SEC. 2. That the town commissioners for the town of Huntersville Salary of mayor. shall have the right to allow and pay the mayor of said town a salary of not more than fifty dollars per annum. SEC. 3. That all laws in conflict with this act are hereby repealed. CHAPTER 321. An act to incorporate the town of Everetts, Martin county, North Carolina. The General Assembly of North Carolina do enact : SECTION 1. That the town of Everetts in Martin county be and the Incorporated. same is hereby incorporated by the name and style of "Everetts," Corporate name and shall be subjected to all the provisions of law now existing in reference to incorporated towns. SEC. 2. That the limits of said town shall be as follows: Beginning Corporate limits. at the first culvert on Albemarle and Raleigh Railroad east of Everetts, thence north three hundred and forty yards to a stake, a corner; then a western course parallel with said railroad to Martin County Lumber Company's railroad; then across said railroad twenty feet; then a southern course parallel with said company's railroad a hundred and sixty yards, a corner; thence west parallel with Albemarle and Raleigh Railroad one hundred and seventy yards to a stake, a corner; thence south one hundred and eighty yards to Albemarle and Raleigh Railroad; thence south across said railroad twenty yards to a stake, a corner; thence east parallel with said railroad.... yards to G. A. Bailey's lot, a corner; thence south four hundred and fifty yards to a stake, a corner; thence east parallel with Albemarle and Raleigh Railroad eleven hundred yards to a stake, a corner; thence north four hundred and fifty yards to the beginning. SEC. 3. That the officers of said town shall consist of a mayor, three Officers. commissioners and one constable and such other police officers as the commissioners may provide for by an ordinance for that purpose, and the commissioners shall have power to elect or appoint a secretary and treasurer. SEC. 4. That there shall be an election held for the officers men- Election. tioned in this act on the first Monday in May, one thousand eight hundred and ninety-three, and every succeeding year thereafter, under the same restrictions that county and state elections are held, and all Electors. Temporary officers. Chapter 70, pri- town of Everetts) male citizens residing within said corporate limits who have been in the state twelve months and ninety days within the corporate limits previous to the day of the election shall be entitled to vote at said election. SEC. 5. That until their successors are elected as provided for in this act the following-named persons shall fill said offices: Mayor, S. F. Everetts; commissioners-L. B. Winn, W. H. Stewart and T. H. Bailey; constable, J. E. Rogers. SEC. 6. That chapter seventy private laws of eighteen hundred and ninety-one, be and the same is hereby repealed. SEC. 7. That this act shall be in force from and after its ratification. Incorporators. Corporate pow ers. Manufacture ̄and sale of liquors prohibited with In two miles. CHAPTER 322. An act to incorporate Jewel Hill Academy in Madison county. The General Assembly of North Carolina do enact: SECTION 1. That D. P. Miles, A. J. McDevitt, Jacob M. Ramsey, George W. Gahagan, B. F. Gahagan, C. A. Clarke and J. N. Ramsey, and their successors in office, trustees of Jewel Hill Academy, in the county of Madison, are hereby declared duly incorporated as a body politic with all the rights belonging to such corporation by law. SEC. 2. That no liquors, wines or malt liquors shall be manufactured or sold within two miles of said academy in any direction. SEC. 3. That this act shall be in force from and after its ratification. Incorporators. CHAPTER 323. An act to incorporate the Virginia and North Carolina Railroad Company. The General Assembly of North Carolina do enact: SECTION 1. That John L. Roper, Wilson Godfrey, E. C. Vosburg, Howard N. Johnson, J. W. Branning, S. Q. Collins, R. S. Cohn, George W. Roper, and such other persons as may become associated with them as stockholders, and their successors, are hereby constituted a body politic and corporate for the term of ninety years under ence. the name and style of the "Virginia and North Carolina Railroad Com- Corporate existpany," and in that name may sue and be sued, may have and use a Corporate name. common seal, and shall be capable of purchasing and acquiring by Corporate powgift or devise estate, real, personal or mixed, and of holding or leas- ers. ing and selling the same as the interest of the company may require, and may make and exercise all such by-laws and regulations for its government as shall be deemed necessary or expedient for that purpose. ers. SEC. 2. That the said company is authorized to construct, maintain Authorized to build railroad. and operate a railroad of one or more tracks for the transportation of passengers and freight from some point on the Virginia and North Termini. Carolina line in the counties of Currituck or Camden or Gates to some point in the South Carolina and North Carolina line in the counties of Robeson, Columbus or Brunswick by such route as it may select: Provided, said road shall not cross the Chowan river at a point Proviso. below the town of Winton in Hertford county. The said company Corporate powmay operate said railroad by steam or other motive power; and may construct, maintain, and in like manner operate lateral and branch railroads in any direction from the main railroad, not more than thirty miles in length; and may own and operate, in connection with said railroad or any of its branches, steamboats and other means of transportation by water for passengers and freight; and shall have the right to cross any navigable stream subject to the rights of navigation; and shall have the right to cross at grade or over or under, and to unite its railways with any railroad now built or hereafter to be built within the state; and to build the necessary turnouts, sidings, switches and other conveniences in furtherance of the objects of its construction. SEC. 3. The said company shall have the exclusive right to trans- Exclusive rights port passengers and freight over said railroad and its branches and of transportation. collect fares and charges for transporting the same, and to transport all manner of goods as express and collect all charges for the same; and to transport the United States mail and to collect all charges for transporting the same. The said company may purchase or hold stock in any other railroad or navigation company, and may buy or lease the same or may connect with other railroads and contract for the transportation of freight and passengers over their lines, and may use any part of its railroad before the whole may be completed, and may collect for transportation on said part. May purchase stock in other companies, &c. SEC. 4. The capital stock of said company shall be two hundred Capital stock. thousand dollars ($200,000), with power to increase the same to ten thousand dollars ($10,000) per mile of road completed, in shares of one hundred dollars ($100) each, and shall be raised by subscription by individuals, by municipal or other corporations, and the subscriptions Subscriptions, may be paid in money, labor, land, materials, stocks, bonds or other how made. securities, or in any way that may be agreed between the company Organization. May borrow money on mortgage. May lease, consolidate, &c. Condemnation of land. Width of rightof-way. and the subscribers, and the company may receive donations of any kind of property or labor. SEC. 5. That whenever the amount of twenty-five thousand dollars ($25,000) shall have been subscribed to the capital stock the said corporation or a majority of them may, when they deem proper, at any place in or out of the state, call together the subscribers of said shares of stock and complete the organization of said company and elect a board of directors and such other officers in such manner as said stockholders may determine. SEC. 6. The said company shall have power to borrow money upon bonds of the company and to issue and negotiate such bonds in amount not exceeding twelve thousand dollars ($12,000) per mile of road constructed, including equipment, and secure the same by mortgage, deed of trust or other legal assurance upon all its property, franchises or any part thereof. SEC. 7. The said company may lease or assign their franchises or their right of transportation to any other railroad company or companies, or may consolidate its capital stock, estate, real, personal and mixed, franchises and privileges with any other railway company or companies; and the consolidation may be effected by the directors in such manner and on such terms and under such name as the stockholders may determine, and such other companies may consolidate with this company on the same terms. SEC. 8. Whenever any land is required for the construction of this road or any of its branches for right-of-way, warehouses, waterstations, turn-outs, workshops or for other buildings or purposes, and the company and the owners are unable to agree as to the value of the same, the company may enter upon it in the prosecution of its work, and the party may have the value ascertained as follows: By application, in writing, to the superior court clerk of the county where the land lies, who, when said application is made, shall order the sheriff of said county, in writing, to summon three or five disinterested freeholders to meet on the premises in three days, who, after being duly sworn, shall assess the damage to the owner caused by the said railroad, taking into consideration any special benefit or damage to said land. Said referees shall report in writing to the clerk in ten days thereafter, who shall record the same and file all papers in the cause in his office. This proceeding shall generally be conducted as other special proceedings, and either party may appeal to the superior court. Upon the payment of the amount thus assessed to the owner, or its deposit in the said clerk's office, the title to the land described in the report shall vest in said company. The way so condemned may be fifty feet wide on each side of center of roadway if the company desires, and the land for the other purposes may be as much as is necessary therefor. ties and town held. SEC. 9. That upon the presentation of a petition in writing, signed Election in counby at least one-fourth of the freeholders, to the board of commis- ships on question sioners of any county requesting said commissioners to submit to the of subscription. qualified voters of the county or township where said petitioners may reside a proposition to subscribe a definite sum, named in said petition, to the capital stock of said Virginia and North Carolina Railroad Company, the board of commissioners, within thirty days, shall order an election to be held at the various polling places of said county or township, and submit to the qualified voters thereof the question of subscribing to the capital stock of said railroad company the amount specified in said petition; at which election those in favor of said subscription shall vote "For subscription," and those opposed Ballots. thereto shall vote "Against subscription," and the election for this Election, how purpose shall be conducted in the same manner and subject to the same rules and regulations as are provided for the election of county officers by the general election laws of the state of North Carolina. SEC. 10. That if a majority of the qualified voters vote for subscrip- Subscription to tion, to provide for the payment of said subscriptions the board of commissioners of any county voting said subscription or wherein is jority of qualified located any township voting for subscription shall issue coupon bonds to the amount of subscription so authorized, and the bonds shall upon their face indicate on account of what county or township they are issued, and said bonds shall be in denominations of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) each, and shall run for twenty years and bear interest at the rate of six per centum (6) per annum, payable semi-annually at some suit able depository designated by the board of commissioners issuing said bonds. be made in bonds on vote of ma voters. SEC. 11. That the county authorities legally empowered to levy special tax to taxes in any county voting for said subscription, or in which there is pay interest. a township voting for subscription, for the payment of which bonds have been issued as provided for in this act shall, in addition to the other taxes levied upon such county or township in whose behalf said bonds were issued, annually compute and levy at the time of Special tax for sinking fund, levying other taxes a sufficient tax upon the property and polls of said county or township to regularly and promptly pay the interest on the bonds of said county or township issued in behalf of said subscription, and at the same time said authority shall compute and levy a tax on the property and polls of said county or township equal to one-twentieth of said bonds for a sinking fund to provide for the retiring of said bonds at maturity, and the taxes levied as above shall be annually collected as other taxes are collected, and paid over by Collection. bonds may designate, which officer shall give a good and sufficient |