Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-12-20

navigate such stIealn, which draw shall mo
opened by the Company for the free nas
sage OF such vessels as navigate emn1,
stream. 7" Sucli
SEC. =. That Wien any lands or riot,
way may be demanded by said Co,5nan y,
Tor tue purpose Of CONSTRUCTING tit;
way or branches, and for tIe - IL
agreement as to the value thereof or fror,
| any other cause, the same cannot Ina mr.
! chased from the owner or owners ~ o III
| may be taken a. a valuation To no n, 80 ~.
| five commissioners, or majority of tIo''J
to be appointed hy the Clerk Cr tha 81
| periOr Court of the county pbe,a e,o,',',
part OF the land or right Of wav is eytarfa-'
In making said valuation, tie said con,
| hlSSlonetS shall Ike into consideration "a.
loss OF damage which may accrue 10 tbn
owner or owners in Consequence RI ~
land or right Of way beiro srrre,,Iana,
ana the benefit and advantage he. sl,a o.
| tney may receive from the eractioo Or
adjustment Cf the railway or other vol,
and shall state particularly the o,no,i,.
ana value OF each and the excess Of Lace
| and damage over the benefit and ADVANTAGE
shall form the measure Of valuation of sa;I
| land or right of way. PrOri1ed uoroyJL.
less, That if any person or persons oyar
whose lands said railway or branches may
pass, the Company be dissatisfied with ,hs
valuation OF said commissioners, then ard
in that case, the person or persons or This
Company, SO dissatisfied, may have an A.,
peal to the Superior Court in the comfy
where said valuation has been made or i,
either county in which the land lies. when
it may lie in more counties than one. Tho
proceedings of the said commissioners. 90.
companied with fun description of said
land or right OF way, shall be returned
under the band and seal of the commits
sioners, to the Court from which the com
MISSION issued there to remain matter of
record. And the lands or right of way, Sc.
valued by said commissioners, shall vest in
the said Company SO lorg as tie same shall
be used FOR the purp. Sc Of said railway. so
soon as the valuation may be paid, CT when
refused, may have been rendered Pro-
rded, That on application for the appoint
ment 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 or owners Of land so proposed to
be condemned or if the owner or owner;
, be Infants ornOn cOmpO& Dle1ltiS, then TO Tie
guardian of such owner or owners, if such
guardian can be found within the county
? or ii he cannot De so found, then such APP
pointment shall not be made unless notice
. Ofthe application shall have been published
. at least one month preceding in some news
paper printed convenient as may be to the
: court house Of the county. PrOridca
. further, That the valuation provided for in
. this section shall be made on oath by the
= commissioners aforesaid, which oath any
4 Justice Of the Peace or Clerk Of the ST.
G peli0r Court Of the county in which the
: land, or any part thereof, lies, is hereby
2 empowered to administer. Prorided
!, further, That the right of condemnation
!, herein granted shall not authorize the said
e Company to invade the dwelling house.
e yard, garden, or burial ground of any indi-
: vidual, without his consent.
: SEC. 10. That the right Of said company
e TO condemn lands in tie manner described
e in the 9th section Of this act shall extend
y to condemnng of one hundred feet on
y each side OF the main track of the road,
y measuring from the centre of the same,
d unless in case Of deep cuts and Filings,
: when said company shall have the right To
y condemn so much iii addition thereto as
q shall be necessary for the construction Of
S said railway, and the company shall also
7 have power to condemn any appropriate
e ! lands in like manner for the constructing
t and building Of lateral roads and branches
s and depOts, shops, warehouses, BUILDINGS
y for servants, agents, and persons employed
D on said railway, not exceeding two acres
n in any one lot or station.
:, SEC. II. That in the absence Of any
: contract or contracts, in relation TO land
n through " h,h said road or any of its branch
n es may pass, signed by the owner thereof,
s or lis agent, or any claimant OF persons in
! possession thereof, which may be CON
! hrmed by the owner thereof, il shall be
7 presumed that the land over which said
D road, or any Of its branches may be con-
: struCted, together with a space Of one
: hundred feet OH each side Of the centre Of
4 said railway, has been granted TO the said
/ company by the owner or owners thereof:
| and the said company shall have good
right and title thereto, and shall hold and
2 enjoy the same so long as the same shall he
l used for the purpose Of said railway, and
no longer, unless the person or presonS
owning the land at the time, that part of
} the said railway which may lie on said land
was finished, or those claiming under him,
her or them, shall apply for an assessment
} of the value Of said lands as heretofore
directed, within two years next after that
: part of the road which may be Oh the said
land was finished and in case the said
5 owner or owners, Or those claiming under
him, Eer CT them, shall not apply within
two years next after the said part was
finished, lie, she or they shall forever be
: barred from recovering said land, or having
! any assessment or compensation therefor:
PT0rjdel, That nothing herein contained
, shall effect the rights Of tcne cOueytS, on
infants, until two years after the removal
Of their respective disabilities.
SEC. II. That ali lands not heretofore
granted TO any person, nor appropriated by
law to the u3e Of the State within one
hundred feet Of the centre Of said road.
which may be constructed by said com
pany, shall vest in said company, so soon
as the line Of the railway is definitely laid
out through it; and any grant Of said land
thereafter shall be void.
SEC. -. lie IL further cau"icd, That if
any person Or perSOus shall intrudc upon,
the said road by any manner Of use thereof
without the permission, or contrary to the
will Of The said company, hc, She, they
may be Indicted ipr migdemcanor and
upon conviction, fined and imprisoned by
any Court Of competent jurisdiction.
SEC. II. BE Il jUthcr cadctcd, That if
any person shall wiliully destroy, or in any
manner hurt or damage, or obstruct, or
shall willully cause, or aid or assist, or
counsel and advise any other person or
persons to destroy, or in any way to hurt
or damage, Or obstrlct, or iniure said rail
way, any bridge, vehicle used for or
iii the transfoltion thereon, any wafer
tanks, warehouses; or any other property
OF said Company, such person or persons
so offending shall be liable to be indicted
therefor, and on conviction shall be i'm
prisOned for not more than twelve, nor less
than one month. ard pay a fine not less
than twenty, or more than five hundred
dollars, at the discretion Of the Court be-
fore which said conviction shall take place
and shall be further liable to pay all ex-
penses Of repairing the sane and it shall
! not be competent for any person 50 ofieId-
ing against the provisions of this clause to
defrnd himself by pleading or giving in
evidence that he was the owner, agent, Or