The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1855-05-11

The County Court oil the county In Which the lanu
or any part thereof lies, is hereby empowered to
administer. PrOrideR, further, That the right OF
cundem nation herein granted shall not authorize
the soid company to invade the dwelling house,
yard, garden burial ground oi any individual
without his consent.
SEC. 20. That the right Of said company 10
condemn lands in the manner described IN tho
Goth Section of this act, shall extend 10 condemnng
OF one hundred feet each side OF the main track
Of the road Measuring from the centre OF the same,
uaEcss in of deep and Filings, when said
company shall have the right 10 condemn so much
in addnon thereto as shall be necessary for the
construction Of said road And the company shall
also have power TO condemn any appropriate
lands in like manner for the constructing and
building of depots, shops, warehouses, buildings
for servants, agents and persons employed on said
road, not exceeding two acres in any one lot or
station.
SEC. 81. That in the absence of any contract
contracts in relation to land through which said
road, or any OF its branches, may pass, signed by
the owner thereof his agent, or any claimant
or person in possession thereof, which may be
confirmed by the owner thereof, il shall be pre-
sumtd that the land over which said road or any
of its branches may 6e constructed, together with
a space Of one hundred feet on each side oi Ihe
centre Of said road, has been granted 10 the sad
company by the owner or owners thereof; and
thereto and shall have, hold and enjoy the same
SO long the same shall be used for The purposes
Of said road, and no longer, unless the person or
persons owning the IanG at the time that part OF
the SAID road which may be on said land was
finished, or those claiming under him, her or them,
shall apply for an assessment of the value OF said
lands heretofore directed, within two years next
after that part Of saId road which may be on the
said land as finished; and in case the said owner
cia aipnipu her
them, shall not apply within two years next after
the said part was finished. he, she they shall
forever be barred from recovering said land, or
having any assessment or compensation therefor:
P0Uldcd That nothing herein contained shall az
feet the rights Of jeHIe cOUeytS or aptantS, until two
years after the removal of respective disabilities.
SEC. %. That all lands not heretofore granted
TO any person, appropriated by law 10 the use
Of the State, wiihin hundred feet of the cSntre
OF said road which may be constructed by said
company, shall vest in he sud company soon
the line of the road is definitely laid out through
il and any grant Of said land thereafter shall be
void.
SEC. 20. Be IL further enacted, That if any
person or persons shall inrude upon the said road
by any manner OF use thereof, or of The rights and
privileges connected herewith without the per-
mission, contrary to the will OF the said company,
he, she or they may be indicted for misdeneanor,
and upon conviction fined ana imprisoned by any
court of competent Jurisdiction.
SEC. 30. BE a. further enacted, That if any
person shall wiIluiIy and maIicousy destroy or
i'll any manner hurt damage, obstruct, or
shall wiltuIly and maliciousy cause, aid or
sist, or counsel and advise any other person or
persons TO destroy, or any manner hur. or
damage or ohstruct or njure said railroad, or any
bridge or vehicle used for or in the transportation
thereon any water tanks, warehouse, or any other
property Of said company, such person or per sons
offending shall be liable to tie indicted therefor,
and on conviction shall be imprisoned not more
than twelve ner less than month, and pay
fine not less than twenty more than five hum
6red dollars, at the discretion of The court before
which said conviction shall take place ; and shall
be further liable to pay all expense Of repairing
the same and it shall not be competent for any
person offending against the provisions o! this
clause To de'eDd himself by pleading giving in
evidence that he was the owner, agent or servant
Of the owner Of the land, when such destruction,
damage, injury obstruction done, at the
time the same was done caused TO be DONE
SEC. 81 BE 1t J"rtter enncted, That every OBJ
srucon 10 the safe and free passage Of vehicles
said road or It's branches, shall be deemed
public nuisance, and may be abated as such by
any officer, agent or servant Of said company,
and The person causing such obstruction may DO
indicted and punished for erecting public nui.
sance.
SEC 81. lie nJHTTIteF eTHC(c0 ihdt the SaId
company shall have The right 10 take al The STORE
house they may establish on, or annex TO, their
railroad or branches thereof all goods, wares,
merchandise and produce intended for transporra-
ton, prescribe the rules Of priority, and charge
and receive such just and reasonable compensation
for storage as they may by rules establish (Which
rates they shall cause 10 be pubshed) or az may
be fixed by agreement with the owner, which may
be distinct from the rates OF transportation Pro.
Vtdcd That the said company shall not charge or
receive storage on goods, wares, merchandise or
produce which may be delivered to them al the
regular d"rositores for immediate transportation.
and which the company may have power TO trans
port Immediately.
SEC. 80. BE Il fitrtter cracfed, That the profits
of the company, or mucn thereof as The gene
raj board may deem advisable shall, when The
affairs Of the company will permit, be semi.annu-
ally divided among the stockholders in proportion
to the stock which each may own
SEC. 81. That the following officers and ser.
wants, persons 10 the actual employment OF said
company, be and are hereby exempt from the per.
lormance Of jury and ordinary military duty
The President and Treasurer OF The Board OF Di.
rectors the Chief and Assistant Engineers, the
Secretaries and Accountants Of tho company,
Keepers Of :he Dep0sories. Guard stationed on
The road protect it from injury. and such other
persons may lie working the locomotives, en-
gines, ard travelling With The cars for The purpose
Of attending the transportation OF goods, produce
anI Passengers said road.