The news & observer., 1897-01-30

erty Of such foreign corporaltcon Wlllch
may be subject to sale under execution
under the laws of this States
| Sec. f. I1hat where any action shall
+! hereafter be brought under the provisions
Of this Act or of any other law or where
any action is now pending (other than
/ criminal prosecution), in which it shall
! appear tlett the State is interested,
! whether brought under the authority of
! this Act or ON the relation of a State Of
| fcer or by a citizen or taxpayer ON be-
! half of the people, such action shall be
/ advanced ON the trial docket Of the Su-
/ perior court and on the docket Of the
! Supreme court and tried or heard in
! preference to any other ciyil action; or
| upon request Of The Governor without
awaiting the disposition Of the criminal
docket of a court or district as tihe case
may be,
Sec. 3. Amy nonresident corporation
which shall on or after the first day OF
May A. d. 1897, Violate :5he first section
OF this Act or shall continue to do busi-
ness as a corporation within this State
after the revocation of its license in
pursuance of the provisions OF this Act,
shall be guilty OF a distinct msdemean
or every day that it may so continue to
do business in violation OF law, and
upon conviction 4hereof shall pay fine
of not less than one 6housand dollars
(S1, ,000) nor more tlDam three thousand
dollars. Such indictment shall lie tried
in the Superior court OF Criminal courts
of amy county wherein said foreign cor
poration does business. contrary to the
provisions of this Act, and shall be tried,
L At,r
ference to all other actions, and no pro-
scouting officer shall be authorized to
waive ahe right to have such indictment
advanced where the State is prepared
for trial. The Governor shall be author
lied and empowered to employ and COM
pensate counsel to prosecute such 6ndict-
memt as provided i'm tie preceding section
of this Act And the State shall have
the right to recover of any corporation
convicted ON such Indictment an allow
ance sufficient to reimburse the State for
expenses incurred III payment of costs
and counsel fees as ;sprovided I'm the fore
going section i'm reference to actions in
the nature Of quo w1arranto brought by
the Governor or Secretary of State.
See g. That any person who shall aid
or abet or assist a nonresident corpora
tion in doing business without lawful IL
cense and authority from the State of
North Carolina either as an officer, agent
employee, servant or in amy other capaci-
ty shall be guilty of a criminal offence,
and upon conviction thereof in the Super
ior or Criminal courts of any county IN
which the said corporation shall do busi-
ness contrary to Iaw, may be fined and
shall be imprisoned for not less than
four months In the county Jail nor more
than one year in the State prison IN
the discretion of the court.
Sec. z. The Governor of the State is
hereby authorized and empowered to
bring i'm the name of the State, and with
out giving undertaking or prosecution
bond, amy action Sssch the Attorney Gen
eral of this State is now authorized to
institute under section 604, 605, GOT or
$50 OF the Code of North Carolina, a.
gainst amy forssign corporation and to
employ amd pay counsel and TO recover
an allowance wi!len the State shall prevail
in said action, as hereinbefore provided,
where the Governor or Secretary of State
shall bring other actions by virtue of the
authority vested in them by this Act
Sec. g. That all Acts or parts of Acts of
the General Assembly of North Carolina
which have heretofore authorized the
construction Of any lime of railroad, or
the extension of any line of railroad al
ready constructed or equipped in whole
or i'm part, or the building of amy branch
of ratllroad so as to intersect or extend
within ten niles of the South Carolina
State line at any points between the cross
ing of the Cheraw and Salisbury Railroad
and the crossing of the Ohio River and
Charleston Railroad over said State line,
or which authorizes the construction Of
any line or lines of railroad so as to con-
meet the North Western North Carolina
Railroad, or any branch thereof, or the
railroad extending from Winston TO
Wikesboro lor the Cape Fear and 1adkln
Valley RAILROAD, with the Western North
Carolina Railroad, are hereby repealed,
and the Governor is authorized to bring
suit to enjotn and restrain the construc-
ton or extension of such railroad, and in
the exercise of such authority is clothed
with all the rights and powers as to
costs, bonds and counsel fees conferred
in the preceding sections of this Act.
Sec. 8. The Governor of North Caro-
lima is hereby empowered without giving
bond or undertaking TO bring civil ac-
tion in THE name of the State of North
Carolina for the purpose OF having de
clared Illegal, null and void a certain con-
tract entered into ON the first day Of JAM
uary 1896, between the North Carolina
Railroad Company and the Southern Rail-
way Company, whereby the former com
pany agreed to lease and demise TO the
last named company its franchise and
property with appurtenant rights and
privileges for the term Of ninety-nine
years; or any assignment OF said contract
or lease by said last named company to
and other person natural or artificial, or
at his discretion to have declared illegal,
null and void any contract for the leas-
ing and demising OF the said North Caro-
lima Railroad to any foreign corporation,
whether entered into before or since the
first day of January A. ID. 1896. The
Governor is hereby authorized also to
employ and pay counsel to bring said suit
and shall have the right to recover an