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Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) online

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enact ^ That the board of county commissioners of the coun-
ty of Henderson be and they are hereby authorized and
empowered to use the said sum of eighteen hundred and
sixty-two dollars (^1862) received from the levy of the spe-
cial tax heretofore collected to pay off certain railroad
bonds, which said indebtedness has been compromised and
settled in full by the county commissioners, for the purpose
of hquidating the general indebtedness ot the county of

Sec. 2. This act shall be in force from and after its rat-

Ilatilied the 5th day of March, A. D. 1877.





Section 1. The General Assembly of North Carolina do
enact, Enochville, in the count}'' of Rowan, is hereby in-
corpora.ed by the name of the "Town of Enochville,"
and shall be subjtct to all the provisions of chapter one
hundred and eleven of the Revised Cjds and Battle's-

1870-77 — CriAPTER 185 — 186. 361

Sec. 2. The corporate limits of said town shall be one-
half of a mile north, south, east and west from St. Enoch's <^'oi-porate umita.
Evangelical Lutheran churcli, forming a square around

Sec. 3. An election shall be held on the first Monday
in May, anno domini one thousand eight hundred and Election,
seventy-seven, and each successive year, for a mayor and
three commissioners, and persons living for ninety days
within the corporate limits of said town, and qualified to
vote for members of the general assembly, shall vote at
Scid election.

Sec. 4. It shall be unlawful for any person, either
direct!}- or indirectly, to sell or give away, within two spirituous nq-
miles of St. Enoch's Evangelical Lutheran cinirch, any
spirituous or intoxicating lic^uors, and any person oH'end-
ing against the provisions of this act shall be guihy of
a misdemeanor, and on conviction thereof shall be fined
not more than fifty dollars or imprisoned not more than
thirty days.

Sec. 5. This act shall be in force from and after its

Ratified the 6th day of Marcli, A. D. 1877.




SiX'TiON 1. The General Assembly of North Carolina do
enact, That section one, of chai)ter two Inindred and forty-

Secllon 1, chapt«-

three, of the laws of one thou.sand eiglit luindred and ii'-''' '?;!? 'dlA**^**"

i).'i, amended.


1876-'77— Cjiapter ISG.





fifty-four and one thousand eight huiuh-od and fifty-five,
be so amended as to read as follows : That an election
shall be held in the town of Murfrecsboro on the first
Monday in May, one tliousand eight hundred and sev-
enty-seven, and annually thereafter on the same day, for
the election by the qualified voters thereof, of a mayor
and five commissioners, who shall hold their office for
the term of one year, and until their successors shall be
duly elected and qualified : Provided, That no one shall
be eligible to the said offices of mayor of commissioner
who has not been a resident of the state for one year and
a resident of the said town for the period of ninety days.

Sec. 2. That section three of said chapter be so amended
ofeiec- f^s to read as follows : The board of town commissioners
now in office shall appoint registrars and inspectors of
the election to be held in May, one thousand eight hun-
dred and seventy-seven, and the registrars so appointed
shall open their registration book on the Tliursday, Fri-
day and Saturday next preceding the day of election, in
some convenient place in said town, between the hours
of eight o'clock, a. m. and five o'clock p. m. of each day,
Avhen all persons legally entitled to register may do so.
The registrar so appointed may transter from the old
registration books such names only as the}^ know are
legally entitled to be transferred. At all future regis-
trations and elections the board of comaiissioners elected
under this act shall appoint registrars and inspectors who
shall be governed by the provisions of this act.

Skc. 3. That section four of said act be amended by
striking out all after the word " ability," in the sixth
line, and insert in lieu thereof, '' the said justice of the
peace shall certify the same to the clerk of the said board
of town commissioners who shall record the oame on the
record of said town." That after the word " commis-
sioners," in the first line, insert the words, "and mayor."

Skc. 4. That section five of said act be amended by

1870-77 — Chapter 18(5. SO'i

striking out all alter the word " cominissiuuer," in the •■^'"endcd.
eighth line thereof

Skc. 5. That section six of said act be amended so as to
read as follows : " The hoard of commissioners so elected
shall meet once every mi)nth. The mayor shall preside
at the meetings of the buard of commissioners, but shall
not be entitled to a vote except in case of a tie, when he
shall give the easting vote. In case of the absence of the
mayor the boanl of commissioners snail elect one of their
own number m ay or pi'O tempore, who shall be allowed to
vote as a commissioner, and also to cast his vote in case
of a tie. All the contracts and other afficial acts of the
board shall be assigned by the clerk and authentica'ed
by the signature of the mayor. In case of vacancy by
death, resignation or otherwise occurring in the said
board of commissioners, the said vacancN shall be filK'il
by election .by the said board of commissioners.

Sec. 6. That section eight of said act be amended by
inserting after the word " of," in line eight, the words section 8 amend-
" the mayor or," and by striking out of the last line of
said section all alter the word " town," and insert " to be
used under direction of said boaid of commissioners ex-
clusively for the beneht of said town."

Sec. 7. That sections seventeen and nineteen of said i^^peaied.
act be and the same are hereby repeaU'd.

Sec. 8. That all laws or j)arts of laws in conflict with conflicting i:iws.
this act are hereby repeaUd.

Sec. 9. That this act be in force from and after its

Katihed the Gth dav of March, A. D. 1877.

364 187G-'77— Chapter 187—188.



Section 1. Ihe General Assembbj of No)'th Carolina do
anVBuckhmn cnact : That the townships of Averasboro and Buckhorn,
in tlie county of Harnett-, be diviiled so as to restore the
township of tlie Grove in Averasboro and Hector's creek
in Buckhorn — the lines of <livision to be the same as
those dividing- these townships prior to one thousand eiglit
hundred and sixty-eij^ht.

Sec. 2. That this act shall be in force from its ratiftca-

Ratified the Gth day of March, A. D. 1877.




eight, battle's REVISAL.

Section 1. The General Assembly of North Carolina do
^ection 4fi cbap- enact : Tiiat section forty-six, of chapter seventy-eight, of

ter (8 of Battle s J ' r j ^ ^

Eevisai repealed. Battle's Rcvisal, be and the same is hereby repealed.

Sec. 2. That this act shall be in force from and after
its ratification.

Ratified the Gth day of March, A. D. 1877.

lS7i')-77 — CiiArTKK 180. 305



Section 1, The General Assembli/ of North Carolina do
enact, That there shall be laid out aud established a public ^'"^ ^^ '•««<J-
road, commencing at or near Phiueas llorton's store, in
"Wilkes county, by amending (heStoncy Fork road to John
Key's ; thence the mosr pi'acticable route up Stoncy Fork
creek to Larkin Bishop's mill; thence to amend the said
Stoney Fork and Deep Gap road to the Deep Gap of the
Blue Ridge, in Watauga county.

Sec. 2. That the said road shall be made sixteen feet
wide, and in no part of the road shall it rise, on ascending ^^ '^*'^-
-any hill or mountain, more than one foot in sixteen, and to
be well made as herein directed.

Sec. 3. That James Ilorton aud "Willis AVarters, of
Wilkes count V, and Wm. E. Greene, of Watauga county Pe^ons arpoint-

•^ ' . -^ p(l to locale the

be, and they are liereby appointed to engineer and locate '■'^^'^■
said road, who shall, before entering upon their duties,
take an oath before some justice of the })cacc of one of the
said counties to faithfully discharge their duties for the
best interest of the two counties.

Sec. 4. That if the owners of any lands through which
said road shall pass, shall consider themselves injured there- Damages,
by, it shall be competent for each person so injured, by pe-
tition to the county commissioners of the county where the
land lies, praying for a jury to view the premises and lussess
the damages sustained; and it shall be the duty of the said
commissioners to order said jury to be smnmoned by the
sheriff of said county as in cases of such jiulilic roads, and
it shall be the duty of the jury to take into consideration
the benefit to tlie land, as well as the injury, by making
such road, and on the report of the jury made to, and con-

3G6 1876-^77— Chapter 18*J— 100.

firmed by the county conimissioiiers, the damages shall
be paid by the county in which the lands arc situated.
Sec. 5. That if any person shall claim damag-es, and call
Expocsps. for a jury to assess them and none be found, the person so

calling shall defray all the expenses in the case.

Sec. 0. That the county commissioners of each county
Commissioners named in this act, are hereby required to order out a suf-

to supply a suili- ' -' i

cieiit force. ficicut iiumber of the hands of their county liable tc^

Proviso. work on public roads to construct the road. Provided^

That tlic county commissioners shall be the judges as ta
the number of hands sufficient to construct said road.
And provided, further^ That the citizens of Watauga to
work down to Willis Waters' house. Provided, That
each count}^ shall be required to make that portion oi"
said road which passes through its territory'.

Sec. 7. That when said road has been constructed as;
To^T>e kept in or- herein provided, it shall be kept in order in the same
manner as other public roads.

Sec. 8. That the per diem of said engineers be fixecfi
by the count}' commissioners, and paid by the county in
which they reside.

Sec. 9. That this act shall be in force from and after itw

Eatified the Cth day of March, A. D. 1877.

Pet diem.



Section 1. The General Assembly of North Carolina do

Capital stock. enact : That a company may be formed with a capital

stock not to exceed three hundred and fifty thousand

dollars, to be divided into shai'es of twentv-five dollars

1870-77— Chaptkk 190. 36Tr

oiu-]i, to be known as the Polk County Xarrow Gauge
Rail Road Company, for the purpose of constructin<; a
narrow gauge rail road from some ]ioint on the Spartan-
burg and Asheville rail road at or near the Block House
in Polk county by way of Columbus to Mills Springs in
said county of Polk, which road may be extended at the
discretion of the company to Rutherfordton, in Ruther-
ford county, and Shelby, in Clc-aveland county, and said
company when formed and organized as herein after pro-
vided, shall have power and capacity to sue and be sued,
to plead and be impleaded, to receive, own and transfer
real and personal property, to have a common seal, and
to pass by-laws, not inconsistent ^vith the laws of the state i^y-'aws-
and have the right to ti'ansfer or carry any persons or ar-
ticles of commerce on such road, and at such rates as they
may fix.

Sec. 2. That for the purpose of creating the ca{)ital
stock of said company, J. C. McFarland, John Garrison, commissioners*
L. R. ^[cAboy, James Morris, R. S. Abrams, T. C. Rid-
ings, D. V. Rhodes, O. J. :N'elson, N. B. Hampton, W. M.
Justice, James Carpenter, J. M, Hamilton, James Jack
son, iS". Dinsdale, John Arledge, Geo. J. Mills and T. L.
Smith arc hereby appointed commissioners, a majority of
■whom may ap[)oint a committee whose duty it shall be
to open books for subsciiption at such times and places
as thoy shall deem best, and under such rules as they SubscriptioiK
shall prescribe, such subscriptions or any part thereof
may be received payable in land, money, labor, or ma-
terial necessary for the construction of said road or in-
lands, stock or valuable credits in such manner, and on
such terms as may be agreed upon.

Sec. 3. Tiiat it shall be lawful for any county, city or
incorporated town to subscribe to the capital stock of said Election,
rail road company, in such amount and on such terms
as they may be authorized to do by a majority of the
qualified voters of such county, city or town, and for the
])urposes of ascertaining the of the citizens of sucli
county, city or town the authorities thereof shall cause

368 1876-'77— Caapter 190.

an election to be held, first giving three months' notice
thereof at tlie court house door, and in case of a county,
at two public places in each township of said county, at
which election all persons qualified to vote for members
of the general assembly shall vote, and said ele3tion
shall be conducted under the rules and regulations gov-
erning elections for members of the general assembly.
Sec. 4. The county commissioners of any county, a

Tc»openti»e,pons. majority of such commissioners concurring, are empower-
ed to order the sheriff of such county, at suJi time and
on tlie notice in this act prescribed, to open the polls and
take the sense of the voters of such county, qualified to
vote for members of the general assembly, whether the
commissioners of such county shall subscribe to tlie stock
of said company for such sums as the order shall pro-
pose, and the sheriff shall make return of the number
voting for and against it to the said commissioners.
Sec. 5. That if u^jon the return of the sheriff it shall ap-

Resait of election pear that a majority of the qualified voters are in favor of
the subscription, then the said county comrnissioneis shall
appoint their chairman to make the subscription in be-
lialf of said county, which subscription may be paid for
in the bonds of said county, or in cash, as the county
commissioners may elect, upon such terms as may be
agreed upon by and between them, and the parties with
whom they may negotiate, the said county commissioners
shall order their chairman to issue county bonds, payable
at such times and places as a majority of said county
■commissioners shall direct, in sums of not less than fifty
nor more than one thousand dollars each, said bonds may
be made payable to said railroad company, or to bearer,
or to any person, as a majorty of said county commis-
sioners may direct ; said bonds shall have coupons at-
tached, and shall bear not less than six nor more than
eight per centum interest, to be fixed and agreed u|ion
by the commissioners, which interest shall be payable on
the first day of February in each and every year. The
said countv commissioners are herebv vested with full

1 8 7G-'77— Chapter 190. 369

\j>ower and authorit}- to raise money by taxation on laiul
-an<I other property within tlieir county, for the payment
'of-aiiy part of the subscription of such county that may
n^vdtK?, and for the payment of the principal and inter-
*s^ of the county bonds so issued as aforesaid, as the same
imay be due.

8ec. C. That the profiits of the company, or so much
rihereof as the board of directors may deem advisable, vu?"almonVthe
Fshall, when the afiflurs of the company will permit, be «^««''»^«'^'«''''-
.-.annually or semi-annually divided among the stockhold-

• 3rs in proportion to the stock that each may own.

Sec. 7. That said company may, when they see fit, faini
out their right of transportation over the said railroad, Right of tmua-
tsubject to the rules above named ; and said company,

• and every person who may receive from them the right
of transportation of persons, goods, wares and produce on
ithe said railroad, shall be deemed and taken to be a com-
>:iion carrier.

iSEC. S. That the said company may purchase, have
.-and hold in fee simple or fur a term of years, any lands, ^^^^^ P"^"^*^"^'
^tenements or hereditaments.

Sec. 9. That the said company shall have the right,
vwhen necessary, to conduct the said road across or along J.oss'l-o'idl!*
.any public or private road, or water course: Provided, Proviso.
'That the said company shall not obstruct any piibHc
iToad without constructing another equally as good and as

Sec. 10. That when any lands or right of way may be
E-equired by said company for the ])urpose of constructing i^'K'"-o''*i^-
^heir road, and for the want of agreement for any cause
tthe same cannot be purchased from the owner or owners
Tthe same may be taken at a valuation to be made by live
•-commissioners, or a majority of them, to be appointed by
•the clerk of the superior court of the county wiierein tho
'land is situated, upon petition in writing of tho company,
rand after five days service of a summons on the party or
3>arties owning the said land. In making the .'^aid valu-
••alion the said commissioners shall take into considera-


1870-77— Chapter 190.



Mny condemn

tioii the loss or damage that may acci'ue to the owner or
owners in consequence of the land or right of way bein.^
surrendered, and the benefit and advantage he, she or
they may receive for the erection or establishment of the-
railroad or work, and shall state particularly the value-
and amount of each, and the excess of loss and damage-
over and above the advantage and benefit, shall form the-
measure of valuation : Provided nevertheless, That the com-
pany or land owner may appeal, if dissatisfied, to the-
superior court of the county wherein the land or any part,
thereof lies, in the- same manner as appeals are taken,
from the judgments of a justice of the peace to the supe-
rior court. Tlie proceedings of the said commissioners.,
accompanied with a full description of the said land or
right of way, shall be returned under the hand and seals;
of a majority of thecommissioners to the court from which,
the commission issued, there to j-emain a matter of record..
The land or right of way so valued by the said commis-
sioners shall vest in the said company so long as the-
same shall be used for the purpose of said railroad sc'
soon as the valuation shall be paid, or when refused, may-
have been tendered. The valuation provided for in this;
section shall be made on oath by the commissioners^
aforesaid, to be administered by any person having the-
authority to administer oaths : Provided farther, That the-
right of condemnation herein granted shall not authorize-
the said com]n\ny to invade the dwelling hou^o, yard,,
garden or burial gi^ound without consent of the owner of
the soil.

Sec. 11. That the right of said i-ail road company to.
condemn in the manner described in the tenth section of
this bill shall extend to the ciindcrnning of fifty feet on-
each side of the main track of the road measuring fi'om.'
the center of the same. The company shall also have
power to condemn and appropriate to the company, in-
like manner, land lor the construction and building ot"
depots, shops and warehouses, buildings for servants and
agents employed on the road.

1876-77— Chapter 190. 371

Sec 12. That no county bonds shall be sol«l or hy-
pothecated for less than ninety per centum net in money ''^"nfy bomis.
of the par value thereof.

Sec. 13. The said commissioners mentioned in section
two of this act, or a majority of them, at any time after incorporated,
the sum of fiA'e thousand dollars has been subscribed to
the capital stock of said company, and five per centum
paid thereon, shall have power to call together the sub-
cribers to the said stock of said compan}' after ten days'
notice being posted at the court house door of said count}''
of Polk, and. if the road is extended the same notice to
be given in the other counties and at one or more public
places, in each township of said county or counties for
the purpose of completing the organization of said com-
pany, and the subscribers shall be, and are hereby de-
clared incorporated into a company by the name and
style of "Polk County N'arrow Gauge Rail Road Com-
pan}'-," with all the rights, powers, franchises and privi-
leges herein granted.

Sec. 14. That said company may hold annual meetings
of the stockholders, and oftener if necessary, and at its Election of direc-
organization and its annual moeiings subsequent thereto
seven directors sliall be elected by the stockholders to
hold offices for one year or until their successors shall be
elecied. Provided^ That no person shall be elected a di- I'l-oviso.
re'^tor unless he shall at tlie time of such election be in
good faith and reality the owner of at least three shares
of stock in said company to and for his only use and
benefit, in all such meetings of stockholders a majority
of all the stock subscrii)ed shall be represented either in
person or by proxy ; which proxy shall be verified in the
manner prescribed l^y the by-laws of the company and
each share tlius rer)resented shall be entitled to one vote.
The election of directors shall be by ballot, cacli stock-
jiolder having as many votes, as he or she has shares of
."^tock in said company, and a j)erson having a majority
of all the votes polled, shall be considered as duly elected.
The board of directors may fill all vacancies that may oc- vacaiK^ics.


1876-77— CnAPTER I'JO


J' resident.

vnv in it dui'in_2; the period for which they have been
elected. Provided^ nevcrthficss^ That at the organization
of the coni[)any no stock sliall be represented either in
person or by proxy till the sub.scriber shall have paid
into the treasury of the company five })er centum of the
amount subsoi'ibed by said subscriber. In the event
any county subscribes stock, said stock shall be entitled
to one vote f i, r each share subscribed, and to representa-
tion in the board of directors in proportion to its stock as
compared with other stock; that is to say if the county
subscri[)ti(iii of stock exceeds the indiviilual stock in said
company, the said count}-' sto^k will bo entitled to a ma-
jority of tin dii-ectors in said boai'd. The commissioners
of the couniv may elect four persons aiinually to repre-
sent l)y pi'O cy, the shares of stock taken by said county
in said railroad comiiany.

Sec. 15. That the ))residcnt of the comjxmy shall be
elected by the dii'cctoi-s from among their number in
such a manner and for such a term as the regulations of
the company may prescribe.

Skc. 10. That at all elections and ui)on all votes taken
Elections at the in ail}' general meeting of tlie stockholders upon any by-
oitho stockiioid- law or reguhitions, or anv oi the ariairs ot the con)[)anv,
each share of stock shall be entitled to one vote, and
that any stockholder ma}^ vote in })ers0n or by proxy,
the proxies to be verified in such manner as the by-laws
may prescribe.

Sec. 17. That after the com[)any shall he oi'ganized as
aforesaid, the board of directors sliall locate, and liave con-
structed as speedily as possible, a railroad from and to the
points aforesaid, on the route thej' may find most practica-
ble, and be fixed by them. The said company shall have
the exclusive right of conveyance and transportation of
persons and things on the said railroad at such charges as
may be fixed, by a majority of its directors.

Sec, 18. That the president shall, under the direction of
the board of directors, issue certificates of stock to the

"Exclusive right
and transporta-

Oertificatps of
stock transfera-

lS7<'-77— CiiAPri-R 100. 373

stockholders, which shall he transferahle hi iiiaimor as may
be prescribed by the by-laws of the company.

Sec. jP. That contracts made and entevec! into by the
president, for and in belialf of the company, by order of a ^°'^^^*<'s-

Online LibraryNorth CarolinaLaws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) → online text (page 31 of 62)