The Caucasian. (Clinton, N.C.) 188?-1913, 1897-02-18

9o0 a6AH - trte0 A0o o2of0 In the So
prene Coass in psxf~rssee 70 ali oshzs
scsions. ard M psosecesie9 cf6oss
shall be aushosfxed Co waive the right
TO have snGh indscfmeus advanced
vh<rv the state 10 prepared fer trial.
~mpogefe1 To employ and compensate
council 10 prosecute such indiefsnent
- provided In the preceding section Ct
this act And the state shall have The
right TO recover Il any cespoeasicn.
convicted On such iodictmeos, an AL
iovsnce sufficient TO seimb urse the
State for ex p~nses incurred 10 payment
| of costs and counsel fees - 10 prov ded
| In the foregoing section in reference To
actions in the nai ure OF quo rarranio
brought By the Governor Or Secretary
Of State.
SIG. 9. That any person Who shail Aid
| or abet or assist . non-resident corpo-
ration Ia do business. or in taking tock
as 1ereinbeiore prohibited, without
lawful iicrose and authority from the
STATE Of North Carolins, either ~ an
Officer, agent, employee. servant. or b,
| allowing stock really Owned by a for
sign cor perati1n 10 be put la h. nsme
shall be guilty Of q erimieai offens~,
and upon conviction Thereof in the Su
perioF OF Criminal Court Of any county
in which the said corporation shsii DE-
| business contrary TO Law, may be fined
or De impTi-on. for not less thAn four
months in lie county jail nor more
| than one year in the State prison 10
the discretion of the court or both.
SEC. Z. The Governor OF the State IL
hereby authorized and empowered to
| bring in the name of the State, and
without giving undertaking or prose
cutiOn bond, any action which the At
torney General of this State is now
authorized to institute under Sec
tions Goa, eos, CO., or CSC of The Code Of
North Carolina, against any foreign
corporation. and to employ and pay
counsel, and to recover an allowance
when 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. 8. That it shall henceforth BE-
unlawful for any railroad company
chartered by this State to hold any
stockholders meeting outside of tn s
State, and provisions in its charter to
the contrary Notwithstanding. and il
shall be unlawful for it not to hold it,
regular meeting for the election of off,
GERS at least within twelve months of
from the last election. And any com.
binatiOn or conspiracy on the part of
fetal pers0ns) of any railroad company
toprevent quorum or majority of such
stockholders from attending or being
represented at the annual or lawfully
called meeting Of such railroad com
pan,es, fixed by their charters or by
laws, shall be deemed q misdemeanOr.
SEC. 9. The Governor of North Caro-
lima is hereby empowered, without Civ
ing bond or Undertaking, to bring b
civil action in the name Of the State of
North Carolina, for the purpose of hav
ing declared illegal, null and void q
certain contract entered into on the
18th day of August, 1896, between the
North Carolina Railroad Company and
The Southern Railway Company,
whereby the former company agreed t.
lease and demise to the last named
company its franchise and property
with appurtenanCp, rights aud privi-
leges for the term of ninety-nine ears:
or any assignment of said contract or
lease by said last named company to
any other person, natural or artificial.
or at his discretion to have declared H.
legal, null and void any contract for the
leasing and demising of the North Car
olina Railroad to any foreign CORPORA
ton, whether entered into before or
since the first day January, A. D. 1896
Tie Governor is hereby authorized also
to employ and pay counsel to bring said
suit, and shall have the right to Re cover
an allowance for costs and counsel fees
in the same manner as provided in the
preceding section as to other civil &C.
lions and criminal prosecutions which
he is hereinbefOre unauthorized to in
stltute or prosecute.
SEC. 10 That 1T shall be unlawful tn
assign or transfer either the contract
for the leasing and demising of the
North Carolina Railroad by the North
Carolina Railroad Company to the
Richmond and Danvllle Railroad Com
pany on the 18th day of September. A
D. 1871, or the said contract for the
leasing and demising of the said
railroad by the North Carolina Rail
road Company to the Southern Rail.
way Company entered into on the
10th day of August, A. D. 1896, to any
person or foreign or domestic corpor-
alton; and any corporation which
shall hereafter attempt to assign eth
er of said leases shall he guilty of A
criminal offense, and shall be punish
ed as provided in Section of this Act.
and where it shall be shown that any
lessee or sub-lessee is claiming under
or by virtue of an assignment of either
ofsaid leases, said assignment shall
be deemed prima focie evidence of an
attempt to evade the provisions of this
Act by indirectly exercising unlaw-
full dominion and authority over said
railroad.
Section ii. That in case said lease
entered into as aforesaid on the 18th
day of August, 1895, shall be declared
illegal, null and void by a final iudp-
ment in any action instituted Under
the provisions of this Act, or in the
event said lease shall be surrendered
by the lessee, or shall become in any
other way imperative or ineffective.
the President and Directors of the
North Carolina Railroad Company
after advising not less than four
months for bids to be received before.
and opened on day certain, aud after
the publication of the substance
OF all bids so opened by the
secretary of State by order OF the
Governor for the period of two
,AAcuohS Ill ~ l08SV three
newspapers published in the State
of North Carolina to- the end that
free and full expression of opinion
may be ELECTED from the TAXPAYERS of
the State, shall be authorized to lease
and demise the franchise and property
with appurtenant rights and privileges
Of the said North Carolina Railroad
Company for the term of twenty-vears
Sec. Ia. That any corporation which
may lease the North Carolina Railroad
shall be required. upon demand made
oy the Southern Railway Company or
It's assigns, or by any. COMPANY
succeeding to its rights and privileges
or by any other railroad company
whose line or lines shall connect with
the North Carolina Railroad at nora
than one point, to allow such Com
pany, making such demand, to use at |
a reasonablerate any portion of the
track OF the said North Carolina Rail-