The North-Carolina standard., 1849-03-21

said Company; or for procuring stone or other ma
tefals necessary to the construction of the Road OF
for eectng transportation thereon; and for other
purposes whatever $50.
SEC. 26. That the Company shaH have the right,
when necessary, conduct the said Road across or
along any public road or water course: ProOided,
That the said Company shall not obstruct any pup
lie road, without constructing another equally as
good and as convenient, nor without making draw
in any bridge of said road, which may cross nayt-
gable stream, sufficient for the passage of vessels
navigating such stream. which draw shall be opened
by the Company for the free passagso vessels nayi-
gating such stream. =,
SEC. 81. That when any lands or right Of way
may be required by said Company, for the purpose
of constructing their Road, and for the want OF agree
men to the value thereof, or for any other cause
the same cannot be purchased from tile owner or
owners, the same may be taken at valuation made
by five commissioners, or majority OF them, 10 Dc
appointed by any Court of record, having common
law jurisdiction in the County where some part of
the land right of way is situated. In making the
said valuations the said Commissioners shall take i-
to consideration the loss or damage which may ac-
crue to the owner or owners In consequence OF the
land or the right of way being surrendered and the
benefit he she, they may receive from the erection
or establishment of the Rail Road work, and shall
state particularly the value and amount of each and
the excess of loss and damage, over and above the
advantage and benefit, shall form the ofyalu-
alton of the said land right of way rorsded s'er-
erfheess, That if any person persons over whose
land the Road may pass, should be dlssatshed with
case, the person persons dissatisfied may have
an appeal the Superior Court in the County where
the said valuation has been made, IN either Coun-
ty in which the land lies when it may lie In more
than County,, under the same rules, regulations
as in appeals from judgments of Justices Of the Peace
The proceedings of the said commissioners, accom-
panied with full description of the said land or right
of way shall be returned, under the hands and seals
of majority of the commissioners, to the Court from
which the commission issued, there to remain mat
of record. And the lands or right of way vaiu
ed by the said commissioners, shall vest in the said
Company so long the same shall be used for the
purposes of said Rail Road SO soon as the valuation
may be paid, Or when refused, may have been tend
cred Prorided, That application for the appoint
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 owners of land so
proposed to be condemned, or, if the owner own
be infants or copOs nlens, then to the guar
dian of such owner owners, if such guardian can
be found within the County, or if he cannot be so
found, then such appointment shall not be made
less notice of the application shall have been pub
lshed at least one month next preceding, in some
newspaper printed convenient may be to the
Court House of the County, and slfaH have been
posted at the door of the Court House. Sh the first
day at least of the term of said Court, 10 which the
application is made: Provided further, That the valu
alton provided for in this section, shall be made
oath by the commissioners aforesaid, which oath,
any Justice of the Peace, Clerk of the Court of
hereby authorized to administer: Prouided further,
That the right of condemnation herein granted shall
not authorize the said Company to invade the dwell
ing house, yard, garden burial ground of any ind-
yidual, without his consent. - g. ---.-
Sec. 29 That the right of said Company to con-
denim lands in the manner described in the 9th
ton of this act, shall extend the condemnng
hundred feet each side of the main track of the
Road measuring from the centre of the same, unless
in case of deep cuts and filings, when said Compa
ny shall have power to condemn as much in addition
thereto, may be necessary fer constructing said
Road; and the Company shall also have power to
condemn and appropriate lands in like manner, for
the constructing and building of depots, shops
houses, buildings for servants, agents and persons
employed on the road, not exceeding two acres in
any one lot station.
SEC. 90. That in the absence of any contract or
contracts with said Company, in relation to the lands
through which the said Road or its branches may
pass, signed by the thereof by his agent,
any claimant person in possession thereof which
may be confirmed by the owner thereof, it shall be
presumed that the land upon which the said Road or
any of its branches may be constructed, together
with space of hundred feet each side of the
centre of the said Road, has been granted the said
Company, by the owner or owners thereof; and the
said Company shall have good right and title thereto,
and shall have, hold and enjoy the same as long as
the same be used for the purposes of said Road and
no longer, unless the person persons owning the
said land at the time that part of the said Road which
may be the said land, finished, those claim
ment OF theE value of said lands, herenbefore di
rected within two years next after that part of said
Road which may be the said land, was finished
and in the said owners, those claim
ing under him, her them, shall not apply within
two years next after the said part was finished, he,
she they shall be forever barred from recovering
said land or having any assessment or compensation
thereof: Progidcd Nothing herein contained shall
affect the rights of feme eoverts or infants, until two
years after the removal of their respective disabilities
Sec. 80. That all lands heretofore granted to any
person, nor appropriated by law to the use of the
State within one hundred feet of the centre of said
.ead, which may be constructed by the said Com
oany shall vest in the Company soon as the line
IF the road is definitely laid through it, and any
grant of said land thereafter shall be void.
Sec. 81. That if any person or persons shall in
rude upon the said Rail Road, by any manner of
heSeof or of the rights and privileges connected
will of the said Company, he, she they may be
indicted for misdemeahor, and upon convietion fined
md imprisoned by any court of competent jurisdie-
ion.
Sec. 80. That if any person shall wilfully and |
destroy, in any manner hurt dam
lge, or obstruct or shall wilfully and maliciously
,ause aid, assist counsel and advise any 9TH
age or destry, iniure obstruct the said Rail Road
any bridge vehicle used for in the transport
ation thereon, any water tank, ware house, any
other property of said Company, such person or per-
offending, shall be liable to be indicted there
for and, conviction, shall be imprisoned more
than six, nor less than one month, and pay fine not
exceeding five hundred dollars, nor less than twenty
dollars at the discretion of the before which
said conviction shall take places and shall be further
liable to pay all expenses of repairing the and
It shall not be competent for any person offending
against the provisions of this clause to defend him