The Greensborough patriot [March 20, 1862]

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VOL. XXIII.
PUBLISHED WEEKLY, UY
3, SHERWOOD,
ED1T0B ASD PROPRIETOR.
TERMS. 82.00 A yilB IN ADVANCE
Bates of AilveiUslnK
tare,
rsry
GREENSBOROUGH, N. C, THURSDAY, MARCH 20, 1862. NO. 1,190. I
HI
i„r tJie fir*t week, and
Twelve
T^::rkl!:^nSU.ad.io
ling matter as foDews.
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IK
ORDINANCES
PASSED 11*
M»i«. ( onvenlion al H« Adjourn-ed
M-MKIOU.
No. 1.
..... ••■ † † i '
of the
Convention
said
10
ythe I'elegates
• N„rth Carolina,
j,anditi8berebyorll«D6dbythe
Phatfortbe oner-oeesaW
to-day,
acisherebyauthor-er
out such portions ofthe mill-
,; ..,,ary to repel the
- S^nd passed on th. 21st
' . mary, 1862.
i No. 2.
{ , and , ■ rfeet anorduwpaii-
. .,.„._. ,.,. Convention J.juUUd -An
j ,.i, f,„ <>u ,«u.»:lof U^eyjor the
-......,/far the , 3tf of frca'ury
,jlh. .'«:.<■ Ittbt and
■ Military r ■> /-.mployti
t,ent War and/or Xktr purpo-
Be it further ordained by the Dele-
Fthe People ol North Carolina m
mention aase-nbled, and .ttabereby or-
, the authority of the same, lb at
iuch ol the ordinance passed at the last
Convention, entitled "An
that purpose in the County of Chatham;
therefore.
1 Be it ordained by the Delegates of tiie
neoiilo of North Carolina, in Convention
assembled, and it ie hereby ordained by
the authority of the same, I hat the 1 resi-dent
and operatives of said comp-ny, to tbe
number of six, be, and thoy are hereby ex-empted
from militia duty, for the spacis of
nix months, exeept in case of invasion, m-
Burrection.or upon a requsition for troops
by tho President of the Confederate
Stated
2. Be it further ordained, That
company may increase its capital stock
an amount not exceeding ten thousand dol-lars.
,
3. Be it further ordained, That the capi-tal
stock of said company be exempted
irom taxation for six months.
Passed and ratified, in open Convention,
tho 3Utb day of January, A. L)., 1W62.
No. 7.
An Ordinance in Addition to cud Amendment ofan Act
ofth, General As tmbly, Ratifiedtkt 101* l>ay of
ftbrwry, 1861, hnltlhd-An Act to Incorporate
the Chatham Railroad Company," and to repeal an
Act Supplemental thereto, Ratfiud the 'IZrd day Of
February, 1881.
I. Bo it further ordained by the people
of North Carolina, in Convention assem-bled,
and it is hereby ordained by the au-thority
of the same, That soction first of an
act of the General Assembly, ratified the
filtconthdayof February, ono thousand
eight hundred and bixty-one, entitled "an
act incorporating the Chatham Railroad
bo amended by inserting after the
Board of Internal Im-
'ssion ol tliis -
. irdinance toprovidefor the raising of mon-
1 for
ose
i >nliiianceiiipi«>vi«».i a
v or the support of Government and
i ,,i Treasury notes for thepnrp<
\ .,;,,.. tin- nnblie debt, and ppuurrcchhaassiing
mpl<
and
■ l paying the public debt,
Applies for the military forces employed
, the present war,
ti„ ,. . M provides for the I reas-iherein
provided for, to bear in-m
date, be rescinded and annul!-
i That this ordinance shall
Hi.'notes issued before tho
rdinance.
■ . ,■ ordained, That the said
• ,. so amended its to provide
lire that the whole of the Treasury
• , to be issued under tho pro-
,| said ordinance, one halt shall be-plli
« denomination of five dollars,
of I ].-nomination often dol-d
the ..thrr fourth of the donomina-wenty
dollars, and in the course of
. ,,:: the said notes,from time to time,
tive proportions shall be obsor-
, as may I
cd and ratified in open Convention,
«3 y I January, 1862.
No. ::.
I j . . ii,i,. /:. GuUcklo uee ten w
. Chat the Secretary be author-
H rVm. 1). Gulick to use, either
of his office, for two month*, the
ol [860, or until they shall
n authorized agent of the
the Confederate States:
ledthesamebe not removed from
• Raleigh.
tied in open Convention
January, A. D., 1862.
No. 4.
■onfirm the Act* andjudi-
• i , ■/.« lately held
, in the count iee of II- *•
V. I Yancey*
I'i. • Superior Courts for tho
Henderson, Buncombe, Madi-y,
at the Fall 'Perms thereof,
stake held at the wrong time;
-. p i as were tilled, judgments
dzances entered intojudg-
.. and various other acts wero
i courts:
-; Boit ordained t>y the Delegetesof the
; .'orlh Carolina in Convention
' embled,and it is hereby ordained by the
y ofthe same, That tho said pleas,
recognizances, indictments,
other judicial proceedings, which
a rendered,(uttered and found at the
I its aforesaid, are hereby
made valid, and inall things ratified and
confirmed
> Be it farther ordained, That tho
v'. arts of Pleas and Quarter Sessions to be
.... : ihc counties of flender-
; n. Buncombe, Madison, and Yancey.and
I Fall Terms, be held at the tol-
-. viz : Henderson ou tho second
after the tourtb Monday in Sep-
Buncombe on the third Monday
fourth Monday in September;
, tho fourth .Monday after tho
. lay in September; Yancey on
iday after the fourth Monday
• - r; and Polk on the twolfth
thi tourth Monday in SeptCm-
B b and i very year. This section |
H r e until tho same may be
j by act of the Legislature or other-
; j w
> " ; Bed in open Convention
the 27th .;. • January, A. D., 1S02.
No. 5.
, the Fourth Section of an
| St ■■† .' A -/'. Carolina
ion, Entitled "An Act
■
l ■† aioed by the Delegates of the
;. 1 •.h t'arolina, in Convention
1. and it is hereby ordained by the
: tj otthe same. That tho fourth s»c-ai
act ol tbe last extra session of tbe
'■ †† . il Assembly of the State of North
1 • "An Act entitled Keven-
I the same is hereby annulled
I ratified in open Convention
:. day of January, A. P., 1862.
No. 0.
■> 1///II',;/ and Munufac-v
. . interior ofthie 8tvte.
Whereas, It is of great importance to
manufacture Salt in tho interior of this
Sta' whereas, a company has been
incorporated under the name and style of
•The Chatham Sail Mining and Manufac-turing
Company," which is operating for
Co.,' -
words, "from tho Coalfields, m tho county
of Chatham, through said county," the
words connect with tho North Carolina
liailroad al, so to make the section road,
"toconnect with the North Carolina Bail-road
at Raleigh, or some point west of
Baleigh not exceeding twelve miles."
2. 13c it further ordained, That the pro-viso
in section four of said act of tho Gene-ral
Assembly bo stricken out.
3. Be it further ordained, That an act
of the General Assembly, ratified on the
twenty-third day of February, one thous-and
eight hundred and sixty-one entitled
"an act supplemental to an act passed at
the present session ofthe General .Assem-bly,
entitled an act to incorporate the
Chatham Railroad Company, be. and the
same is hereby repealed and abrogated.
4. Be it further ordained, That all such
solvent corporations as may or shall sub-scribe
to the capital stock ofthe said Chat-ham
liailroad Company, may make their
bonds payable to tbe Public Treasurer of
the State of North Carolina for the amount
of their subscriptions to said capita! stock,
and no more ; which said bonds are to bo
signed by tho President and under the
st-als respectively of said corporations, and
made for any sums not under livo hundred
dollars, each, to bear interest at the rate of
six j>or cent, per annum, which interest is
to be paid semi-annuaJly, to wit: tho first
Monday in January and July in each and
every year ; anU the principal ol said bonds
to bo mado payable twenty years after date;
and these bonds, so authorized to be made,
may be deposited with the Public Treasur-er
of the State, who shall then issuo and
deliver to tho several corporations so sub-scribing
and depositing their bonds, as
aforesaid, tho coupon bonds of the State of
North Carolina, to the amount of their
subscriptions respectively, and mado the
sums of five hundred dollars and ono thous-and
dollars, to bear interest at the rate of
six per cent per annum, which interest is
to bo paid semi annuaily, on the first Mon
day in January and July in each and every
yoar, and tho principal of said bonds to bo
made paya'olo twenty years after date :
Provided, That said bonds shall not exceed,
in the aggregate, the sum of eight hundred
thousand dollars; and Provided, also,
That said Chatham Railroad Company-shall
execute and deliver to the Governor of
the State of North Carolina a deed of mort-gage
under the seal of said company,
wherein and whereby shall be conveyed to
the Governor and his successors in office,
for the use and benefit of the Slate, all tho
estate, both real and personal, belonging
to said company, or in any manner per-taining
to tUt tho same, conditional for
indemnifying and saving harmless the
State of North Carolina, from the payment
of the whole or any part ofthe bonds of the
State, authorized by this ordinance to be
made by the Public Treasurer, and deliver-ed
to tho several corporations subscribing
as aforesaid to the capital stock of said
Chatham Railroad Company. In addition
to tho deed of mortgage, hereinbefore re-quired
to be executed and delivered by the
Chatham Railroad Company, tho State of
North Carolina shall, by this ordinance,
have a lein upon the estate, both real and
personal, of said company, which they may
uow have or may hereafter enquire, to
secure the principal and interest of the
bonds of this State authorized to be issued
as aforesaid.
5. Bo it further ordained, That said
bonds of the State, so made by the Public
Treasurer, shall bo received by tho said
Chatham Railroad Company in payment of
subscriptions made as aforesaid by such
corporations to the capital stock of said
Chatham Railroad Company.
6. Be il further ordained, That said cor-porations
so subscribing and depositing
their bonds as aforesaid with the Treasurer
ofthe State, shall bo allowed to redeem
their bonds at any tim-; before maturity,
in iho currency fo the Stale, on giving
thirty days notice to the Treasurer of this
State of their intention so to do.
7. Be it further ordained. That the said
railroad may be constructed with termini
at any point or points in the said Coalfields
region that the stock-holders in said com-pany
may agreo upon with the approba-tion
of the Board of Internal Improve-ments.
3. Be it further ordained, That the cor-porate
authorities of incorporated towns
subscribing to the capital stock of slid
Chatham Railroad Company, in order to
provide for the payment of their subscrip-tions,
and of tho principal and interest of
bonds for that purpose, by them issued,
shall have authority to lay and collect
taxes from ail subjects, which, under iho
charters of said towns, are taxable.
9. Be it further ordained, That tho sol-vency
of such corporations as may desire
to subscribe to the capital stork of aid
Chatham Railroad Company shall be
judged of by the
provements.
10. Be it further ordained, That all laws
and parts of laws, all acts or parts of
acts inconsistent with the provisions »l
this ordinance, are horeby repealed and
abrogated.
Passed and ratified in open Convention
the SOth day of January, A. D., 18G2.
No. 8.
An Ordinance to Incorporate, the Piedmont Railroad
Company.
1. Be it ordained bvthe delegates of tho
people of North Carolina, in Convention
assembled, and it is hereby ordained by the
authority of tho same, That a company by
tho name and style of the "Piedmont Rail-road
Company," be, and tho same is here-by
ineorpora-.ed, with a capital stock of fif-teen
hundred thousand dollars, divided
into shares or one hundred dollars each, for
the purpose of constructing a railroad on
the best, cheapest, most direct and practi-cable
route from the Richmond and Dan-ville
Railroad to the North Carolina
Railroad.
2. Be it further ordained, That for the
purpose of creating tbe capital stock of
said company, the following persons be,
and they aro hereby appointed general
commissioners; William T. Sutherlin, of
Danville; William P. Watt, John Jl. Dil-lard,
George D Boyd and William B. Car-ter,
of Rockingham; Phil. Barrow, John *.
Poindexter and A. J. Stafford, of Forsyth
county; William A. Lash, John J. Martin
and James Riason, of Stokes county; Jesse
H. Lindsay, Lovi M. Scotland Ralph Gor-<
rell.of Guilford county; Bedford Brown,
Thomas D. Johnston, Allen Green Mont-ford
McGee, of Caswell county; Giles Me-bane,
Jesse Gant and Eli F. Watson, of
Alamance; John W. Cunniugham, Edwin
G. Read and Thomas McGee, ofthe county
ofl'erson; Wilfiam Johnston, of the town
of Charlotte; James C. Turrcntine and Win.
F. Stravhorn, of tbe county of Orange;
Benjamin A. Kittrell, of the town of Lex-ington;
H. C. Jones, Sr., of Salisbury; Jona.
Worth, ofthe town of Asheboro'; Win. P.
Taylor, of Tittsboro'; whoso duty it shall
be to direct tho opouing of books for sub-scriptions
of stock at such times and places,
and under such persons as they, or a ma-jority
of them, may deem proper, and in
the mean time it shall and may be lawful i
for books of subscription to said stock to be |
opened in tho town of Charlotte under the j
direction of John A. Young, Win. Johnston '
and James W. Osborne, or any one of'j
them; in Concord under the direction of V.
M. Barringer, Caleb Phifer and Daniel
Coleman, or any ono of them; in Salisbury j
under tho direction of Nathaniel Boyden,;
N. N. Fleming, J. I. Shaver, or any them;
at Lexington under the direction ol Wi DO. |
R. Holt, John P. Mabrey and, Samuel liar- j
grove, or any ono of tbem; at High Point
under the direction of W. F. Bowman, Dr. I
Robert Lindsay and Nathan Hunt, or any
one of them; at Greensboro* under the di-rection
of James Sloan, Jed. H. Lindsay
and J. A. Long, or any ono of them; at]
Salem under tho direction of D. H. Star-buck,
J. G. Lash, Francis Fries and C. L. ;
Bonner; or any of them; at Danbury under
the direction uf Nathaniel Moody, A. H. i
Joyce and S. Taylor, or any one of them;
at Graham nnder the direction of Thomas
Rutlin, Jr.; John Trollinger and Edward
bolt, or any of them, at Roxboro' under j
the direction of Chas. Wi.istead, Dr. C. 11 .J
Jordan and Green William s, or any one of I
them; at Yancey ville unde ■ the direction of "PI'011
John Keer, Dr.N. M. Roa'i and Thomas ' otllfcr
W. Graves, or any one of them; at Milton j 'u
n s,u^
under the direction of °amuel Watkins,
John Wilson and Thomaf Donaho, or any
one of them; at Wcntwojih under the di-
Iton, W.M. El- L reclion of John W. ElliOB
lington and B. J. Low, or* oy onecf them,
at 5ladison under the direction of Wm. L.
Scales, Joseph 11. Cardwell and Nicholas
Dalton, or any one of them; at Leaksville
under the direction of George L. Aikon,
Jones W. Burton and E. T. Brodnax, or
any one of them; at High Rock under the
direction of Francis L. Simpson, Dr. R. II. |
Scales and George W. Gatrett, or any one
of them; at Danville, Va , under the direc-tion
of William T. Suiherlin, James M.
Wdliams and Dr. T. P. Atkinson, or any-one
of them; at Uillsboi o' under the direc-tion
of J. C. Turrcntine, Henry H. Nash (
and W. F. Stray-horn, or any one of them;
and in the city of Richmond, Va., under the j
direction of A. Y. Stokes, Lewis E. Harvey
and Thomas N. Brockenbrough, or any-one
of them; and said commissioners shal
have power to appoint a Chairman
body, Treasurer, and all o'.her officers their !
organization may require, and sue for and \
recover all sums ofmoney that ought, un-der
this ordinance, to be recovered by them
in the name of said corporation.
3. Be it further ordained, That all per-sons
who are, by this ordinance authorzed,
or who may be hereafter, by tho general l
commissioners, authorized to open books of,
subscription, may do so at any time afler
tho passage of this ordinance, upon
ing subscriptions of stock shall pass a re*
ceipt to the subscriber or subscribers for
the payment of tho first instalment, as
heretofore required to be paid, and upon
their settlement with the general commis-sioners
-is aforesaid, it shall be the duty of
said generai[commissioners, in like manner,
to pass tbeir receipts for all sums thus re-ceived
to tho personB from whom recoived,
and such receipts shall be taken and held
to be good and sufficient vouchers to per-sons
holding tbem ; that subscriptions of
stock may bo received as aforesaid or as
hereafter provided for, to the amonnt of
fifteen hundred thousand dollars.
4. Be it further ordained, That it shall
be the duty of s-iid general commissioners
to direct and authorize said books of sub
scription to bo kept open until the sum of
one hundred thousand dollars, at least, shall
bo subscribed in the manner afoi esaid,
and as soon as ».he said sum of ono hundred
thousand dollars, or upwards, shall be sub
scribed in manner aforesaid, and tho sum
of five dollars or. each share paid as afores
said, the subscribers to said stock shall be,
and they arc hereby declared to be a body
politic, and corporate in fact, and in law,
by tho name and style of the "Piedmont
Railroad Company"," with al! the cor-porate
powers and authority thereby crea-ted
and granted, to be held and exorcised
by said company and their successors and
assigns, in perpetuity, and by that name
shall be capable, in law and in equity, to
purchase, hold, lease, rent, sell or convey
estates, real and personal, and to acquire
the same by gift, devise or otherwise, so
far as 6hali bo necessary for the purposes
embraced within the scope, object and
intentof this charter, and shall have per-petual
succession and a common seal, which
may use, alter or renew at pleasure, an by
their coporato name, may sue and bo sued,
plead and bo impleaded, in any court of law
in this State or any other State; and stall
have, possess and enjoy, all rights, privil-eges
and immunities which railroad cor-porate
bodies may and of right do exercise,
and may make such by-laws, rules and reg-ulations
as are necessary for tho government
of tbe corporation, or for effecting the ob-ject
for which it is created, inconsistent
with the laws of this State or of tbeConfed-rato
States of America.
5. Beit further ordained, That as soon
as the sum ofone Lundred thousand dollars
or upwards sh.tll be subscribed, as afore-said,
it shall be the duty of the General
Commissioners to appoint a time for the
stockholders to meet in the town of Greens-boro,
in tho county of Guilford, which they
shall cause to be previously pubslished for
tho space o! thirty days, in ono more news-papers;
at which time and place, the said
stockholders shall, in person or by proxy,
proceed to elect by hallot nine directors of
tbe company; and t<> enact all such regula-tions
and by-laws as may be necessary for
the government of said corporation, and
the transaction of its business. Tho per-sons
elected directors at this meeting shall
serve such period not exceeding one year
as tho stockholders may direct;and at this
meeting, the stockholders shall fix on the
day and place or places when and where
the subsequent election of directors skall
be held, and such elections shall thence-forth
be annually made; but if the day of
annual election tdiould pass without any
election of directors, the corporation shall
not thereby be dissolved; but the directors
in office shall so remain until others are
appointed, and it shall be lawful on any
day to make and hold such elections
such manner as may bo prescribed by a
by-lay of tho corporation,
G. Bo it further ordained, That tbe a/
lairs of saiu company shall bo managed bj'
a general board, to consist of nine directors,
to bo elected by the stockholders from
among themselves, at tbeir first and subse-quent
general annual meetings, and no
stockholder shall be elected a director, nor
servo as such, unless he bo at the time of
his election the owner of fivo shares of
stock, and shall continuo to bold tho same
during the term of bis service as director.
7. Be it further ordained, That tho Pres-ident
of said company shall be chosen by
ballot by a majority of tho Directors from
among themselves, with a salary to be
fixed by the stockholders in general meet-ing.
8. Be it further ordained, That all stock-holders,
not being alicus, shall be entitled
to vote cither in pereon or by proxy, the
proxy being a stockholder, at ail general
meotings. and tho vote to which each stock-of
their i holder shall be entitled, shall be according
' to the number of shares ho may hold as
hereinafter provided.
9. Be it further ordained, That in the first
goneral meeting of the stockholders, under
this Ordinance, a majority of all the shares
subscribed Shall bo represented before
proceeding to business; and if a sufficient
numberdo not appear on the day appoin-ted,
those who do attend shall have power
to adjourn from time to lime until a regu-giving
lar meeting be thus formed, and at
twenty days notice of tho time and place 1 meeting the stockholders may provide by a
when said books shall be opened, and said i by-law as to the number
books shall bo kept open for the space of
thirty days, at least, and as long thereafter '
as the general commissioners shall direct ;
and that all subscriptions of stock shall be
in shares of one hundred dollars, tho sub-scriber
paying, at the timo ho makes his
subscription, five dollarson each share by
him subscribed, to tho person or persons
authorized to receive such subscriptions;
and upon closing the books, all such sums
as shall have thus been received of subscri-bers,
on tho first cash instalment, shall be
paid over lo the general commissioners, by
the persons receiving the same, and in case
of failuro to pay, as aforesaid, such person
or persons, receiving said money, shall bo
personally liable to said general commis-sioners,
beforo tho organization of said
company, and to tho company itself, after
the organization, to be recovered within
tbe Superior Courts of Law within this
State, in tho county where such delinquent
resides, or if ho reside in another State,
ot stockholders,
and tho amount of stock to bo held by
them, which shall constitute a quorum for
tho transaction ot businees at all subsequent
meetings.
10. Be il further ordained, That the
general commissioners shall make their
return ot shares ol stock subscribed, for at
the first general meeting of the stockhol-ders
and pay over to the directors elected
at that meeting, or their authorized agent,
all sums of money received from subscri-bers;
and on failure to do so, they shall be
personally liable to said company, to be
recovered in like manner as other debts duo
the company.
11. Be it further ordained, That the
Board of Directors may till all vacancies
which may occur in it during tbe period
for which they have been elected, and in
the absence of the President, may fill bis
placo by ejecting a President pro fern, from
among their number.
12. Be it further ordained, That said
13. Be it further crdained, That said
company shall have power and proceed
to construct, as speedily as possible, a
Railroad with one or riore tracks, from the
North Carolina Railroad to the Richmond
and Danville Railroad in Virginia, to be
used and operated by i team power, and to
the end that the said i jrporation may have
power and authority to construct said road
within the limits of tic State of Virginia—
this charter shal! be transmitted by the
President of this Convention to tbo Govor-nor
of Virginia, to tho end that the legisla-tive
sar Jtion of that State, approving the
ordinance, may be given to said company,
to construct the Pailioad as aforesaid
within the limits of that State: Provided,
Thatthecompany formed underilshall|have
no power to discriminate, on either freight
or travel, against th<- North Carolit a Rail-road
orro^ds in North Carolina connected
with it.
14. Bo it further ordained, That said
company shall have :be exclusive right of
conveyance or transportation of persons,
goods, merchandise, and produce, over tbe
road constructed by them, at such charges
as may bo fixed upon by a majority of the
directors; and tho s: id company may farm
out their rights o" transportation over
tbeir said Railroad, subject to tho rules
above mentioned; an 1 said company, and
every person who may have received from
them the right of transportation of goods,
wares and produce on said road, shall bo
doomed and taken to be a common carrier,
as respects everyth'ng entrusted to them
or him for transportation. ,
15. Be it further o -darned, that the Board
of Directors may cad for the payment of
tho sums subscribed as stock in said com-pany
in such instalments as the interest of
the said company may require: the call for
each payment shall oe published in one or
more papers in this State for two months
bofore the day of payment, and on failure
of any stockholder > o pay each instalment
as thus required, th? directors may sell at
public auction, on a notice of ten days,
for cash, all the stonk subscribed for in said
company by such stockholders, and convey
tbe same to tho pui chaser at said sale dis-charged
from farther liabilities, and if said
sale of stock does not produce a sum suffi-cient
to pay off the incidental expe ises of
sale, and the entire amount owing by such
stockholder to tho company for such sub-scription
of stock, fhen and in that case
the whole of such balance shall bo held and
taken as due at once to tbe company, and
may- be recovered of such stockholder or
his executors, administrators or assigns, at
suit of said compary either by summary
motion in any eoart of supreme jurisdic-tion
in the county where the delinquent
resides, on a previous notice of ten days to
said subscribers, or by action of assumpsit
in any court of competent jurisdiction, or
by warrant beforo a Justice of the Peaco
when the sum does not exceed ono hundred
dollars; and in all cases of assignment of
stock before tbo wnole amount has been
paid to the company, then, for all sums due
on such stock, bota the original subscribers
and tbe first and all the subsequent assign-ees
shall be held liable to tho company,
and tho same may be recovered as above
described.
16. Bo it further ordained, That said
company shall issue certificates of stock to
its members, and said stock may be trans-ferred
in such manner and form as may be
directod by tho by-laws ofthe company.
17. Be it further ordained, That the
debt ofthe stockholders due to tho compa-ny
for stock therei.i, either as original pro-prietor,
or as fitst or subsequent assignee,
shall bo considered with equal diginity
with judgments in tho distribution ot the
assets of a deceased stockholder by his le-gal
representative.'.
18. Bo it further ordained, That the
Board of Directors shall, once a year at
least, make a full mpoit on the state of tho
company and its aflirs, to a general meet-ing
of the stockholders, and oftener if
required by a by-law. and shall have pow-er
to call a general meeting of tbe stock-holders
when tho board may deem expedi-ent;
and tho company may provide in their
by-laws for occasional meetings being call-ed,
and proscribe tho mode thereof.
19. Be it further ordained, That the
said company may purchase, have and
hold in fee or for a term of years, any lands,
tenements, or hereditaments which may
bo necessary for said road, or appurtenance
thereof,or for the erection of depositories,
store houses, houses for the officers, ser-vants,
or agents of iho company, or for the
workshops or foundries to bo used for said
company, or for procuring stone or other
materials necessary to the construction of
the road, or for erfecting transportation
thereon.
20. Le it further ordained, That the
company shall have the right, when neces-sary,
to conduct the said road across or
along any public road or water courso :
j Provided, That the said company shall not
such i obstruct any public road without con-structing
another equally as good and con-venient.
21. Be it further ordained, That when
any land or right of way may be required
by sa.d company for the purpose of con-structing
their road, and foi want, of agree-ment
as to the value thereof, or for any
other cause, the samo can not be purchased
from the owner or owners—the samo may
be taken at a valuation to be made by five
freeholders, selected by the County Court
in the county where the right of way is
situated : Provided, nevertheless, That if
any person or persons, over whose lands
tbo road may pass, or if said company
should be dissatisfied with the valuation of
said iroeholders, then ind in that case, trie
party so dissatisfied aiay have an appeal to
tho Superior Court in the county
the damage is done, or in either
where tho land may lie under
point mem of freeholders under this section
it shall be made to appear to the satisfac-tion
of the court, that at least ten days
previous^notice has been given by the ap-plication
to the owner or owners of ths
land proposed to be condemned, or if the
owner or owners be infants or non compos
mentis, then to the guardian or guardians
of such owner or owners, it such guardian
can be found within the county, or if he
cannot be found, then such appointment
shall not be made unless notice of the ap-plication
shall have been published at least
one month next preceeding in some news-paper
printed as conveniently as may be to
the court house ofthe county, and shall
have been posted at tbe door of tbe court
house on the first day ot the term of said
court to which the application is made :
Provided, further. That tbe valuation pro-vided
for in this section shall be mad- on
oath by the freeholders aforesaid, which
oath, any Justice of the Peace, or clerk, is
authorized to administer: Provided fur-ther,
That tho rigbt of condemnation
herein grantod, shall not authorise tho
said company to invade tbe dwelling house
yard, garden or burial ground of any in-dividual
without his consent.
22. Be it further ordained, That the
right of said company to condemn lands in
the manner as aforesaid, shall extend to tbe
conde.nning one hundred feet on each side
of tho tract of tho road, measuring from tho
centre of the same, unless in case of deep
cuts and fillings, when said company shall
have power to condemn as much in addi-tion
thereto as may be necessary for tho
purpose of constructing said road, and tho
company sha'l also have power to condemn
and appropriate in like manner for tho
constructing and building of depots, shops,
ware-bouses, buildings for servants, agents
and persons employed on tho road not
oxceeding four acres to any one lot or
station.
23. Be it further ordained, That in the
absonce of an contract or contracts with
said company in relation to the lands
through which tho said road may pass,
signed by tho owner thereof, or his agent
or any claimant or person in possession
thereof, it shall bo presumed that tbo land
upon which the said road may bo construe
ted, together with the space of one hun-ered
feet on each side of the centre of said
road, has been granted to the said company
by the owner thereof, and tne said company
shall have good right and title thereto, and
shall have, hold and enjoy the same as long
as tho same be used for the purposes of the
road, and no linger, unless the person or
persons owning the said land at the time
that part of tho said road which may be on
tbo said land was finished, or those claim-ing
uudor him, her or thorn, shall apply
for an assignment of tho valuoof said lands
as hereinbefore directed, within two years
next after that pan ofthe Baid road which
may boon said lands was finished, and in
case the said owner or those claiming
under him, her or them, shall not apply
within two years next after tho said part
was finished, he she or they shall be forever
barred from recovering said land or having
any assessment or compensation therefor:
Provided, Nothing herein containing shall
affect the rights of feme coverts, or infants,
until two years after the removal of tbeir
respective disabilities.
24. Be it further ordained, That all lands
not heretofore granted to any person with-in
one hundred feet of the centre of said
road, shall vest in the company so soon as
tho line of the road is definitely laid out
through it, and any grant of said land shall
thereafter be void.
25. Be it further ordained, That if any
person or persons shall shall intrude upon
said railroad, by any manner of uso thereof
or ofthe right and privilege connected
therewith, without the permission, or
contrary to tho will of said company, he,
she or they may be indicted for a misde-meanor,
and upon a conviction, fined and
imprisoned by any court ofcompetent jur-isdiction.
20 Bo it further ordained. That if any
person or persons shall willfully and mali-ciously
destroy, or in any manner hurt or
damage, or shall willfully and maliciously
cause or aid or assist, or counsel and ad-vise
any other person or persons to destroy
or in any manner to hurt, damage, injure or
obstruct the said railroad, or any bridge or
vehicle used for in the transportation there-on,
any water-tank, warehouse, or other
property of said company, Huch person or
persons, so offending shall bo liable to be
iudicteu therefor, and on conviction, shall
be imprisoned not less than one nor more :
than six months, and pay a fine, not oxcoe-1
ding fivo hundred dollars, nor le*9 than j
twonty dollars, at tho discretion of tbe |
courts before which said conviction shall |
take place, and shall be further liable te
pay all expenses for repairing the same;
and it shall not be competent for any one
so offending against the provisions of this |
clause to defend himself by pleading or j
"iving in evidoncc tiiat ho was the ownc, |
agent, or servant of the owner of the land
where such destruction, hurt, damage, or j
injury or obstruction was done at the ,
time tho same was dc e or caused to be
done.
27. Be it further ordained, That every
obstruction to the safe and free passage of
vehicles on said road shall be deemed a
public nuisance, and bo abated as such by
any officer, or agent or servant of said
corapiny, and the person causing such ob-structioo
may bo indicted for erecting a j
public nuisance.
29. Be it further ordained. That the ;
shall, when tbe affairs of the company wi |
permit, be semi-annually divided among tbe
Stockholders in proportion to the stock
eaoh may own.
30. Be it further ordained, That the fol-lowing
officor* and setvanU and peraocs
in the actual employment of said company
be, and they are hereby, exempt from the j
then, in any court in such State having Board of Directors shall have power and
competent jurisdiction. The general com-missioners
shall have power to call on and
require all persons empowered to receive
subscriptions ofstock, at any time, and
from time to time, as a majority of them
may think proper, to make return of the
slock by them respectively received, and
to make payment of all sums of money
paid by subscribers; that all persons receiv-anthority
to open books for further sub-scriptions
to tho stock of said company at
such times and under such persons as they
may designate, in the event the whole
stock be not subscribed beforo tho first
general meeting of tho stockholders, and
to open and keep open such books from
time to time, until tho whole amount of
capital stock be subscribed.
where
county
the same
rules, regulations and restrictions as in
other classes of appeal, tho proceeding of
tho said freeholders accompanied with a
full description of said land or right of
way, shall be returned under tho hands
and seals of a majority of them to the court
from which the order was made, there to
remain a matter of record; and the lands
or right of way so valued, shall vest in i
said company so long as tbe same may
use '. for purposes of said railroad. "S »
as tbe valuation shall liave been made, or
when refused, may Lave been tendered:
Provided, That on application for the ap-performauce
of jury and ordinary militia f
duty : The President and Treasurer, tho I
Board of Directors, Chief and Assistant
Engineers, the Secretary and Aecoo.ntar.tj
of the cc mpany, keepers of she depositorim 1
fuards stationed on the road and at the \
ridges, and such persons as may be work- *
ing the locomotive engines and travelling
with the cars for the purpose of attending
to the transport of produce, goods and pas-senger*
on the road.
31. Be it further ordained, That if the
Legislature of Vi-ginia shall sanction this
charter, and authorize tbe oonstrurltor. of
said road within tbe limits of Virg.nia to{
the Richmond and Danville Railroad, and!
said road shall be so constructed, the saidj
corporation hereby created shall, neverthe-less,
have power and authority to construe,
and build one or more branches of said road
to the Coalfields of Dan River, and th«
navigable waters on Smith's River in th<|
county ot Rockingham, and are hereby rusj
ted with the rights, powers, privileges a i<*
immunities to build and construct talc
branch or branches with which they are
invested to build the main road; and the
said road, with its branches, authorised
to bo constructed under this charter, shall
be of the same guage is the North Carolina
Railroad; and tbe North Carolina Railroad
Company shall have the right, under this
charter, to construct a branch of tbeir
road from Hillsboro' at or near Danville.
32. Be it further ordained, That for U.
purpose ol ascertaining the best route to:
said road and its branches, and to local i
the same, it shall be lawful for said compa-ny,
by its engineers, servants and age its,
to enter upon, examine and surrvey any
land or lands that they may wish to exam-ine
for such purpose, free from any liability
whatever.
33. Be it further ordained, That any oce
or moro of tho solvent incorporate railroad
companies of the said States, sod also I he
Confederate States of America, may sub
scribo for stock in said company, and should
the Confederate States of America sabsciibii
tor and lake the whole oi such stock, or th>
larger part thereof, power and authority
are given to said Confoderate States c«
America to appoint for the timo being lh|
whole of the said Directory anytbing i
this ordinance lo the contrary not withstan
ding, and at once locate ane commence tb<
construction of said road, and hold tin
stock so taken by them until individual,-
and corporations shall be prepared to re-ceive
an assignment of the same, or any
part or parts thereof, as hereinafter provi-ded.
34. Be it further ordained, Thatassooi-as,
under the aurpervision of the general]
commissioners, as by this ordinance prov'tj
ded, there shall be subscribed by iHs Con -
federato States of America, iucorporateoj
compainies, or solvent individual!, not It*'
than one hundred thousand dollar* ot aloe*
with tho five per cent, herreon paid i •
the same stall bo certified by said general
commissioners to said Directors, >n which
being done, it snail be the duty of said Di-rectors
to havo the names of such stock-holders
recorded on the books of said com-pany,
together with the stock subscribed
by each, and to cause to have issued to as d
stockholders certificates of stock in said
company, (to each in proportioo to
the subscriptions made by them,) wbi%n
they shall have paid up their subscip.io^s
in full, including in their payments the fiie
percent, which they shall have paid to '.£>
said general commissioner*, and which t*e
said general commissioners, as hereinbe-fore
provided, *hai' pay to said rirnpai f.
35. Beit further ordained, That as soon
as subscribers other than the Confederate
States of America, as herein provided
shall havo their names as the stockholder,
recorded in the books of said company a*
owners of not less than one hundred tbi.u
sand dollars of stock with five per «, i
thereon paid in, from and after that lino
such stockholders, in all general meeMr jfe.
snail ha7e power to elect five of tbe ►
nine Directors, and the President of
Confederate States of America, or such
or person as tho Confedrate State* tm.y
termino, to appoint four of said Direct,
and continuo to do so until the stock of,
said Confederate States, by sale or '.r
far, shall be reduced to less than half ci
entire stock of said ^company; then,
from and afler that time, the vote of the
naid Confederate States of America in ibe
election of Di-octors, end on all ether quej-tions,
shall be in proportion to tbe su.ck
field by them: Provided, That at such
elections no stockholder shall give more
than two hundred votes.
30. Bo it further ordained, That full
right and privilege is heroby reserved to
tho State, or to any company hereafter to
be incorporated under the authority c>\ u is
State, to connect with the road hereby!Ipio-vided
for, any other railroad leading t« =i«
from to any part or parls of ibis S
Provided. That in joining suchconne
no injury shall be deno to tho works
company hereby incorporated.
3? Bo itfurtner ordained, That th*or-
! porate franchise and privileges hef
granted shall cease and determine at
oxp'ration of ninety nine years from]
day of the passsge of this ordinance
Passed and ratified in open CooveJ
the 8th day of February, A. D. 1
No. 9.
be
soon
said company shall have the right to take,
at the storehouses they may establish, oi
annex to their railroad, all goods, wares, | An OraUnane, to/^J^*,^*
merchandise, and produce intended for
transportation,to prescribe tho rules ol
priority, and charge and receive such just
and reasonable compensation for storage
as they, by rules mav establish (which
ion
Tar-they
shall cause to be published; as may be
fixed, by agreement, with tbe owners,
which may be distinct from rates of trans-portation
: Provided, That tho said com-pany
shall not charge nor receive storage
on goods, wares, merchandise or produce
which may be delivered to them at their
regular depositories for immediate trans-portation,
and which the company may
bave the power to transport immediately.
29. Be it further ordained. That tho
profits ofthe company, or so much thereof
as the General Board may deem advisable,
toru Radruad Company
1 Be it ordained by the delegates '
people of North Carolina in Content.
sembled.arid it is hereby ordained by *«
authority ofthe same, fbailor the purpose
railroad communication oe-and
tbe
of effecting a
tween the town of Washington
town of Tarboro'.the formation of a corpo-rate
company with the capital of focr han-dred
thousand dollars, is hereby autbomed.
to be called tbe Washington and Tarbcro
Railroad Company, and when ****
compliance will, the conditions hem. after
prescribed, to have a corporate MirttflN
as a body politic in PfrP»lollZ-.-t ,, J -ki,
" Beit further ordained. That tie* said
company be. and the aame is hereb* an-thoriaed
to construct a railroad frSftj Ibe
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ef 1
nf
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d
i1ob
itf
at
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