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Charter not forfeited by failure

to hold meetings.

Gates.

Proviso.
Tolls.

Proviso.

Books of subscription.

tions, subject to the approval of the stockholders at their ensuing annual meeting: Provided further, that a failure to hold the annual meeting and elect the officers provided for by this act shall not work a forfeiture of the chartered rights of said company.

SEC. 5. That when said road is open for public travel between the points herein before specified, the company shall have power to erect gates on any part of the new portion of said road, the said gates to be at least ten miles apart: Provided, there shall be not more than two gates between Morganton and Linville, and collect such tolls as they may fix for passage over said road not to exceed the following: For hogs, cattle, sheep or goats, five cents each; loose horses, mules and asses ten cents each; single horsemen, fifteen cents; vehicles pulled by one animal, twenty cents; by two animals, thirty cents, and for each additional animal ten cents: Provided, that the said company and their associates, successors and assigns shall keep said road in good condition.

SEC. 6. 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 at such times and places and under the direction of such persons as the said corporators may direct; and the said company Sale, &c., of road. shall have power, as soon as said road is completed, to sell, lease or mortgage its property, road and franchise on such terms and conditions and for such purposes and uses and for such time as the said company may deem desirable.

Condemnation of

land.

SEC. 7. Whenever any lands may be required for a right-of-way, not to exceed forty feet in width, and an agreement cannot be made with the owner or owners of such land, the company or such owner may, in writing, apply to the clerk of the superior court of the county in which said land lies to cause the damages of such owners, if any, to be assessed by three disinterested referees, one to be chosen by the owner, one by the said corporation and one by the said clerk of the court; but should either party or both fail to appoint after five days notice of such 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 justice of the peace to act impartially, lay off a right-of-way forty feet in width, or such less width as the said company may elect, and assess the damages, if any, to the owners of the land, taking into consideration any benefits or advantages to accrue to such owner from the making of such road, and shall 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, returnable in sixty days, if the amount is not paid by the said company in ten days after notice of such return; but if either party is dissatisfied and shall within ten days

after such award notify the clerk of an intention to appeal to the Right of appeal. next term of the superior court of said county, such party shall have tea days after such notice to give an appeal bond or undertaking with two sufficient sureties in such sum as the clerk shall fix to cover damages and costs, and both parties may appeal from the same award, and the trial in the superior court shall be de novo, and the facts shall, if either party so request, be submitted to a jury. So soon, however, as an award is returned by such referee as aforesaid, whether there is an appeal or not, the company may enter in upon the lands referred to in such award and use them for making such turnpike road or erecting a toll-house, as the case may be.

paying toll.

SEC. 8. That any person who shall use any part of said road without Penalty for using paying the fare or toll due and payable for such use, and demanded road without by any officer or agent of said company, shall be deemed guilty of a misdemeanor, and on conviction before any justice of the peace in either of the counties of Mitchell or Burke shall pay a fine of not less than two dollars nor more than five dollars, and upon failure to pay such fine, together with the costs of the proceedings against him, shall be imprisoned by the justice of the peace before whom the case shall have been tried not less than five days nor more, than twenty days. All such fines as may be collected by virtue of the provisions of this Fines payable to section shall be paid over to the school fund of the county in which county school collected.

fund.

SEC. 9. That any person who shall in any manner injure or obstruct Injury, &c., to

the road of said company or any bridge, gate or other property con- demeanor. road, &c., a mis

nected therewith, besides being liable for damages in a civil action, shall be deemed guilty of a misdemeanor, and on conviction thereof before any court having jurisdiction shall be fined or imprisoned, or both, at the discretion of the court.

SEC 10. That the stockholders shall not be individually liable for Non-liability of the debts of the corporation.

SEC. 11. That this act shall be in force from and after its ratification.
Ratified the 4th day of March, A. D. 1893.

stockholders for corporate debts.

CHAPTER 229.

An act to amend the charter of the Glendon and Gulf Mining and Manufacturing Company.

The General Assembly of North Carolina do enact:

SECTION 1. That the act to incorporate the Glendon and Gulf Mining and Manufacturing Company, private laws of one thousand eight hundred and ninety-one, chapter one hundred and six, be amended by adding thereto an additional section as follows: "Sec

Chapter 106, private laws 1891, amended.

Additional corporate powers.

tion 2. That the said company is hereby empowered to lease, sell or
convey its railroad, right-of-way and franchise to construct and oper-
ate a railroad to the Durham and Charlotte Railroad Company, retain-
ing and reserving all other property, rights and franchises which it
holds and possesses under and by virtue of its charter."

SEC. 2. That this act shall be in force from and after its ratification.
Ratified the 4th day of March, A. D. 1893.

Incorporators.

Corporate name.
Corporate pow-

ers.

Capital stock.

Subscriptions, how payable.

Books of subscription.

CHAPTER 230.

An act to incorporate the Cape Fear and Raleigh Railroad Company.

The General Assembly of North Carolina do enact:

SECTION 1. That E. B. Barbee, B. K. Partin, J. L. Johnson, B. S. Jerman, J. A. Mills, James A. Johnson, J. D. Ballentine, Joseph G. Brown and A. A. Thompson, their successors, associates and assigns, are hereby created and constituted a body corporate and politic under the name of "The Cape Fear and Raleigh Railroad Company," and under such name to sue and be sued, and plead and be impleaded in any and every court in the state of North Carolina; that the said company may have and use a corporate seal and shall be capable of acquiring by purchase, gift, devise, lease, or otherwise, estate, real, personal or mixed, and of leasing or selling the same as the interest of the company may require; and may make such by-laws for the government of the company as may be deemed proper.

SEC. 2. That the capital stock of the said company shall be ten thousand dollars, with the power to increase the same to any sum not exceeding one million of dollars, in shares of one hundred dollars each; that it shall be lawful for subscriptions to be made payable in money, land, material, labor, stocks, bonds or other securities as may be agreed upon between the company and the subscriber.

SEC. 3. That books of subscription to the capital stock of the said company shall be opened by the corporators, or a majority of them, acting in person or by proxy, at such times and places and under When authorized such rules and regulations as they may prescribe; that as soon as five to begin work, &c. thousand dollars shall have been bona fide subscribed the said corporation shall be entitled to commence operations and exercise all the rights, powers, privileges and franchises granted by this charter; and the said corporators, acting in person or by proxy, shall have power to call a meeting of the stockholders for the purpose of organization, giving ten days notice thereof by publication in some newspaper published in Raleigh, North Carolina; that at such meeting, and at

Organization.

directors.

each annual meeting thereafter, a president and six directors shall President and be elected by the stockholders; that said directors so elected shall hold office for one year and until their successors shall be elected; that the said board of directors may appoint a vice-president, treas- Other officers. urer and such other officers and agents as it may deem proper and

fix their duties, and may fill any vacancy occurring in the office of Vacancies. president or director until the next meeting of the stockholders.

SEC. 4. That after the company shall be organized the president Books of subscription. and board of directors from time to time [shall] open a book or books of subscription to the capital stock of the company at such times and places and under such rules and regulations as they may prescribe: Provided, that no subscription shall be received beyond the limit that Proviso. may have been fixed by a majority of the stockholders according to

holders.

the provisions of this act. That no stockholder shall be responsible Liability of stockfor more than the amount of his unpaid subscription.

SEC. 5. That said company shall have the power to construct, main- Authorized to build railroad. tain and operate a line of railway with one or more tracks from some point on the Raleigh and Augusta Air-Line Railroad in the city of Termini. Raleigh, or from some point between the city of Raleigh and the town of Cary, North Carolina, or from some point on the North Carolina Railroad between the city of Raleigh and the town of Clayton, Johnston county, to some point on the Cape Fear river between Fayetteville and Northington's ferry, as shall be determined by the presi

dent and directors, and with the power to build branch roads not to Branch roads. exceed twenty-five miles in length each. That this company is Authorized to authorized and empowered to commence work on any part of its build part of road. line, and upon the completion of any portion or section thereof to maintain and operate the same with all the rights and powers hereby

conferred upon this company.

SEC. 6. That in order to carry into effect the purposes of this act Survey of routes. the company may survey one or more routes for such road as may be

deemed practicable, and shall have the power and authority to appro- Appropriation of priate and occupy as much land as may be necessary for the construc- laud, &c. tion of said railway and its branches of the width of one hundred feet, and as much additional land as may be necessary for the stationhouses, depots, warehouses, and all other purposes necessary and convenient for the construction, maintenance and operation of said railway and its branches.

land.

SEC. 7. That when any lands or rights-of-way may be required by Condemnation of said company for the purpose of constructing their road, and for want of agreement as to the value thereof, or for any other cause, the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by five commissioners, or a majority of them, to be appointed by any court of record having common law jurisdiction in the county where some part of the land or right-ofway is situated. In making the said valuation the said commissioners

Proviso.

shall take into consideration the loss or damage which may accrue to the owner or owners in consequence of the land or right-of-way Right of appeal. being surrendered: Provided, nevertheless, that if any person or persons over whose land the road may pass should be dissatisfied with the valuation of said commissioners, then and in that case the person or persons so dissatisfied shall have an appeal to the superior court in the county where the said valuation has been made, or in either county in which the land lies, where it may be in more than one county, under the same rules, regulations and restrictions as in appeals from judgments of justices of the peace. The proceedings of the said commissioners, accompanied with a full description of the said land or right-of-way, shall be returned under the hands and seals of a majority of the commissioners to the court from which the commission issued, there to remain a matter of record. And the lands or right-of-way so valued by the said commissioners shall vest in the said company so long as the same shall be used for the purposes of the said railroad, so soon as the valuation may be paid, or, when refused, may have been tendered: Provided, that on 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 previous notice has been given by the applicant to the owner or owners of land so proposed to be condemned; or if the owner or owners be infants or non compos mentis, then to the guardian of such owner or owners, if such guardian can be found within the county, or if he cannot be so found, then such appointment shall not be made unless notice of the application shall have been published at least one month next preceding in some newspaper printed as convenient as may be to the court-house of the county, and shall have been posted at the door of the court-house on the first day at least of the term of said court to which the application is made: Provided further, that the valuation provided for in this section shall be on oath by the commissioners aforesaid, which oath any justice of the peace or clerk of the court of the county in which the land or a part of it lies is hereby authorized to administer: Provided further, that the right of condemnation herein granted shall not authorize the said company to invade the dwelling-house, yard or burial-ground of any individual without his consent: Provided further, that for the purpose of the condemnation of land for this railroad sections one thousand nine hundred and forty-four, one thousand nine hundred and forty-five, one thousand nine hundred and forty-six, and one thousand nine hundred and fifty-two, chapter forty-nine of The Code, are repealed.

Proviso.

Proviso.

Proviso.

Width of right-ofway, &c.

SEC. 8. That the right of said company to condemn lands in the manner described in the seventh section of this act shall extend to the condemning of fifty feet on each side of the track of the main road and the branches thereof, measuring from the center of the same, unless in case of deep cuts and fillings, where said company shall have

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