direct, and shall continue in office for the term of one year from and after Term of office. the date of their election, and until their successors are elected and accept the duties of office; and they shall choose one of their number president, and in case of death, resignation or incapac- ring. ity of any member of the board of directors during his term of

Vacancies occur

This act shall be deemed a public act.

office, the said board shall choose his successor for the unexpired term.

Sec. 12. That this act shall be deemed and taken to be a public act and a copy of any by-law or regulation of the said company, under its corporate seal purporting to be signed by the president, shall be received as prima facie evidence for and against the said company in any judicial proceedings.

Sec. 13. This act shall be in force from and after its ratification.

Ratified the 7th day of March, A. D. 1899.

Preamble.

Empowered to elect town officers.

CHAPTER 361.

An act to allow the town of Castalia to elect its officers under its present charter.

Whereas, by chapter sixty-four of the public laws of eighteen hundred and seventy-two anu eighteen hundred and seventythree, the town of Castalia in the county of Nash was incorporated and allowed to elect from year to year the officers therein named. And whereas, there was a failure to elect said officers in the year eighteen hundred and ninety-seven and eighteen hundred and ninety-eight, and there is doubt in minds of its inhabitants whether or not they did not lose said right to elect their officers therein named,

The General Assembly of North Carolina do enact:

Section 1. That the town of Castalia, in the county of Nash, shall have and is hereby given the right to elect three commissioners and a mayor and a constable, as set out and allowed in said chapter sixty-four, under the general laws of this state governing the election of officers of incorporated towns, at an election to be held on first Monday in May, eighteen hundred and ninety-nine.

Sec. 2. That this act shall be in full force from and after its ratification.

Ratified the 7th day of March, A. D. 1899.

Corporators.

CHAPTER 362.

An act to incorporate the Atlantic and Western Railroad Company.

The General Assembly of North Carolina do enact:

Section 1. That Julian S. Carr, of Durham county; W. J. Edwards and N. J. Adams, of Moore county; E. F. Young, of Har