Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-03-12

North Carolina connected with it. -
: IA. 30 Il .fuxther' ordained, That said company |
shall have the exclusive right of conveyance or
of persons, goods, merchandise and
prod,j over the road constructed 10y them, at such
charges as may be fixed upon BY majority of the
directors; and the said company may farm out
their rights Of transportation over their said Rail-
road, subject to the rules above mentioned and
said COZ pany and every person who may have re, +
ceiyed from them the right OF transportation Of !
goods, wares and produce on said road, shall be |
deemed and taken to be q common carrier, as re-
spects every thing ENTRUSTED to them or him TOR |
..s,g -z--a 81. -
10. Be 1T further ordained, That the Board of
Directors may call for the payment Of the sums sub
scrbed as stock in said company in such install |
ments as the Interest Of the said company may re-
quire; the call for each payment shall be published
IN one or moro papers III this State tor two months
before the day OF payment, and en- failure OF any
stockholdcr to pay each inS.ament thus required
the directors may sell at public auctioA prevl
Gus notice OF ten days, for cash, all tie stock sub
scrl6ed Tor IN said company by such stockholders.
and convey the same to the purchaser at said sale
discharged from further liabilities, and if said sale
OF stock does not produce sum sufficient to pay of
the incidental expenses of SALE and the entire
amount owing by such stockho,der to the company
for such subscription If stock, then and in that
the whole of such balance shall be held and taken
as due at once to the company, and may be recov
cred Of such stakeholder or his executors admins
traitors or assigns, at suit of said company either by
summary motion i'll any court OF supreme jnri>Gic
ton in the county where the delinquent resides on
previous notice of ten days to said subscribers, or
by act of assumpsit in any court CT competent ju
rlsdiction, or by warrant before Justice of the
Peace, when the sum does not exceed one hundred
dollars; and in all cases Of assgnnt mt of Stock be-
fore the whole amount has been paid to the compa
ny, then, for all sums due such stuck. both the
original subscI berS and the first and all the subse
quent aSsgnees shall be held liable to the company,
and the same may he recovered as above described
Is. BE it further ordained, That said company
shall issue certificates of stock to its members and
said stock may be transferred in snch manner and
form as may be directed by the by laws of the COM
pny.
IT, Be 1t further ordained, That the debt Of the.
stockholders due to the company for stock therein
either orgna! proprietor, first and subsequent
assignee, shall be considered with equal dignity
with judgments in the distribution of the assets OF
deceased stakeholder, by his legal representa-
tives
lS. BE IL further ordained, That the Board Of
Directors Shall, once year at least, make full re-
port the state of the company and its affairs. to
a general meeting Of the stockholders, and oftener
If required by a bylaw. and shall have power to
call general meeting OF the stockholders when the
Board may deem expedlent and the company may
provide their bylaws for occasional meetings
being called, and prescribe the mode thereof
IL. BE it further ordained, That the said com
pany may purchase, have and hold in fee or Tor
term of years, any LANDS, tenemen,s. or heredta
mentS which may be necessary for said road. or ap
purtenances thereof or for the erection of dcposto
RES store houses. houses for the officers, servants
agents of the company, or Tor the work shops Or
foundries to be used for said company, for pro
curing stone other materials necessary the
s,ruclon of the road or for eectns transportation
thereon.
90 Be it further ordained That the company
shall have the right when necessary, to conduct the
! said road across along any public road or water
course: Pr0riied, That the said company shall not
5bstruct any public road without constructing an
other equally good and Convenient.
81. BE ii further ordained, That when any land
! or right of way may be required by said company
for the purpose OF constructing their road and for
want of agreement to the value thereof for any
other cause the not be purchased from the
| owner owners-the Same may be taken at vau
alton to be made by five irrehoders selected by the
County Court in the county where the right of way
is situated Pforiied nersrheLss, That if any per.
son or persons owe. whose lands the road may pass
or il SAID company sioux, DC dissatisfied with the
valuation of said treeholders, then and in tina: case
the party dissatisfied may have an appeal to the
| Superior Court IN the county where the damage j:
| done, or in either county where the land may l,t
under the rules regulations and restrictions AZ
in other classas ofappca the proceeding OF the salt
freehoders accompanied with full descrip t!on o
said land or right of way, shall be returned under
the hands and seals ofa ority Of hem to the cour
from which the order Was ma,lc there to remain
matter of record and the lands right of way 81
valued, shall vest i'll the said company so long a
the same may he used for purposes OF said railroad
as soon as the valuation shall have been made, o.
when refused may have been rendered. Prorided
That application for the appointment of Tree
holders under this section it shall he .de to appea
to the satisfaction Of the court that at least ten day
previous notice has been gwen 10y the applicant t.
the owner or owners of the land proposed to 5e con
denned, or II the owner Or owners be infants or moi
comp7s mentis, then TO the guardian or guardians o
such owner or owners lfSuch guardian can he foun
within the county, or il he cannot be found the
such appointment shall not be made unless motto
of the application shall have been published at cas
one month next preceding III Some newspaper print
ed as conveniently may be to the court louise G
the county, and shall have been posted at the doc
OF the court house on the first day of the term
said cOurt'to which the application is made: ProciG
ell further, That the valuation provided for in th
section shall be made on oath by the freebooter
aforesaid which oath any Justice of the Peace, q
clerk, is authorized to administer: Propided, fu,
tier That the right of condemnation herein granted
shall not authorize the said company to invade tn
dwelling house, yard, garden or burial ground ,
any individual without his consent.
o. Be 1t Jurther ordained, That the right of sal
company to condemn lands in the manner as afor
said, shall extend to the condemning one hundrc
feet on each side Of the tract of the road measnrn
from the centre of the same unless in case Of dec
cuts and Filings, when said company shall ha,
power to condemn as much in addition thereto
may be necessary for the purpose of s,nstructin
SAID road, and the company shall also have pow,
to condemn and appropriate lands in like niann
for the constructing and 5aild,ng of depots. shop
warehouses. buildings for servants, agents and ne
sons employed on the road not exceeding four acr
to any one lot o, station
! u. Bs it further ordained. That in the ahsen,
OF any contract or contracts with said compan,
relation to the lands through which the sad ros
may pass, signed by the owner thereof or his age
or any claimant or person in possession thereof.
i snail be presumed that the land upon which Il
SAID road may be constructed, together with Il
pace of one hundred feet on each side of The cent
Al