Escolar Documentos
Profissional Documentos
Cultura Documentos
nibersiitp of JgortfjCarolina
of ttjeClastsof
1889
csssr.i
00032740605
1948
OF THE
PROCEEDINGS
OF THE.
SALISBURY,
JULY
N.
C.
SALISBURY,
1850.
WATCHMAN
N. C.
OFFICE,.
Lyibrary, Univ. Ol
North Carolina
CHARTER
OF THE
Section
Incorporates
Company
Wilmin^on Road
to Charlotte.
to be paid
down
to be kept
amount of
o''
Subscription.
open
in
shall be subscribed.
C 7 Corporate rights
8 Provision for
9 10, 11, 12, 13
sident,
first
and powers.
Notice of process.
Number
of,
14 Return to be
15 Vacancies in Board, to be
filled
Pro.xiee.
penalty.
by Directors.
IG Authentication of Contracts.
17 Construction and use of Road
when any
section
is
completed.
20 Manner of Calling
for
made common
carrier.
22
Certificates of
23 Capital
may
24 Directors
to
Stock
shall
be issued, and
how
transferred.
make Annual
Report, and
may
call
&.c.
Meetings.
25
Company may
26
May
cross
27 Proceedings
in
28 Number of
Proviso.
valuing Laud.
feet of
Land condemned.
29 Absence of contract
and 32 Penalties
for.
and malicious
for intrusion
injuries.
37 and 38 Provides
for
to registering Certificates.
&c.
make
certificates transferable.
company
incorporated.
&c.
liabilities,
47 Mortgage
in repair,
shall
for
Tar
Rivers.
52 Junction of Roads.
53 Limit
Sec.
for
commencement
1.
Be
Carolina,
and
it
it is
fov tlie
Wilmington and
Neuse River,
in the
Carolina Rail
same
pti6.sos
over
tlie
tiie
.N^orth
North
is
in
**
lliG
in com})liancc
a body
Sec.
i.-sed
2.
politic, in }/ei-potuitv.
That
tiie
said
to construct a Rail
Company
Road from
be,
the
is
hereby autlior-
in the
Rail
County of Wayne,
a Kaleigh,
and thence by
Countv of Rowan,
:,..;
most
tlie
Town
to the
lenburg.
Sec.
3.
That
for the
Means, of Concord
ton,
Waynesboro'
Raleigh
be,
II.
John B. Lord,
Elliott,
Newbern
That
G. Carter, Davie.
Richard Washing-
George
W.
Graliam, Hillsboro'
it
Mordecai,
Wilham A.
William C.
Charlotte;
of Salisbury
Randolph
20 P. Jerkins,
Wilson, of
Henry B.
Joseph
Aloii-
Archibald
Town vi
shall
Na-
W.
A.
direction of
Wilham
William
W.
them
Holden, Thomas
Willis Sledge,
of
them
at Charlotte,
W.
Benjamin
W.
L. Hlntou, or any
J.
at
under the
Osborne, Joseph K.
F. Davidson, or
three of
Jas.
Edmund
Wilkins,
tiiree
at
BaskerviUe,
at
John
T. Twitty, or
and Alexander B.
Collins,
S. Eaton,
at Frankhnton,
or
E.
ol'
and
Col.
^litchell,
William H.
the direction of
Henry B.
Elliott,
Chapel
Hill.
Jesse Har-
at Ashboro", undirr
rection of
at Greensborough,
1^ Mebane, and
at
^lerritt,
them
at
under the
S. Hill,
<)1-
John A.
Jamestown, und<'r
6
the direction of Richard Mendenhall, George C. Mendenhall, S. G. Coffin,
J.
W.
Field, or
at
them
three of
at Carthage,
D. McNeill, or any
]3aldy Sanders,
di-
S.
C'Urrie,
direction of
under the
at Pittsboro',
L. Paine, or
W.
Thaddeus
at SmithfieLl,
B. Sandei-s,
L.
Salisbury,
them
F.
Thomas
L.
Cowan, Thomas A,
(ler
R.
at Statesville,
Allison,
Concord, im-
at
William
Falls,
W.
at Mocksville,
(r.
Carter,
John J^lackbourn,
John
opening of Books
rect the
A^ogler,
may deem
proper
and
to sue for
and recover
all
sums
of
money
and
shall
all
have power
other Officers,
be received by them.
Sec.
4.
That
all
persons
who may
hereafter be
authorized to open
at
any time
in this State
some one or
Wilson,
as they, or a majority of
t.)
at Salem,
J.
shall be to di-
it
Thomas
Avhose duty
places,
tliem,
or
Fries,
long
direct
dred
thereafter
and that
dollars,
all
as
the Commissioners
first
least,
aboved named
and
shall
making such
sum,
all
and
in case of feilure to
effect
and
7
closing the Books,
upon
of subscribers on the
eral
all
fii-st
sons receiving
them
and
pmd
by the per-
this Act,
Company and
to the
Company
Law
resides, or if
organization,
persons
empowered
by them
may
all
and
to
all
think proper, to
respectively received,
Tlie
on and require
State,
;
make
make payment
paid
and upon
aforesaid,
manner
it
shall be the
good and
received
and such
shall
and held
manner above
and the
That sub-
sum
Company
scribed,
to be
in like
sufficient
5. It shall
sums thus
Sec.
General Commissioners, as
whom
from
first
sum
first
and
sum
Company
i5hall
shall
the
names of the
and
seal a
subscribers appended,
and
effect,
with
body
politic
as
and thence-
aforesaid, the
and
corporate,
name and
style of
Sec.
6.
subscribed in
shall
be
administrators and assigns, shall be, and they are hereby declared to be
incorporated into a
(Carolina Rail
Law and
testates, real,
vise,
i^cope, object
and
and no further
name may
North Carolina
may
and renew
alter
rights
and
may
Law and
at pleasure
and
shall
and
have
shall
common
seal,
which they
other
all
do exercise
and
may make
all
effecting
the
and
it is
v.
and taken
to be
Company,
so as to bring
North
Carolina.
Sec.
That
8.
as
it
shall be the
have
which they
shall cause to
days, in one or
meet
at
Salisbury, in
Rowan County,
more newspapers,
as they
may deem
proper, at which
time and place the said stockholders, in person or proxy, shall proceed
to elect the Directors of the
and by-laws
as
may
its
may
direct
for the
business
The persons
elected Directors at
stockholders
Company, and
be necessary
and
on the day and place or places where the subsequent election of Directors shall
but
if
be held
and such
made
the day of the annual election should pass without any election of
shall be
it
kwful on any other day to hold and make such election in such manner
as
may
Sec.
9.
rected
That the
affiiirs
by a General
Company
of the
be managed and
shall
di-
tlieir
number
at their
first
and subse-
this
Act.
Sec. 10. That the election of Directore shall be by ballot, each stock-
many
holder having as
pany
all
Com-
Company
among
Company
their
number,
in
shall
be elected by the
shall prescribe.
first
this Act,
a majority of
the
all
and
if
a sufficient
who do
holders
may
amount
the
rum
provide,
by a by-law,
of stock to be held
and
at such
number
of stockholders and
by them, which
business at
for transacting
as to the
all
all elections,
and upon
all
said
may be
verified in
shall be
Company may
entitled to
affairs
of
vole by proxy
and proxies
may
prescribe.
'
holders,
make
their return of
fii-st
authorized agent,
all
for,
at the
liable to said
subscribers,
Company,
to
and
for
be recov-
Law
10
in this State, within the
may
and
reside,
in
may
occur in
it
may
from among
fill
their
fill
his place
by
electing a President
number.
Company, by
their by-laws,
Company
may
shall
and
of authentication
on the
may be used,
adopt.
shall
may
proceed to
more
tracks,
by the Pre-
mode
which
-sancancies
all
all
Company without
as the
may
during the period for which they have been elected, and
to the
in the
Town of Charlotte,
rail
road constructed by them before the whole of said road shall be completed.
Company
shall
may
rail road,
to be
by them
they see
fit,
farm out
their right of transportation over said rail road, subject to the rules above
mentioned
receiv-
on the said
as respects
rail
all
road, shall be
common
to be a
carrier,
them
for transportation.
sums subscribed
interest of said
as stock in said
Company may,
and on
failure
may
sell at
pubHc
auction,
11
all
Company, by such
for
and the
sufficient to
pay
and
if
stockholder, and
said sale of stock
entire
expenses of the
to the
Company
such subscription of stock, then and in that case the whole of such
balance shall be held and taken as due at once to the Company, and
may
Company,
either
dred dollars
and
in all cases of
to the
ac-
by a warrant
Company, then
jurisdiction, or
sum
in
tion of assumpsit in
stock,
by summary motion
for all
first
and
subsequent
all
as-
as above described.
Sec. 21.
for stock
on subsequent assignee,
shall
members
as
may
in such
Sec. 23. Tliat the said company may, at any time, increase
tal to
sum
sufficient to
dollars, either
new
stock, or
shall
by opening Books
its
its
capi-
selling
such
new
for
on the mortgage of
same
its
charter
be done in either
and works
case, shall
stock or
by
credit of the
company, and
in
which the
Sec. 24. Tliat the Board of Directors shall once in every year, at
make
full
report
on the
state of the
company, and
call
company may
least,
to a general
if
its affaii-s
when
the Board
in their by-laws,
mode
thereof.
fee.
12-
be necessary
may
for the said road, or the appui'tenances thereof or for the erec-
tion of depositories, store houses, houses for the officers, servants or agents
company
and
no
for
when
necessary, to
conduct the said road across or along any public road or water course
Provided, That the said company shall not obstruct any public road,
without constructing another equally as good and as convenient, nor without making a draw in any bridge of said road, which may cross a navigable
stream, sufficient for the passage of vessels navigating such stream, which
company,
for the
agreement
as
to
the
value
thereof,
the
may
five
commissioners, or a
mon
of
law jurisdiction in the county where some part of the land or right
way
ei"s
situated.
is
to the o^\^ler or
accrue
being surrendered, and the benefit and advantage he, she, or they
receive
rail
may
benefit, shall
way
form
Provided, nev-
may
pass,
may have
iii
an ajipeal to the
Superior court, in the county where the said valuation has been made,
or in either county in which the land
lies,
when
rules, regulations
it
and
may
he in more than
restrictions as in ap-
The proceedings
of the
ma-
13
jority of the commissioners, to the court from which the commission
way
so valued
so long as the
by
company
may be
paid, or,
when
as the valuation
ed
And
issued, there to
refused,
for the
may have
soon
been tender-
appointment of conmiissioners,
under this section, it shall be made to appear to the satisfaction of the court,
tliat at least
the
owner
er or
or, if
to
the own-
by the applicant
condemned,
if
month
may be to the
court house of the county, and shall have been posted at the door of the
court house, on the ^rst day at least of the term of said court, to which the
application
is
made
made
be
which oath, any justice of the peace, or clerk of the court of county
which the land or a part of
it lies, is
company
in
for
shall
company
his consent.
condemn
to
lands in the
feet
the road, measuring from the centre of the same, unless in case of deep
cuts
and
much
fillings,
when
said
in addition thereto,
company
a.s
may
shall
in like
manner,
shall also
for,
and building
servants, agents
acres in
any one
and pereons
lot or station.
Sec. 29. That in the absence of any contract or contracts with said
company,
es
may
in relation to lands
pass, signed
or
by
may
his agent, or
its
branch-
any claim-
14
or any of
hundred
its
feet
branches
on each
may
to the said
pany
shall
title
and
thereto,
and the
said
com-
and en-
joy the same as long as the same be used for the purposes of said road and
no longer, unless the person or persons owning the said land at the time
may
or those claiming under him, her or them, shall apply for an assessment
of the value of said lands, as hereinbefore directed, within two years next
after that part of the said road,
finished
and
which
may
him, her or them, shall not apply Avithin two years next after the said
part was finished, he, she or they shall be forever barred from recovering
two years
after the
all
effect
disabilities.
propriated by law to the use of the State, within one hundred feet of
the centre of said road, which
company
through
it,
if
may be
constructed
by the
said
company,
is definitely
shall intrude
upon
conviction, fined
may
juris-
diction.
if
any person
shall wilfully
shall wilfully
and mali-
damage
or destroy, injure
for or in the
than
six,
hundred
nor
less
dollars,
on
shall be liable
fine
more
not exceeding
five
and
sh^
be further
15
liable to
pay
all
tent for any person so offending against the provisions of this clause to defend
be done.
Sec. 33. That every obstruction to the safe and free passage of vehicles
on the
said road or
its
and the person causing such obstruction may be indicted and punished for
erecting a public nuisance.
Sec. 34. That the said company shall have the right to take at the
store-houses they
branches thereof^
may
all
may
may be fixed by
they by rules
lish
tion
Avith the
road or the
just
ment
rail
for storage, as
distinct
Provided, that the said company shall not charge or receive storage
will permit,
shall,
be semi-annually divided
may
provements of
this State,
them
to transport immediately.
to
much
ny
estab-
agree-
when
the
among
thereof as the
of the compa-
own.
it
by a
affairs
certificate
under the
seal of said
company,
least five
hundred
thousand dollars of said stock has been actually paid into the hands of said
Treasurer of said company, the said Board of Internal Improvements
shall be,
company
six
company
months
shall
The one
16
shall be paid; Provided^ tlie Treasurer
shall, before
amount
That
3*7.
if
means
to
subscribed for on behalf of the State, as pi'ovided for in the 36th section
of this Act, and in that event, the Board of Internal Improvement afore-
said, shall,
to borrow,
on
the credit of the State, not exceeding two million of dollars, as the same
may
by
this
if
in case
it
shall
certificates,
sums not
than one thousand dollare each, pledging the State for the
less
which
and places
certificates shall
as the Treasurer
may
appoint
the
principal of
sufficient to
certificates
meet the
in-
Sec. 39.
Be
it
book
to
;
and
obtain by
also
way
with
of
all
such sums,
premium on
him
if
in his
to
may
from time
closed.
Sec. 40.
issue
or
for
Be
it further
enacted,
more newspapers,
as he
may
may
if it shall
become necessary
to
which
That
sum
it
shall
may
Provided, that in no
17
e\ent shall any of
ue
tlie
said cin-tificates
Ixj
shall
i-ates
tlie sale
of said
certifi-
it
redemption
for the
of said certificates of debt, the public faith of the State of North Carolina is
by the State
apphed
until
and any
to the
shall be,
payment
is
on said
is
all
such dividends of
interest as the
in "
may
be declared,
it
to time, be
certificates
but
duty of
shall be the
all
such
otherwise appropriated.
Sec. 42.
Be
it
amount, issued
and
in every instance,
certificate shall
and by him
cancelled,
where a trans-
the
Sec. 43. That the State shall appoint the number of Directors in said
company,
who
shall be appointed
removed
in like
liis
employment of the
said
officers
company
be,
and they
and
Directors,,
in tlie
council,
manner.
The Pre-
assistant
and
sucli persons as
ting with
cai-s for
duce, goods
may
it
it
from
injury,
enacted,
That
th;j
tnmsporting of pnv
r(jad.
for th*-
purpose of putting
tLn-
Rall>^^i
18
transportation of persons
Thomas
Miller,
John
W.
Hawkins,
and the
Sr.,
Road Company,
tions as
may
corporate,
Baskerville, of
W. W.
Holden, of
or
and obligors
William
Wake
style of the
name shall be
that
"
An
all
and
Act
and
habilities
declared to be in
George
John D.
;
able to sue
shall
Road Company, by
and Gaston Rail
shall
be subject to
all
Hawkins,
of Franklin county
Jr.,
an Act, entitled
re-
restrictions
county
Company, and by
J.
Warren county
late stockholders of
purpose of
S.
full force
and
same remain
effect,
and
all
conditions nevertheless.
Sec. 46.
sociates
Be
it
named in
enacted.,
ve hundred thousand
loss
all
than
fifty
heavy
T iron,
sum
of
their as-
rail
road in com-
rail
road, with
the machine shops, depots, water stations, engines, coaches, cars and
and
it is
by the Gov-
late stockholders
and
all
hability
obligors, until
be sold, conveyed
assigns,
and
of costs incurred.
And
the Governor
is
19
accept the conditions of this Act,
and
tliat
And if
Governor.
from the
Be
Sec. 47.
accepted,
full
and no longer.
subscribed
years,
it
five
if
hundred thousand
by solvent subscribers,
to be
dollars shall
have been
have
them
tlie
be needed
Avill
Sec. 48.
Be
it
of the
same
shall
if
and conditions of
then
this Act,
all
may
who
shall accept
and comply
hereby incorporated into a Company, by the name and style of the Raleigh
and be sued,
to hold, possess
shall
and enjoy
have law-
all
the rights,
be subject
this
Act and
shall
and
liabilities
imposed bv the
franchises,
same.
Sec. 49.
Be
it
enacted,
A\ith or Avith-
out the aid of indiA'iduals, shall subscribe to the Raleigh and Gaston Rail
half of the
sum
necessary to construct a
rail
road
from some convenient point on the Raleigh and Gaston Rail Road, near
the Littleton Depot, or any point between that Depot and Roanoke River,
and the
Toaaoi of
thereof, so
a>;
board and Roanoke Rail Road, and shall expend the said sum
the said connection, then the said Raleisrh
in
forming
shall be
'
20
extended to the said town of Weldon or neighborhood thereof; and the
PubUc Treasm-er
sum
equal
for
out of any
is
and
and pay
money in
for
such subscription,
Pubhc Treasurer
sum
is
hereby au-
per annum, and to issue bonds payable at any time within ten years, for
not
than
less
Sec. 50.
charter
is
hundred
five
And
dollars each.
be it further enacted,
Assembly
this
shall
establish, 'regulate
tween the North Carohna Rail Road and the Raleigh and Gaston Rail
Road, so as best to secure to the public
aji
Ssc. 51.
lars, to
Be
it
be raised
])y
by the provisions of
raise^i
sum
manner
as other
is
moneys
are
hereby appro-
priated for the purpose of cleaning out and improving the navigation of
And
iield.
1)8
sum
is
rivei-s
shall not
!iy shall
by
Provided, the
i\\:i
for
the
falls
is
hereby appropriated,
section
of Smith-
sum hereby
effect
the requirements of
a])propriated to the
tliis
compa-
road.
it
Road
is
said
shall be,
to effect a junction
laid
and they
and
lj:i]>"'igh
empowered
jts
at
may
select.
21
Sec. 53.
of
tlie
Be
it
all
diligence,
and
if
be executed
-with
due
commencement, then
and
be
forfeited.
BY-LAWS
OF THE
MEETING OF STOCKHOLDERS.
I.
Annual Meeting
all
shall
and the
secoijd
remain in
office until
And
and
now
On
Annual Meeting,
it
shall
held
^^'ithin
it
shall
any General
the meeting so
and on
called
failure of
to
elect
directed.
91
At
III.
least
in person or
less
quorum
of business.
they
may
think proper
tirst
and
to call oc-
he or
places, as
or
power
tliereof, in
two
State.
PRESIDENT.
The President
I.
Board of Directors
of the
services
and
by
by order
by the majority
ballot
of the
Board of
Directors, in journeys
The President
II.
of
shall
Company, and
all
of Directors
he
shall carefully
duties,
ter
Company which
their
shall
come
'
to his
knowledge.
The President
III.
shall
the same to
all
con-
may
affix
I.
offices of
Board of Directors
II.
deem
it
Directors,
and
shall give
bond
shall be appointed
in the
sum
by the Board of
ser^'ices
the
sum
of
and
It shall
fair
rectors
time be
made upon
and
the Stockholders
and
which
may from
in failure of
time to
any Stockhold-
25
er
to
pay
his
assessments
>\'ithiu
all
money and
the
to take charge
pany, and to disburse the same under the direction and upon the
;
all
Board of
and
such
of
in the
Bank
Cape Fear
all
moneys
at Salisbury,
and
shall
and
no time retain
shall at
in his
much
Compa-
belonging- to the
in the
as
disburse-
be prescribed by the
Directors.
ny
may
othei- duties as
Comreq\ii-
all his
transactions,
and
and he
dollars.
DIRECTORS.
The Board
I.
The
fii'st
of Directors shall
meet once
Board may
Board
Company may
require
as
direct
much
all
subsequent meet-
shall be
compen-
sation for their services at the rate of ten cents per mile for every mile
travelled to
Board of
and
fi\e
members
of the
quorum
II.
neers and such other Officers and Agents as the^to fix their compensation
and
shall
make
may
a report of
employ Engi-
such apjwint-
The
suitable devices
to ascertain
and
to dismiss
common
them
in
seal with
Officers, Clerks,
the performance
by them,
Officer,
at pleasure.
PROXIES.
All Proxies shaU be signed by the party and attested by
some Jiistice
some Di-
26
rector of the
be a Proxj.
shall
(CONTRACTS.
Contracts shall be
tors shall prescribe,
on the Company,
shall
Direc-
be binding
CERTIFICATES OF STOCK.
The form of
all Certificates
JTo.
Be
it
known
of
that
Company,
is
entitled to
transferrable
personally or
by the said
Road
either
'Company.
Witness,
under
day of
A.D.
And
at the Office,
pose.
On
ed to the Chair
S. F. PhiUips,
call-
were
appointed Secretaries.
On motion,
of
W.
how much
W.
A. Graham, George
if
not.
W.
On
and
lists
of
by
shares represented
On
in,
Committee
retired.
original
if
to a
Committee of three
W.
that this
Committee would
consist of R.
28
On
for the
W.
M.
On
motion, of George
W.
appointed to enquire and report upon what basis the Directors shall be
apportioned
among
Committee
consists of
William Boylan, A.
J.
DeRosset, E. R. Stanly,
On
Fries.
W.
called to order
by the
after
A. M.
o'clock,
Chair.
thirteen, submitted a report
nominations
made
in pursu-
W, Norwood
and
W.
balloting.
John
W.
C. Means,
T, Jerkins,
The report
re-
Trollinger,
and A.
Wilham
of the
J.
DeRosset,
cast.
The ComBiittee
to
whom
was
General
fol-
lowing Report
papers submitted to
29
" All Act to incorporate the
ratified the
Road Company,"
it
as
It
Hill,
on the 5th
Books
original
as
sum
the
tu-st
paid.
of
One
JNIiUion of Dollars
had been
fully subscribed,
and
visions of the
plicate declaration
under their
hands and
made
to be
a du-
seals
poses mentioned in the Act of Incorporation from the 6th June 1850,
Act of Incorporation
it
to be
pubhshed
for the
Town
as directed
by
fully
complied
submit for
AA-ith,
Company, and
that the
fifty
to the Secreta-
Agent.
Respectfully submitted,
R.
Signed,
SAUNDERS,
M.
Chairman.
to report
and amendment,
to
amend
Mi-.
Norwood's^
amendment
30
lina Rail
Road, be instructed by
good faith
was adopted
Whereas, The stock in the North Carolina Rail Road has been taken
with a view to the same being so located as to pass by or near the Towns
of Hillsborough, Graham, Greensborough, Lexington, and Concord,
Be
it
JResolved,
all
things considered,
is
ticable.
On
motion of H. C. Jones,
On
may deem
proper.
Resolved, That the thanks of this meeting be, and they are hereby
On
it
was unanimously
man,
ded over
With
its
deliberations.
journed sine
die.
DUNCAN CAMERON,
John
presi-
B. Lord,
S.F. Phillips,
r SecreU^ries.
Chairman.