The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-05-25

=
izs the said company TO invade the dwell. II
Tag house, yard, garden or bu'isl ground Of {
aay individual, Without his consent. 4
See. g.. That the right Of said compa. '
~ to coudemn lands 10 the manner describ I
ed in the 27.h section Of this act. shall ex |
tend 10 CONCERNING one hundred feet on
each side Of the main track Of the road,
measuring fiom the centre OF the satne, uu
: ,es- in case Of deep cuts and filings, when
"a ! company shall have power to condemn
- mud IN addition thereto, as may be ne.
vcessary for the purpose Of constructing said /
rosd; aud The company shall also have
power TO condemn aud appropriate lands in
like manner, Tor the constructing aud build 1
ias Of depo,s, shops, ware houses, build
Jugs for servants, agents aud persons en-
ploy cd on the road, not exceeding two acres
10 aov one lot or station.
Sec. 80. That in The absence of any
contract or conirac with said company, 10
relation TO lands through which the said
road or lis branches may pass, signed by
the Owners thereof or by his agent, or any
ciatmant or person in possession thereof,
Which NAV be confirmed by the owner
thereof, II shall be presumed that the land
upon which the SAID road or any OF its
branches NAV be constructed, together with
space of ooe hundred feet on each side of
the centre Of The SAID road, has been gran.
ted 10 the SAID company, by The owner or
owners thereof; aud the said company shall
have good right and title thereto, aud shall
have, hold and euloy The same as long as
the same be used Tor the purposes OF said
read, and no longer, unless the person or
persons owning The said land a, the time
that part Of the SAID road which may be on
the SAID land, was flushed, or those claim.
ing under him, her or them, shall apply tor
an assessment oil The value of SAID lands, as
here,nbefore directed, within Two years
next after that part Of SAID road, which
may be on the SAID land, was finished and
IN case The said owner or owners, or those
claiming under him, her or them, shall mol
apply within two years next after The saic
part WIS finished. he, she or they shall b
forever barred from recovering SAID and o
having any assessment or compensation
therefore: Prorided, nothing he'e contain
ed shall affect The nights of ttme cOrerts o
infants, until two years after the Iemosa
OF their respective disabilities.
Sec 80. That all lands not hcre,ofor
granted 10 any person, nor appropriated b.
la1 to the use OF the State, within one hun
dred fee, Of the cen.re OF said road, whicl
may be constructed by The sad company
shlll vest 10 The company as soon as th
line CT he read is definitely laid cut lhroug
IL. and any grant Of said land lhefestie
shall be void.
Sec. 81. That if any person OF person
shall inifude upon the said rail road by an
manner Of use thereof, or Of the right
and privileges connected herewith, 1ilho,
she PERMISSION or contrary 10 The will
the said company. he, she or they may
indicted for ID sdemeanor, and upon COZ
viclIoa fined sui imprisoned BY any coai
Sf eaapsfeBt lris0icii5n.
Sec 50. That If any. person shall vi
fully ard m .Iic.ousIy destroy, o, in an
manner hurt or damage, or obstrucl, {
shall m4liclously cause, or AID, or assist {
counsel and advise any other person OF pc
sons to destroy, or in any manner 10 hur
damage or destroy, lnJu'e or obs!ruct It
said rail road, or any bridge or vehlc
used cor or 10 the transportation thereo
any water tank. ware. house, or any 9th
property Of said company, such person
persons so ofanding, shall be liable to
uc Cd therefor, and, on conviction, shs
be Imprisoned no, more than SIX, nor lie
than Que mouth, and pay hle not excee
ing five hundred dollars, nor less than tive
~ dollars, at the discretion Of the court
fore which SAID conviction shall lake plac
and shall be further liable TO pay all e
penses Of repairing the sane; and II sh
10, BE- competent for any person so often
ing asains, the provisions Of this clause
defend himself by pleading or giving
evidence that be was The owner, agent
seryaa, OF The owner of the land uhe
such destruction, hurt, damage, injury,
obstruction vas done, al The time he sat
was done or caused to BE- dole.
Sec, 33. That every obstruction 10 /
sale and Tree passage OF vehicles on t
sad Road or ITS branches shall 1e deem
a public nuisance, and may be sbaied
such by ans oificer, agent or sefsaat
sa'd Co:aaany aGd The pefsca Cats:
sIcb obs fVG}sou may be indicted aud pt
isbed lor erecting public nuisance.
Sec 81, That the said company sh
have he ri2hi TO take at the store hous
they may establish on, or annex TO tbs
Rail Road or the branches thereof,
goods wares, merchandise and produce
tended for transportation, prescribe I
rules OF priority and charge and fecei
such jus, aud reasonable compensation
storage, as they by rules may establi
(Which they shalI cause TO be poblshed)
as may be fixed by agreement wuh I
owner which may be distinct from /
rates Of transportation Prortded, that {
said company shall not charge or recei
storage on goods, wares, merchandise
produce which may be delivered 10 them
their regular repositories Tor Immedia
transportation, aud which he company mi
have poser TO transport Immediately.
a