The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1873-03-19

CarolIna Railroad Company between
Waynesyille, Haywood county. and
Paint Rock. Madison county, MA
AsheviIle, North Carolina, so far as
may be necessary for them to build,
construct. complete, own and run
said Road between the points last
aforesaid. PROVIDED, That none of
said rights, privileges, franchises, or
property. shall rest in this corpora
ton unless the provisions of this act
are complied with. Prorided further,
That nothing herein contained shall
be SO construed, in any way or man
ner, as to give the corporation named
in this act, their successors or assigns,
any of the rights. privileges, proper
ty or franchise of the Western Diyis-
ion Of the Western North Carolina
Railroad. except simply to pat into
their possession and transfer to them
the road bed and right of way be-
tween Waynesville and Paint Rock,
including the grading and masonry
now done between said points last
named. and no more
SEC. II. That said corporation
shall begin the work of the compile
ton of the Western North Carolina
Railroad within six months after
they shall have the right and title to
the property and franchises of the
Western North Carolina Railroad
Company. free of litigation on the
part Of the State, that the said com.
pany shall complete the said Road
from Old Fort, in Mcdowell county,
to Paint Rock in Madison county,
North Carolina, within three years
from the time they get possession of
the same; that they shall complete
the Road from or near Asheville, to
Waynesville, Haywood county, with
in four years from the time they
shall get possession of the said
Western North Carolina Railroad.
That said company shall not at any
time continuously for two months
suspend work upon said Road, and
if the said company shall fail to
comply, in any of the above several
respects, with the provisions of this
section. then they shall pay, as liqui-
dated damages to the State of North
Carolina, 100000 for each and
every failure, or noncompliance.
SEC. Is. That said corporation
shall have no power to discriminate
in the tariff for passengers or freight
against any Railroad constructed
west of Asheville, in the direction of
Ducktewn. or against the Carolina
Central Railway Company, connect
ing. or which may connect, with the
line of road or roads to be built
under the provisions of this act.
SEC. IA. That should the West
ern North Carolina Railroad, that is
to say. the Eastern Division of the
same, be sold, either publicly or
privately by commissioners, or any
other persons empowered to make
sale Of said road. by any act or res
olution passed during the present
session of the General Assembly, or
at any future session, or by or under
any decree of any Court, made or
hereafter to be made, the purchaser,
or purchasers. at any such sale shall
be, and they are hereby constituted
incorporators, under this act, and
shall succeed to all the franchises,
privileges and immunities Of the
said Western North Carolina Rail
road Company. upon their comply
ing with the provisions of this act
as fully and completely as if they
were the original incorporates
herein named.
SEC. Is. That all laws. and clauses
Of laws, in, conflict with any Of the
provisions of this act be, and the
same are hereby repealed.
SEC. 16. That this act shall be
in force from and after its ratifca-
ton.
In General Assembly read three
times, and ratified this Sd day of
March, A. D. 1873.
J. L. ROBINSON,
Speaker of the House.
c. II. BROGDEN,
President of the Senate.
RALEIGH, March Sd, rs.