Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-05-02
station, the quantity in such to be de-


contract or contracts, in relation to the
land through which said road or any
of its branches may pass, (signed by
the owner thereof, or his agent, or
some claimant or person in possession .
thereof, and which may be confirmed |
by the owner thereof it shall be pre-
sumed that the land over which said |
road, or any of its branches, may be
constituted, together with space of |
one hundred feet on each side of the |
centre of said railway, and the adj |
ditional space provided for in the fore |
going section, has been granted to said |
Company by the owner or owners |
thereof; and said Company shall have |
good right and title thereto, and shall |
hold and enjoy the same SO long as the |
same shall be used for the purposes of |
said railway, unless the person or
persons owning the land at the time
that part of the said railway which
may occupy said land was finished, or
those claiming under him, her or them,
shall apply for an assessment for the
value of said lands, as heretofore di-
rected, within two years next after that
part of the road which may be on said
land was finished and in case the said
owner or owners, or those claiming
IT'LL, VI S1lGIu, Slldu IlOU
apply within two years next after the
said part was finished, he, she or they
shall forever be barred from recovering
said land or having any assessment or
compensation therefor. But nothing
herein contained shall affect the rights
of .fCmc cOrcrts, or infants, until two
years after the removal of their re-
spective disabilities.
Sec. II. That all lands not hereto
fore granted to any person, now APP
prOpriated by law to the use of the
State, and being within one hundred
feet of the centre of Cor within the
space above authorized to be taken
| for) the said railway which may be
constructed by said Company, shall
vest III said Company, as soon as the
| line of its railway is definitely laid out
through it; and any grant of said
] land thereafter shall be void. That
| shall not extend to land belonging to
! the School fund.
| SEC. ID. That if any person or per-
sons shall intrude uponthc said road, by
any manner of use thereof, without
the permission, or contrary to the VII
of said Company, he, she or they, so
offending, may be indicted for INSIDE
meanor, ard, upon conviction thereof,
fined and imprisoned by any court OF
competent jurisdiction.
SEC: IA. That if any person shall
wilfully destroy, or in any manner
| hurt, damage or obstruct, or shall
| wilfully 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 obstrict, or injure
said railway, its track, engines, cars or
fixtures, or any bridge, car, engine OF
vehicle used for, or in, transportation
| thereon, or any water-tank, warehouse,
or other property of said Company,
! such person or persons SO offending
| shall be liable to Indictment therefor
| and on conviction shall be imprisoned
| for not more than twelve months nor
less than one month, and shall pay a
fine of not less than twenty nor more
than five hundred dollars, at the dis
erection of the court before which such
conviction shall take place, and shall
be further liable to pay all damage
done and all expenses of requiring the
same Aud it shall not be competent
| for any person SO offending against
the provisions of this clause to defend
himself by pleading or giving in evil
dence that he was the owner (or the
| agent or servant of the owner) of the
land when and where such destruction,
damage, injury or obstruction was
! done or caused to be done.
SEC. Is. Said Company may pur
chase the Wilmington, Charlotte
and Rutherford Railroad, at any
sale thereof which may be
made under the Judgment of
the Superior Court of New Hanover
county, in the action now pending in
said court for foreclosure OF the mort
gage on the franchise and property of
said Railroad Company, i'll which ac-
| ton the State has made itself party.
defendant as provided by acts of As
sembly, or at any other sale that may
be made thereof; and may thenceforth
| have, hold, possess and be entitled to
the said railroad, extending from vii
mington to Rutherfordton, about 90
miles and all its contracts. franchises,
rights, privileges and immunities and
all the estate and property OF every
| description, real and personal, belong
| ing to the said Wilmington, Char
| lotte and Rutherford Railroad Com
pany. And by such purchase the said
Company, hereby Incorporated, shall
| acquire allthe rights, privileges and I'M
! munities conferred upon the Whining
| ton, Charlotte and Rutherford Rail
EOEu bN us ClldrjpE aIi,t Tie
amendments mado thereto. And in
| case the said corporation shall purchase
the property of the Wilmington, Char
| lotte and Rutherford Railroad Com
pany, it shall not be lawful for the said
corporation to take up the track of that
part OF the road west Of Charlotte, or
any part thereof.
SEC. 16. Said corporation, in case il
shall become the purchaser of the VIII
mington, Charlotte aud rutherford
Railroad, is authorized to complete the
construction of said railroad. III the
manner and by means the most practi-
cable, and shall have all the necessary
powers for doing SO hiIt it shall have
no power to change the line Of that
part of the road already completed |
but it may make such necessary changes
as may be deemed advisable in the line
or route already surveyed, but which
has not been completed west OF Char
lotte ; and il said Company shall be
come the purchaser of said road, and
shall not complete the Same from VIII
mington to the city of Charlotte with
in the space of three years thereafter.
then the corporation, hereby created. |
shall forfeit all It's rights (to extend its |
road beyond its present western ter- |
MINUS.
SEC. Il. Said Company may pur- |
chase, own or possess, (alone or IL con- |
nection with any other company or in |
dividuals) steamboats, and other vessels |
to ply and sail to and from the port of |
Wilmington, to and from any other i
city or place, III the United |
States or elsewhere and may |
take and secure for its use such rates |
of pay for transporting freight and
passengers, or for other accommodation
in by or with said boats or vessels, as
they may from time to time establish
Or contract for with their customers
SEC. Is. For the purpose of raising
money to accomplish the purpose of
this act, said Company may, at its
option, make, execute and issue it's
bonds payable with the interest thereon,
either III United States currency orgold,
and in this country or any foreign conn |