How collected. Charter re-enacted. to the mayor of such town, to be used in repairing the public roads and streets, twenty-five cents per day for each hog so running at large, and fifty cents for each head of cattle; and such penalty or forfeiture may be collected by an action before a justice of the peace in said county. Section 4b. That chapter twenty-six of the private laws of eighteen hundred and eighty-seven, as herein amended, is re-enacted and conConflicting laws tinued in force to all intents and purposes, and all laws in conflict repealed. with such chapter so amended are hereby repealed. SEC. 3. That this act shall be in full force from and after its passage. Jamesville and R. R. Co. CHAPTER 163. An act to amend chapter thirty-seven, acts of eighteen hundred and sixty-eight and eighteen hundred and sixty-nine, concerning the Jamesville and Washington Railroad and Lumber Company, now the Jamesville and Washington Railroad Company. The General Assembly of North Carolina do enact: SECTION 1. That the Jamesville and Washington Railroad ComR. Co. authorized pany is hereby authorized and empowered to sell and convey to the to sell to Plymouth, Washing- Plymouth, Washington and Kinston Railroad Company all of its ton and Kinston terminals and property in the town of Washington, North Carolina, including its track, road-bed and rights-of-way and necessary franchises, extending from Pamlico river northwardly for a distance of seven miles in the direction of Jamesville to a point near Cherry's mill, where the proposed route of the Plymouth, Washington and Kinston Railroad Company would intersect the line of the Jamesville and Washington Railroad Company, and the said Plymouth, Washington and Kinston Railroad Company is hereby duly empowered to purchase and hold the same. Authorized to take up part of track, &c. SEC. 2. That the Jamesville and Washington Railroad Company is hereby empowered to take up its track and abandon that part of its road between said Cherry's mill or the point of its intersection aforesaid and Dymond City, and it is further authorized to cease to act as a common carrier between Cherry's Mill and Jamesville or between Dymond City and Jamesville, and to operate the same as a private corporation or a lumber road, or to sell and dispose of the entire Sale of remainder remainder of its real and personal property, road-bed, track and of property. rights-of-way to any individual or corporation, and the purchaser Authorized to cease to act as common carrier as to part of road, &c. chaser. shall acquire title thereto and may operate the same for private pur- Rights of purposes and not as a common carrier: Provided, that nothing herein Proviso. shall be construed as compelling the Jamesville and Washington Railroad Company to cease to act as a common carrier or otherwise adopt the provisions of this act unless a majority of the stockholders in regular or called meeting shall so determine: And provided further, Proviso. that nothing herein shall affect any existing contracts or invalidate any lien upon the property of the Jamesville and Washington Rail- SEC. 3. That this act shall be in force from and after its ratification. CHAPTER 164. An act to incorporate Amherst Academy in Burke county, North Carolina. The General Assembly of North Carolina do enact: SECTION 1. That E. H. Tilley, J. H. Hoffman, J. S. Tilley, W. H. Incorporators. Benfield, W. A. Tilley, J. D. Moore and A. G. Corpening, Trustees of Amherst Academy in Burke county, North Carolina, and their suc cessors in office, are hereby created and declared a body politic and corporate under the name and style of the Amherst Academy, in said Corporate name. name to sue and be sued, plead and be impleaded, to buy, sell, lease Corporate powand hold real and personal estate for educational purposes, and to have ers. all other rights and privileges incident to such corporations. SEC. 2. That the appointment of said trustees is hereby duly ratified Trustees. and confirmed, and the said trustees shall hold their offices during life, and in case of vacancy by the death or resignation of any of said trustees or otherwise the remaining trustees shall by a vote of their body elect some suitable person to fill such vacancy. SEC. 3. That it shall be unlawful for any person to make, sell or Unlawful to make or sell liquor retail any spirituous or malt liquors or other intoxicating beverages within two miles. within two miles of said academy. That any person so offending Misdemeanor. shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. SEC. 4. That this act shall be in force from and after its ratification. Ratified the 2d day of March, A. D. 1893. Chapter 65, pri- CHAPTER 165. An act to amend chapter sixty-five of the private laws of eighteen hundred and eighty-five. The General Assembly of North Carolina do enact : SECTION 1. Strike out the word "five" in line one on page nine hundred and nineteen of said laws and substitute the words "not less than twelve." SEC. 2. That this act shall be in force from and after its ratification. Incorporators. Corporate name. By-laws. Proviso. Corporate pow ers. CHAPTER 166. An act to incorporate the Newbern Steam Ferry Company. The General Assembly of North Carolina do enact: SECTION 1. That Hill Humphrey, James Redmond, J. C. Whitly, Ferdinand Ulrich, J. S. Basnight, J. L. Halein, W. T. Caho, J. W. Stewart, Meyer Holme, J. H. Crabtree and E. S. Street, and such other persons as may be associated with them, and their successors, be and they are hereby created a body corporate by the name and style of "The Newbern Steam Ferry Company," with a capital of five thousand dollars, with the privilege of increasing the same to twenty-five thousand dollars whenever the directors of said company shall so desire and deem it expedient or necessary. SEC. 2. That said company shall have the power to make such rules, regulations and by-laws as they shall deem necessary for the govern: ment and transaction of the business of said company: Provided, the same shall not conflict with the constitution and laws of this state and of the United States, and may amend or repeal the same or any part thereof at pleasure; and in its corporate name shall have, own, possess and use a corporate seal, and shall be capable of suing and being sued in any of the courts of the state or United States; shall have power to buy, own and possess real estate; buy, own and possess steamboats, tug-boats, barges, flatboats, sail-boats and any and all kinds of personal property necessary for the transaction of the business of said company; and may construct such wharves, piers, bridgeways and buildings as they may deem necessary for the transacting the business of said company; and to build and construct roads leading to and from the landings or any of them of the said company, and to connect the same with the public roads of the state or county of Craven or any of them, as they may deem expedient and necessary for the carrying out the aims and objects of the company and for the convenience of the same and the traveling public and patrons of said ferry company. ers. SEC. 3. That said company shall have the power to lease or pur- Corporate powchase one or more suitable places for landings in the city of Newbern and one or more suitable places for landings on the north side of Neuse river, and one or more suitable places for landings on the south side of Trent river, and may erect such wharves, piers, bridgeways and buildings as they may deem expedient for the transaction of their business. SEC. 4. That the said company shall have the right and authority Corporate powers as to transporto transport passengers, live stock, vehicles, freight and produce from tation. any of their said landings to another, and shall have the power and authority to establish reasonable rates of freight and tolls or charges as their compensation therefor, and to make such rules and regulations and by-laws for the enforcing the collection of the said charges as they may deem necessary and expedient, and such rules and regulations for the transporting passengers, live stock, freights, etc., as they may think necessary; and they shall have the power and authority to contract with the board of commissioners of Craven county or any other body, politic or corporate, person or persons for the transporting of passengers, live stock, freight, vehicles, produce, etc., or either, free of charge to such passenger or owner of such live stock, freight, vehicles, produce or either upon such terms and such charges as may be agreed upon by the contracting parties. SEC. 5. That the capital stock of the said company shall be divided Shares of stock. in shares of the face or par value of twenty-five dollars each, and they shall be numbered from one to one thousand respectively as the same shall be issued; and the said company shall have the power to issue bonds of such denomination as the board of directors of the Issuance of hereby authorized; and they may receive by donation or otherwise Donations. their business. SEC. 6. That the principal place of business of said company shall Place of business. be in the city of New Berne, and the business of the company shall be conducted and carried on by a board of directors composed of such Directors. number as the stockholders may designate in their by-laws; one of the directors shall be styled the president of said company who shall President. be the principal head and general business manager of said company. SEC. 7. That whenever any land or right-of-way shall be needed Condemnation of by said company for the purpose of erecting wharves, landings or land. Proviso. roads, and the same cannot be purchased or the parties cannot agree upon the terms that the said lands may be used or occupied by said company or the roads built or made, the same may be condemned and taken at a value to be assessed by three freeholders to be selected by some justice of the peace residing in the county where the land lies on the application of the president of said company. The report of the said three commissioners condemning and assessing the valuation of said lands shall be made in writing and signed by any two of them and filed in the office of the clerk of the superior court of Craven county, and shall be made under oath and may be proven and recorded in the same manner as deeds conveying real estate, and recorded in the office of the register of deeds of the county in which such lands lie; and the said report of commissioners shall be as effectual in passing title to the said land as if the same had been regularly conveyed by deed: Provided, that the said company shall have paid the sum assessed as the valuation and damages for said lands so condemned to the owner or owners thereof: And provided Right of appeal. further, that either party may appeal to the superior court of the county in which the lands lie, but no appeal shall hinder or delay the Effect of appeal. said company from proceeding with their work; and in case the owner of the lands will not accept the price assessed by the commissioners of condemnation and he takes an appeal from their report, or in case the company takes an appeal, the said company shall not proceed with their work until they shall have made a deposit in some bank in the city of New Berne of the amount assessed by the commissioners as the valuation of the lands condemned, the said deposit to be subject to the orders and judgment of the said superior court: And provided further, all appeals shall be taken within ten days from the filing of the report in the office of the clerk of the superior court of Craven county, and for the purpose of giving notice of the time when said report will be filed the commissioners of condemnation, or any two of them, shall give a notice in writing to the owners of the land and to the company stating the day of the month and year when said report will be filed in the office of the clerk of the superior court of Craven county, and the ten days for appeal shall begin to run from the day of delivery of said notice: And provided further, that no appeal shall be considered as taken unless a good and sufficient bond shall be filed with the clerk of the said court to which the appeal lies sufficient to cover the costs of the action or a deposit of a sufficient sum with said clerk to cover the costs: And provided further, that the right of condemnation shall not include any burial-ground, nor more than five acres for a landing, nor more than sixty feet in width for a road. Proviso. Proviso. Proviso. Organization. SEC. 8. That for the purpose of organizing this company there shall be a meeting of the incorporators in New Berne at such time as any two of them may designate by giving notice in writing to the others, |