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hundred and seventy-one and one thousand eight hundred
and seventy-two, under the same rules and regulations as are
now prescribed for the regular collection of taxes, and the
power and authority hereby granted shall cease on the first
day of July, one thousand eight hundred and seventy-four.

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

Ratified this 9th day of February, A. D. 1874.
8



114



1873-74.— Chapter 89—90.



CHAPTER LXXXIX.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF MARTIN COUNTY
TO SELL OR LEASE CERTAIN LANDS.



Commissioners
may sell lands.



When in force.



Section 1. The General Assembly of North Carolina do
enact, That the commissioners of Martin county be invested
with full power and authority to sell or lease all or any part
of the tract of land whereon the poor house is now situated.

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

Ratified this 9th day of February, A. D. 1874.



CHAPTER XC.



AN ACT^TO AMEND CHAPTER ONE HUNDRED AND SIXTY-TWO,
SECTION TWENTY-SEVEN, LAWS OF ONE THOUSAND EIGHT
HUNDRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT
HUNDRED AND SIXTY-NINE, IN REGARD TO PROCEEDINGS BY
PARTY COMMITTED IN CASES OF BASTARDY.



Amendment.



When in force.!



Section 1. The General Assembly of North Carolina do
enact, That chapter one hundred and sixty-two, section
twenty-seven of laws of one thousand eight hundred and
sixty-eight and one thousand eight hundred and sixty-nine,
be amended by striking out in line one, of said section, the
word "sixty" and inserting in lieu thereof the word
"twenty."

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

Ratified this_9th day of February, A. D. 1874.



1S73-"T4.— Chapter 91. 115

CHAPTER XCI.

AN ACT TO AMEND THE CHARTER OF THE NORTH CAROLINA
RAILROAD COMPANY, AND FOR OTHER PURPOSES THEREIN
MENTIONED.

Section 1. The General Assembly of North Carolina do May purchase lease
enact, That the North Carolina Railroad Company, a corpo- &c '
ration chartered by the General Assembly, session one
thousand eight hundred and forty-eight and one thousand
eight hundred and forty-nine, is hereby authorized to con-
struct and make, or to purchase, hold and complete the con-
struction of a railway from Salisbury to or near the line of
division between this State and Tennessee, at or near Paint
Rock, and to the Georgia and Tennessee line in the county
of Cherokee.

Sec. 2. That the said North Carolina Railroad Company
may purchase the Western North Carolina Railroad, or any n. &. p rTr. e
one or all the divisions of the same, whether at judicial
sale or any other sale that may be made thereof, and thence-
forth may have, hold, possess and be entitled to the said
railroad and all its contracts, franchises, rights, privileges
and immunities, and all the property and estate of every
description, real and personal belonging to the Western
North Carolina Railroad Companies ; and by such purchase
the said company shall acquire all the rights, privileges and
immunities conferred on the Western North Carolina Rail-
road Company by its charter, and all amendments made
thereto.

Sec. 3. That said company may in like manner purchase May purchase a.
the Atlantic and North Carolina Railroad, and thenceforth ^^-C.r.r.
have, hold and possess the said railroad and its contracts,
franchises, rights, privileges and immunities and all the
properly and estate of every description, real and personal,
belonging to said Atlantic and North Carolina Railroad
Company ; and by such purchase, the 6aid North Carolina
Railroad Company shall acquire and succeed to and exercise



116



1873-'74.— Chapter 91.



Governor to make
transfer.



Proviso.



Provided further,



Te be known as N.
C. R. R. Co.



May issue bonds,
&c.



all the rights, privileges and immunities conferred on the
said Atlantic and North Carolina Railroad Company by its
charter and amendments made thereto. The Governor of
the State, in order to further and aid such sale and transfer,
is authorized and empowered to transfer to the said North
Carolina Railroad Company all the stock owned by the State
in the said Atlantic and North Carolina Railroad Company ;
and until the transfer of the stock of said company is ap-
proved by the individual stockholders of said road, the Gov-
ernor shall retain the right to appoint directors in the said
Atlantic and North Carolina Railroad Company : Provided,
That if the stock of the private stockholders in this road is
purchased, the price given therefor shall not exceed the
market value of said stock at the time when the purchase
shall be made : JPorvided further, That the said Atlantic
and North Carolina Railroad shall not constitute assets for
the payment of the bonds heretofore issued by the State to
build the North Carolina Railroad.

Sec 4. That the line of railway so purchased and ac-
quired, shall become absorbed and merged into the said
company, and the whole line shall be known by the name of
the North Carolina Railroad Company.

Sec. 5. That said corporation, in case it shall become the
purchaser of the Western North Carolina Railroad, is au-
thorized to complete the construction of the said railroad
and its divisions, and shall have the necessary powers for so
doing ; and for the purpose of raising money to accomplish
the purposes ot this act, the said North Carolina Railroad
Company, may, at its option, make, execute and issue its
bonds, payable with interest thereon, either in United States
currency or gold, and in this country or any foreign country or
State, and at any rate of interest it elects, not exceeding eight
per cent, per annum, and for any amount not exceeding
thirteen thousand dollars per mile of finished road, made or
to be made, which bonds shall be signed by the president,
countersigned by the directors, and attested by the secretary
of the company, and sealed with its corporate seal, and be



1S73- 74.— Chapter 91. lit

wholly or partly in sums of five hundred dollars, or one
thousand dollars each, with the usual half yearly interest
coupons annexed ; the principal and interest of said bonds
to be made due and payable at such times and places, and
in such manner, and to be sold at such times, places and
prices as the directors may elect, the principal of said bonds
to be payable in not less than ten nor more than twenty
years, the sale to be made by M. E. Manly, W. A. Graham commtaionew to
and R. F. Armfield, commissioners to sell and dispose of
such bonds as may be issued in pursuance of the provisions
of this act, and said company are hereby prohibited from
ever resisting the payment thereof on the plea of usury.
The proceeds arising from the sale of said bonds, and also
from the sale of certificates of indebtedness herein author-
ized to be issued, may be applied to constructing, purchasing
and repairing of the railroads to extend over the routes
herein mentioned, for equipping the same, tor discharging
any indebtedness of said company and for purchasing any
securities or liabilities which may embarrass the operations
of said company : Provided, That said commissioners shall
set apart out of the proceeds of the sales of said bonds, a sum
of money not less than one million eight hundred thousand
dollars, to be applied to the construction of said Western
North Carolina Railroad from Old Fort byway of Asheville
to Paint Rock, and to no other purpose.

Sec. 6. That to secure the payment of the bonds and JJ^J* ofbond8
other evidences of debt issued as aforesaid, and the interest
thereon as the same becomes due, the said corporation may
execute and deliver mortgage deeds with power of sale to
such trustee or trustees as may be selected or agreed on, one
of whom shall be the Governor of this State, the same to
igned by the president, countersigned by three directors
and attested by the secretary of said corporation, conveying
its railway, branches, franchises and property, including its
road-bed, superstructure, equipment, choses in action, evi-
dences of debt, and all its real and personal estate of what-
ever kind ; and the said deeds and all other agreements the



US 1S73-'T4.— Chapter 91.

said company may enter into, which by law requires regis-
tration, when duly executed, may be recorded in the regis-
ter's office in the county of Wake, and its registration in
that county shall be deemed an effectual and sufficient reg-
istration for all purposes whatever, and shall give it priority
and preference over all claims against said corporation ; and
it shall not be necessary to record or register the same in
any other county, any law to the contrary notwithstanding :

p i Tided. Provided, That the said mortgage shall contain as full and

ample provisions in the matter of sale and foreclosure for
the security of the bonds and coupons, or either, in case of
default in the payment of one, or other, or both, as are con-
tained in the deed of indenture or mortgage made the first
day of November, one thousand eight hundred and sixty-
seven, between the said North Carolina Railroad Company
of the first part, and William A. Graham of the second part.

No sale under Skc. 7. That no public sale of said North Carolina Rail-

icsffdVerlfsed. un ' road Company, or any part thereof, or any of its franchises
or rights, shall be made under the mortgage provided for in
this act, until such sale shall have been advertised for six
successive weeks in two newspapers in the city of Raleigh,
of the greatest circulation.

Duty of directors. Sec. 8. That the directors of the said company shall be
authorized to purchase from the stockholders of the same
any of the stock owned by them, and they are empowered
and directed out of the first moneys arising from the sale of
bonds or from any lease made or to be made, to purchase
from the private stockholders or any of them who may
desire to sell their stock or any part thereof, and to pay for
the same at the rate of fifty dollars per share, and the stock
so purchased shall become the property of the said cotn-

provided. P an y : Provided, That if anv stockholder or stockholders

of the said North Carolina Railroad Company, being such
at the time of making such consolidation, agreement, con-
tract or arrangement for the purchase, merging or other
acquisition of any of the railroads contemplated by this act,
shall be dissatisfied with the same or dissatisfied with the



lS73-'74.— Chapter 91. 119

acceptance of this act by the stockholders, the said company
shall pay to such dissatisfied stockholder or stockholders, the
full value of his, her or their stock, to be assessed by three
disinterested commissioners appointed for that purpose by
(he clerk of the Superior Court of the county in which such
stockholder may reside, on the application of either party
made upon twenty days' notice; but the said company shall
not be compelled to pay for stock of any such dissatisfied
stockholder or stockholders, unless he or they shall give
written notice of such dissatisfaction to the president, secre-
tary or treasurer of the company whose stock shall be held
by him or them, within three months after such consolida-
tion, agreement or other arrangement for the purchasing,
merging or acquiring the railroads aforesaid, or after the
acceptance of this act by the requisite number of stock-
holders : Provided, further, That the sale of any share or Provided further*
shares to the company, under the provisions of this act, by
any executor, administrator, guardian, trustee or persons
acting in a fiduciary capacity shall be valid in law.

Sec. 9. That the said company shall have the power and JjKrron^iM* 11
authority to contract for prorating or for interchange of
business traffic with any railroad company, doing or desiring
a connection business, whether chartered by the laws of this
State or any other State, upon such equitable terms as the
directors may agree upon.

Sec. 10. That if the commissioners, appointed by this act, when Governor to

it -li iniT • appoint commis-

to sell and dispose of the bonds, shall decline to act, resign sioners under cer-

1 , tain restrictions.

or die, then the Governor slmll appoint a sufficient number
of commissioners to fill their places ; but no person shall be
a commissioner, director or general manager who has here-
tofore or may hereafter decline to testify before any com-
mittee, legislative or otherwise, or before any court of corn-
pet nt jurisdiction, in regard to any matter touching or
growing out of his conduct while president, or director of
an\ railroad, or while acting in any other public fiduciary
C&pacity on the ground that if he were to testify he would
criminate himself, or on any kindred or like grounds; or



120



1873-'74.— Chapter 91.



Crime and punish-
ment.



First and second
series of bonds.



Governor to remove
when necessary any
director appointed
by him.



May change loca-
tion.



Proviso.



who has been convicted ot embezzlement; or who has tailed
to return to the treasury any special tax bonds as required
by law ; and the bonds shall only be sold iu such amounts
as shall be needed from time to time to carry out the pro-
visions of this act, and shall at no time exceed the sum of
five hundred thousand dollars over and above the actual
amount due and paid.

Sec. 11. That any director or officer of the said North
Carolina Railroad Company, or other person entrusted with
any of the bonds, certificates of indebtedness or other funds
of the company, who shall be guilty of any wrongful appro-
priation, misapplication, malfeasance or other corrupt use of
the same with intent to benefit himself and defraud the
company, shall be guilty ot a lelony, and upon conviction
thereof before any superior court of the State, shall be
punished by a fine not less than ten thousand dollars, and
by imprisonment in the penitentiary not less than ten years,
and shall further be guilty of embezzlement.

Sec. 12. That the bonds authorized by this act to be
issued, and the mortgage made to secure the same may be
divided into two series or classes : The first series or class
shall be on all of that portion of the finished road, the said
company now owns or may hereafter own between More-
head and Paint Rock : The second series or class shall be
on the other roads it may construct, and acquire and own.

Sec. 13. That the Governor shall have power to remove,
for causes which he may deem sufficient, any directors ap-
pointed by him, and shall ha^ r e power to fill the vacancy,
and shall report to the next session of the General Assem-
bly any action taken by him in the matter of removals.

Sec. 11. That the directors of said company shall have
the power to change the location of any of the lines their
said company may purchase : Provided, That the line of
railroad, in Catawba county, running from its main line to
Newton, shall not be changed until the main line shall have
been constructed to within one mile and a quarter from the
court house in said town of Newton.



1873-74.— Chapter 91. 121

Sec. 15. That immediately after the sale ot the first mort- 2S£be5em COm '
gage bonds under this act, the said North Carolina Railroad g^ ort mi Paint
Company shall commence work on the line of the road be-
tween Old Fort and Paint Rock, and continue the work
thereon without intermission, until the work is completed
between said poiuts ; and immediately thereafter it shall be
the duty of the said company to commence work on the line
between Asheville and the Georgia and Tennessee line, in
Cherokee county, and continue the work thereon until the
said line is completed ; and to enable said company to carry
on and continue said work, it is hereby made the duty of the
commissioners named in this act, to reserve from the pro-
ceeds of the sale of said lands a sum of money not less than
seven hundred and fifty thousand dollars in cash, to be ap- $750,000 applied to
plied only in the construction of the said line between Ashe- Asneviiic Georgia v

.,, , ,, n . , m v • /-u 1 and Tennessee line.

villeand the Georgia and lennesseehue, 111 Cherokee county ;
an J all moneys raised on any bonds issued on any part of
the line west of Asheville, shall be set apart by said com-
missioners to be applied exclusively on the line between
Asheville and the Georgia and Tennessee line, in Cherokee
county.

Sec. 16. That immediately after the passage and ratification Governor to can
of this act it shall be the duty of the Governor to call a meetms -
meeting of the stockholders of the said North Carolina Rail-
road Company, and submit this act and amendment ot char-
ter for their acceptance or rejection, and if a majority of the
stock so represented shall vote to accept the same, it thall
become a part of their charter.

Sec. 17. That all laws and clauses of laws coming in con- Repeal
flict with any of the provisions of this act, be and the same
are here'// repealed.

Sko. 18; This act shall take effect and be in force from Wnen inforce
and after its ratification.

Ratified this 10th day of February, A. D. 1874.



122



1873-'74.— Chapter 92.



CHAPTER XCII.

AN ACT TO LAY OFF AND ESTABLISH A PUBLIC ROAD IN THE
COUNTIES OF DAVIDSON AND DAVIE, AND TO ESTABLISH A
PUBLIC FERRY ACROSS THE YADKIN RIVER.



Tolls.



Appointment of
commissioners.



Section. 1. The General Assembly of North Carolina do
Keesier and Swice- enact, That Alfred Kessler, of Davidson county, and G. W.

good authorized to ' "

established a ferry. Swicegood, of the county of Davie, their heirs and assigns
are hereby authorized to establish a ferry across the Yadkin
river at or near " Boon's Ford," on said river.

Sec. 2. That the right to establish and keep up said ferry,
shall be and is hereby vested in the said Alfred Kessler and
G. W. Swicegood, their heirs and assigns during the lull
end and term of twenty years.

Sec. 3. That it shall be lawful for the said Kessler and
Swicegood, their heirs and assigns to receive such tolls and
rates of ferriage at said ferry as shall be prescribed and reg-
ulated by the commissioners of the county of Davie.

Sec. 4. That the commissioners of the counties of Davie
and Davidson are authorized and required to appoint the
commissioners in each of said counties to lay off a public
road from the Paint road in Davie county, crossing at Boon's
Ford, and intersecting at the nearest accessible point with a
good wagon road in Davidson county, passing near said ford.

Sec. 5. That the said commissioners, or a majority of
them, after having been first sworn before some justice of
the peace of one of said counties, shall assess the damage
that ought to be paid any person or peisons over whose
land said road may pass, and shall make due return of their
proceedings to the commissioners of Davie and Davidson
counties, at their first meeting after the ratification of this
act ; and upon return of said road commissioners it shall be
the duty ot the said eounty commissioners of each of said
counties to cause to be paid to the owners of the land so
condemned, in their respective counties, such sum or sums
as mav be assessed bv the commissioners aforesaid.



Damages.



1873-'74.— Chapteb 93. 123

Sec. 6. That after said road shall have been laid off and overseers.
established as heretofore provided it shall be the duty of the
commissioners of the counties of Davie and Davidson to ap-
point overseers and hands for the working and keeping up
of said road as other public roads are required by law to be
kept up.

Sec. 7. That this act shall be in force from and after its when in force,
ratification.

Ratified this 10th da}' of February, A. D. 1874



CHAPTER XCIII.

AN ACT TO CHANGE THE LINE BETWEEN THE COUNTIES OF
SWAIN, GEAnAM AND MACON

Section 1. The General Assembly of North Carolina do Dividing line

° " _ changed.

enact, That the line between the counties of Swain, Graham
and Macon shall be changed as follows: beginning on the
beginning corner of Swain near the head of the Big Meadows;
thence with said Swain line down the mountain to Nanrihala
river ; thence down the river to the mouth of the Hand Pole
branch ; thence up said branch to where it forks, and with
the North Fork of said branch to its head ; and thence with
the old original lines between Macon and Cherokee back to
the beginning so as to include the boundary, where Jeff.
George now lives.

Skc. 2. This act shall be in force from and after its rati- When in force,
fication.

Ratified this 10th day of February, A. D. 1874.



124



1873- 74.— Chapter 94.



CHAPTER XCIV.

AN ACT TO ESTABLISH A TURNPIKE RuAD FROM THE TOWN
OF WINSTON VIA YADKINVILLE TO TFIE TOWN OF WILKES-
B( (ROUGH.



Commissioners to
appoint directors.



Duty of directors.



Complaints.



Section 1. The General Assembly of North Carolina do
enact, That for the purpose of laying out and establishing a
turnpike road from the town of Winston, in the county of
Forsythe, through the county of Yadkin, by the way of
Yadkinville, to the town of Wilkesborough, in the county of
Wilkes, the county commissioners of each county through
which the road passes are hereby empowered and required
to appoint a board of directors consisting of three competent
men, whose duty, immediately after their appointment, shall
be to organize by electing one of their number chairman of
the board, which board, after being so organized, shall have
full power to supervise and construct said turnpike road.

Sec 2. That it shall be the duty of said board of directors,
for each county through which said road passes, to employ a
competent and skillful surveyor and two commissioners to
survey and locate said road, who shall first take an oath
before some magistrate, in the county in which they are
employed, faithfully to discharge their duty so as to promote
the best interest of the road, with as little damage to the
persons through whose land it passes as possible. That said
road shall be twenty feet wide, clear of stumps and runners,
and in no part of the road shall the grade rise more than
one foot in sixteen. That said road shall be located on the
road bed of the present, best and most direct road leading
from the town of Winston, by the way of the town of Yad-
kinville, to the town of Wilkesborough whenever it is con-
venient and practicable.

Sec. 3. That if the owner of any land, through which
said road shall pass, shall consider himself or themselves
injured thereby, it shall be competent for such person or



• lS73-'74. Chapter 94. 125

persons by petition to the county commissioner'* of the
county in which the damage is done, praying for a jury to
view the premises and assess the damages sustained, and it
shall be the duty of the commissioners to order such jury
to be summoned as in case of such public roads, and it shall
the duty of the jury to take into consideration the advan-
tage to the land as well as the injury done by the making of
said road, and on report of the jury made to and confirmed
by the commissioners, the damage shall be paid out of any
fund hereinafter provided for.

Sec. 4. That for the purpose of enabling the board of contracts,
directors above provided for to construct said road, said
board of directors are hereby authorized and empowered to
make a requisition upon the commissioners of their several
counties for all the convicts sentenced to the penitentiary,
confined in the jails of each county for a term of two
years and under, which convicts shall be put to work by
said directors on said road, and it shall be the duty of said
directors to employ a faithful and energetic overseer or over-
seers whose duty shall be to oversee said convicts, and keep
them industriously employed. That in order to make said
overseer to control and prevent said convicts from making
their escape, said overseer is hereby authorized and empow-
ered to confine said convicts together with chain or if .need
be with ball and chain : Provided, however, That his treat- p rovidedp
ment of them shall in all other respect be kind and humane
and shall conform strictly to all the rules and regulations of
the government and management of convicts in the State
Penitentiary. That the jailor of each county shall furnish Jailor t0 furaieh
to said convicts the same kind and amount of provisions as convicts -
is furnished to convicts in the State Penitentiary, to be
delivered to the overseer of the convicts in such way and
manner as may be prescribed by the board of directors.



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