The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1857-02-17
CHARLOTTE AND
RUTHERFORD RAILROAD.

/ SECTION /. Be it enacted by the General
| Assembly of the State of North Carolina,
and it is hereby enacted By the authority OF
the same, That the acts of last General
Assembly, incorporating the Wilmington.
Charlotte and Rutherford Railroad Com
pany be, and the same are hereby altered
and amended in the particulars hereinafter
recited, majority of the stockholders OF
said company in general meeting concur
ring therein. It shall be competent for said
company to commence the construction
and completion of said road at any eligible
point, on the west bank of the northwest
branch of the Cape Fear river, and from
that point as a temporary terminus, to con-
tinue the work westwardly as if said point
had been mentioned in the original charter,
with the other points named therein; and
that it shall likewise be competent for said
company at future day to extend their
road eastwardly, near, or into the town OF
Wilmington, on the east side of the Cape
Fear river and until the town and the said
temporary terminus shall be connected by
such eastern extension, the said compa-
ny shall have power and authority to
| purchase or lease, and to erect, have and
to hold all necessary wharves. warehouses
or other structures within said town, and
to connect with said temporary terminus
by means of steam or other boats Or vessels
10 be used on said river for that purpose.
Sec 2. Be it further enacted, That in
case the railroad company shall fail to build
that portion of the road between said tenn
porary terminus and the town of Whining
ton. within six years from and after the
! passe ge of this act, that then said town of
Wilmington, as corporation, or the citi-
Gems thereof,>or both combined, shall have
power and authority to build said portion
of the road, and for the cost of the same.
t.le railroad company shall issue certificates
of stock to the parties entitled thereto, as
cont iibutors to said work.
SEC g.. Be it her enacted, That the
said road shall consist of two great divis-
ions eastern commencing at the Temporal
ry or other eastern terminus, and terminal
| ing at Charlotte; and the western commence
ing at that point, to be regularly built to
| the western terminus of said road and that
each of said divisions shall be built in Sec
tons of twenty-five miles each, save the
last section of each division, which may be
less; and save also the portion from the
town of Wilmington to the aforesaid tenn
porary terminus, which shall constitute a
separate and distinct section, whatever ma V
be its length, and whenever the same may
be built.
SEC 4. Be it further enacted, That moth
ing in this act and the original charter shall
be so construed as to prevent the said COM
pany from putting under contract the
whole, or any part of their road, at any
time, so as to prepare the roadbed, bridges
and trustle, for the reception of the super
structure, at the earliest practicable day.
1t shall likewise be competent for the COM
pany to commence and complete either
division of the road by itself; or to COM
mence and prosecute the work on both d.
visions at one and the same time and the
mortgage and pledge required to be execut-
ed upon the completion of the first section
of either division as aforesaid, shall be
drawn, held and taken as applying to each
| of the great divisions of the road, as sepa-
rate and distinct works, and as if said d.
visions were included in separate and dis.
tinct mortgages and pledges, subjecting
either division to forfeiture and foreclosure,
for failure on It's part, and authorizing
and requiring foreclosure and forfeiture
of that division only, which shall fail to
comply with the conditions thereof And
said mortgage and pledge shall be so drawn,
held and construed, until the two divisions
shall be completed, and thenceforth the
fulflment of the conditions, as to the entire
liabilities of the company, shall attach to
the entire road, and subject the whole work
as aforesaid, to forfeiture upon the nom per-
Torrance of the conditions and provisions
required of the two divisions separately as
aforesaid.
Sec 5. Be it further enacted, That the
said company shall have power and autholi-
ty to open books for subscription for the
capital stock of the company from time to
time, and when they may deem the same
practicable with the means they may have
at command. They shall have authority
to construct branch from some suitable
point on the line of their road to the town
of Fayetteville and also to locate and con-
struct one or more branches from their
main stem in the counties of Richmond and
Arson to the coalfelds in the counties of
Moore and Montgomery and likewise con-
struct a branch from their main stem, in
the county of Richmond, to the town of
Gold Hill, and that said branches, and each
of them, shall be built agreeably to the pro-
visions and limitations applicable to the
main stem, as part of the eastern division
of said road and shall be included in the
mortgage and pledge required to be made
to the State as aforesaid.
Sec 6. Be it further enacted, That each