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of ti)e ©lags of 1880

C34-5.£

UNIVERSITY OF N.C. AT CHAPEL HILL

00035471970

FOR USE ONLY IN
THE NORTH CAROLINA COLLECTION

Mo. A-368

Digitized by the Internet Archive

in 2011 with funding from

Ensuring Democracy through Digital Access (NC-LSTA)

http://www.archive.org/details/revisedstatuteso02nort

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REVISED STATUTES

OF THE

STATE OF NORTH CAROLINA

T*

THE

REVISED STATUTES

^

OF

THE STATE OF NORTH CAROLINA,

PASSED BY THE

GENERAL ASSEMBLY AT THE SESSION OF 1836—7,

INCLUDING

AN ACT CONCERNING THE REVISED STATUTES AND OTHER PUBLIC ACTS,

PASSED AT THE SAME SESSION ;
TOGETHER WITH

THE SECOND CHARTER GRANTED BY CHARLES THE 2d TO THE PROPRIETORS OF CAROLINA— THE GREAT DEED

OF GRANT FROM THE LORDS PROPRIETORS— THE GRANT FROM GEORGE THE 2d TO JOHN LORD

GRANVILLE— THE BILL OF RIGHTS AND CONSTITUTION OF THE STATE, WITH THE

AMENDMENTS THERETO— THE CONSTITUTION OF THE UNITED STATES,

WITH THE AMENDMENTS— THE TREATY OF PEACE OF 1763— THE

MECKLENBURG DECLARATION OF INDEPENDENCE, t. .

WITH A SHORT NARRATIVE THEREOF.

Revised under an Act of the General Assembly, passed at the Session of 1833 — 4, by
FREDERICK NASH, JAMES IREDELL AND WILLIAM H. BATTLE.

PRINTED AND PUBLISHED,
111 pursuance of an Act of the General Assembly, passed at the Session of 1836 — 7, under the supervision and direc-
tion of
JAMES IREDELL AND WILLIAM H. BATTLE.

IN TWO VOLUMES
VOLUME II.

LTttlv£i-iM\} Mfer&rj! N* C

RALEIGH:
PUBLISHED BY TURNER AND HUGHES

1837.

#

B0STON TUTTLE, DENNETT & CHISHOLM PRINTERS 17 SCHOOL STREET.

V.Qu

y

CONTENTS

THE SECOND VOLUME

Second Charter of King Charles the Second to the Lords Proprietors of

Carolina, -----.-- 1

Great Deed of Grant from the Lords Proprietors, 13
Grant from King George the Second to Earl Granville, - - -15

Treaty of Peace between America and Great Britain, 31
Bank Charters, - - - - - - - -37

Boundary of the State, ------ 82

Boundaries of Counties, - - - - - - -97

Cessions to the United States, - 171

Cherokee Lands, ..-..__ \qq

Manufactures — Silk and Sugar, ..... 214

Navigation Companies, ....... 217

Rail Road Companies, ...... 275

Seat of Government, - - - - - - - 415

Turnpike Companies, ...... 418

University of North Carolina, ...... 424

First Charter of King Charles the Second to the Lords Proprietors of

Carolina, ....... 437

Fundamental Constitutions of Carolina, ..... 449

Act for establishing an Agreement with seven of the Lords Proprietors of
Carolina, for the Surrender of their title and interest in that Province,

to his Majesty King George the Second, .... 466

Magna Carta of King John, ------ 480

Magna Carta of King Edward the First, ----- 493

VI *tifc* CONTENTS.

Petition of Rights pr^Hed to King Charles the First, with the King's

Reply, - '*•&"•- - - - - - - 501

Bill of Rights passed 1 William and Mary, .... 505

Articles of Confederation, ------- 510

Weldon Toll Bridge Company, - - - - - 518

A Short Notice of the Early History of North Carolina, with a List of the

Governors under the Proprietary, Regal and Present Government, - 522
A Sketch of the Judicial History of North Carolina, with a List of the
Judges and Attorney Generals since the Adoption of the Consti-
tution, ...._... 527

Index, ........ 533

THE

SECOND CHARTER

GRANTED

BY KING CHARLES THE SECOND,

TO THE

PROPRIETORS OF CAROLINA,

DATED THE THIRTIETH DAY OF JUNE, IN THE SEVENTEENTH
YEAR OF HIS REIGN, A. D., 166?. V

Charles the Second, by the grace of God, of Great Britain,
France and Ireland, King, Defender of the Faith, &c. Where- Former letters
as, by our letters patent, bearing date the twenty fourth day of o^nean
March, in the fifteenth year of our reign, we were graciously
pleased to grant unto our right trusty and right well-beloved
cousin and counsellor Edward Earl of Clarendon, our high chan-
cellor of England ; our right trusty and entirely beloved cousin
and counsellor George Duke of Albemarle, master of our horse ;
our right trusty and well-beloved William now Earl of Craven ;
our right trusty and well-beloved counsellor John Lord Berkeley;
our right trusty and well-beloved counsellor Anthony Lord Ashley,
chancellor of our exchequer ; our right trusty and well-beloved
counsellor Sir George Carteret, knight and baronet, vice-chancel-
lor of our household ; our right trusty and well-beloved Sir John
Colleton, knight and baronet ; and Sir William Berkeley, knight ;
all that province, territory, or tract of ground, called Carolina,
situate, lying and being within our dominions of America ; ex-
tending from the north end of the island called Luke Island, which
lieth in the southern Virginia seas, and within thirtysix degrees Within 31 and
of north latitude ; and to the west, as far as the south seas ; and norttfatitude^
so respectively as far as the river of Matthias, which bordereth and west to
upon the coast of Florida, and within thirtyone degrees of northern the south sea-
latitude ; and so west, in a direct line, as far as the south seas
aforesaid.

Now know ye, That we, at the humble request of the said
grantees, in the aforesaid letters patent named, and as a further
mark of our especial favour to them, we are graciously pleased to ^U"JS® a"s to
enlarge our said grant unto them, according to the bounds and extlndW29
limits hereafter specified, and in favour to the pious and noble ^to36deg.
purpose of the said Edward Earl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Anthony
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir Wil-

vol. 11. 1

X SECOND CHARTER OF CHARLES II.

liam Berkeley, their heirs and assigns, all that province, territory
or tract of land, situate, lying and being within our dominions
of America aforesaid ; extending north and eastward, as far as the
north end of Currituck river or inlet, upon a strait westerly line to
Wyonoak creek, which lies within or about the degrees of thirty-
six and thirty minutes, northern latitude ; and so west, in a direct
line, as far as the south seas ; and south and westward, as far as
the degrees of twentynine, inclusive, of northern latitude ; and
so west, in a direct line, as far as the south seas ; together with
all and singular the ports, harbours, bays, rivers and inlets, belong-
ing unto the province or territory aforesaid ; and also, all the
soils, lands, fields, woods, mountains, ferms, lakes, rivers, bays
and islets, situate or being within the bounds or limits last before
mentioned ; with the fishings of all sorts of fish, whales, sturgeons,
and all other royal fish in the sea, bays, islets and rivers, within
the premises, and the fish, therein taken, together with the roy-
alty of the sea upon the coast within the limits aforesaid ; and
moreover all veins, mines and quarries, as well discovered as not
discovered, of gold, silver, gems and precious stones, metal, or
any other thing, found, or to be found, within the province,
territory, islets and limits aforesaid ; and furthermore, the patron-
age and advowsons of all the churches and chapels, which, as
Christian religion shall increase within the province, territory,
isles and limits aforesaid, shall happen hereafter to be erected ;
together with license and power to build and found churches,
chapels and oratories, in convenient and fit places, within the
said bounds and limits ; and to cause them to be dedicated and
consecrated, according to the ecclesiastical laws of our kingdom
of England ; together with all and singular the like and as ample
rights, jurisdictions, privileges, prerogatives, royalties, liberties,
immunities, and franchises of what kind soever, within the terri-
Tohold and tory, isles, islets and limits aforesaid : to have, hold, use, exer-
asJ°anySBSiop c^se5 an(^ enj°y ^e same, as amply, fully and in as ample manner,
of Durham. as any Bishop of Durham, in our kingdom of England, ever here-
tofore had, held, used, or enjoyed, or of right ought or could have,
use, or enjoy : and them the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs and assigns, we
do, by these presents, for us, our heirs and successors, make,
create, and constitute, the true and absolute lords and proprietors
of the said province 5r territory, and of all other the premises ;
saving always the faith, allegiance, and sovereign dominion, due
to us, our heirs and successors, for the same : to hold, possess, and
enjoy the said province, territory, islets, and all and singular other
the premises, to them the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
To be held of and Sir William Berkeley, their heirs and assigns forever ; to
the manor of e "e holden of us, our heirs and successors, as of our manor of
Greenwich, in East Greenwich, in Kent, in free and common socage, and not

free and com-
mon socage.

SECOND CHARTER OF CHARLES II. °

in capite, or by knight's service : yielding and paying, yearly, to
us, our heirs and successors, for the same, the fourth part of all
gold and silver ore, which, within the limits hereby granted, shall,
from time to time, happen to be found, over and besides the
yearly rent of twenty marks, and the fourth part of the gold and
silver ore, in and by the said written letters patent reserved and
payable.

And that the province or territory hereby granted and describ-
ed, may be dignified with as large tythes and privileges, as any
other parts of our dominions and territories in that region : Know
ye, That we, of our further grace, certain knowledge, and mere
motion, have thought fit to annex the same tract of ground or
territory unto the same province of Carolina ; and out of the ful-
ness of our royal power and prerogative, we do, for us, our heirs
and successors, annex and unite the same to the said province of
Carolina.

And forasmuch as we have made and ordained the aforesaid
Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berke-
ley, their heirs and assigns, the true lords and proprietors of all the
province or territory aforesaid ; Know ye therefore moreover, That
we, reposing especial trust and confidence in their fidelity, wisdom,
justice, and provident circumspection, for us, our heirs and suc-
cessors, do grant full and absolute power, by virtue of these
presents, to them the said Edward Earl of Clarendon, George Duke
of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, their heirs and assigns, for the good
and happy government of the said whole province or territory,
full power and authority, to erect, constitute, and make several
counties, baronies, and colonies, of and within the said provinces,
territories, lands, and hereditaments, in and by the said letters pa-
tent, granted, or mentioned to be granted, as aforesaid, with sev-
eral and distinct jurisdictions, powers, liberties, and privileges :
and also, to ordain, make, and enact, and under their seals, to pub-
lish any laws and constitutions whatsoever, either appertaining to
the public state of the whole province or territory, or of any dis-
tinct or particular county, barony, or colony, or of or within the
same, or to the private utility of particular persons, according
to their best directions, by and with the advice, assentand ap-
probation, of the freemen of the said province or territory, or
of the freemen of the county, barony, or colony, for which such
law or constitution shall be made, or the greater part of them, or
of their delegates or deputies, whom, for enacting of the said
laws, when, and as often as need shall require, we will, that the
said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Ash-
ley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, and their heirs or assigns, shall, from time to time, as- To call assem-
semble in such manner and form as to them shall seem best ; bl)es-

W SECOND CHARTER OF CHARLES II.

and the same laws duly to execute, upon all people within the
said province or territory, county, barony, or colony, or the limits
thereof, for the time being, which shall be constituted, under the
power and government of them or any of them, either sailing to-
wards the said province, or territory of Carolina, or returning from
thence towards England, or any other of our or foreign domin-
ions, by imposition of penalties, imprisonment, or any other pun-
ishment; yea, if it shall be needful, and the quality of the offence
require it, by taking away member and life, either by them the
said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berke-
ley, and their heirs or by them, or their deputies, lieutenants,
judges, justices, magistrates, or officers, whatsoever, as well within
the said province, as at sea, in such manner and form as unto the
said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berke-

do^&f par"le^' and tneir heirs, shall seem most convenient : and also, to remit,
release, pardon, and abolish, whether before judgment or after, all
crimes and offences whatsoever against the said laws; and to do
all and everything and things, which, unto the complete establish-
ment of justice, unto courts, sessions, and forms of judicature,
and manners of proceeding therein, do belong, although in these

hoyidJpUleasS&c0PFesents exPress mention is not made thereof; and by judges to
him or them delegated, to award process, hold pleas, and deter-
mine, in all the said courts and places of judicature, all actions,
suits, and causes whatsoever, as well criminal as civil, real, mixt,
personal, or of any other kind or nature whatsoever: which laws
so as aforesaid to be published, our pleasure is, and we do enjoin,
require, and command, shall be absolutely firm and available in
law; and that all the liege people of us, our heirs and successors,
within the said province or territory, do observe and keep the
same inviolably in those parts, so far as they concern them, under
the pains and penalties therein expressed, or to be expressed :

Laws to be con- Provided nevertheless, That the said laws be consonant to reason,

aXrneaTas^ as neaf as maybe conveniently, agreeable to the laws and cus-

may be to the toms of this our realm of England.

land. °f Eng" And because such assemblies of freeholders cannot be so sud-
denly called as there may be occasion to require the same, we do
therefore, by these presents, give and grant unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George

Till assemblies Cartere.t' ®ir Jonn Colleton> aad Sir William Berkeley, their heirs
called, proprie- and assigns, by themselves, or their magistrates, in that behalf law-
tors to make the fully authorised, full power and authority, from time to time, to
make and ordain fit and wholesome orders and ordinances within
the province or territory aforesaid, or any county, barony, or
province, within the same, to be kept and observed, as well for
the keeping of the peace, as for the better government of the peo-
ple there abiding, and to publish the same to all whom it may

SECOND CHARTER OF CHARLES II. 5

concern : which ordinances we do, by these presents, straitly charge
and command to be inviolably observed within the same province,
counties, territories, baronies and provinces, under the penalties
therein expressed ; so as such ordinances be reasonable, and not
repugnant or contrary, but as near as may be, agreeable to the
laws and statutes of this our kingdom of England ; and so as the
same ordinances do not extend to the binding, charging, or taking
away the right or interest of any person or persons, in their free-
hold, goods, or chattels, whatsoever.

And to the end the said province or territory may be the more
happily increased, by the multitude of people resorting thither,
and may likewise be the more strongly defended from the incur-
sions of savages, and other enemies, pirates and robbers ; there-
fore, we, for us, our heirs and successors, do give and grant, by
these presents, full power, license and liberty, unto all the liege License for
people of us, our heirs and successors, in our kingdom of England, s^ie.
and elsewhere, within any other our dominions, islands, colonies,
or plantations, (excepting those who shall be especially forbidden)
to transport themselves and families into the said province or ter-
ritory, with convenient shipping and fitting provision ; and there
to settle themselves, dwell, and inhabit : any law, act, statute,
ordinance, or other thing, to the contrary, notwithstanding.

And we will also, and of our especial grace, for us, our heirs
and successors, do straitly enjoin, ordain, constitute, and command,
that the said province and territory shall be of our allegiance ; and The subjects
that all and singular the subjects and liege people of us, our heirs j"en toebre dea.
and successors, transported, or to be transported into the saidizens and
province, and the children of them, and such as shall descend ieges*
from them there born, or hereafter to be born, be, and shall be
denizens and lieges of us, our heirs and successors, of this our
kingdom of England, and be in all things, held, treated and re-
puted, as the liege, faithful people of us, our heirs and successors,
born within this our said kingdom, or any other of our dominions ;
and may inherit or otherwise purchase and receive, take, hold, buy
and possess, any lands, tenements, or hereditaments, within the
said places, and them may occupy and enjoy, sell, alien, and be-
queath ; as likewise, all liberties, franchises, and privileges, of this
our kingdom, and of other our dominions aforesaid, may freely
and quietly have, possess, and enjoy, as our liege people, born
within the same, without the molestation, vexation, trouble, or
grievance, of us, our heirs and successors : any act, statute, or-
dinance, or provision, to the contrary, notwithstanding.

And furthermore, that our subjects of this our said kingdom of
England, and other our dominions, may be the rather encouraged
to undertake this expedition, with ready and cheerful means ;
Know ye, that we of our especial grace, certain knowledge, and
mere motion, do give and grant, by virtue of these presents, as
well to the said Edward Earl of Clarendon, George Duke of Al-
bemarle, William Earl of Craven, John Lord Berkeley, Anthony
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir
William Berkeley, and their heirs, as unto all others as shall, from

6 SECOND CHARTER OF CHARLES II.

time to time, repair unto the said province or territory, with a
License to purpose to inhabit there, or to trade with the natives thereof; full

transport goods f 1 ' . '

paying customs liberty and license, to lade and freight, in every port whatsoever,
and duties. Q£ us^ our heirs an(j successors, and into the said province of
Carolina, by them, their servants and assigns, to transport all and
singular their goods, wares and merchandises ; as likewise all sorts
of grain whatsoever, and any other thing whatsoever, necessary for
their food and clothing, not prohibited by the laws and statutes of
our kingdom and dominions, to be carried out of the same, without
any let ort molestation of us, our heirs and successors, or of any
other our officers or ministers whatsoever ; saving also unto us,
our heirs and successors, the customs, and other duties and pay-
ments, due for the said wares and merchandises, according to the
several rates of the places from whence the same shall be trans-
ported.

We will also, and by these presents, for us, our heirs and suc-
cessors, do give and grant license by this our charter, unto the
said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir Wil-
liam Berkeley, and their heirs and assigns, and to all the inhabitants
and dwellers in the province or territory aforesaid, both present
To import into and to come, full power and absolute authority, to import or un-
ngan , c. }afje^ foy themselves or their servants, factors, or assigns, all mer-
chandises and goods whatsoever that shall arise of the fruits and
commodities of the said province or territory, either by land or
sea, into any the ports of us, our heirs and successors, in our
kingdom of England, Scotland, or Ireland, or otherwise to dis-
pose of the said goods in the said ports ; and, if need be, within
one year next after the unlading, to lade the said merchandises
and goods again into the same or other ships ; and to export the
same into any other countries, either of our dominions or foreign,
being in amity with us, our heirs and successors, so as they pay
such customs, subsidies and other duties, for the same, to us, our
heirs and successors, as the rest of our subjects of this our kingdom,
for the time being, shall be bound to pay ; beyond which, we will
not, that the inhabitants of the said province or territory shall be
any ways charged : Provided, nevertheless, and our will and plea-
sure is, and we have further, for the considerations aforesaid, of
our especial grace, certain knowledge, and mere motion, given
and granted, and by these presents, for us, our heirs and succes-
sors, do give and grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs and assigns, full
and free license, power and authority, at any time or times, from
and after the feast of St. Michael the Archangel, which shall be
in the year of our Lord Christ one thousand six hundred and sixty-
seven, as well to import and bring into any of our dominions, from
the said province of Carolina, or any part thereof, the several
goods hereinafter mentioned ; that is to say, silks, wines, raisins,

SECOND CHARTER OF CHARLES II. <

capers, wax, almonds, oil, olives, without paying or answering to
us, our heirs and successors, any custom, impost, or other duty,
for or in respect thereof, for and during the term and space of
seven years, to commence and be accounted from and after the im-
portation of four tons of any of the said goods, in any one bottom,
ship, or vessel, from the said province or territory, into any of
our dominions ; as also, to export, and carry out of any of our
dominions, into the said province or territory, custom free, all
sorts of tools which shall be useful or necessary for the planters
there, in the accommodation and improvement of the premises :
any thing before in these presents contained, or any law, act,
statute, prohibition, or other matter or thing, heretofore had, made,
enacted, or provided, in any wise notwithstanding.

And furthermore, of our more ample and especial grace, certain
knowledge, and mere motion, we do, for us, our heirs and suc-
cessors, grant unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Col-
leton, and Sir William Berkeley, their heirs and assigns, full andTo erect sea
absolute power and authority, to make, erect, and constitute, with- p°rts, &c.
in the said province or territory, and the isles and islets aforesaid,
such and so many sea-ports, harbors, creeks, and other places, for
discharge and unlading of goods and merchandises, out of ships,
boats and other vessels, and for lading of them, in such and so
many places, with such jurisdictions, and privileges and franchises,
unto the said ports belonging, as to them shall seem most expedi-
ent, and that all and singular the ships, boats and other vessels,
which shall come for merchandises and trade into the said province
or territory, or shall depart out of the same, shall be laden and
unladen at such ports only as shall be erected and constituted by
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, their heirs and assigns, and not elsewhere : any use,
custom, or thing, to the contrary notwithstanding.

And we do further will, appoint, and ordain, and by these pre-
sents, for us, our heirs, and successors, do grant unto the said Ed-
ward Earl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley,
and their heirs and assigns, that they the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, their heirs and as-
signs, may, from time to time, forever, have and enjoy the customs The Lords

and subsidies, in the ports, harbors, creeks, and other places within ProPnelors
i • r ■ i 1 1 /• i i l i i may have the

tne province aloresaid, payable tor the goods, wares and merchan- customs, &c

dises there laded, or to be laded or unladed ; the said customs to

be reasonably assessed, upon any occasion, by themselves, and by

and with the consent of the free people, or the greater part of

them, as aforesaid ; to whom we give power, by these presents,

g SECOND CHARTER OF CHARLES II.

for us, our heirs and successors, upon just cause, and in due pro-
portion, to assess and impose the same.

And further, of our especial grace, certain knowledge, and
mere motion, we have given, granted and confirmed, and by these
presents, for us, our heirs and successors, do give, grant and con-
firm, unto the said Edward Earl of Clarendon, George Duke
of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
aud Sir William Berkeley, their heirs and assigns, full and ab-
solute power, license and authority, that they, the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, from time to time hereafter, forever, at his and
tors'3 have °po w- tne^r wm" an^ pleasure, may assign, alien, grant, demise, or
er to alien to enfeoff, the premises, or any part or parcel thereof, to him or them
thinkafit hto be tnat sna^ ^e wm"mg to purchase the same, and to such person and
held of them, persons as they shall think fit ; to have and to hold to them, the
said person or persons, their heirs and assigns, in fee simple, or
in fee-tail, or for term of life or lives, or years ; to be held of
them the said Edward Earl of Clarendon, George Duke of Al-
bemarle, William Earl of Craven, John Lord Berkeley, Anthony
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir
License to such William Berkeley, their heirs and assigns, by such rents, services
to have and an(j customs as shall seem fit to them the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carter-
et, Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, and not of us our heirs and successors : and to the same
person and persons, and to all and every of them, we do give and
grant, by these presents, for us, our heirs and successors, license,
authority and power, that such person or persons may have and
take the premises, or any part thereof, of the said Edward Earl
of Clarendon, George Duke of Albemarle, William Earl of Cra-
ven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs
and assigns, and the same to hold to themselves, their heirs and
assigns, in what estate of inheritance soever, in fee-simple, or
fee-tail or otherwise, as to them the said Edward Earl of Claren-
don, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, their heirs or as-
signs, shall seem expedient ; the statute in the parliament of Ed-
ward, son of King Henry, heretofore King of England, our pre-
The statut decessor, commonly called the statute of quia emptor es terrarum,
quia emptores. or any other statute, act, ordinance, use, law, custom, or any
other matter, cause or thing, heretofore published or provided to
the contrary, in any-wise notwithstanding.

And because many persons, born and inhabiting in the said
province, for their deserts and services, may expect and be ca-
pable of marks of honor and favor, which, in respect of the great

SECOND CHARTER OF CHARLES II. "

distance, cannot be conveniently conferred by us ; our will and
pleasure therefore is, and we do by these presents, give and grant
unto the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Craven, John Lord Berkeley, Anthony
Lord iVshley, Sir George Carteret, Sir John Colleton, and Sir To grant titles
William Berkeley, and their heirs and assigns, full power and au-ofhonor-
thority, to give and confer unto and upon such of the inhabitants
of the said province or territory, as they shall think do or shall
merit the same, such marks of favor and titles of honor, as they
shall think fit ; so as their titles or honors be not the same as
are enjoyed by or conferred upon any of the subjects of this our
kingdom of England.

And further also, we do, by these presents, for us, our heirs,
and successors, give and grant license to the said Edward Earl
of Clarendon, George Duke of Albemarle, William Earl of Cra-
ven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and then-
heirs and assigns, full power, liberty and license, to erect, raise
and build, within the said province and places aforesaid, or any
part or parts thereof, such and so many forts, fortresses, c as- Build forts, &c,
ties, cities, boroughs, towns, villages, and other fortifications
whatsoever ; and the same, or any of them, to fortify and fur-
nish with ordnance, powder, shot, armour, and all other weapons,
ammunition, and habiliments of war, both defensive and offensive,
as shall be thought fit and convenient, for the safety and welfare
of the said province and places, or any part thereof; and the
same or any of them, from time to time, as occasion shall re-
quire, to dismantle, disfurnish, demolish and pull down : and also
to place, constitute and appoint, in or over all or any of the said
castles, forts, fortifications, cities, towns, and places aforesaid, gov-
ernors, deputy-governors, magistrates, sheriffs, and other offi-
cers, civil and military, as to them shall seem meet ; and to the
said cities, boroughs, towns, villages, or any other place or places, Grant charters

' . , ° ', . i ,r i «. ot incorpora-

within the said province or territory, to grant letters or charters tion<
of incorporation, with all liberties, franchises, and privileges, re-
quisite or usual, or to or within this our kingdom of England
granted or belonging ; and in the same cities, boroughs, towns, Erect markets

D a o > . . "-" » j and manors.

and other places, to constitute, erect and appoint such and so
many markets, marts, and fairs, as shall, in that behalf, be thought
fit and necessary : and further also, to erect and make in the pro-
vince or territory aforesaid, or any part thereof, so many manors,
with such seignories as to them shall seem meet and convenient ;
and in every of the same manors to have and to hold a court-
baron, with all things whatsoever which to a court-baron do
belong ; and to have and to hold views of frank-pledge and court-
leets, for the conservation of the peace and better government of
those parts, with such limits, jurisdictions and precincts, as by the
said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ash-
ley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, or their heirs shall be appointed for that purpose, with
VOL. II. 2

10

SECOND CHARTER OF CHARLES II.

all things whatsoever which to a court-leet, or view of frank-pledge
do belong ; the same courts to be holden by stewards, to be de-
puted and authorised by the said Edward Earl of Clarendon
George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, or their heirs, by the lords
of the manors and leets, for the time being, when the same shall
be erected.

And because that in so remote a country, and situate among
so many barbarous nations, the invasions of savages and other
enemies, pirates and robbers, may probably be feared ; therefore,
we have given, and for us, our heirs and successors, do give power
by these presents, unto the said Edward Earl of Clarendon
George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs or assigns, by
andTo make the™^es, or their captains, or other officers, to levy, muster
war, &c. and train up all sorts of men, of what condition soever, or where-

soever born, whether in the said province, or elsewhere, for the
time being ; and to make war, and pursue the enemies aforesaid,
as well by sea, as by land ; yea, even without the limits of the
said province, and, by God's assistance, to vanquish and take
them ; and being taken, to put them to death, by the law of war,
and to save them at their pleasure, and to do all and every other
thing, which to the charge and office of a captain-general of an
army, hath had the same.

Also, our will and pleasure is, and by this our charter, we do
give and grant unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Col-
leton, and Sir William Berkeley, their heirs and assigns, full
power, liberty and authority, in case of rebellion, tumult, or sedi-
tion (if any should happen, which God forbid) either upon the
land within the province aforesaid, or upon the main sea, in
making a voyage thither, or returning from thence, by him and
themselves, their captains, deputies, or officers, to be authorised
under his or their seals, for that purpose ; to whom also, for us,
To exercise °Ur ■ 7s,, wd successors> we do give and grant, by these pre-
maniallaw. sents> m]l power and authority, to exercise martial law against
any mutinous and seditious persons of these parts ; such as shall
refuse to submit themselves to their government, or shall refuse
to serve m the war, or shall fly to the enemy, or forsake their col-
ors or ensigns, or be loiterers, or stragglers, or otherwise offend-
ing against law, custom, or military discipline ; as freely and in
as ample manner and form, as any captain-general of an army,
by virtue of his office, might or hath accustomed to use the same!
And our further pleasure is, and by these presents, for us, our
heirs and successors, we do grant unto the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Cra-
ven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs

SECOND CHARTER OF CHARLES II. 11

and assigns, and to the tenants and inhabitants of the said province
or territory, both present and to come, and to every of them, that
the said province or territory, and the tenants and inhabitants
thereof, shall not, from henceforth, be held or reputed any mem-
ber or part of any colony whatsoever in America, or elsewhere,
now transported or made, or hereafter to be transported or made ;
nor shall be depending on, or subject to their government in any
thing, but be absolutely separated and divided from the same ; and
our pleasure is, by these presents, that they be separated, and that
they be subject immediately to our crown of England, as depend- To be separate
ing thereof, forever : and that the inhabitants of the said province fS^^1 other
or territory, nor any of them, shall, at any time hereafter, be
compelled, or compellable, or be any ways subject or liable to Not to answer
appear or answer to any matter, suit, cause or plaint whatsoever, ^En^d.^11
out of the province or territory aforesaid, in any other of our islands,
colonies, or dominions in America, or elsewhere, other than in
our realm of England, and dominions of Wales.

And because it may happen that some of the people and inhab-
itants of the said province cannot, in their private opinions, con-
form to the public exercise of religion, according to the liturgy,
forms and ceremonies of the church of England, or take and
subscribe the oaths and articles made and established in that be-
half; and for that the same, by reason of the remote distances
of those places, will, as we hope, be no breach of the unity and
conformity established in this nation ; our will and pleasure there-
fore is, and we do, by these presents, for us, our heirs and suc-
cessors, give and grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, their heirs and assigns,
full and free license, liberty and authority, by such ways and
means as they shall think fit, to give and grant unto such per-
son and persons, inhabiting and being within the said province or
territory, hereby, or by the said recited letters patent mentioned
to be granted as aforesaid, or any part thereof, such indulgences Indulgence to
and dispensations, in that behalf, for and during such time and
times, and with such limitations and restrictions, as they the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs or assigns, shall, in their discretion, think fit and rea-
sonable : and that no person or persons unto whom such liberty
shall be given, shall be any way molested, punished, disquieted,
or called in question, for any differences in opinion, or practice in
matters of religious concernments, who do not actually disturb the
civil peace of the province, county or colony, that they shall make
their abode in : but all and every such person and persons may,
from time to time, and at all times, freely and quietly have and
enjoy his and their judgments and consciences, in matters of reli-
gion, throughout all the said province or colony, they behaving
themselves peaceably, and not using this liberty to licentiousness,

non-conform-
ists.

12 SECOND CHARTER OF CHARLES II.

nor to the civil injury, or outward disturbance of others ; any law,
statute or clause, contained or to be contained, usage or custom
of our realm of England, to the contrary hereof, in any wise,
notwithstanding.

And in case it shall happen, that any doubts or questions shall
arise, concerning the true sense and understanding of any word,
clause, or sentence contained in this our present charter ; we
Interpretation will, ordain and command, that in all times, and in all things,
mos^fararable sucn interpretations be made thereof, and allowed in all and
to the lords every of our courts whatsoever, as lawfully may be adjudged
propne ors. most advantageous and favorable to the said Edward Earl of Cla-
rendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony, Lord Ashley, Sir George Carte-
ret, Sir John Colleton, and Sir William Berkeley, their heirs
and assigns, although express mention, &c.

Witness ourself, at Westminster, the thirtieth day of June,
in the seventeenth year of our reign.

PER IPSUM REGEM.

GREAT DEED OF GRANT.

George Duke of Albemarle, master of His Majesty's horse ;
Edward Earl of Clarendon; William Earl of Craven;
Jol n Lord Berkeley ; Anthony Lord Ashley, Chancellor of
the Exchequer; Sir George Carteret, Vice Chamberlain of
His Majesty's household ; Sir William Berkeley, Knight ; and
Sir John Colleton, Baronet ; the true and absolute Lords pro-
prietors of all the province of Carolina.

To our trusty and well-beloved Samuel Stephens, Esq. Governor of our county of
Albemarle, and the isles and islets within ten leagues thereof; and to our trusty and
well-beloved Counsellors and Assistants to our said Governor : Greeting.

Whereas, we have received a petition from the Grand As-
sembly of our county of Albemarle, praying, that the inhabitants
of the said county may hold their lands upon the same terms and
conditions that the inhabitants of Virginia hold theirs ; and foras-
much as the said county doth border upon Virginia, and is much
of the same nature, we are content, and do grant, that the inhab-
itants of the said county do hold their lands of us, the lords pro-
prietors, upon the same terms and conditions that the inhabitants
of Virginia hold theirs : Wherefore, be it known unto all men,
by these presents, That we, the said lords and absolute propri-
etors of the county within the province aforesaid, have given,
granted, and by these presents, do give and grant, full power and
authority unto you, the said governor, by and with the consent
of our council, or the major part thereof, or to any governor for
the time being, or that shall hereafter be by us appointed, full
power and authority, by and with the consent of our council then
being, or the major part thereof, to convey and grant such pro-
portions of land, as, by our instructions and concessions, annexed
to our commission, bearing date in October, Anno Dom. 1667,
we have appointed, to such persons as shall come into our said
county to plant or inhabit ; to be held of us, of our heirs and assigns, Landg to be
upon the same terms and conditions, that land is at present usually held upon the
granted in Virginia ; any thing in our instructions and concessions JJJfg^jJ"
aforesaid to the contrary, notwithstanding : and we do hereby de- Virginia.
clare and consent, that the warrant to the surveyor for the laying
out of said land, and the return thereon, being registered, and
also the grant of you our said governor and council, that shall be
where such land is due, having the seal of the country affixed to
it, and signed by yourself, and major part of our council, for the

14 GREAT DEED OF GRANT.

time being, being registered, shall be good and effectual in law,
for the enjoyment of the said land or plantation and all the benefits
and profits of, and in the same, (except one half of all gold and
silver mines) to the party to whom it is granted, his heirs and as-
signs, forever, he or they performing the conditions aforesaid.

Given under our hands, and great seal of our province, the
first of May, Anno Dom. 1668.

ALBEMAELE,

BERKELEY,

CARTERET,

CRAVEN,

ASHLEY,

COLLETON.

GRANT

FROM

KING GEORGE THE SECOND,

TO

JOHN LORD CARTERET,

AFTERWARDS

EARL GRANVILLE.

This Indenture made the seventeenth day of September, in the Dated the 17th
eighteenth year of the reign of our sovereign lord George the j^"1 er'
Second, by the grace of God, of Great Britain, France and Ire-
land, King, Defender of the Faith, &c, and in the year of our
Lord one thousand seven hundred and forty four, between our said
sovereign lord the King's most excellent majesty of the one part,
and the right honorable John Lord Carteret of the other part.

Whereas his late majesty King Charles the Second, by his
letters patent, under the great seal of England, bearing date at
Westminster the twentyfourth day of March, in the fifteenth year Recital of the
of his reign, did grant and confirm unto Edward then Earl ofig^fcLries
Clarendon, George then Duke of Albemarle, William then Lord ii.
Craven, John then Lord Berkeley, Anthony then Lord Ashley,
Sir George Carteret, knight and baronet, Sir William Berkeley,
and Sir John Colleton, knight and baronet, all since deceased, their
heirs and assigns, all that territory or tract of ground situate, lying
and being within his said late majesty's dominions in America,
extending from the north end of the island, called Lucker Island,
which lieth in the southern Virginian seas, and within six and
thirty degrees of the northern latitude, and to the west as far as
the south seas, and so southerly as far as the river Saint Mat-
thias, which bordereth upon the coast of Florida, and within one
and thirty degrees of northern latitude, and so west in a direct
line as far as the south seas aforesaid; together with all and singu-
lar ports, harbors, bays, rivers, isles and islets, belonging unto the
country aforesaid; and also, all the soil, lands, fields, woods,
mountains, farms, lakes, rivers, bays, and islets, situate or being
within the bounds and limits aforesaid; with the fishing of all sorts
of fish, whales and sturgeon, and all other royal fishes, in the sea,
bays, islets and rivers within the premises; and the fish therein
taken. And moreover, all veins, mines, quarries, as well discov-
ered as not discovered, of gold, silver, gems and precious stones,
and all other whatsoever, whether of stones, metals, or any
other thing whatsoever, found or to be found within the country,

16 GRANT TO EARL GRANVILLE.

islets and limits aforesaid; and also all the patronage and advow-
sons of all churches and chapels, which, as Christian religion
should increase within the countries, isles, islets, and limits afore-
said, should happen thereafter to be erected, together with license
and power to build and found churches, chapels, and oratories in
convenient and fit places within the said bounds and limits, and
to cause them to be dedicated and consecrated according to the
ecclesiastical laws of the kingdom of England, together with all and
singular the like, and as ample rights, jurisdictions, privileges,
prerogatives, royalties, liberties, immunities and franchises of
what kind soever within the country, isles, islets, and limits
aforesaid. To have, use, exercise and enjoy, and in as ample
a manner as any bishop of Durham in the kingdom of England
ever theretofore had, held, used or enjoyed, or of right ought or
could have, use or enjoy. And his said late majesty did thereby
for himself, his heirs and successors, make, create and constitute
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkeley, and Sir John Col-
leton, their heirs and assigns, the true and absolute lords and pro-
prietors of the country aforesaid, and all other the premises,
(saving always the faith, allegiance and sovereign dominion due to
his said majesty for the same) to have, hold, possess and enjoy the
said country, isles, islets, and all other the premises, to them the
said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkeley, Anthony Lord Ash-
ley, Sir George Carteret, Sir William Berkeley, and Sir John
Colleton, their heirs and assigns, forever, to be holdenof his said
late majesty, his heirs and successors, as of his manor of East-
Greenwich in the county of Kent, in free and common socage,
and not in capite or by knight's service, yielding and paying to his
said majesty, his heirs and successors, for the same, the fourth
part of all gold and silver ore within the limits aforesaid, and the
yearly rent of twenty marks.

And whereas his said late majesty, king Charles the Second,

by other letters patent under the great seal of England, bearing

date the thirtieth day of June, in the seventeenth year of his

Fecital of the reign, reciting the letters patent herein first recited, did grant unto

mhCharLs?/ the said Edward Earl of Clarendon, George Duke of Albemarle,

William Lord Craven then Earl of Craven, John Lord Berkeley,

Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, their heirs and assigns, all that province,
territory and tract of ground situate, lying and being within his
late majesty's dominions of America, extending north and east-
ward as far as the north end of the Currituck river or gullet upon
a strait westerly line to Wyanoake creek, which lies within or
about the degrees of thirty six and thirty minutes northern latitude,
and so west in a direct line so far as the south seas, and south and
westward as far as the degrees of twenty nine, inclusive, northern
latitude, and so west in a direct line to the south seas, together with
all and singular the ports, harbors, bays, rivers and islests belong-

GRANT TO EARL GRANVILLE. 17

ing unto the province or territory aforesaid, and also all the soil,
lands, fields, woods, farms, lakes, rivers, bays and islets, situate or
being within the bounds or limits last before mentioned, with fish-
ing of all sorts of fish, whales, sturgeons and other royal fishes, in
the sea, bays, islets, and rivers within the premises, and the fish
therein taken, together with the royalty of the sea upon the coasts
within the limits aforesaid, and all veins, mines and quarries as well
discovered as not discovered, of gold, silver, gems and precious
stones, and all other whatsoever, be it of stone, metals or any other
things found or to be found within the premises, territory, islets
and limits aforesaid ; — and furthermore the patronages and advow-
sons of all churches and chapels, which, as Christian religion should
increase within the province, territory, isles and limits aforesaid,
should happen thereafter to be erected, together with license and
power to build and found churches, chapels and oratories in con-
venient places within the said bounds and limits, and to cause
them to be dedicated and consecrated according to the ecclesias-
tical laws of the kingdom of England, together with all and singular
the like and as ample rights, jurisdictions, privileges and preroga-
tives, royalties, liberties, immunities and franchises of what kind
soever, within the territory, isles, islets and limits aforesaid. To
have, hold, use, exercise and enjoy the same as amply and fully,
and in as ample manner as any bishop of Durham in the king-
dom of England ever theretofore, had, held, used or enjoyed, or
of right ought or could have, use or enjoy.

And his said late majesty did thereby for himself, his heirs and
successors, make, create, constitute and appoint the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton and Sir William Berkeley, their heirs
and assigns, the true and absolute lords proprietors of the said
province or territory, and of all other the premises, (saving always
the faith, allegiance and sovereign dominion to his said late ma-
jesty, his heirs and successors, for the same.) To have, hold,
possess and enjoy, the said province, territory, islets, and all and
singular other the premises to them the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton and Sir William Berkeley, their heirs and
assigns forever. To be holden of his said majesty, his heirs and
successors, as of the manor of East Greenwich aforesaid, in free
and common socage, and not in capite, or by knight's service,
yielding and paying to his said majesty, his heirs and successors,
for the same, the fourth part of all gold and silver ore, which,
within the limits thereby granted, should from time to time happen
to be found, over and besides the yearly rent of twenty marks,
and the fourth part of the gold and silver ore in and by the said first
recited letters patent reserved and payable. And his said late
majesty King Charles the Second, did, by the said several letters
patent, or one of them, grant to the said Edward Earl of Clar-
endon, George Duke of Albemarle, William Earl of Craven,

VOL. II. 3

18 GRANT TO EARL GRANVILLE.

John Lord Berkeley, Anthony Lord Ashley, Sir George Car-
teret, Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, full and absolute power to make and publish laws, either
appertaining to the public state of the said provinces, or to the
private utility of particular persons, with the assent of the freemen
of the said provinces or of their delegates, and for that purpose
to assemble them in such manner and form as to them the said
Edward. Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton and Sir William Berkeley,
their heirs and assigns should seem best, and the same laws duly
to execute on all the people within the said provinces and limits
thereof by imposition of penalties, imprisonments, or any other
punishments, and if mindful, by taking away member or life, either
by them the said Edward Earl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, An-
thony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, their heirs and assigns, or by them or their
deputies, lieutenants, judges, justices, magistrates, or officers what-
soever, as well within the same province as at sea, in such manner
and form as unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, and their heirs shall seem most con-
venient : also to remit, release, pardon and abolish, whether before
judgment or after, all crimes and offences whatsoever against the
said laws, and to do all and every other thing and things which
unto the complete establishment of justice, unto court sessions
and forms of jurisdiction, and manners of proceeding therein, do
belong, although in the said letters patent express mention is not
made thereof, and by judges by him or them delegated, to award
process, hold pleas, and determine in all the said courts and places
of judicature all actions, suits and causes whatsoever, as well crim-
inal as civil, real, mixt, personal, or of any other kind or nature
whatsoever ; and because such assemblies of freeholders could not
so conveniently be called as there might be occasion to require
the same, his said majesty did further grant to the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, by themselves or their magistrates, full power
to make and ordain fit ordinances within the said provinces, as
well for keeping the peace, as for the better government of the
people.

V And his majesty did further grant to the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, full power to make and erect within the said provinces
and the isles and islets aforesaid, such sea-ports, harbors, creeks,
and with such jurisdictions, privileges and franchises to them be-

19

GRANT TO EARL GRANVILLE.

taurine as to them shall seem convenient, and to have and enjoy
the customs and subsidies therein payable for goods and mer-
chandises there laded, to be reasonably assessed by themselves
with the consent of the free people there. . ,

And further his said majesty did grant to the said Edward Earl
of Clarendon, George Duke of Albemarle, Wilham Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, full power to confer upon the inhabitants of the said prov-
ince such marks of favor and titles of honor as they should think
fit, so as the said titles be not the same as are enjoyed by, or con-
ferred upon any of the subjects of England ; and also, power to
raise and build forts, castles, cities, boroughs, towns, villages and
other fortifications ; and furnish the same with all ordnance pow-
der, shot, armour, and all other weapons, ammunition, habiliments
of war, both defensive and offensive, as shall be thought fit and
convenient for the safety and welfare of the said province and
places, or any part thereof; and to dismantle and demolish the
same ; and appoint governors, deputy governors, magistrates
sheriffs, and other officers, civil and military ; and to the said
cities, towns, boroughs, villages, or any other place or places
within the said province or territory to grant letters or charters ol
incorporation, with all requisite and usual liberties, franchises and
privileges, and appoint therein fairs and markets, and to make and
erect manors and courts baron, and courts leet for the conservation
of the peace and better government of the said provinces ; and
also, full power to levy, muster, and train all sorts ol men, ot
what condition or wheresoever born within the said provinces, and
to make war by land and sea, and to do all and every thing which
belongs to the office of a captain-general of an army, and to ex-
ercise martial law in as ample a manner as any captain-general ol
an army, by virtue of his office might or has accustomed to use

\n7his said majesty did further grant to the said Edvyard Earl
of Clarendon, George Duke of Albemarle, William Earl of Cra-
ven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, then-
heirs and assigns, full power from time to time forever, to assign,
alien, grant, or enfeoff the premises to such persons as they
should think fit, to hold in fee-simple or fee-tail, for term of lite
or lives or years, to be held of them and their assigns by such
rents, services, and customs as shall seem fit to them, and not ot
his said majesty, his heirs and successors, the statute ol quia
emptores terrarum or any other statute, cause or thing notwith-
standing, as in and by the said several recited letters patent,
relation being thereunto had, may appear.

And whereas the respective parts, shares, interests and estates
of the said Edward Earl of Clarendon George Duke of ^Sffi&TS
marie, William Earl of Craven, John Lord Berkeley, Anthony he said propri.
Lord Ashley, Sir John Colleton, and Sir William Berkeley, oW vested p
and in the provinces, territories, islets, hereditaments, and premi-
ses, in and by the said several recited letters patent granted and

20

GRANT TO EARL GRANVILLE.

comprised, did come unto and vest in Henry Duke of Beaufort,

William late Lord Craven, James Bertie, Doddington Greville,

Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton,

Archibald Hutcheson, John Cotton, and Joseph Blake, or some

or one of them, and the part, share, interest and estate of the said

Sir George Carteret of and in the same premises, did come unto

and vest in the said John Lord Carteret. And whereas the said

Henry, now Duke of Beaufort, William, late Lord Craven, James

Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutche-

Six of the pro- son5 who was trustee for the said John Cotton, being six of the

f?vTt;£nnP°tnlords ProPrietors of the provinces and territories aforesaid, did by

surrender to his tneir numble petition to his majesty in council propose to sur-

^speSctUheir render t0 his maJesty their said several and respective shares and

shares of the interest, not only of the said government, royalties and franchises

!XrfTheentparodin and hy the said recited letters patent granted, but also all the
vinces, (except, right and property they had in and to the soil in the aforesaid prov-
£m tflSwol i"CeS °r territories under the said several recited letters patent or
apiece. ' 'either of them ; and also to make an entire surrender to his ma-
jesty of their right to all the lands which they hold under the grants
made by the said lords proprietors (except as therein excepted)
praying that in consideration of such surrender, his majesty would
be pleased to direct and cause to be paid to each of them the sum
of two thousand five hundred pounds a piece, without any deduc-
tion ; and Samuel Wragg of London, merchant, did on the behalf
Another pro- and by the direction of the said Joseph Blake propose to surrender
sSsSder and convey to his majesty, his heirs and successors, all the estate,
upon the like right and interest of the said Joseph Blake in and to the premises,
upon payment of the like sum of two thousand five hundred pounds
to the said Joseph Blake without any deduction.
Seven of the And whereas the said Henry Duke of Beaufort, William Lord
P.™Fietors es: Craven, James Bertie, Henry Bertie, Sir John Colleton, and
rentV&c . qmt Archibald Hutcheson, who is a trustee for the said John Cotton,
and propose laid before a committee of his majesty's most honorable nrivv

to assign -i ,• rni <* r J

themtohisma-co,mcu an estimate of all the arrears of quit rents and other
jesty for 5;oooz. rents, and sum and sums of money then due and owing to them
and the said Joseph Blake and the said John Lord Carteret j which
estimate amounted to the sum of nine thousand five hundred
pounds ; and they the said Henry Duke of Beaufort, William Lord
Craven, James Bertie, Henry Bertie, Sir John Colleton, and
Archibald Hutcheson, did likewise humbly propose, and the said
Samuel Wragg for and on the behalf of the said Joseph Blake did
likewise propose, that if his said majesty would please to allow the
sum of five thousand pounds for the said arrears (over and above
the said several sums of two thousand five hundred pounds to
be paid to them respectively) they were willing to assign over to
his majesty their right and title to the said arrears, and all other
Jropo'sdS demands whatsoever, which they had or could have upon the farm-
greed to by his ers, tenants or inhabitants of the provinces or territories aforesaid,
majesty. or miy 0f them ; and which said several proposals his majesty

was pleased to accept and agree to.

And whereas by an act of parliament made in the second year

GRANT TO EARL GRANVILLE. 21

of his said present majesty's reign, entitled, An Act for estab- An act of par-
lishing an agreement with seven of the lords proprietors of Car- t^™g£ ^ees
lina for the surrender of their title and interest in that province to agreement,
his majesty, reciting to the effect herein before recited, it was en-
acted, that all those seven undivided eighth parts, (the whole into
eight equal parts or shares to be divided) and all other the part
or share, parts or shares, interests and estates of them the said
Henry Duke of Beaufort, William Lord Craven, James Bertie,
Doddington Greville, Henry Bertie, Mary Dawson, and Elizabeth
Moor, Sir John Colleton, Archibald Hutcheson as trustee for the
said John Cotton, and Joseph Blake, and each of them, of, and
in the aforesaid provinces or territories called Carolina, and all
and singular the royalties, franchises, lands, tenements, heredita-
ments, and premises in and by the said several recited letters
patent, or either of them, granted or mentioned, or intended to be
granted by his said late majesty King Charles the Second, to the
said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ash-
ley, Sir George Carteret, Sir John Colleton deceased, and Sir
William Berkeley, their heirs and assigns aforesaid, with their and
every of their rights, members, and appurtenances, and also all
such powers, liberties, authorities, jurisdictions, pre-eminences,
licenses and privileges as they the said Henry Duke of Beau-
fort, William Lord Craven, James Bertie, Doddington Greville,
Henry Bertie, Mary Dawson and Elizabeth Moor, the present
Sir John Colleton, the said Archibald Hutcheson, as trustee for
the said John Cotton, and Joseph Blake, every or any of them
could or might have, hold, use, exercise or enjoy by virtue of
or under the said recited letters patent or either of them, (except
as therein excepted) and the reversions, remainders, rents, issues
and profits of the same parts or shares, baronies, lands, tene-
ments, hereditaments and premises, so as aforesaid proposed
and agreed to be surrendered to his majesty, and of every part
and parcel thereof, should from and after the first day of June in
the year of our Lord one thousand seven hundred and twentynine,
be vested and settled, and the same were thereby vested and set-
tled, in and upon the said Edward Bertie, Samuel Horsey, Henry
Smith and Alexius Clayton, and their heirs, to the use of them, The surrender-
their heirs and assigns, freed and discharged, of and from all es- ed /hares, &c.

° 7 . 5 " . vested in trus-

tates, uses, trusts, entails, reversions, remainders, limitations, tees, to convey
charges and incumbrances whatsoever, upon trust, and to the in- *° hl| ™Jnetstof
tent that they the said Edward Bertie, Samuel Horsey, Henry 17,500/. to be
Smith and Alexius Clayton, and the survivors and survivor of ^if^t3 the
them, and the heirs 01 such survivor, upon payment by his ma-
jesty, his heirs or successors to the said Edward Bertie, Samuel
Horsey, Henry Smith and Alexius Clayton, of the sum of seven-
teen thousand five hundred pounds, clear of all deductions, on or
before the twentyninth day of September, one thousand seven
hundred and twentynine, should by deed indented and to be en-
rolled in his majesty's high court of chancery, surrender, convey,
and assure unto his majesty, his heirs and successors, all and sin-

22 GRANT TO EARL GRANVILLE.

gular the said seven eighth parts or shares (the whole into eight
equal parts to be divided) and all other the parts and shares, inter-
ests and estates, of and in the said provinces or territories, and all
and singular the premises thereby vested in them and their heirs
aforesaid, which said sum of seventeen thousand five hundred
pounds should be applied and disposed of in such manner as by the
said act is particularly directed. And it was by said act further
Rights to the enacted, That from and after the payment of the said sum of five
quit rents also thousand pounds to the said Edward Bertie, Samuel Horsey,

vGStscl in the- ■*- *

king, after pay- Henry Smith and Alexius Clayton, the survivor or survivors of
<Toooz°f the mem5 or ^e executors or administrators of such survivor, and after
the execution of the grant and assignment of the said parts and
shares of the said arrears, by the said act directed to be made, his
majesty might have, receive and enjoy the said seven eighth parts
or shares (the whole into eight equal parts to be divided) and all
and every other parts and shares of the said arrears of quit rents,
and other rents and sums of money thereby vested in the said Ed-
ward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton,
and should and might have, use and pursue such and the like re-
medies for the recovery thereof as the said Henry Duke of Beau-
fort, William Lord Craven, James Bertie, Henry Bertie, Mary
'*' Dawson, Doddington Greville, Sir John Colleton, Archibald
Hutcheson, John Cotton and Joseph Blake, any or either of them,
might have had, used or pursued, if the said act had not been
Reservation in made ; and in and by the said act there is contained a reservation
theactofepe to the said John Lord Carteret, his heirs, executors, administra-
thc provinces, tors or assigns, of all such estate, right, title, interest, property,
qui| hntf' ^f ' c^a™ anc^ demand whatsoever, in, unto or out of one eighth part
Carteret. or share of the said provinces or territories; with all and singular
the rights, members and appurtenances thereof, and of, in and to
one eighth part or share of all arrears of quit rents, and other
rents, sum and sums of money, debts, duties, accounts, reckon-
ings, claims, and demands whatsoever, now due and owing to the
present lords proprietors of the said provinces and territories, and
all such other rights, titles, privileges and powers whatsoever as
the said John Lord Carteret, his heirs, executors or administrators
then had or might have had, or been entitled unto in case the said
act and the conveyances thereby directed to be made to his ma-
jesty, his heirs or successors, or either of them, had not been or
should not be made as in and by the said act of parliament herein
before recited, relation being thereunto had, may amongst other
things more fully appear.
Indenture tri- And whereas by indenture tripartite bearing date the twentyfifth
5th July, 1729, day of July, in the year of our Lord one thousand seven hundred
between the and twentynine, and made or mentioned to be made between our
tee^' and *he said sovereign lord the King, of the first part, and the said Edward
late proprietors. Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, by
the names and additions of Edward Bertie, of Gray's Inn, in the
county of Middlesex, Esquire, Samuel Horsey, of Mortlake, in
the county of Surry, Esquire, Henry Smith, of Caversham, in the
county of Oxon, Esquire, Alexius Clayton, of the Middle Tem-

GRANT TO EARL GRANVILLE.

23

pie, London, Esquire, of the second part, and the most noble
Henry Duke of Beaufort, the honorable James Bertie, of the
parish of Saint John the Evangelist, in the Liberty of Westmin-
ster, in the county of Middlesex, Esquire, the honorable Dod-
dington Greville, of Bulford, in the county of Wilts, Esquire,
the said Doddington Greville and James Bertie being the surviv-
ing devisees named in the last will of the most noble Henry Duke
of Beaufort, deceased, in trust for the said Henry, now Duke of
Beaufort, and for the right honorable Charles Noel Somerset, Es-
quire, commonly called Lord Charles Noel Somerset his brother,
an infant, the right honorable William Lord Craven, Joseph Blake,
of the province of South Carolina, in America, Esquire, Archi-
bald Hutcheson, of the Middle Temple, London, Esquire, John
Cotton, of the Middle Temple, London, Esquire, Sir John Colle-
ton, of Exmouth, in the county of Dover, Baronet, the honora-
ble Henry Bertie, of Dorton, in the county of Bucks, Esquire,
Mary Dawson, of the parish of Saint Andrew, Holborn, in the
county of Middlesex, widow, and Elizabeth Moor, of London,
widow, of the third part, reciting as therein is recited.

It is witnessed that they the said Edward Bertie, Samuel Hor- The trustees
sey, Henry Smith and Alexius Clayton, for the consideration S^^»<ST-
therein, pursuant to the directions in the said recited act of parlia- farm to the king
ment, and the trust thereby in them reposed, did bargain, selPa^tgagSCseepvteaS
and surrender, and the said Henry Duke of Beaufort, William by the act ex-
Lord Craven, James Bertie, Doddington Greville, Henry Bertie, cepte *
Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto,
Archibald Hutcheson, John Cotton, and Joseph Blake, did ratify
and confirm unto his Majesty, his heirs and successors, the said
seven undivided eighth parts (the whole into eight equal parts to
be divided) and all other the part or share, parts or shares, inter-
ests and estates in and by the recited act of parliament vested in
them the said Edward Bertie, Samuel Horsey, Henry Smith and
Alexius Clayton, (except as in the said act is excepted) of and
in the aforesaid provinces or territories called Carolina, and of and
in all and singular the royalties, franchises, lands, tenements, her-
editaments and premises, in and by the said several recited letters
patent or either of them granted or mentioned to be granted, with
their and every of their rights, members and appurtenances, and
all the estate, right, title, interest, trust, property, claim and de-
mand whatsoever, of them the said Edwnrd Bertie, Samuel Hor-
sey, Henry Smith and Alexius Clayton, and of the said Henry
Duke of Beaufort, James Bertie, Doddington Greville, William
Lord Craven, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir
John Colleton party thereto, Archibald Hutcheson, John Cot-
ton and Joseph Blake, every or any of them, of, in, and to the
same. To hold the seven undivided eighth parts (the whole into
eight equal parts to be. divided) and all other the premises thereby
bargained, sold and surrendered, with their and every of their ap-
purtenances (except as therein before excepted) unto the king's
most excellent majesty, his heirs and successors.

And it is by the said indenture further witnessed, That for the

24 GRANT TO EARL GRANVILLE.

Seven parts of further consideration therein mentioned, they the said Edward
conveqyed inentS Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, in
like manner to pursuance of the trust in them reposed, in and by the said recited
1 e ing' act of parliament, did grant, bargain, sell, assign, transfer and set

over ; and the said Henry Duke of Beaufort, William Lord Cra-
ven, James Bertie, Doddington Greville, Henry Bertie, Mary
Dawson, Elizabeth Moor, Sir John Colleton party thereto, Ar-
chibald Hutcheson, John Cotton and Joseph Blake, did ratify and
confirm unto his said majesty, his heirs and successors, the said
seven eighth parts (the whole into eight equal parts to be divided)
of all and every the arrears of the quit rents, sum and sums of
money, debts, duties and demands whatsoever, which at the time
of making the said act of parliament were due and owing to the
said Henry Duke of Beaufort, or to the said James Bertie, and
Doddington Greville, and to the said John Lord Carteret, Wil-
liam Lord Craven, James Bertie, Henry Bertie, Mary Dawson,
Elizabeth Moor, Sir John Colleton party thereto, Archibald
Hutcheson, John Cotton and Joseph Blake, and all the arrears,
shares, sums of money and premises, in and by the said recited
act vested or intended to be vested in them the said Edward Ber-
tie, Samuel Horsey, Henry Smith and Alexius Clayton, in trust
for the purposes aforesaid ; and all the right, title, interest, trust,
claim and demand whatsoever of them the said Edward Bertie,
Samuel Horsey, Henry Smith and Alexius Clayton, and of them
the said Henry Duke of Beaufort, James Bertie, Doddington
Greville, William Lord Craven, Henry Bertie, Mary Dawson,
Elizabeth Moor, Sir John Colleton party thereto, Archibald
Hutcheson, John Cotton and Joseph Blake, every or any of them,
of, in, and to the same. To hold, receive and enjoy the said
arrears, sums of money and premises therein last before granted,
bargained and sold and assigned unto his said majesty, his heirs and
successors, to and for his and their own use and benefit as in and
by the said recited indenture, relation thereunto being had, may
more fully appear.
Lord Carteret And whereas the said John Lord Carteret, by his humble peti-

petinons the tion, to his majesty in council, recitins; the said several letters pa-
king in councii 1 . ->r •> . ' . ° . r .

to have his sth tent and act ot parliament herein belore recited, and that he is
part set out stj^ entitled to one full undivided eighth part of the said province,

and allotted to ~ . i i i ■ i i i

him, and propo- and ot all the premises granted by the said several letters patent,
ses to surrender an(j ajs0 0f tne arrear 0f qUit rents, and other duties, reckonings,

tllC £COV € I'll 111 CTlt ■*- O '

of the provin- claims and demands, hath humbly prayed his majesty that his said
eighth part of the soil of the said provinces and territories, might
be set out and allotted to him in such part of the said provinces
and territories as should be agreed on between such persons as his
majesty shall be pleased to appoint for his majesty, and such per-
sons as the said John Lord Carteret should name on his part. To
have, hold and enjoy the same forever hereafter in severalty to the
said John Lord Carteret, his heirs and assigns, together with all
and every the same royalties, powers, liberties, franchises and
privileges, (the government thereof and of the said province of
Carolina only excepted) as far as concerns such eighth part to be

ces

GRANT TO EARL GRANVILLE. AO

so allotted to the said John Lord Carteret, as he is entitled to un-
der the said letters patent and act of parliament, in case such divi-
sion or allotment was not or should not be made, and under the
like quit rents proportionably, as is mentioned in the said letters
patent according to the proportion or eighth part thereof ; and
thereupon the said John Lord Carteret humbly offered and pro-
posed to surrender to his majesty, his heirs and successors, his
share and interest of and in the government of the said provinces
or territories, and to convey, release and confirm to his majesty,
his heirs and successors, the other seven parts of the said prov-
inces.

And whereas his present majesty was pleased to refer the said Petition refer-
petition to the right honorable the lords of the committee of his red t0 jj £om"
majesty's most honorable privy council, for them to consider privy council,
thereof, and report the same, with their opinion thereupon, to his
majesty in council, and which said petition the said lords of the
committee of his majesty's most honorable privy council, did
refer to the right honorable the lords commissioners for trade and B^ them r,efer~

pgQ \q trie lords

plantations for them to examine the same and consider thereof and commissioners
report the same with their opinion thereupon to their lordships. *°rtra4e and

.r11 Tii •■ r i 11 • plantations.

And whereas the lords commissioners tor trade and plantations
having examined the said petition, and considered thereof, did, by
their report to the said lords of the committee of his majesty's Lords commis-
most honorable privy council, offer as their opinion, that it would f10tni®rs rePor'
be for his majesty's service that the said Lord Carteret's pro- tee of privy
perty should be separated from that of his majesty, wherein the cT^.cl1 "L- or
said Lord Carteret should enjoy whatsoever he was entitled to by
the charters of Carolina, and the aforesaid act of parliament ; and
for the better preventing any difficulties that might attend the set-
ting out an eighth part of the soil of the said province, the
said lords commissioners conceive the method proposed by the
said Lord Carteret would be the most effectual, which said report The committee
the said lords of the committee of his majesty's most honorable ionwitht^"1"
privy council having taken into their consideration, did agree in commissioners.
opinion with the said lords commissioners for trade and planta- Tlie committee
tions. And whereas the said right honorable the lords of the king that Lord
committee of his majesty's most honorable privy council did on Carteret's pro-
the twentyfourth of August, one thousand seven hundred and separated from.6
forty two, make their report thereupon to his majesty, reciting as ^ maJesty's-
herein last before is recited ; and that the said Lord Carteret's
property should be separated from that of his majesty, and for
that end the said committee humbly propose that the respective That the gov-
gov ernors of South and North Carolina, or either of them, as his cTrofinas^r
majesty should be pleased to direct, be ordered to nominate and either of 'them,
appoint proper persons as commissioners on his majesty's behalf, app^t^com-
not exceeding five, who in conjunction with a like number of j)er- missioners to
sons to be appointed by the said Lord Carteret as commissioners ftamoSrf
on his behalf, should be empowered to set out and allot to the Carteret.
said Lord Carteret one full eighth part of the said provinces of Caro-
lina, in such part or parts of the said provinces and territories as
vol. n. 4

*6 GRANT TO EARL GRANVILLE.

6IhnersrriakeSho"id be .^edon by the said commissioners so to be appointed
a return of such as atoresaid ; and that they should be required to make a return
theTnfin0 °f *** Proceedings therein to his majesty in council, within eigh-
council within teen months alter the date of his majesty's order to be made upon
is months. the said report, and also to lay before his majesty a plan containing
And to lay be- a lull and exact description of the said lands, together with the
S rf tfi* "respective boundaries thereof, in order to his majesty's signifying
lands, &c. his royal pleasure (in case his majesty should approve thereof) for
conveying the same to the said Lord Carteret in such manner as
should be advised by his majesty's counsel learned in the law, pro-
vided the said Lord Carteret should at the same time make a sur-
render to his majesty of all his pretensions to the government of
the said provinces of Carolina, and should convey, release, and
confirm i to his majesty, his heirs and successors the other seven
parts of the said provinces : and for the better guidance of the
commissioners so to be appointed on his majesty's behalf in the
discharge of their duty therein, the said committee conceived,
that it might be advisable for his majesty by his order in council,
to require the said commissioners to follow and observe such
directions and instructions as might be found necessary to be given
The kin. ap- ™ l™e to time either by his majesty, or by those who act
proves o! tfie und.er hls majesty's royal authority ; and which said report his
report. majesty m council was pleased to approve of.

SS caring , And ^/reas his said majesty, by his order in council, bearing
the provisions date the fifteenth day of September, in the year of our Lord one
&1 thousand seven hundred and fortytwo, reciting as herein last above
is recited, and that his majesty in council was that day pleased to
take thesaid petition into his royal consideration, together with
the opinion of a committee of his privy council, and of the lords
commissioners for trade and plantations thereupon, and was thereby
pleased to order that the respective governors of the provinces of
e u i Carollna' or either of them, as his majesty should there-
after be pleased to direct, should nominate and appoint proper
persons to be commissioners on his majesty's behalf, not exceed-
ing five, who m conjunction with a like number of persons to be
appointed by the said Lord Carteret as commissioners on his be-
half, were thereby empowered to set out and allot to the said Lord
Carteret one full eighth part of the said provinces of Carolina, in
such part or parts of the said provinces and territories as should
be agreed upon by the commissioners so to be appointed as afore-
said ; and that the said commissioners should make a return of
their proceedings herein to his majesty in council, within eighteen
months from the date of the said order, and that they should at
the same time transmit to his majesty a plan containing a full and
exact description of the said lands, together with the respective
boundaries thereof, in order to his majesty's signifying his royal
pleasure, (m case his majesty should approve thereof) for convey-
ing the same to the said Lord Carteret' in such manner as shall be
advised by his majesty's counsel learned in the law, provided that
the said Lord Carteret should at the same time make a surrender

GRANT TO EARL GRANVILLE.

27

to his majesty of all his pretensions to the government of the said
provinces of Carolina, and should convey, release and confirm to
his majesty, his heirs and successors, the other seven parts of the
said provinces as by the said petition and order, relation thereunto
likewise being had, may more fully appear.

And whereas commissioners were accordingly appointed on be- Commissioners
half of his majesty, and of the said John Lord Carteret, to set out JJJJ
and allot to the said John Lord Carteret one full eighth part of the said one eighth
said provinces of Carolina, who by their humble report to his ma- P^^their
jesty in council bearing date the sixth day of December, in the
year of our Lord one thousand seven hundred and fortythree, did
certify that in pursuance of his majesty's said order in council,
dated the fifteenth day of September, one thousand seven hundred
and fortytwo, and of his majesty's royal instructions thereupon,
given the twentyfifth day of April, one thousand seven hundred
and fortythree, they did immediately proceed to set out and allot
to the said John Lord Carteret one full eighth part of the provinces
of Carolina, in one entire separate district, in the province of
North Carolina, next adjoining and contiguous to the province of
Virginia, which eighth part is bounded to the north by the line that Boundaries of
divides Carolina from Virginia, to the east, by the great western Lord Carteret's
ocean, commonly so called, and as far southwardly as a cedar
stake set upon the sea side, in the latitude of thirtyfive degrees
and thirtyfour minutes at north latitude, being six miles and a half
to the southward of Chickmacomack inlet, from that stake by a
west line which passed twentyfive feet to the southward of the
house wherein Thomas Wallis liveth, and so west as far as the
bounds of the charter granted to the lords proprietors of Carolina
by his majesty King Charles the Second, which west line went one
thousand six hundred and sixty poles to the north of the south end
of Bath-Town, and the said commissioners did, pursuant to the
said order in council, transmit to his majesty a plan containing a
full and exact description of the said one eighth part of the said
provinces or territories, so set out and allotted to the said John
Lord Carteret, annexed to their said report, and all which bounda-
ries are marked out and ascertained by the said plan, a true and
exact copy whereof is stampt on the fifth skin of these presents ;
which said return of the said commissions his majesty was pleased The return of
by his order in council, bearing date the twentyfirst of March last, J0ence°r^rXred
to refer to the said lords of the committee of his most honorable to the commit-
privy council, for them to consider thereof, and report their opinion J^^gjw Privy
thereupon to his majesty in council ; and whereas the said right
honorable the lords of the committee of his majesty's most hono-
rable privy council for plantation affairs, did upon consideration
thereof, by their report to his majesty in council, bearing date the
ninth day of May last, reciting such orders, reports, and proceed-
ings upon the said petition of the Lord Carteret as are herein before
recited, agree humbly to report as their opinion, that his majesty Report of the
might be pleased to approve of the said return and plan of the committee.
allotment thereby made to the said Lord Carteret, for his one

28

GRANT TO EARL GRANVILLE.

Report of the
committee, &c.
approved by the
king in council.

Tbe attorney
and solicitor
general ordered
to prepare the
deeds.

The king's
grant to Lord
Carteret for
l-8th part of
the provinces
so allotted to
him.

eighth part of both the provinces of Carolina, and that thereupon
it might be advisable for his majesty to order his attorney and
solicitor general to prepare the necessary instruments or deeds,
conformable to what is contained in the afore mentioned reports of
the fifteenth of September, one thousand seven hundred and forty-
two, for conveying, releasing and confirming the said lands to the
said Lord Carteret and his heirs, and likewise for the said Lord
Carteret's surrendering up to his majesty all his pretensions to the
government of the said provinces of Carolina, and for conveying,
releasing, and confirming to his majesty, his heirs and successors,
the other seven parts of the said provinces. And whereas on
the said ninth of May last, his majesty in council, took the said
report last above mentioned into consideration, and was pleased
with the advice of his privy council to approve thereof, and also,
of the return and plan thereto affixed, and of the allotment of land
thereby made to the said Lord Carteret for his one eighth part of
the province of Carolina, and his majesty did thereby order that
Mr Attorney and Mr Solicitor General do prepare such instru-
ments or deeds as are proposed by the said report, as by the said
orders and reports, relation being thereunto respectively had may
more fully appear.

Now this indenture witnesseth, that for and in consideration of
the said John Lord Carteret surrendering, releasing and confirm-
ing unto his said majesty, all his estate, right, title and interest of,
in and to the government of the said provinces of Carolina, and of,
in and to the said seven eighth parts divided from the said one
eighth part so allotted to the said John Lord Carteret as aforesaid,
of and in the aforesaid provinces or territories called Carolina, and
also for and in consideration of the said John Lord Carteret's grant-
ing and assigning unto his said present majesty all and every the
arrears of quit rents and other sum or sums of money, debts, du-
ties, accounts, reckonings, claims and demands whatsoever, which
are now due and owing to his present majesty and to the said
Lord Carteret from the farmers, tenants or inhabitants of the said
seven eighth parts of the said provinces or territories, for the re-
spective lands and tenements which are situate within, and part of
the seventh eighth parts of the said provinces or territories as afore-
said, his said present majesty, of his especial grace, certain knowledge
and mere motion, hath been graciously pleased to give and grant,
ratify, release and confirm, and by these presents for himself, his
heirs and successors, doth give and grant, release, ratify and con-
firm unto the said John Lord Carteret, his heirs and assigns for-
ever, all that the said one eighth part of the said provinces and
territories as the same is separated, set out and allotted to the said
John Lord Carteret, by the said commissioners as aforesaid ; and
the reversion and reversions, remainder and remainders, yearly and
other rents, issues and profits of, in and to, and out of the said one
eighth part of the said provinces and territories and every part and
parcel thereof, and also all the estate, right, title, interest, trust,
property, right of action, right of entry, claim and demand what-

GRANT TO EARL GRANVILLE. 29

soever of his said present majesty of, in and to the same, every
or any part or parcel thereof, together with all and singular the
like, and as ample rights, privileges, royalties, liberties, immuni-
ties and franchises, of what kind soever, within the said one eighth
part of the said provinces or territories so divided, set out, and
allotted to the said John Lord Carteret as aforesaid, in as ample
manner and form as the said John Lord Carteret, together with
the said Henry Duke of Beaufort, William Lord Craven, James
Bertie, Doddington Greville, Henry Bertie, Mary Dawson, Eliza-
beth Moor, Sir John Colleton, Archibald Hutcheson, John Cot-
ton and Joseph Blake, any or either of them could have held, used
or enjoyed the same by virtue of the said recited letters patent, or
either of them, in case the said act of parliament and conveyances
herein before recited had not been made, except nevertheless, out Exceptions to
of this grant, the said powers of making laws, calling or holding ^general
of assemblies, erecting courts of justice, appointing judges orb'
justices, pardoning criminals, creating or granting titles of honor,
making ports or havens, taking customs or duties on goods laden
or unladen, making and erecting counties, forts, castles and cities,
or furnishing them with habiliments of war, incorporating cities,
boroughs, towns, villages or any other place or places, raising, em-
ploying or directing the militia, making war or executing martial
law, exercising any of the royal rights of a country palatine, and
of doing, using or exercising any other the prerogatives, pre-emi-
nences, rights, jurisdictions and authorities of, belonging or re-
lating to, the administration of the government of the said one
eighth part of the said provinces. To have and to hold the said
one eighth part of the said provinces and territories so divided,
set out, and allotted to the said John Lord Carteret as aforesaid ;
and all other the royalties, franchises, powers, privileges, lands,
tenements, hereditaments and premises hereby given, granted, re-
leased and confirmed, or intended so to be, with their, and every
of their appurtenances (except as before excepted) unto the said
John Lord Carteret, his heirs and assigns, to the use and behoof
of the said John Lord Carteret, his heirs and assigns forever ;
yielding and paying to his said majesty, his heirs and successors
the annual rent of one pound thirteen shillings and four pence,
payable at the feast of All Saints forever : And also one fourth 0fli 13f . 4^en
part of all gold and silver ore, that shall be found within the said andl,-4tl? Part.

1 -ii c- i • i • i f ■ i of all arold and

one eighth part ol the said premises so separated as aloresaid. siiver ore.

And this indenture further witnesseth, that as well for the con-
sideration aforesaid as for divers other good considerations there-
unto especially moving, his said present majesty hath given, grant-
ed and assigned, and by these presents doth, for himself, his heirs
and successors, give, grant and assign unto the said John Lord
Carteret, his executors, administrators and assigns, all the arrears Au arrears 0f
of quit rent, sum and sums of money, debts, duties, accounts, quit-rents due
reckonings, claims and demands whatsoever, now due and owing p°art H allotted,
to his said present majesty, and the said John Lord Carteret, or also conveyed
either of them, for or from the said one eighth part of the saidr°t_or

30 GRANT TO EARL GRANVILLE.

provinces and territories so divided, set out, and allotted to the
said John Lord Carteret as aforesaid ; and all the right, title, in-
terest, trust, property, benefit, advantage, claim and demand what-
soever, of his said present majesty, of, in, and to the same. To
have, hold, receive and enjoy the same arrears, sums of money,
and premises herein last before given, granted and assigned unto
the said John Lord Carteret, his executors, administrators and as-
signs, to and for his and their own use and benefit.

Witnessed by the King, at Westminster, the day and
year first above mentioned.

BY WRIT OF PRIVY SEAL.

TREATY OF PEACE

BETWEEN

AMERICA AND GREAT BRITAIN

BY THE UNITED STATES IN CONGRESS ASSEMBLED.

A PROCLAMATION.

Whereas definitive articles of peace and friendship between
the United States of America and his Britannic majesty, were con-
cluded and signed at Paris, on the third day of September, 1783,
by the plenipotentiaries of the said United States and of his said
Britannic majesty, duly and respectively authorised for that pur-
pose ; which definitive articles are in the words following :

In the name of the JWost Holy and Undivided Trinity :

It having pleased the Divine Providence to dispose the hearts of
the most serene and most potent Prince George the Third, by the
grace of God, King of Great Britain, France and Ireland, Defender
of the Faith, Duke of Brunswick and Lunenburgh, Arch-treasurer
and Prince-elector of the holy Roman empire, &c, and of the
United States of America, to forget all past misunderstandings and
differences that have unhappily interrupted the good correspon-
dence and friendship which they mutually wish to restore, and to
establish such a beneficial and satisfactory intercourse between the The object of
two countries, upon the ground of reciprocal advantages and mutual the £***? « to

* x o i tj csttibiisn 3. ben-

convenience, as may promote and secure to both perpetual peace eficial inter-
and harmony ; and having for this desirable end already laid the course, Peace

* ^ . ... and n&rmony

foundation of peace and reconciliation, by the provisional articles between the

signed at Paris, on the thirtieth of November, 1782, by the com- two countries.

missioners empowered on each part, which articles were agreed to

be inserted in, and to constitute the treaty of peace proposed to

be concluded between the crown of Great Britain and the said

United States, but which treaty wras not to be concluded until

terms of peace should be agreed upon between Great Britain and

France, and his Britannic majesty should be ready to conclude

such treaty accordingly ; and the treaty between Great Britain and

France, having since been concluded, his Britannic majesty and

the United States of America, in order to carry into full effect the

32

TREATY OF PEACE.

provisional articles above mentioned, according to the tenor
thereof, have constituted and appointed, that is to say, his Britan-
nic majesty on his part, David Hartley, Esq., member of the
parliament of Great Britain, and the said United States on their
part, John Adams, Esq., late a commissioner of the United States
of America at the court of Versailles, late delegate in congress
from the State of Massachusetts, and chief justice of the said State,
and minister plenipotentiary of the said United States to their
high mightinesses the States-General of the United Netherlands ;
Benjamin Franklin, Esq., late delegate in congress from the State
of Pennsylvania, president of the convention of the said State, and
minister plenipotentiary from the said United States of America at
the court of Versailles ; and John Jay, Esq., late president of con-
gress and chief justice of the State of New York, and minister
plenipotentiary from the said United States at the court of Madrid,
to be plenipotentiaries for the concluding and signing the present
definitive treaty ; who, after having reciprocally communicated
their respective full powers, have agreed upon and confirmed the
following articles :

Great Britain Art. *• His Britannic majesty acknowledges the said United
^™ledges States, viz., New Hampshire, Massachusetts Bay, Rhode Island
dence oTthe U. mid Providence Plantations, Connecticut, New York, New Jer-
States, &c. sey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia, to be free, sovereign and independent
States ; that he treats with them as such, and for himself, his heirs
and successors, relinquishes all claims to the government, property
and territorial rights of the same, and every part thereof.
The boundaries Art. 2. And that all disputes which might arise in future, on
SKS*6 subject of the boundaries of the said United States, may be
tablished. ' prevented, it is hereby agreed and declared, that the following are
and shall be their boundaries, viz. from the north west angle of
Nova Scotia, viz. that angle which is formed by a line drawn due
north from the source of St. Croix river to the Highlands, along
the said Highlands, which divide those rivers that empty them-
selves into the river St. Lawrence, from those which fall into the
Atlantic ocean, to the north westernmost head of Connecticut riv-
er ; thence down along the middle of that river to the forty fifth
degree of north latitude ; from thence by a line due west on said
latitude, until it strikes the river Irriquois or Cataraqui ; thence
along the middle of the said river into Lake Ontario ; through the
middle of the said lake until it strikes the communication by wa-
ter between that lake and Lake Erie, through the middle of said
lake, until it arrives at the water communication between that lake
and Lake Huron, thence through the middle of said lake to the
water communication between that lake and Lake Superior; thence
through Lake Superior, northward of the Isles Royal and Phe-
lipeaux to the Long Lake ; thence through the middle of said
Long Lake and the water communication between it and the Lake
of the Woods, to the said Lake of the Woods : thence through
the said lake to the most north western point thereof, and from
thence on a due west course to the river Mississippi ; thence by a

TREATY OF PEACE. 33

line to be drawn along the middle of the said river Mississippi un-
til it shall intersect the northernmost part of the thirtyfirst degree
of north latitude, south, by a line to be drawn due east from the
determination of the line last mentioned in the latitude of thirtyone
degrees north of the equator, to the middle of the river Apalachi-
cola or Catahouche ; thence along the middle thereof to its junc-
tion with the Flint river ; thence strait to the head of St. Mary's
liver ; and thence down along the middle of St. Mary's river to
the Atlantic ocean ; east by a line to be drawn along the middle
of the river St. Croix from its mouth in the bay of Fundy to its
source, and from its source directly north to the aforesaid High-
lands which divide the rivers that fall into the Atlantic ocean from
those which fall into the river St. Lawrence, comprehending all
islands within twenty leagues of any of the shores of the United
States, and lying between the lines to be drawn due east from the
points where the aforesaid boundaries between Nova Scotia on the
one part, and East Florida on the other, shall respectively touch
the bay of Fundy and the Atlantic ocean, excepting such islands
as now are or heretofore have been within the limits of the said
province of Nova Scotia.

Art. 3. It is agreed that the people of the United States shall The citizens of

° , ii-i Trie l • J tneU. States to

continue to enjoy unmolested the right to take nsh of every kind continue to en-

on the Grand Bank, and on all the other banks of Newfoundland, jp^e right of

also in the gulph of St. Lawrence, and all other places in the sea, banks3 of New-

where the inhabitants of both countries used at any time heretofore f°und J?-nd, in

to fish. And also that the inhabitants of the United States shall Lawrence, &c.

have liberty to take fish of every kind on such part of the coast

of Newfoundland as British fishermen shall use, (but not to dry or

cure the same on that island) and also on the coasts, bays and

creeks of all others of his Britannic majesty 's dominions in Araer- Liberty to cure

ica ; and that the American fishermen shall have liberty to dry fish in the un-

and cure fish in any of the unsettled bays, harbors and creeks of 0f Novalscotia,

Nova Scotia, Magdalen islands and Labrador, so long as the same&c.

shall remain unsettled ; but so soon as the same or either of them

shall be settled, it shall not be lawful for the said fishermen to dry

or cure fish at such settlement without a previous agreement for

that purpose with the inhabitants, proprietors or possessors of the

ground.

Art. 4. It is agreed that creditors on either side shall meet Creditors to
with no lawful impediment to the recovery of the full value, in lawful impedi-
sterline money, of all bona fide debts heretofore contracted. mentstothe

4 ° _ t • ii in i i • recovery of bo-

Art. 5. It is agreed that congress shall earnestly recommend it na fide debts.
to the legislatures of the respective states to provide for the resti- Congress to re-
tution of all estates, rights and properties, which have been con- Xte^toVro
fiscated, belonging to real British subjects ; and also of the estates, vide for the res-
rights and properties of persons resident in districts in the posses- g^ted estates"
sion of his majesty's arms, and who have not borne arms against &c.
the said United States ; and that persons of any other description 12 months al-
shall have free liberty to go to any part or parts of any of the thirteen persons to en-
United States, and therein to remain twelve months unmolested in deavortorecov-
their endeavors to obtain the restitution of such of their estates, &<.. '

VOL. II.

34

TKEATY OF PEACE.

rights and properties, as may have been confiscated ; and that con-
gress shall also earnestly recommend to the several states a re-con-
sideration and revision of all acts or laws regarding the .premises,
so as to render the said laws or acts perfectly consistent, not only
with justice and equity, but with that spirit of conciliation, which,
on the return of the blessings of peace should universally prevail ;
Confess to re- and that congress shall also earnestly recommend to the several
SSstates' that the estates,, rights and properties of such last mentioned
deration of their persons shall be restored to them, they refunding to any persons
ingcoXc™" who may be now in po/sessfon,^. jpnajjde price (where any has
tions, &c. been given) which such persons may have paid on purchasing any
of the said lands, rights or properties since the confiscation.

rnrin0tnerestaSn% And # is aSre.ed that a11 Persons who have any interest in con-
confiscated nscated lands, either by debts, marriage settlements or otherwise

25S1MmeetwitlinolawfQl impediment in the prosecution of their
rights. just rights.

ai7prosec°unS Art" 6' . That there sha11 be no future confiscations made, nor

tions to cease, any prosecutions commenced against any person or persons, for

&c- or by reason of the part which he or they may have taken in the

present war ; and that no person shall, on that account, suffer any

future loss or damage, either in his person, liberty or property ; and

that those who may be in confinement on such charges, at the time

of the ratification of the treaty in America, shall be immediately

set at liberty, and the prosecutions so commenced be discontinued.

peralpelceT, . Art- 7 \ Tbere sha11 be * fern and perpetual peace between

prisoners to be his Britannic majesty and the said States, and between the subjects

S-oeTnottobe^ tb<: one and the citizens of the other ; wherefore all hostilities
carried away; both by sea and land shall from henceforth cease ; all prisoners on
flreTtseStoabe both sitIes sha11. be set at liberty, and his Britannic majesty shall,
withdrawn; ar- with all convenient speed, and without causing any destruction, or
S-'tobSStoE?8?^ away any negroes or other property of the American to-
ed, &c. habitants, withdraw all his armies, garrisons, and fleets, from the
said United States, and from every post, place and harbor within
the same, leaving in all fortifications the American artillery that
may be therein ; and shall also order and cause all archives, re-
cords, deeds and papers belonging to any of the said states, or
their citizens, which in the course of the war may have fallen into
the hands of his officers, to be forthwith restored, and delivered
to the proper states and persons to whom they belong.
SrMSsippi Art- 8- The navigation of the river Mississippi from its
to be free to source to the ocean, shall forever remain free and open to the
both nations. SUDjects of Great Britain and the citizens of the United States.
Se before Art- $• In case it should so happen that any place or terri-
the arrival of tory belonging to Great Britain or to the United States should
anicFeMoS1bealhave been conqi,ered by the arms of either from the other, before
restored. the arrival of the said provisional articles in America, it is agreed
that the same shall be restored without difficulty, and without re-
quiring any compensation.
£SS£S? ART;. 10- /he solemn ratifications of the present treaty, ex-
in six months, pedited in good and due form, shall be exchanged between the con-
tracting parties in the space of six months, or sooner, if possible,
to be computed from the day of the signature of the present treaty.

TREATY OF PEACE.

In witness whereof, we the undersigned, their ministers plenipoten-
tiary, have in their name, and in virtue of our full powers, signed
with our hands the present definitive treaty, and caused the seals
of our arms to be affixed thereto,

Done at Paris, this third day of September, in the year of our Lord one thousand
seven hundred and eightythree.

(L. S.) JOHN ADAMS.
(L. S.) DAVID HARTLEY, (L. $.) B. FRANKLIN.

(L. S.) JOHN JAY.

And we the United States in congress assembled, having seen
and duly considered the definitive articles aforesaid, did, by a cer-
tain act under the seal of the United States, bearing date this four-
teenth day of January, 1784, approve, ratify and confirm the same,
and every part and clause thereof, engaging and promising that we
would sincerely and faithfully perform and observe the same, and
never suffer them to be violated by any one, or transgressed in
any manner, as far as should be in our power : and being sincerely
disposed to carry the said articles into execution truly, honestly,
and with good faith, according to the extent and meaning thereof,
we have thought proper, by these presents, to notify the premises
to all the good citizens of these United States, hereby requiring
and enjoining all bodies of magistracy, legislative, executive and
judiciary, all persons bearing office, civil, or military, of what
rank, degree or powers, and all others the good citizens of these
States of every vocation and consideration, that reverencing those
stipulations entered into on their behalf, under the authority of that
federal bond by which their existence as an independent people is
bound up together, and is known and acknowledged by the nations
of the world, and with that good faith which is every man's surest
guide, within their several offices, jurisdictions and vocations, they
carry into effect the said definitive articles, and every clause and
sentence thereof, sincerely, strictly and completely.

Given under the seal of the United States. Witness his Excellency THOMAS
MIFFLIN, our president, at Annapolis, this fourteenth day of January, in the
year of our Lord one thousand seven hundred and eightyfour, and of the sover-
eignty and independence of the United States, the eighth.

(L. C. S.) THOMAS MIFFLIN.
Charles Thomson, Secretary.

35

At a General Assembly, begun and held at Tarborough, on the eighteenth day of Novem- Richard Cas-
ber, in the year of our Lord one thousand seven hundred and eightyseven, and in the well, Esq. gov~
twelfth year of the independence of the said State : Being the first session of the ernor.
said Assembly.

An act declaring the treaty of peace between the United States of America and the King
of Great Britain, to be part of the law of the land.

1 . Be it enacted, fyc. That the articles of the definitive treaty Treaty with G.
between the United States of America and the King of Great the law o°f the
Britain, are hereby declared to be part of the law of the land. laud-

2. And be it further enacted, That the courts of law and equity 2°Cordu10lJUdge
are hereby declared in all causes and questions cognizable by them
respecting the said treaty to judge accordingly.

BANKS.

BANK OF CAPE FEAR.

AN ACT FOR ESTABLISHING A BANK IN THE TOWN OP WILMING-

TON.

(Passed in the year 1804.)

Whereas the increase of population and commerce in the
districts of Wilmington and Fayetteville, renders it expedient that Preamble.
a bank should be established for their accommodation in the town
of Wilmington :

1. Beit enacted, #c, That a bank shall be established in the Capital stock,
town of Wilmington, the capital stock whereof shall not exceed

two hundred and fifty thousand dollars, divided into shares of one
hundred dollars each ; but in the mean time, subscriptions towards |j$JJg£jf
constituting one hundred thousand dollars of said stock shall be
opened ; that is to say, at Wilmington on die first Monday in
April next, for five hundred shares, under the superintendence of
George Hooper, John London, John Hill, John Hogg, Richard
Bradley, William Giles and Henry Watters ; and on the same
day at Fayetteville, for five hundred shares, under the superin-
tendence of John Winslow, David Anderson, William B. Grove,
Duncan M'Leran, Robert Holliday, Peter Perry and Simeon
Belden. And a majority of said commissioners, at the places
above mentioned respectively, shall be sufficient to perform the
duties of their appointment ; and it shall be competent for the
corporation created by this act to proceed to fill up, in whole or
part, the remaining fifteen hundred shares, by subscriptions to be
opened at the above places, respectively, at such time, and under
such commissioners, as they may appoint, giving three months no-
tice thereof in the Wilmington, Newbern and State Gazettes.

2. And be it further enacted, That the amount of the share or Subscriptions
shares subscribed for shall be paid by the several and respective J?old JfsilveV.
subscribers, in gold or silver, onefourth thereof at the time of
subscribing, to the said commissioners, and onefourth within sixty when paid,
days after the bank shall go into operation, onefourth within one
hundred and twenty days, and onefourth in six months, to the bank
directors for the time being : Provided always, That it shall be

lawful for any subscriber to pay the whole of his subscription
money, or any greater part than is hereby required, before the

38 BANK OF CAPE FEAR.

time limited for the same ; and each and every subscriber so pay-
ing in advance, shall have a discount at the rate of six per centum
per annum on such advance, computing from the commencement
of the operation of the said bank ; and any person or persons fail-
Forfeiture on jng to pay any instalment at the time herein appointed, shall forfeit
to the corporation the sum or sums by him or them before paid,
and shall thenceforth cease to be a member thereof ; and it shall
be competent for the corporation to supply any deficiency occa-
sioned by any such delinquency, by sale or otherwise, as they
may deem proper.
Subscribers in- 3. And be it further enacted, That the subscribers to the said
corporated. bank, their successors and assigns, shall be, and are hereby created
and made a corporation and body politic, in law and in fact, by
the name and style of " The President, Directors and Company
of the Bank of Cape Fear," and shall so continue until the first
day of January, one thousand eight hundred and twenty, and by
the name and style aforesaid, they shall be, and are hereby made
able and capable in law, to have, purchase, receive, possess, enjoy
and retain, to themselves and their successors, lands, rents, tene-
ments, hereditaments, goods, chattels and effects, to an amount
not exceeding in the whole (including the amount of the capital
stock aforesaid) six hundred thousand dollars, and the same to sell,
grant, demise, alien or dispose of, to sue and be sued, implead
and be impleaded, answer and be answered, defend and be de-
fended, in courts of record or any other place whatsoever ; and
also to make, have and use, a common seal, and the same to break,
alter and renew at their pleasure ; and also to ordain, establish and
put in execution, such bylaws, ordinances and regulations, as shall
seem necessary for the government of the said corporation, not
being contrary to the constitution of this State, or of the United
States, or of the said corporation ; for which purpose, general
meetings of the stockholders shall and may be called by the direc-
tors as hereinafter specified, and generally to do and execute all
such acts, matters and things as to them shall and may appear ne-
cessary : subject nevertheless to the rules, regulations and restric-
tions hereinafter declared and prescribed.
To be eleven 4. And be it further enacted, That for the well ordering of the
directors elect- affairs of the said corporation, there shall be eleven directors, be-
ing citizens of this State, of whom at least seven shall be residents
of Wilmington, or within fifteen miles thereof, elected yearly by
the stockholders, at a general meeting to be held annually at Wil-
mington, on the first Monday in January ; provided the first elec-
tion of directors shall not be included in the before mentioned
general regulation, but shall be held at the time and in the manner
hereinafter directed ; and provided that in case it should at any
time happen that an election of directors should not be made on
The corpora- any day when pursuant to this act it ought to have been made,
tion n°t to dis- the Said corporation shall not for that cause be dissolved, but it
tors be not " shall be lawful on any other day within ten days thereafter, to hold
elected. and make an election for directors, in such manner as shall be

regulated by the laws and ordinances of the said corporation ; and

BANK OF CAPE FEAR. 39

that in case of the death, resignation or absence from the State,
of any director, his place shall be filled up by a new choice for
the remainder of the year by a majority of the directors.

5. Jlnd be it further enacted, That on the first day of May The manner of
next, and every thirty days thereafter, if the subscription shall nbt^jj^jj18
be sooner closed, the commissioners appointed at Fayetteville,

shall transmit and deliver to the commissioners appointed at Wil-
mington, a list of the several subscribers at such place, and the
share or shares to each and every subscriber belonging, together
with the full amount of the subscription money by the said com-
missioners received as aforesaid ; for which amount the receipt
in writing of the said commissioners appointed in and for the town of
Wilmington, or a majority of them, shall be a sufficient acquittance
and discharge to the persons respectively paying the same ; and as
soon as the sum of twentyfive thousand dollars in the manner afore-
said shall be actually received on account of the subscription to
the said capital stock of the said bank, notice thereof shall be
given by the commissioners appointed in and for the town of Wil-
mington, in the Wilmington and State Gazettes, and the same per- When $25,000
sons shall at the same time notify a time and place within the said ^k^eokto
town at the distance of twenty days from the time of such notifi- operation,
cation, for proceeding to the choice of directors ; and it shall be
lawful for such election to be then and there made, and the eleven
persons who shall then and there be chosen, shall be the first di-
rectors and shall be capable of serving until the first Monday in
January thereafter or until their successors shall be duly elected ;
and the said directors shall forthwith commence the operations of
the said bank at the town of Wilmington.

6. Jlnd be it further enacted, That it shall be lawful for the A branch bank
corporation to establish a branch of said bank, whensoever they ™sYed at FW-
shall think fit, at and in the town of Fayetteville, for the purpose etteville.

of discount and deposite only, and upon the same terms and in
the same manner as shall be practised at the bank in Wilmington,
and to commit the management of the said office or branch, and
the making of the said discounts, to such persons under such
agreements, and subject to such regulations as they shall deem
proper, not contrary to the constitution of this State, the United
States, or of this corporation : subscriptions may be made in per-
son or by proxies appointed in writing.

7. And be it further enacted, That the directors for the time Directors to ap-
being shall have power to appoint such officers, clerks and servants P01I£ °fficers>
under them, as they shall deem proper, and regulate their respec-
tive duties and compensation, and shall be capable of exercising

such other powers and authorities as shall be described, fixed and
determined by the laws, regulations and ordinances of the corpo-
ration.

8. Jlnd be it further enacted, That the following rules, res trie- Fundamental
tions, limitations and provisions, shall form and be the fundamental arttf!^L„f

' 1 ' t constitution 01

articles of the constitution of the said corporation : The number of the bank,
votes to which each stockholder shall be entitled, shall be accord-
ing to the number of shares he shall hold, one vote for each share ;

40

BANK OF CAPE FEAR.

they shall have a right to vote by a proxy, he being a stockholder :
No director shall receive any emolument ; the stockholders may
allow a salary or other compensation to the president : No less
than five directors shall constitute a board for the transaction of
business, of whom the president shall always be one, unless in case
of sickness or necessary absence, he shall appoint by a written in-
strument a director to fill his place : A number of stockholders,
not less than twenty five, being altogether owners of fifty shares,
shall have power to demand a general meeting, and the president
shall call one within thirty days after the communication of their
request : Every cashier shall give bond and security, before he
enters on the duties of his office, in the sum of ten thousand dol-
lars, and the other officers, clerks or servants of the corpora-
tion, shall give such security as the directors shall require :
The stock of the said corporation shall be transferable and aliena-
ble, according to such rules and regulations as the corporation
shall, from time to time, make for that purpose : Bills, bonds and
notes, subscribed by the president, and countersigned by the
cashier, shall be binding and obligatory upon the corporation :
Half-yearly dividends shall be made of such part of the profits of the
bank as shall appear advisable : The total amount of notes emitted
or thrown into circulation by the said corporation, together with
their debts of every description, shall not at any time exceed the
sum of seven hundred and fifty thousand dollars, over and above
the moneys then actually deposited in the bank for safe keeping ;
and in case of excess, the directors under whose administration it
shall happen, shall be liable for the same in their natural private
capacities, and an action of debt may in such case be brought against
them, or any of them, or their heirs, executors or administrators,
in any court of record, by any creditor or creditors of the said
corporation, and may be prosecuted to judgment and execution ;
any condition, covenant or agreement to the contrary notwithstand-
ing : Provided, That any of the directors who may have been ab-
sent, or have dissented from the resolution or act whereby such
excess was contracted or created, may respectively exonerate
themselves from being so liable, by forthwith entering their protest
with and before a notary public, and to the stockholders at a gen-
eral meeting, which they shall have power and are hereby required
and directed to call for that purpose : None but a stockholder,
being a citizen of this State, shall be eligible as a director : The
lands, tenements and hereditaments which it shall be lawful for the
said corporation to hold, shall be only such as shall be requisite
for its immediate accommodation in relation to the convenient
transacting of its business, and such as shall have been bona fide
mortgaged to it by way of security, or conveyed to it in satisfac-
tion of debts previously contracted in the course of its dealings, or
purchased at sales on judgments, which shall have been obtained
for such debts : Nor shall this corporation, directly or indirectly,
deal or trade in any thing except bills of exchange, gold or silver
bullion, or in the sale of goods really and truly pledged for money
lent and not redeemed in due time, or in goods the produce of its

BANK OF CAPE FEAR. 41

lands ; neither shall the said corporation take more than the rate
of a half per centum for thirty days, for or on account of its loans
or discounts.

9. And be it further enacted, That it shall and may be lawful The State may
for the State of North Carolina, at any time within three years esteTilTh""
from and after the passing of this act, to become interested in said bank,
bank, to an amount not exceeding two hundred and fifty shares

of one hundred dollars each ; and on the payment into the said
bank by the State for any shares she may deem it advisable so to
take, it shall be lawful thenceforward for the said corporation to issue
notes founded on such extension of capital, in the same ratio as is
iierein before provided on the original stock created by virtue of
'his act.

10. And be it further enacted, That the commissioners ap- A house, &c. to
pointed by this act for receiving subscriptions in the town of Wil- e pr0V1 e '
mington, shall, immediately after a sufficient number of shares are

taken, provide a house for carrying on the business of the bank,
together with all necessary paper, stationery, vaults and utensils
suitable to the same, so that as soon as the directors are chosen,
the operations of the said bank may be immediately prosecuted
and carried into effect.

(Section 11, repealed by the act of 1814.)

AN ACT TO AUTHORIZE THE TREASURER, IN THE NAME OF TITS
STATE OF NORTH CAROLINA, TO SUBSCRIBE IN THE BANKS OF
CAPE FEAR AND NEWBERN FOR THE NUMBER OF SHARES WHICH
THE STATE HAS RESERVED THE RIGHT OF SUBSCRIBING FOR IN
EACH OF THE SAID BANKS.

(Passed in the year 1S07. So far as regards the bank of Newbern expired, that
bank having ceased to exist in 1337.)

1. Be it enacted, fyc. That the public treasurer be, and he is Treasurer to
hereby authorized to subscribe in either or both of said banks, at subscribe for
such time as he shall deem it expedient, and he and the directors each bank."1
of said banks, or either of them, shall agree on, for two hundred
and fifty shares of bank stock, on the following terms and condi-
tions, to wit : That he pay at the time of subscribing, out of any
moneys of the currency of the State in the public treasury, one-Mannerof
third of the amount of said shares ; that he pay at the expiration ing for the
of twelve months thereafter one other third of the said amount, shares-
and at the expiration of twelve months after the payment of the last
mentioned third, the remaining third and full amount of said shares ;
and that for the deferred payments he pay an interest, at the rate of
four per centum per annum from the time of subscribing : Provided,
however, that after paying the last instalment to either of the afore-
said banks, the treasurer shall be authorized to borrow therefrom
the amount of the said instalments from time to time, on the terms
on which loans are made therein, until the dividends received be
sufficient to pay off the sum borrowed.

VOL. II. 6

42

BANK OF CAPE FEAR.

Treasurer, &c. 2. And be it further enacted, That the treasurer, together with
dSXor Wt^e comptroller and secretary, or any two of them, be authorized
each bank. and empowered to appoint three additional directors of each or
both of the banks, in which subscriptions shall be made as afore-
said, and the directors for each or either of said banks so appoint-
ed, shall possess the same qualifications, have the same power,
and be subject to the same rules, regulations and restrictions as
the other directors, which shall be chosen by the stockholders.
The notes of 3. And be it further enacted, That in case the directors of said
be^ceSin0 banks respectively, or either of them, shall accept of the above-
payment of pub- stated terms, and the subscriptions shall be made by the treasurer
thedtreasurny. * for the number of shares first above stated, then and in that case
the bank-notes of the bank or banks in which the said subscriptions
shall be made, shall be and are hereby declared to be receivable
in payment of all public dues, and at the public treasury.
Offices of dis- 4. And be it further enacted, That it shall he lawful for the
established.'6 president and directors of each of the aforesaid banks to establish
offices of discount, or offices of discount and deposit, at other
places than the towns wherein the said banks are fixed, or where
by their respective charters, branches may be established ; pro-
vided that not more than two such offices, other than aforesaid,
shall be established and kept in existence by either of the banks at
the same time, and that the management of such offices be com-
mitted to such persons, and under such agreements, and subject
to such regulations as the president and directors respectively may
deem proper, not contrary to the constitution of this State, or of
the United States, or of the aforesaid corporations. Provided,
also, that no office of discount, or of discount and deposit, shall be
established by either of the said banks, unless they accede to the
terms of subscription proposed by this act on the part of the
State.
Power to issue 5- Be *' further enacted, That the said banks, inconsequence
additional , of any subscription by the treasurer in behalf of the State, shall
J have power to issue notes only in the same ratio as that established
by their respective charters, that is to say, in the ratio of three
for one, on the amount of its capital stock actually subscribed and
paid for, over and above the money deposited for safe keeping.

notes.

AN ACT TO CONTINUE IN FORCE CERTAIN ACTS CONCERNING THE
BANKS OF CAPE FEAR AND NEWBERN, AND FOR OTHER PURPOSES
CONCERNING THE SAID BANKS.

(Passed in the year 1814. So far as regards the bank of Newbern the act has ex-
pired, and it is corrected accordingly.)

1. Be it enacted, tyc. That the act entitled " An act to estab-
lish a bank in the town of Wilmington," passed in the year one
thousand eight hundred and four, and all other acts subsequently
passed, relating to the management, direction and affairs of said

BANK OF CAPE FEAR. 43

bank, be, and the same are hereby continued in force until the first
day of January, one thousand eight hundred and thirtyfive, except
as hereinafter provided for. flJ... .

2. Be it further enacted, That the president and directors of Adgtunl
the bank of Cape Fear, shall be, and they are hereby authorized
to add to the capital stock of said bank five thousand two hun-
dred and fifty shares of one hundred dollars each.

3 Be it further enacted, That the president and directors
of the bank of Cape Fear shall within six months after notice
given to the governor of this State in the manner hereinafter pre-
scribed, of the acceptance of the amended charter by the stock-
holders in the said bank, open books for receiving subscriptions
to the said stock at the city of Raleigh, and the towns ol W ll- places for
mington, Newbern, Fayetteville, Edenton, Halifax, Hillsborough, JRgjg£.
Washington, Warrenton, Salisbury, Tarborough, Morganton,
Pittsborough, Salem, Rutherfordton, Plymouth, Murfreesborough
and Greensborough, and in Nash county ; and keep the same open
for receiving subscriptions to the said stock until the whole stock
authorized by this act shall be subscribed. But all shares not sub-
scribed for within forty days after opening the books as aforesaid
shall be sold and disposed of by the said president and directors at
such price as they may think proper, not exceeding an advance ol
ten dollars on each share ; and purchasers of shares after the ex-
piration of the said forty days shall pay down at the time of sub-
scribing, with the first instalment, the advance required by the said
president and directors, and shall then stand upon the same loot-
ing with those who subscribe within the said forty days according
to the payments they may have made.

4. Be it further enacted, That ten dollars upon each share sub- Times for pay-
scribed shall be paid at the time of subscribing, and the remaining
ninety dollars in payments of ten dollars every sixty days there-
after until the whole shall be paid ; the said deferred payments
bearing interest at the rate of six per centum per annum until paid ;
and it shall be at the option of each subscriber to fill up his share
or shares by payment of the residue of the money due thereon ;
and each subscriber paying in advance shall have a discount at the
rate of six per centum per annum on such advance. When hlty
dollars on any share shall be paid, the holder thereof shall be en-
titled to receive dividends on the whole share ; and on failure to
make payment punctually of any of the said first-mentioned five
instalments on every share, the subscriber so failing shall forfeit shares forfeit-
to the use of the company, all the money that has been previously «l
paid on such share : and such share shall be sold by the president
and directors for the benefit of the company, but there shall be
no forfeiture after the payment of fifty dollars on each share.

5. Be it further enacted, That the president and directors of Bankregred
said bank shall at all times from and after the passing Ox this act State.
and during the continuance of the same, be bound and obliged to
make a loan or loans to the State of North Carolina, if required
and authorized by law, of any sum or sums of money not exceed-
ing in the whole at any one time one tenth part of the actual stock

44

BANK OF CAPE FEAR.

1 ,000 shares re
served to the
State.

Dividends ac-
cruing to the
State.

Election of
stockholders.

of said bank, and at a rate of interest not exceeding six per cen-
tum per year to be paid yearly : Provided, that it shall be the duty
of the treasurer to make application in writing to the president and
directors of said bank for such loan or loans at least three months
previous to the time when such loan or loans shall be required.
. 6. Be it further enacted, That of the shares hereby allowed to be
subscribed to the stock of the said bank, one thousand shares shall be
reserved for this State and subscribed by the treasurer immediately
upon the opening of the books for receiving subscriptions as afore-
said : and as a consideration of this amended charter granted to
the said bank, the State shall be entitled to one hundred and eighty
shares of the said one thousand shares in the bank aforesaid, with-
out paying any thing therefor ; and at the expiration or earlier dis-
solution of the charter, the president and directors of the bank shall
pay to the treasurer for the use of the State the same rate of divi-
dend on the said shares, together with the shares, as may be paid
to other stockholders ; and shall be entitled to make payment for
four hundred and ten shares in the said bank in treasury notes to
be issued as hereinafter directed ; and shall be entitled to make
payment for the remaining four hundred and ten shares at any time
or times she may think proper during the continuance of this act,
and shall not be bound to pay to the said bank interest upon the
shares not paid for. But the interest which may accrue thereon
shall be accounted for as hereinafter directed.

7. Be it further enacted, That the State shall be entitled to re-
ceive full dividends upon the one hundred and eighty shares, men-
tioned in the preceding section : and like dividend upon four hun-
dred and ten shares, to be paid for in treasury notes after the se-
cond dividend to be declared by the said president and directors
after the first day of February next ; and from and after the de-
claration of the said second dividend, the State shall be entitled
to receive whatever sum shall accrue upon the remaining four hun-
dred and ten shares over and above six per centum per year, and
the same dividend shall be declared upon the said remaining shares,
as upon shares which have been fully paid for.

8. Beit further enacted, That at all meetings of the stock-
holders of the said bank, and at all elections for directors, the go-
vernor for the time being, or such other person or persons as he
or the legislature may from time to time appoint, shall act on be-
half of the State ; and shall have the same number of votes, to
which the greatest number of stockholders may be entitled pos-
sessing an equal number of shares, with those owned by the State
at the time of such election ; and the number of votes to which
each stockholder shall be entitled, except the State, shall be ac-
cording to the number of shares he shall hold in the proportions
following, that is to say : for one share and not more than two
shares one vote ; for every four shares above ten, and not exceed-
ing thirty, one vote ; for every six shares above thirty, and not
exceeding sixty, one vote ; for every eight shares above sixty, and
not exceeding one hundred, one vote ; and for every ten shares
above one hundred, one vote ; but no person, copartnership or

BANK OF CAPE FEAR. 45

body politic shall be entitled to a greater number than thirty votes.
No share or shares shall confer a right of suffrage which shall not
have been holden three calendar months previous to the day of
election. Stockholders actually resident within the State, and
none other may vote in elections, and at general meetings of the
stockholders, by proxy ; none but a stockholder being a citizen of
the State, and holding at least ten shares, shall be eligible as a di-
rector of the principal bank, nor shall a director of any other bank,
be eligible as a director of the said bank. Eleven principal di-
rectors shall be elected by the stockholders at their annual meet-
ing for the well ordering of the affairs of the said corporation,
seven of whom shall reside in the town of Wilmington. The
board of principal directors shall appoint annually the directors
of the several branches and agencies ; and other officers required
at the said branches and agencies.

A number of stockholders not less than thirty, who together Calling of
shall be proprietors of one hundred shares or upwards, shall have st0° ers'
power at any time to demand a general meeting of the stockhold-
ers for purposes relative to the said corporation: And upon such de-
mand the president of the bank shall call such meeting, giving at
least four weeks' notice in a public gazette published in the city of
Raleigh, and specifying in such notice, the object or objects of
such meeting. Every cashier of the said bank before he enters Cashiers shall
upon the duties of his office shall be required to give bond with ferity
two or more securities to the satisfaction of the directors, in a sum
not less than ten thousand dollars with condition for his good be-
havior. The total amount of the debts which the said corpora- Restriction in
tion shall at any time owe, whether by bond, bill, note or other 1&counts-
contract, shall not exceed the sum of two millions four hundred
thousand dollars, over and above the sum then actually deposited
in the said bank for safe keeping, unless the contracting of any
greater debt shall have been previously authorized by a law of this
State.

In cases of excess, the directors under whose administration it Directors liable
shall happen shall be liable for the same in their natural and pri- lncertamcases-
vate capacities ; and an action of debt may in such case be
brought against them, or any of them, their or any of their heirs,
executors or administrators, in any court of record of this State,
by any creditor or creditors of said corporation, and may be pros-
ecuted to judgment and execution : any condition, covenant or
agreement to the contrary notwithstanding : But this shall not be
construed to exempt the said corporation, or the lands, tenements,
goods, or chattels of the same from being also liable and chargea-
ble with the said excess ; such of the said directors who ma)^ have
been absent when the said excess was contracted, or created, or
may have dissented from the resolution or act, whereby the same
was so contracted or created, may respectively exonerate them-
selves from being so liable, by forthwith giving notice of the fact,
and of their absence or dissent, with or before some notary public,
and to the stockholders at a general meeting, which they shall have
power to call for that purpose.

46

BANK OF CAPE FEAR.

issuing notes
less than one
dollar.

Tax of one per
cent.

when re- The treasurer of this State shall be furnished from time to time,

urerto be for- as often as he may require, not exceeding once in three months,
nished with a with a statement of the amount of the capital stock of the said
the situation of corPorati°n? and of the debts due; of the moneys deposited, of
the bank. the notes in circulation, and of the cash on hand, and shall have a
right to inspect such general accounts in the books of the corpora-
tion, as shall relate to the said statements : Provided, that this
shall not be construed to a right of inspecting the account of any
private individual or individuals with the said bank.

(Sec. 9, obsolete.)

Parts of former 10. Be it further enacted, That the president and directors of
aCdthPb nk' tne sa'^ Dank of Cape Fear shall not issue any note or notes un-
prohibited fromder the sum of one dollar ; and from and after the first day of July
next, the eleventh section of an act passed in the year one thou-
sand eight hundred and four, entitled " An act to establish a bank
in the town of Wilmington," shall be repealed and made void.

(The rest of this section has had its operation.)

1 1 . Be it further enacted, That a tax of one per cent, per an-
num shall be levied on all stockholders in the bank of Cape Fear
except on the stock holden by this State, which shall be paid to
the treasurer of this State, by the president or cashier of said
bank, on or before the first day of October in each and every
year.

(Sect. 12, relating to the issue of treasury notes for payment of stock, has had its op-
eration.)

1 3. Be it further enacted, That the president of the bank of
Cape Fear shall make known to the governor of this State in
writing, within four months after the first day of January next, the
acceptance of this amended charter ; and in case of failure to do
so, this act and every part thereof shall become void, and of none
effect.

(Sections 14, 15 and 16 of this act never had any effect, their provisions being condi-
tional and temporary and are therefore omitted.)

17. And be it further enacted, That the president and direc-
tors of said bank may establish branches or agencies of their said
bank at such place or places within this State, as they may think
proper, and commit the management of said branches and agencies
and the making discounts thereat to such persons as they may
deem proper : Provided, that at each branch or agency so to be
established, there shall be appointed not less than three directors,
and that no such branch or agency shall be removed after its es-
tablishment unless directed by the stockholders in their general
meeting.

Acceptance of
this act to be
communicated
to the srovernor

Branches or
agencies.

AN ACT TO PROVIDE FOR THE REPRESENTATION OF THE STOCK
OF THIS STATE IN MEETINGS OF THE STOCKHOLDERS OF THE
BANKS OF THIS STATE.

(Passed in 1323. — Repealed by the provisions of the act of 1833; so far as regards the
bank of Cape Fear.)

BANK OF CAPE FEAR. 47

AN ACT TO ENABLE THE BANKS OF NEWBERN AND CAPE FEAR
TO WIND UP GRADUALLY AND TO FIX A UNIFORM RATE OF COL-
LECTION.

(Passed in 1329.— Repealed so far as regards the bank of Cape Fear in 1833.)

AN ACT TO RECHARTER THE BANK OF CAPE FEAR.
(Passed in the year 1833.)

Whereas, by the provisions of an act, passed in the year of our
Lord one thousand eight hundred and four, entitled, " An act for
establishing a bank in the town of Wilmington," the subscribers Preamble,
to the stock of said bank were incorporated under the name and
style of the " President, Directors and Company of the Bank of
Cape Fear ;" and whereas, by a subsequent act, passed in the
year of our Lord one thousand eight hundred and fourteen, en-
titled " An act concerning the banks of Cape Fear and Newbern,"
the capital of said bank was increased, and its existence as a cor-
poration extended to the first of January, in the year of our Lord
one thousand eight hundred and thirtyfive ; and whereas it is ex-
pedient now to continue the corporate privileges of the said bank
for a further term :

Be it therefore enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority of the
same, That the stockholders in the said bank, their successors and Corporation
assigns, shall be, and continue a body corporate, in law and in ^g^S of"
fact, under the name and style of the " President, Directors and s,ooo shares,
Company of the Bank of Cape Fear," with a capital stock 0f j^/""""*1'
eight thousand shares, of one hundred dollars each, until the first
day of January, one thousand eight hundred and fiftyfive ; and by
the name and style aforesaid, shall be, and are hereby made able
and capable in law to have, purchase, receive, possess, enjoy and
retain, to themselves, their successors and assigns, lands, rents,
tenements, hereditaments, goods, chattels and effects, to an amount
not exceeding in the whole, including the amount of capital stock
aforesaid, two millions four hundred thousand dollars, and the
same to sell, grant, demise, alien or dispose of, to sue and be
sued, implead and be impleaded, answer and be answered, defend
and be defended, in courts of record, or any other place whatso-
ever ; and also to make, have and use a common seal, and the
same to break, alter and renew at their pleasure ; and also to or-
dain, establish and put into execution such bylaws, ordinances
and regulations, as shall seem necessary for the government of the
said corporation, not being contrary to the constitution of this
State or of the United States, or of the said corporation ; for the
making whereof general meetings of the stockholders may be called
by the directors, as hereinafter specified ; and generally to do and
execute all such acts, matters and things, as to them shall and may

48

BANK OF CAPE FEAR.

How the State
shall be repre-
sented in meet-
ings of stock-
holders, &c.

Stockholders
how to vote.

How to call a
general meet-
ing of stock-
holders.

Number of di-
rectors, and
how to be
elected.

Proviso.

Election of
president.

appear necessary, subject, nevertheless, to the rules, regulations
and restrictions hereinafter declared and prescribed.

2. Be it further enacted, That at all meetings of the stock-
holders of the said bank, and at all elections for directors, the
governor for the time being, or such other person or persons as
he or the legislature may from time to time appoint, shall act on
behalf of the State, and shall have the same number of votes to
which the greatest number of stockholders may be entitled, pos-
sessing an equal number of shares with those owned by the State
at the time of such election ; and the number of votes to which
each stockholder shall be entitled, except the State, shall be ac-
cording to the number of shares he shall hold, in the proportions
following : that is to say, for one share, and not more than two
shares, one vote ; for every two shares above two, and not ex-
ceeding ten, one vote ; for every four shares above ten, and not
above thirty, one vote ; for every six shares above thirty, and
not exceeding sixty, one vote ; for every eight shares above sixty,
and not exceeding one hundred, one vote ; and for every ten
shares above one hundred, one vote ; but no person, copartner-
ship, or body politic, shall be entitled to a greater number than
sixty votes, nor shall any share or shares confer aright of suffrage,
which shall not have been holden three calendar months previous
to such meeting ; nor shall any stockholder be entitled to vote in
elections, or any general meeting, by proxy, unless he be actually
a resident within the State.

3. Be it further enacted, That any number of stockholders,
not less than thirty, who together shall be proprietors of one hun-
dred shares or upwards, shall have power, at any time, to demand
a general meeting of the stockholders, for purposes relating to the
said corporation ; and upon such demand, the president of the
bank shall call such meeting, giving at least four weeks' notice in
a public gazette published in the city of Raleigh, and specifying
in such notice the object or objects of such meetings.

4. Be it further enacted, That for the well ordering the affairs
of the said corporation, there shall be eleven directors, being citi-
zens of this State, of whom at least seven shall be residents of
Wilmington, or within fifteen miles thereof, elected yearly by the
stockholders, at a general meeting to be held annually at Wilming-
ton, on the first Monday in January ; Provided, that in case it
should at any time happen that an election of directors should not
be made upon the day when, pursuant to this act, it ought to have
been made, the said corporation shall not for that cause be dis-
solved, but it shall be lawful, on any other day, within ten days
thereafter, to make an election for directors, in such manner as
shall be regulated by the law and ordinances of the said corpora-
tion ; and that in case of the death, resignation or absence from the
State of any director ,his place shall be filled by a new appoint-
ment, for the remainder of the year, by a majority of the direc-
tors.

5. Be it further enacted, That the president of the bank, being
a director, shall be chosen by a majority of the directors, with a

BANK OF CAPE FEAR.

49

a director, shall be chosen by a majority of the directors, with a resident and
salary to be fixed by the stockholders in general meeting ; and the establish may
president and directors of the principal bank for the time being branches, &c.
shall have power to establish branches or agencies of the said bank
at such place or places within this State, as they may think proper,
and commit the management of such branches or agencies
and the making discounts thereat, to such persons as they
may select : Provided, that at each branch or agency so es-Proviso-
tablished there shall be appointed not less than three directors, and
that no branch or agency now existing, or which may hereafter be
established, shall be removed, unless directed by the stockholders
in general meeting : And provided also, that the president and di- Further pro-
rectors shall establish a branch or agency of said bank in the city V1S0'
of Raleigh when thereto required by the General Assembly.

6. Be it further enacted, That the president and directors for The appoint-
the time being shall have power to appoint such officers, clerks ment of officers
and servants at the principal bank and at their several branches and aries.
agencies, as they shall deem proper, and shall regulate their res-
pective duties and compensation, and shall exercise such other

powers and authorities as shall be described, fixed and determined
by the bylaws, regulations and ordinances of the corporation.

7. Be it further enacted, That every cashier of the said bank, Cashier, &c.
branch or agency, before entering on the duties of his office, shall

give bond and security in a sum not less than twentyfive thousand
dollars ; and every clerk and other officer shall give bond and secu-
rity for such sum as the directors may require.

8. Be it further enacted, That the total amount of debts which J,-™1,,1 of d«bt j
the said corporation shall at any time owe, whether by bond, bill, Bank.

note or other contract, shall not exceed the sum of one million six
hundred thousand dollars over and, above the sum then actually
deposited in the said bank for safe keeping, unless the contracting
of any greater debt shall have been previously authorized by a law
of this State, and in case of excess, the directors under whose ad- incase of ex-
ministration it shall happen, shall be liable for the same in their cess> directors
natural and private capacities, and an action of debt may in such 2fy liab¥e.r °n~
case be brought against them, or any of them, their or any of
their heirs, executors or administrators, in any court of record in
this State, by any creditor or creditors of said corporation, and
may be prosecuted to judgment and execution ; any condition,
covenant or agreement to the contrary notwithstanding ; nor shall
this be construed to exempt the said corporations, or the lands, ten-
ements, goods or chattels of the same, from being also liable and
chargeable with the said excess ; but such of the said directors as Exception,
may have been absent when the said excess was contracted, or
may have dissented from the resolution or act whereby the same
was so contracted or created, may respectively exonerate them-
selves from being so liable by forthwith giving notice of the fact,
and of their absence or dissent, before or with some notary pub-
lic, and to the stockholders at a general meeting which they shall
have power to call for that purpose.

VOL. II.

50 BANK OF CAPE FEAR.

Bank bound to 9. Be it further enacted , That the president and directors of
the state"5 ° tne sa^ bank shall at all times, from and after the passing of this
act, and during the continuance of the same, be bound and obliged
to make a loan or loans to the State of North Carolina, if required
and authorized by law, of any sum or sums of money, not exceed-
ing in the whole, at any one time, one tenth part of the actual
capital stock of said bank, and at a rate of interest not exceeding
Proviso. six per cent, per year, to be paid half yearly : Provided, that it

shall be the duty of the public treasurer to make application in
writing for such loan or loans at least three months previous to the
time when they may be required.
Statement to be 10. Be it further enacted, That it shall be the duty of the
ficTtreasw^" treasurer °$ the State to require from time to time not exceeding
&c ' once in six months, which shall be furnished by the president of

the said corporation, a statement of the amount of the capital
stock of the said corporation, the debts due to the same, the mo-
neys deposited, the notes in circulation, and the cash on hand ;
and shall have a right to inspect such general accounts on the
books of the said corporation as shall relate to the said statements.
Proviso. Provided, that this shall not be construed to be a right to inspect

the accounts of private individuals, except the directors, with the
said bank.
Tax upon the II. Be it further enacted, That a tax of twentyfive cents on
stock. g^h share 0f stock owned by individuals in the said bank shall be

annually paid into the treasury of the State, by the president or
cashier of said bank, on or before the first day of October in each
year ; and the said bank shall not be liable to any further tax.
Fundamental 12. JBe it further enacted, That the following rules, restrictions,
limitations and provisions shall form and be the fundamental arti-
Stock transfer- c]es of the constitution of the said corporation. The stock of
able- the said corporation shall be transferable and alienable as heretofore,

or according to such rules and regulations as shall hereafter
be established by the president and directors for that pur-
Bills, bonds, pose. Bills, bonds and notes subscribed by the president and
ing, and shall "countersigned by the cashier, promising the payment of money to
draw interest any person or persons, his, her or their order, or to bearer, with or
p^Tented until without the seal of the said corporation, shall be binding and oblig-
paid. atory upon the same ; and if any person or persons holding any

note or notes of the said bank, shall present the same for payment
at the principal bank or either of its branches, where such notes are
payable, and the payment shall be refused, the said note or notes
shall draw interest from the time of such demand, at the rate of
six per cent, per annum, and six per cent, per annum for damages,
No note under an(^ the said bank shall pay the same ; any law to the contrary not-
three dollars to withstanding ; but it shall not be lawful for the said bank to issue
Dividends to be any note f°r a smaller sum than three dollars. Half yearly divi-
made half dends shall be made of such part of the profits of the bank as
year y. $\\2&[ appear advisable to the stockholders or to the president and

Restriction in directors for the time being. The lands, tenements and heredita-
holdmg proper- mentg which it shall be lawful for the said corporation to hold,
shall be only such as the corporation now holds, or such as shall
be requisite for its accommodation in relation to the convenient

BANK OF CAPE FEAR. 51

transacting of its business, and such as are now or shall be bona
fide mortgaged to it by way of security, or conveyed to it in sat-
isfaction of debts previously contracted in the course of its deal-
ings, or purchased at sales under judgments which shall have been
obtained for such debts ; nor shall this corporation directly or inch- j ^tet the
rectly deal or trade in anything except bills of exchange bonds and bank shall
notes gold or silver bullion, mint certificates, public debt ot the
United States, stock of the bank of the United States, or such other
bank as may be hereafter established by a law of the United States,
Provided, that investments in such stock shall not at any one time
exceeed one half of the capital stock of the bank hereby created, or
in the sale of goods really and truly pledged for money lent and
not redeemed in due time, or in goods the produce of its lands ; Rate
neither shall this corporation take more than at the rate ot halt per cent. on foans.
centum for thirty days for on account of its _ loan or discount. No ofdirectors
No less a number than five directors shall constitute a quorum lor requisite to
the transaction of business at the principal bank, of whom the form a quorum,
president shall always he one, unless in case of sickness or neces-
sary absence, when he shall appoint, by a written instrument, a
director to fill his place ; and no director shall receive any emolu-

ment

13. Be it further enacted, That it shall not be lawful for theNonoteu.be
said president and directors to discount any bond or promissory less made pay-
note, unless the same he made payable_ and negotiable at the said able, &c. at the
bank, or some of its branches or agencies. branches.

14 Be it further enacted, That if any director or officer of Fraud of any
said bank shall steal, purloin, embezzle, or in any way act^^0 "
fraudulently with the funds of the said bank, it shall be deemed felony, &c.
felony, and upon conviction thereof, shall be punished by fine and
imprisonment, putting in the pillory, and whipping on the bare back
not exceeding thirty lashes ; all or either of them at the discretion

of the court. , ,.

15. Be it further enacted, That the cashier shall keep a brokg^gj^
to contain the proceedings of the board of directors, the names olCOntainthe
those present, the day and date of each meeting, and shall record {g^g*}*
the yeas and nays on any question, when asked for by any director, directors,
This book shall be evidence in courts of justice ; and on entering ^shall be
on the discharge of his duties, the cashier shall take the following C0Urts.
oath or affirmation before some justice of the peace, by whom it
shall be returned to the office of the clerk of the county court :—
" I, A. B. do solemnly swear (or affirm as the case may be) to
keep a just and true record, without alteration or erasures, of the
transactions of the board of directors of the Bank of Cape Fear,
in a book to be kept by me for that purpose."

And whereas a part of the capital stock hath heretofore been Preamble,
purchased in by the president, directors and company of the
said bank, and merged, pursuant to an act, passed in the year one
thousand eight hundred and twentynine, entitled " An act to en-
able the banks of Newbern and Cape Fear to wind up gradually,
and to fix a uniform rate of collection," so that the amount of the
active capital stock of the said bank is at this time only lour

52

BANK OF CAPE FEAR.

thousand nine hundred and seventythree shares of one hundred
dollars each ; and whereas commercial necessity renders it de-
sirable that the capital stock of the said bank of Cape Fear should
consist of eight thousand shares, of one hundred dollars each, the
same being its former capital :
Stockholders 16. Be it further enacted, That the president and directors
venedband°mav s^a^ eonvene) by public notice, the stockholders of the bank, at
open books to some time between the passage of this act and the first day of
heretofore^ ^¥ next, for the purpose of ascertaining whether they wish to
merged. renew the shares of stock heretofore merged or purchased up by

the bank, or whether they prefer the capital to remain at what it
now is ; and in case the stockholders determine to renew the
shares heretofore merged, that is, to increase their capital to its
original amount of eight thousand shares, of one hundred dollars
each, then it shall be the duty of the president and directors forth-
with to appoint a day or days, within four months thereafter, for
opening of books to receive subscriptions for the shares heretofore
merged ; and they shall open books for that purpose at the city of
Raleigh, and in the towns of Wilmington, Fayetteville, Newbern,
Edenton, Hillsboro', Salem, Salisbury, Charlotte, Elizabeth
city, Halifax, Tarborough, Warrenton, Milton, Lincolnton, Mor-
ganton, Washington, Wadesboro', Murfreesboro' and Windsor,
under the direction of two or more commissioners appointed for
that purpose, and the same keep open for subscriptions for thirty
days ; and if a greater number of shares shall be subscribed for
than is provided to be sold by this act, the president and directors
of the principal bank shall reduce the subscription to the proper
number of shares, by striking off the requisite number from the
If the whole largest subscriptions ; but if the whole number of shares provided
subscribed,110 by this act be not subscribed within the said thirty days, then it
books may be shall }ie lawful for the said president and directors, by and with the
re-opene . consent of the stockholders, at any subsequent time, to re-open

books of subscription, at the same places, for the residue.

Repeals part of 17. Be it further enacted, That the fourth section of the act

m^rib^'how0^ one thousand eight hundred and fourteen be, and the same is

shares shall be hereby repealed ; and that the shares subscribed as aforesaid shall

p be paid in as follows, that is : onefifth at the time of subscribing ;

onefifth at the end of three months thereafter ; another fifth at the

end of six months after the first payment ; onefifth at the end of

nine months after the first payment ; and the remaining fifth at the

Proviso. enj 0f twe]ve months after the first payment : Provided, that no

part of the subscription shall be paid in the notes of the aforesaid

bank, but shall be paid in specie or in funds equivalent to specie :

Further provi- provided, that no dividend on the profits shall be declared on the

additional stock hereby authorized to be taken until the whole

amount of said stock shall be realized to the bank in gold or silver,

or its equivalent.

Limits the is- jg> ge it further enacted, That the said bank shall not issue

S1KJS OI 1116

bank. more than twice the amount of the capital stock at the time actually

paid in specie or its equivalent,
a^tf repealed" ^* ^e $ further enacted, That the seventh section of the

BANK OF CAPE FEAR.

53

before mentioned act of one thousand eight hundred and fourteen,
imposing a tax of one per cent, upon all the stockholders in said
bank, and every section of the act, passed in the year of our Lord
one thousand eight hundred and twentynine, entitled "An act to
enable the banks of Newbern and Cape Fear to wind up gradually,
and fix a uniform rate of collection," and every other act or parts
of acts coming within the meaning and purview of this act, or the
before recited acts of one thousand eight hundred and fourteen and
one thousand eight hundred and four, so far as regards the bank of
Cape Fear, be, and the same are hereby repealed : Provided, Proviso,
that nothing in this act shall be so construed as to affect in any
manner the right of the State in regard to the tax heretofore due.

20. Be it further enacted, That the president of said bank ^ptance of
shall give notice to the governor of this State of the acceptance this act to be
of this extension of charter by the stockholders thereof, within |0yemor.
six months after the passage of this act ; otherwise this act shall

be null and void.

21. Be it further enacted, That it shall be the duty of tne ^™"sal0stbaete"
president of the bank, in the first week in December of each and communicated
every year, to transmit to the legislature a full and correct state- tothe legwsla-
ment of the condition of the bank, shewing the amount of capital ;

notes in circulation, and from what places issued ; debts due to
other banks, and to what banks ; and all other particulars necessary
to shew the true condition of the debit side of the account ; also
specie on hand ; debts due from other banks, and what banks ;
the amount of notes or bonds discounted, and of bills of ex-
change, shewing in one item the amount due from directors, and
in another the amount due from stockholders, but in no case using
names of persons ; real estate ; and all other particulars necessary
to shew the true condition of the credit side of the said account.

22. Be it further enacted, That if any president, cashier, Penalty for
clerk, or other officer of the bank, or any of its branches or agen- returnf
cies, shall knowingly and willingly make, cause to be made, or
connive at making, any false return, statement, or exhibit of the
condition of the bank, its branches or agencies, either to the

public treasurer, to the General Assembly, to the board of directors
of the principal bank, or any of its branches or agencies, or to the
stockholders, or to any person or persons authorized by the legis-
lature, or by the stockholders, to receive the same, such person
or persons so offending, their aiders and abettors in such false
return or deception, shall be deemed guilty of a misdemeanor, and
on conviction in any of the superior courts of law in this State,
shall be punished by a fine at the discretion of the court, and by
imprisonment not longer than one year.

23. Be it further enacted, That in all loans or discounts which Of loans upon
shall hereafter be made upon the pledge of the scrip of the stock stoc£.e
of any stockholder in said bank, the renewal payments upon such
loan or loans shall be the same as shall be required by the rules of
the bank upon discounts or loans upon personal security.

54

BANK OF CAPE FEAR.

Stockholders
residing in any
one of the U.
States, may
vote.

Repealing
clause.

Bank shall re-
ceive public
money in de-
posit.

Proviso.

When to be in
force.

AN ACT TO AMEND THE CHARTER OF THE BANK OF CAPE FEAR.

(Passed in the year 1834.)

Be it enacted, by the General Assembly of the State of North
Carolina and it is hereby enacted by the authority of the same,
That the stockholders in the bank of Cape Fear, who reside in
any one of the United States, who shall be citizens thereof, shall
have power and right to vote for themselves, or by proxy, at all
meetings of the stockholders of said bank, in the same manner and
under the like rules and regulations which are or may be pre-
scribed, concerning the stockholders who reside in this State.

2. Be it further enacted, That all laws and clauses of laws
coming within the meaning and purview of this act, be, and the
same are hereby repealed.

3. Be it further enacted, That the said corporation shall at all
times receive in deposit, at their principal bank, or any of the
branches or agencies thereof, as much of the public money as the
treasurer of the State shall offer to deposit in said bank to his
credit : Provided, however, That it shall not be obligatory upon
the treasurer, or upon the State, to make deposits jn said bank.

4. Be it further enacted, That this act shall take effect, and
be in force, immediately after the stockholders of the said bank
in general meeting agree thereto, and signify their assent to its
provisions by writing, duly authenticated, and deposited in the
office of the secretary of state of this State.

Limitation of
charter.

Meeting of
stockholders.

Increase of
capital.

AN ACT CONCERNING THE BANK OF CAPE FEAR.
(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and is hereby enacted by the authority of the same,
That the act, entitled " An act to recharter the bank of Cape
Fear," passed by the General Assembly in the session of 1833 —
1834, be, and the same is hereby continued in force until the first
day of January, in the year of our Lord, one thousand eight hun-
dred and sixty.

2. Be it further enacted, That the president and directors shall
convene, by public notice, the stockholders of the bank, at some
time between the passage of this act and the first day of April
next, for the purpose of ascertaining whether they wish to increase
the capital stock of the said bank ; and in case they determine to
increase the capital stock, there shall be added seven thousand
shares, of one hundred dollars each, so as to make the capital
stock of said bank one million five hundred thousand dollars ; of
which increased capital, the State of North Carolina shall be en-
titled to subscribe three thousand shares, and individuals and cor-
porations the remaining four thousand shares.

BANK OF CAPE FEAR.

55

3. Be it further enacted, That if the stockholders shall assent Books of sub-
to the increase of the capital stock aforesaid, the president and op"1*1™ t0
directors shall, within one month after the acceptance of this
charter, open books of subscription, under the direction of two

or more commissioners, to be by them designated, at the city of
Raleigh, and in the towns of Wilmington, Fayetteville, Newbern,
Edenton, Hillsboro', Salem, Salisbury, Charlotte, Elizabeth City,
Halifax, Tarboro', Lincolnton, Morganton, Washington, Wades-
boro', Wilkesboro', Greensborough, Rutherfordton, and Oxford,
and the same to keep open for subscription for ten days ; and if
it shall happen, when the books shall be opened as aforesaid, that
a greater number than four thousand shares shall be subscribed by
individuals, or bodies corporate, it shall be lawful for the president
and directors to reduce such subscriptions, according to a scale by
them to be established for that purpose, to the aforesaid number
of four thousand shares : Provided, that no subscriptions of two
shares or under, shall be scaled until all larger subscriptions shall provision for
be reduced to an equality with them: Provided also, that if the re-opemng
four thousand shares be not subscribed within ten days as afore-
said, it shall be lawful for the stockholders, at any future time, to
open books of subscription, at the same places, under the same
restrictions, for the residue : Provided, that nothing herein con-
tained shall compel the president and directors to open books for
a subscription of more than two thousand shares, until after the
first day of January, 1838.

4. Beit further enacted, That when the capital stock shall be in- Amount of
creased as aforesaid, the said president, directors and company of P™P^[io^hlch
the bank of Cape Fear, are hereby made able and capable in law may hold.

to have, purchase, receive, possess, enjoy, and retain to them-
selves, their successors and assigns, lands, rents, tenements, he-
reditaments, good, chattels and effects to an amount not exceed-
ing three millions of dollars, exclusive of their capital stock afore-
said, with the same privileges as are prescribed in the act of 1833.

5. Be it further enacted, That when the said seven thousand ^ta$Xec-
shares shall be fully paid for, according to the provisions of this tors, &c.
act, the representative of the State, whom the governor, secre-
tary of state and comptroller, shall designate, may appoint four di-
rectors of said bank, who are stockholders, and the individual
stockholders may appoint seven directors. And in all general
meetings of the stockholders, the representative of the State ap-
pointed as aforesaid, shall be entitled to three votes for every six

given by individual stockholders.

6. Be it further enacted, That the said bank, within one year Additional
from the payment of the subscriptions by the State aforesaid, shall ^eccfeto rbee"
establish two or more additional branches in this State ; neither of established.
which shall be less than one hundred miles distant from the prin-
cipal bank, and one of which shall be west of the Yadkin.

7. Be it further enacted, That not less than three directors Directors quo-
shall constitute a quorum, for the transaction of business at the rum of> &c-
principal bank ; of whom the president shall be one, unless in

case of sickness or necessary absence ; when he shall appoint,

56 BANK OF CAPE FEAR.

by a written instrument, a director to fill his place. And in case
of death, resignation, or removal from the State, of any director,
his place shall be filled by a new appointment for the remainder of
the year, by a majority of the directors ; Provided, that no per-
son shall be eligible as a director, who is not the owner of ten
shares or more of the capital stock of the bank-
Amount of debt 8. Be it further enacted. That the total amount of debt, which
poration may f" tne sa^ corporation shall at any time owe, shall not exceed twice
owe. the amount of its capital, over and above its capital stock, and the

sum then actually deposited in the bank for safe keeping, unless
the contracting of any greater debt shall have been previously au-
thorized by a law of the State.
Notice of ac- 9. Be it further enacted, That the president of said bank shall
charte^be §*ve not^ce t0 tne governor of this State, of the acceptance of this
given to gov- charter, as amended, by the stockholders thereof, at such time as
emor. tjiey may presc.ribe3 before the first day of April next.

10. Be it further enacted, That upon such notice being given
to the governor of this State as is herein required, by the president
of said bank, it shall and may be lawful for the president and di-
rectors of the said bank, and they are hereby required to receive
in behalf of the fr°m tne public treasurer a subscription in behalf of the State, for
the State. tjie whole amount of the said three thousand shares of capital
stock, at any time within three months from the passing of this
act : payment for which to the said bank shall be made as follows,
to wit : onefourth of the whole amount at the time of subscribing,
and one other fourth every ninety days thereafter, till full payment
be made : Provided, that if the public treasurer pay the whole of
the said subscription at the time of subscribing, or any greater
part thereof than is hereby required, before the time limited for
the same, the State shall have interest at the rate of six per cent,
on all payments made in advance, computing the same from the
time when payment is made to the time when required to be made :
And provided also, that if the public treasurer fail to pay the said
instalments, or any part of them, at the time appointed for the
payment of the same, he shall pay interest, at the same rate, on
all instalments or parts thereof not punctually paid, from the time
the same should have been paid, until payment be made.
Capital stock, 11. Be it further enacted, That if, at any time hereafter, the
je°Juc1etdmaybe president and directors of said bank shall find that the whole capi-
tal of the same cannot be safely and profitably employed, they
shall have power, and they are hereby authorized, by the consent
of the General Assembly, first to be had and obtained, to reduce
the same to an amount not less than one million of dollars, by pur-
chasing the stock of said bank, or receiving the same in payment
of debts, bona fide due the bank, at a price not less than the par
value thereof ; and all shares of stock so purchased by the bank
or taken in payment of debts, shall thereafter cease to be a part
of the capital stock of said bank.
Bank may deal 12. Be it further enacted, That the said bank shall have au-
in public debt, thority to deal in such public debt as now is, or may hereafter be
created by this State.

SANK OP THE STATE OF NORTH CAROLINA. 57

BANK OF THE STATE OF NORTH CARO-
LINA.

AN ACT TO ESTABLISH A BANK IN THE STATE OF NORTH
CAROLINA.

(Passed at the session of 1833 — 34.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That a bank shall be established in the State of North Carolina, gtal of the
the capital stock whereof shall not exceed one million five hun-
dred thousand dollars, divided into shares of one hundred dollars
each.

2. Be it further enacted, That the bank so established shall be incorporating
known and styled the " Bank of the State of North Carolina," and subscribers.
the subscribers to the said bank, their successors and assigns, shall

be, and are hereby created and made a corporation and body poli-
tic, in law and in fact, by the name and style of the " Bank of the
State of North Carolina," and shall so continue until the first day of
January, one thousand eight hundred and sixty; and by the name and
style aforesaid, they shall be, and are hereby made able and capa-
ble in law to have, purchase, receive, possess, enjoy and retain to
themselves, their successors and assigns, lands, rents, tenements,
hereditaments, goods, chattels and effects, to an amount not ex-
ceeding in the whole four and a half millions of dollars, including
the capital stock aforesaid ; and the same to sell, grant, demise,
alien or dispose of ; to sue and be sued, implead and be implead-
ed, answer and be answered, defend and be defended, in courts of
record or any other place whatever ; and also to make, have and
use a common seal, and the same to break, alter and renew at
pleasure ; and also to ordain, establish, and put in execution such
bylaws, ordinances and regulations as shall seem necessary and con-
venient for the government of said corporation, not being contrary
to the laws of this State or of the United States ; and for the
making whereof general meetings of the stockholders may be called
by the directors in the manner hereinafter specified ; and generally
to do and execute all acts, matters and things which a body politic
or corporation in law may or can lawfully do or execute, subject
to the rules, regulations, restrictions and provisions hereafter pre-
scribed and declared.

3. Be it further enacted, That the State shall be entitled to Amount for
subscribe for twofifths of the capital, say six hundred thousand ^^individuals
dollars, and individuals and corporations to the other threefifths, may subscribe,
say nine hundred thousand dollars ; and books for receiving sub- Commissioners
scriptions in said bank shall be opened in Raleigh on the first day to open books.
of February, one thousand eight hundred and thirtyfour, by the
governor, the treasurer, Gavin Hogg, William Boy Ian, Duncan
Cameron, Charles L. Hinton and Alfred Jones ; at Fayetteville, on

VOL. II. 8

08

BANK OF THE STATE OF NORTH CAROLINA.

the same day, by Edward L. Winslow, Duncan M'Rae and
Joseph Baker ; at Wilmington, on the same day, by Edward B.
Dudley, P. R. Dickerson and R. H. Cowan ; at Newbern, on
the same day, by Asa Jones, John R. Donnel, John Washington,
Robert Primrose and Amos Wade ; at Washington, on the same
day, by James Ellison, Eli Hoyt and Nathaniel J. Oliver ; at
Edenton, on the same day, by Josiah Collins, senior, R. H.
Booth, M. Haughton and John Popelston ; at Hertford, on the
same day, by Henry Skinner, John Wood and Miles Elliott ; at
Elizabeth City, on the same day, by Miles White, Hezekiah Lock-
wood, Isaiah Fearing, John M'Morine and Horatio N. Williams ;
at Halifax, on the same day, by Andrew Joiner, Mark H. Petta-
way and Thomas Burgess ; at Tarborough, on the same day, by
Spencer D. Gotten, Eli Porter and Theophilus Parker ; at War-
renton, on the same day, by Peter R. Davis, Thomas White and
Zachariah Herndon ; at Louisburg, on the same day, by William
Perry, W. P. Williams and H. J. G. Ruffin ; at Oxford, under
the superintendence of Rhodes N. Herndon, Thomas J. Hicks and
James Cooper ; at Hillsborough, on the same day, by James
Webb, John U. Kirkland and James Philips ; at Milton, on the
same day by Samuel Watkins, John Wilson and John T. Gar-
land ; at Salisbury, on the same day, by Thomas L. Cowan,
William H. Horah and Samuel Reeves ; at Salem, on the same
day, by Charles F. Bagge, F. H. Shuman and E. Shober ; at
Charlotte, on the same day, by John Erwin, Joshua D. Boyd
and Joseph McConnaughey ; at Ashville, on the same day, by
Samuel Chunn, James M. Smith and Samuel W. Davidson ; at
Lincolnton, on the same day, by Vardy M'Bee, John Hoke and
Andrew Hoyl ; at Windsor, on the same day, by Joseph B.
Roulhac, Lorenso S. Webb and James L. Bryan ; at Beaufort,
on the same day, by Benjamin Le Craft, Joseph F. Jones and
and Nathan Fuller ; at Morganton, on the same day, by Thomas
Walton, Robert C. Pearson and Adolphus L. Erwin ; at Greens-
borough, on the same day, by Robert Modderwell, Jesse H.
Lindsay and James T. Moorehead ; at Leaksville, on the same
day, by William Barnett, William A. Carrigan and JohnLawson ;
at Jefferson, on the same day, by George Bower, Jr., Richard
Gentry and Alexander B. M'Millian ; and at the same time, at
such other places, under the superintendence of such commission-
ers, as may be designated by the commissioners appointed to re-
ceive subscriptions at Raleigh. A majority of said commissioners,
at each of the abovenamed places, shall be competent to perform
the duties of their appointment ; and if the whole number of shares
other than those reserved for the State, shall not be subscribed
within the term of sixty days, they may keep the books open for
ten months, for the purpose of receiving subscriptions, and no
longer.

4. And be it further enacted, That if it shall happen, when the
tkms maybe1' books shall be opened as aforesaid, that a greater sum than nine bun-
reduced in case ^ed thousand dollars shall be subscribed by individuals or bodies
corporate, it shall be lawful for the commissioners at Raleigh to

How subscrip-

BANK OF THE STATE OF NORTH CAROLINA. 59

reduce such subscriptions, according to a scale by them to be
established for that purpose, to the aforesaid sum of nine hundred
thousand dollars : Provided, that no subscriptions of two shares or proviso.
under shall be scaled until all larger subscriptions shall first be re-
duced to an equality with them.

5. Be it further enacted, That payment for shares subscribed for how state sub-
in behalf of the State, whenever the payment of such subscriptions scriptions shall
shall be ordered by the legislature, shall be made by the public e pai '
treasurer out of such funds, being in gold or silver coins of the

United States, or Spanish milled dollars, or their equivalent, to
the commissioners in the city of Raleigh, and on the same times
as are hereinafter prescribed for payments to be made by individ-
uals or other subscribers : Provided, that if the State shall not proviso.
have the means of paying the regular instalments on the whole
number of six thousand shares, it shall be lawful for the public
treasurer to subscribe and pay for such a number of shares as
the funds in the treasury will warrant, or as the legislature may
from time to time direct ; and if the whole number of six thousand
shares shall not have been subscribed and paid for on or before
the first day of January, one thousand eight hundred and thirtyseven,
the State shall no longer have the privilege of taking them ; and
the State shall at all times receive dividends of profits, when made
by the bank, upon such shares as she may have paid for.

6. Be it further enacted, That payment for shares subscribed How individ-
for by individuals or corporations, shall be made in gold or silver £oil&Hbe
coins of the United States, or Spanish milled dollars, or their paid,
equivalent, to the commissioners appointed to receive subscrip-
tions at the city of Raleigh, to wit : twentyfive dollars on each

share at the time appointed for the first general meeting of the
stockholders ; twentyfive dollars ninety days thereafter ; twenty-
five dollars one hundred and twenty days after the time appointed
for paying the second instalment ; and the remaining twentyfive
dollars one hundred and twenty days after the time for paying the
third instalment : Provided, that after a sufficient number of shares proviso.
have been subscribed and paid in for the bank to go into operation,
as hereinafter provided, the remaining payments may be made by
the subscribers at such branches or agencies as may be established
by the said bank, most convenient to them, and take the receipts of
the cashiers or agents of such branches or agencies, at which the
payment may be made : Provided always, that it shall be lawful Further provi-
for any subscriber to pay the whole of his subscription, or any so-
greater part than is hereby required, before the time limited for
the same ; and each and every subscriber, so paying in advance,
shall have a discount at the rate of six per cent, per annum on
such advance, computing the same from the time when payment
is made to the time when it is required to be made.

7. Be it further enacted, That the bank to be established in Number of di-
the city of Raleigh, shall be managed by ten directors, of whom rer?^s of ^^
the State may appoint four, if she take the whole amount of stock and how ap-
to which she is entitled to subscribe by this act, in the said bank, pointed.

all of whom, except the public treasurer, must be stockholders ;

60 BANK OF THE STATE OF NORTH CAROLINA.

and individual and other stockholders may elect six directors, be-
ing stockholders, provided they shall have taken the whole amount
of stock which they are hereby authorized to take : Provided, that
if the bank shall go into operation with seven hundred and fifty
thousand dollars, as is hereinafter provided, or any less amount
than the whole capital, then the State, and individuals and other
stockholders shall appoint the ten directors for the principal bank,
in proportion to the number of shares held by them respectively :
And provided, also, that if the State and individuals and other
subscribers shall hold the same number of shares, then each shall
appoint five directors : And provided further, that the State and
individuals and other stockholders shall have the appointment of
the ten directors apportioned among them in proportion to the
Public Treasu- amount of stock taken by each : Provided, that the public treas-
re* *P be ,e.x urer shall be ex officio a director on the part of the State, whether

officio a direc- r 5

tor. he be a stockholder or not.

Of the election 8. Be it further enacted, That the president of the bank, being

aMrSrsalary. a director, shall be chosen by a majority of the directors, with a

salary to be fixed by the stockholders in general meeting.
How branches 9. Be it further enacted, That branches or agencies of said bank
a"dna§'encs;iesb shall be established at such times and at such places as the stock-
lished, and di- holders in general meeting may designate, with capitals, at such
rectors ap- branches or agencies, as the directors of the principal bank may
assign, which shall be removable at their pleasure, after one year's
notice of such intended removal ; and that the president and di-
rectors of the principal bank, for the time being, shall have power
to appoint five directors for each branch bank, and such officers,
clerks and servants, under themselves, as well as at the several
branches, as shall be necessary for executing the business of the
said corporation, and to allow them such compensation for their
services, respectively, as shall be reasonable ; and shall be capa-
ble of exercising such other powers and authorities, for the well
government and ordering the affairs of the said corporation, as shall
be described, fixed and determined by the bylaws, rules, regu-
lations and ordinances of the same.
How branches 10. Be it further enacted, That the branch banks shall be man-
shall beman- aged by five directors, being stockholders, appointed annually by
aged. the directors of the principal bank, and governed by general rules

that may be prescribed by the said directors of the principal bank;
and the agency shall be managed by an agent, under the exclusive
control and direction of the directors of the principal bank.
When bank 11. Be it further enacted, That the bank may go into opera-

oration110 ^on whenever seven hundred and fifty thousand dollars shall have
been paid in ; and that no dividend on the profits of the bank shall
be declared by the president and directors until the whole amount
of the capital stock subscribed shall be realized to the bank, in
gold or silver, or its equivalent.
Semi-annual 12. Be it further enacted, That dividends of the profits of the
dividends. bank shall be made semi-annually.

Annual state- 13. Be it further enacted, That it shall be the duty of the pre-
madeSto°the sident of the principal bank, in the first week in December of each

BANK OF THE STATE OF NORTH CAROLINA. 61

and every year, to transmit to the public treasurer a full and cor- public treas-
rect statement of the condition of the bank, shewing the amount communicated
of capital ; notes in circulation, and from what places issued ; to the iegisla-
debts due to other banks, and what banks ; and also all other par-
ticulars necessary to shew the true condition of the debit side of
the account ; also specie on hand ; debts due from other banks,
and what banks ; the amount of notes or bonds discounted, and of
bills of exchange, shewing in one item the_ amount due from di-
rectors, and in another the amount due from stockholders, but in
no case using names of persons ; real estate ; and all other partic-
ulars necessary to shew the true condition of the credit side of the
said account ; which statements the public treasurer shall lay be-
fore the General Assembly in his official reports, and the divi-
dends which shall accrue from time to time upon the stock of the
bank ; and each share owned by individuals, shall be subject to an ^

annual tax of twentyfive cents, and no more, which tax shall be re- Tax on stocky
served out of the profits as they accrue, by the cashier of the prin-
cipal bank, and placed to the credit of the State, on or before the
first day of October in every year.

14. Be it further enacted, That if any president, clerk or other Penalty for
officer of the bank, or any of its branches or agencies, shall know- return!
ingly and willingly make, cause to be made, or connive at making

any false return, statement or exhibit of the condition of the bank,
its branches or agencies, either to the public treasurer, to the Ge-
neral Assembly, to the board of directors, to the principal bank, or
to any of its branches or agencies, or to the stockholders, or to
any person or persons authorized by the legislature, or by the
stockholders, to receive the same, such person or persons so of-
fending, their aiders and abettors in such false return or deception,
shall be deemed guilty of a misdemeanor, and on conviction in any
of the superior courts of law in this State, shall be punished by a
fine at the discretion of the court, and by imprisonment not longer
than one year.

15. Be it further enacted, That it shall be at all times lawful for Committee
any committee appointed by the legislature for that purpose, to in- bools"^c.C
spect the books, and examine into the proceedings of the said cor-
poration, and make report thereon : Provided, that said commit- Proviso,
tee shall not be authorized to examine into the private accounts of
individuals, except of the directors of the principal bank and its
branches.

16. Be it further enacted, That all stockholders, being citi- stockholders
zens of the United States, shall be entitled to vote, either in per- e£titled tovote
son or by proxy, at all general meetings of the stockholders. meetings.

17. Be it further enacted, That the vote to which each stock- Stockholders
holder shall be entitled, except the State, shall be according to the how t0 vote"
number of shares he may hold, in the proportions following, that is

to say : for one share, and not more than two, one vote ; for every
two shares above two, and not exceeding ten, one vote ; for every
four shares above ten, and not exceeding thirty, one vote ; for every
six shares over thirty, and not exceeding sixty one vote; for every
eight shares over sixty, and not exceeding one hundred, one vote;

62

BANK OF THE STATE OF NORTH CAROLINA.

Eligibility of
directors.

Emoluments
how allowed.

Board for the
transaction of
business.

How to call a
general meet-
ing of stock-
holders.

Cashier or
agent to give
bond.

Penalty for
embezzlement
or fraud.

Restriction in
holding prop-
erty.

for every ten shares over one hundred, and not exceeding two
hundred, one vote ; and for every twenty shares over two hundred,
one vote. The treasurer, or whoever the governor of the State
may appoint to represent the State at the general meetings of the
stockholders, shall have the same number of votes to which the
greatest number of stockholders holding an equal number of shares
with those owned by the State would be entitled ; and after the
first election, no share or shares shall confer a right of suffrage
which shall not have been holden three calendar months previous
to the day of election.

18. None but a stockholder being a citizen of the State, shall
be eligible as a director.

19. None shall be entitled to any emolument, unless the same
shall have been allowed by the stockholders at a general meeting,
or by the board of directors of the principal bank.

20. A majority of the directors at the principal bank, or a ma-
jority of the directors at the branches, shall constitute a board for
the transaction of business, of whom their respective presidents
shall always be one, except in cases of sickness or necessary ab-
sence ; in which case his place may be supplied by any other
director, whom he, by writing under his hand, may nominate for
the purpose.

21. A number of stockholders, not less than fifty, who together
shall be proprietors of three hundred shares or upwards, shall have
power at any time to call a general meeting of the stockholders for
purposes relative to the institution, giving at least eight weeks' pre-
vious notice in the public gazettes of the place where the principal
bank is kept, specifying in such notice the object or objects of
such meeting.

22. Be it further enacted, That every cashier or agent, before
he enters on the duties of his office shall be required to give bond
and security, in the sum of not less than twentyfive thousand dol-
lars, conditioned for his good behavior and faithful discharge of
the duties of his office.

23. Be it further enacted, That if the cashier or any other offi-
cer, agent or servant of said corporation, shall embezzle, and,
without authority from the president and directors of said bank,
appropriate any of the funds of said corporation to his own use,
with intent to cheat or defraud the president, directors and company
of said bank, or shall make false entries upon the books of said
bank with intent to defraud said corporation or any other person
whatsoever, said officer, agent or servant shall be held and deemed
guilty of felony, and, upon conviction thereof, by due course of
law, shall be punished by fine and imprisonment not exceeding five
years, putting in the pillory, public whipping not exceeding thirty
lashes on his bare back, all or any of them, at the discretion of the
court.

24. Be it further enacted, That the lands, tenements and here-
ditaments which it may be lawful for said corporation to acquire,
shall be only such as shall be requisite for its immediate accommo-
dation for the transaction of its business, and such as have been

BANK OF THE STATE OF NORTH CAROLINA.

bona fide mortgaged to it by way of security, or conveyed to it
in satisfaction of debts previously contracted in the course of ordi-
nary banking business, or purchased at sales upon judgments or
decrees rendered in favor of said bank.

25. Be it further enacted, That the bills obligatory and of cred- 1f°T[}'ills' &c-
it, under the seal of said corporation, which shall be made to any signable.
person or persons, shall be assignable by endorsement thereupon,

under the hand or hands of such person or persons, and of his,
her or their assignee or assignees, and so as absolutely to transfer
and vest the property thereof in each and every assignee or assig-
nees, to bring and maintain an action thereupon in his, her or their
own name or names. And bills or notes which may be issued by
order of the said corporation, signed by the president and coun-
tersigned by the cashier of the principal bank, promising the pay-
ment of money to any person or persons, his, her or their order,
or to the bearer, though not under the seal of the said corporation,
shall be binding and obligatory on the same, in the like manner,
and with the like force and effect as upon any private person or
persons, if issued by him, her or them in his, her or their natural
or private capacity or capacities, and shall be assignable and nego-
tiable in like manner as if they were so issued by such private per-
son or persons, that is to say : those which shall be payable to any
person or persons, his, her or their order, shall be assignable by
endorsement in like manner and with like effect as foreign bills of
exchange now are ; and those which are payable to bearer shall be
negotiable and payable by delivery only.

26. Be it further enacted, That the said corporation shall not in what the
deal except in gold and silver coin or bullion ; bills of exchange ; T^^!?11
mint certificates ; promissory notes, expressing on the face of them

to be negotiable and payable at the said bank or some of its branch-
es; in the public debt of the United States; in stock of the present
Bank of the United States, or such other bank as may be hereafter
established by a law of the United States : Provided, that invest-
ment in such stock shall not exceed, at any one time, one half of
the capital stock of the bank hereby created.

27. Be it further enacted, That the said corporation shall not Interest on
take more than six per cent, per annum upon its loans or dis- oans'
counts, which may be received in advance at the time of discount.

28. Be it further enacted, That whenever the legislature may p/oc.ef?n ca^e

v * o j oi violation oi

be of opinion that the charter of the corporation hereby granted charter,
shall have been violated, it may be lawful, by joint resolution, to
direct the attorney general, with such assistant counsel as the gov-
ernor or legislature may think proper to engage, to issue a writ of
scire facias, returnable before the judges of the supremecourt of the
State, calling upon said corporation to show cause why the charter
hereby granted shall not be forfeited, subject to the same proceed-
ings as are now prescribed by law in cases of other corporations.

29. Be it further enacted, That if any person or persons hold- Penalty for re-

c • r i i in i r lusin^ to re-

ing any note or notes oi said bank, shad present the same lor pay- deem notes.
ment at the principal bank, or either of its branches or agencies,
where such note or notes are payable, and the payment shall be

64 BANK OF THE STATE OF NORTH CAROLINA.

refused, the said note or notes shall draw interest, at the rate of
twelve per cent, per annum, from the time of said demand, and
the said bank shall pay the same ; any law to the contrary not-
withstanding.
Penalty for 30. Be it further enacted, That if any person shall falsely

coSfeiting. ™ake> for§e or counterfeit, cause or procure to be falsely made,
forged or counterfeited, or willingly aid or assist in falsely making,
forging or counterfeiting any bill or note, in imitation, or purport-
ing to be a bill or note issued by order of the president and direc-
tors of t^e Bank of the State of North Carolina, or any order or
check on said bank or corporation, or any cashier thereof, or shall
falsely alter, or cause or procure to be falsely altered, or willingly
aid or assist in falsely altering, any bill or note issued by order of
the president and directors of the Bank of the State of North Car-
olina, or any order or check on the said bank or corporation, or
any cashier thereof; or shall pass, or receive with intent to pass,
utter or publish, or attempt to pass, utter or publish, as true, any
false, forged or counterfeited bill or note, issued by order of the
president and directors of the Bank of the State of North Caro-
lina, or any false, forged or counterfeited check upon the said bank
or corporation, or any cashier thereof, knowing the same to be
falsely forged or counterfeited, or shall pass, or receive with intent
to pass, utter or publish, or attempt to pass, utter or publish, as
• true, any falsely altered bill or note, issued by order of the presi-
dent and directors of the Bank of the State of North Carolina, or
any falsely altered order or check on the said bank or corporation,
or any cashier thereof, knowing the same to be falsely altered,
with intention to defraud the said corporation or any other body
politic or person, every such person shall be deemed and adjudged
guilty of felony, and being thereof convicted by due course of
law, shall be punished by fine and imprisonment not exceeding three
years, putting in the pillory, public whipping not exceeding thirty
lashes on his or her bare back ; all or any of them at the discretion
of the court, due regard being had to the circumstances of the
offence.
No note under 31. Be it further enacted, That no note shall be issued by the

oerissJe0dlarStoBank of the State of North Carolina for a less sum than three
dollars.

Limiting the 32- ^nd be it further enacted, That this bank shall at no time
circulation. have in circulation more than twice the amount of its capital.
Cashier shall 33. Be it further enacted, That the cashier shall keep a book
contain the t0 1° contain the proceedings of the board of directors, the names
proceedings of of those present, the day and date of each meeting, and shall re-
dkectors, cord the yeas and nays °n any question, when asked for by any
which shall be director. This book shall be evidence in courts of justice : and
courts"06111 on entering on the discharge of his duties, the cashier shall take
the following oath before some justice of the peace, by whom it
shall be returned to the office of the clerk of the county court :
" I, A. B. do solemnly swear to keep a just and true record, with-
out alterations or erasures, of the transactions of the board of di-
rectors of the Bank of the State of North Carolina, in a book to
be kept by me for that purpose."

BANK OF THE STATE OF NORTH CAROLINA. 65

AN ACT SUPPLEMENTAL TO THE ACT TO ESTABLISH A BANK IN
THE STATE OF NORTH CAROLINA.

(Passed at the session of 1833 — 3.4.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That until otherwise provided by law, the governor, secretary of By whom di-
state, and comptroller of public accounts, shall have authority, and rectors for the
it shah be their duty to appoint such directors as the Stato may be appointed! be
authorized to appoint, to represent the public stock in the bank of
the State of North Carolina.

2. Beit further enacted, That in addition to the stock that may Duty of Pub-
be subscribed for in said institution by the president and directors & subSSeftc
of the literary fund, it shall be the duty of the public treasurer to stock,
subscribe, from time to time, for such further amount of stock as

the condition of the public treasury may, in his opinion, justify.

3. Be it further enacted, That the public treasurer shall have Public Tr«as-
authority, if in his opinion such a measure shall be expedient, to tTbormt0"26'1
borrow, in behalf of the State, from the banks of Newbern and

Cape Fear such sums of money, or any part thereof, as the State
may be entitled to borrow under the provisions of the amended
charter of those institutions granted in the year eighteen hundred
and fourteen.

4. And be it further enacted, That it shall be lawful for the When the
bank of the State of North Carolina to go into operation whenever iX^pXfou.
one half of the amount of individual stock, authorized by the act

to which this is a supplement, shall be subscribed for and paid in
gold and silver or the equivalent thereof.

AN ACT TO AMEND " AN ACT TO ESTABLISH A BANK IN THE STATE
OF NORTH CAROLINA," PASSED AT THE LAST SESSION OF THE
GENERAL ASSEMBLY.

(Passed at the session of 1834-35.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall and may be lawful for the corporation created and Bank may deal
established by the above recited act, to deal in promissory notes, in promissory
expressed on the face of them to be negotiable and payable at any paylbi^afany
agency of the bank of the State of North Carolina, which now is, of its agencies.
or hereafter may be established in conformity with the provisions
of said act, in like manner, as in promissory notes expressed on
their face to be negotiable at the said bank, or some of its branches.

2. Be it further enacted, That the said corporation shall at all Bank shall re-
times receive in deposit at their principal bank, or any of the£eySde-
branches or agencies thereof, as much of the public money as the posit.
treasurer of the State shall offer to deposit in said bank to his

VOL. II. 9

66

Proviso.

Repealing
clause.

When to be in
force.

merchants' bank of newbern.

credit : Provided, That it shall not be obligatory upon the treasu-
rer or upon the State, to make deposits in said bank.

3. Be it further enacted, That all laws and clauses of laws
coming within the meaning and purview of this act, be, and the
same are hereby repealed.

4. Be it further enacted, That this act shall take effect, and be
in force immediately after the stockholders of the said bank, in
general. meeting, agree thereto, and signify their assent to its pro-
visions by writing, duly authenticated and deposited in the office of
.secretary of state of this State.

MERCHANTS' BANK OF NEWBERN.

Books to be
opened for
subscription.

AN ACT TO ESTABLISH THE MERCHANTS' BANK OP THE TOWN OF

NEWBERN.

(Passed in the year 1834.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
Capital stock. That a bank shall be established in the town of Newbern, the cap-
ital stock of which shall not exceed three hundred thousand dol-
lars, divided into shares of one hundred dollars each ; and that for
the purpose of receiving subscriptions for the said stock, books
shall be opened on the second Monday of February, in the year
of our Lord one thousand eight hundred and thirtyfive, and remain
open for the space of sixty days, at the following places, and under
the superintendence of the following persons, or a majority of
them, viz : At Newbern, under the superintendence of John Snead,
John Washington, Samuel Simpson, William Hollister, John
Burgwyn, John W. Guion, Isaac Taylor, Bennet Flanner, Amos
Wade, Michael H. Lente, Samuel Oliver, George S. Attmore,
James C. Stephenson, Charles Slover, Hardy B. Lane, and Wil-
liam C. Hunter. At Washington, in Beaufort county, under the
superintendence of John Myers, Eli Hoyt, Abner P. Neale, Na-
thaniel J. Oliver, and Thomas H. Blount. At Bath, under the
superintendence of Joseph Bonner, John Y. Bonner, and Jesse
B. Lucas. At Caswell, under the superintendence of John C.
Washington, Reuben Knox, Nathan G. Blount and Watson Wil-
cox. At Waynesborough, under the superintendence of Richard
Washington, Arnold Borden and John Wright. At Trenton,
under the superintendence of William Huggins, James Harrison,
Hardy Bryan and Charles Garock. At Beaufort, under the su-
perintendence of James W. Byran, Jackonias Piggot, John F.
Jones and Benjamin Lecrofte. At Swansborough under the su-
perintendence of William P. Ferrand, Daniel L. Russel and Ba-
sil Hawkins. At Snowhill, under the superintendence of Benjamin
S. Edwards, William Williams, clerk, and Charles Harper.

merchants' bank of newbern.

67

2. Be it further enacted, That onefourth of each share shall How ^crip-
be paid in gold or silver, or their equivalent, to the commissioners ^ s a
above named, at the time of subscribing ; that another fourth

shall be paid in gold or silver, or their equivalent, to the directors,
chosen in the manner hereafter described, within sixty days after
the bank shall have commenced business, and the remainder shall
be paid as aforesaid, within nine months after the commencement
of its operations : and if any subscriber shall fail to pay any instal-
ment at the time stipulated, he shall pay interest thereon at the rate
of six per centum per annum, and his stock shall be forfeited, and
may be sold by the bank, and the proceeds applied to the payment
of the said deficient instalment, with the interest thereon, and the
balance, if any, paid over to said subscriber : Provided, That no
dividend shall be declared until the whole amount of stock sub-
scribed shall be paid in gold or silver or their equivalent.

3. Be it further enacted, That when one thousand shares are incorporating
subscribed, and the sum of twentyfive thousand dollars is actually subscribers,
paid to the commissioners, the subscribers to the said bank, then-
successors and assigns, shall be, and are hereby created and made a
corporation and body politic in law and in fact, by the name and

style of the " President and Directors of the Merchants' Bank of
Newbern," and shall so continue until the first day of January,
one thousand eight hundred and fiftyfive ; and by the name and
style aforesaid, they shall be and are hereby made able and capable
in law to have, purchase, receive, possess, enjoy and retain to
themselves and successors, lands, tenements, rents, hereditaments,
goods, chattels and effects, and the same to grant, demise, alien
and dispose of, to sue and be sued, implead and be impleaded,
answer and be answered, defend and be defended, in courts of re-
cord, or any other place whatsoever ; and also to make, have and
use a common seal, and the same to break, alter or renew at their
pleasure ; and also to ordain, establish and put in execution such
bylaws, ordinances and regulations as shall seem necessary and
convenient for the government of said corporation ; and for the
making whereof, general meetings of the stockholders may be
called in the manner hereafter specified, and generally to do and
execute all acts, matters and things which a corporation^ and body
politic in law, may or can lawfully execute or do, subject to the
rules, regulations, restrictions and provisions, hereafter prescribed

and declared

4. Be it further enacted, That as soon as one thousand shares Subscribers to
shall be taken in the stock of said bank, and the required N^-JS£ dfcSLs.
ments paid to the commissioners who keep the books, notice
thereof shall be given in the gazettes published at Newbern, and a
meeting of the subscribers to be held ten days at least after the
date of the notice, shall be called. If at this meeting those or
their agents who have a majority of votes according to the rules
hereafter described be present, (if not, another meeting shall be
called,) they shall proceed to the election of seven directors, who
shall take charge of the books and money in the hands of the com-
missioners, and immediately pursue the usual means to put the

68

MERCHANTS BANK OF NEWBERN.

Annual meet-
ings of stock-
holders.

When the bank
may go into
operation.

Fundamental

articles.

A majority of

stockholders

required at all

meetings.

How to vote.

Qualifications
of directors,
election of pre-
sident, &c.

Cashier and
other officers
to be elected
and shall give
bonds.

Duty of the
cashier, &c.

bank in operation. The said directors shall remain in office until
the first Monday in December, one thousand eight hundred and
thirtyfive, (1835,) or until their successors shall be appointed :
and on the first Monday in December in each year, or at anytime
thereafter, meetings of the stockholders shall be held in the town
of Newbern for the purpose of electing directors, inquiring into the
affairs of the institution, and making such regulations as may be
deemed fit and necessary.

5. Be it further enacted, That the bank may go into operation
whenever one hundred thousand dollars shall have been paid in,
and that no dividends on the profits of the bank shall be declared
by the president and directors until the whole amount of the cap-
ital stock subscribed shall be realized to the bank in gold or sil-
ver, or its equivalent.

6. Be it further enacted, That the following rules, regulations
and provisions, shall form and be the fundamental articles of the
constitution of the corporation : A meeting of the stockholders
cannot be held unless those who have a majority of the whole num-
ber of votes be present ; and every act shall require the sanction
of a majority of the votes which may be present ; every stock-
holder holding one share and not more than two, shall be entitled
to one vote ; for every two shares above two, and not exceeding
ten, one vote ; for every three shares above ten and not exceed-
ing one hundred, one vote ; for every four shares above one hun-
dred, one vote. After the first meeting, no share or shares shall
confer a right of voting, which shall not have been holden three
calendar months previous to the day of voting. Stockholders may
vote at elections and general meetings by proxy, the proxy himself
being a stockholder. None but a stockholder, who is a citizen of
the State, shall be eligible as a director ; and the directors, when
appointed, shall choose one of their number, (which shall always
be seven,) to be president of said bank, and shall manage the in-
stitution as shall seem best to them, unless otherwise directed by the
stockholders ; but compensation to the president or directors shall
be granted at the pleasure of the stockholders. Not less than five
directors, of whom the president shall always be one, shall consti-
tute a board for the transaction of business, except in case of ab-
sence or sickness of the president, when he may by writing nom-
inate any other director to supply his place. A number of stock-
holders not less than ten, who together shall be the owners of one
hundred shares or upwards, shall have power at any time to call a
general meeting of the stockholders for purposes relative to the in-
stitution, giving at least twenty days notice in a public gazette, and
specifying the object or objects of such meeting. The directors
shall annually elect a cashier and such other officers as may be ne-
cessary to perform the business of the bank. These officers shall
be required to give bonds, with two or more securities, in sums
not less than ten thousand dollars, with a condition for good be-
havior and faithful discharge of duty. The cashier shall keep a
book to contain the proceedings of the board of directors, the
names of those present, the date and day of each meeting, and

merchants' bank of newbern. 69

shall record the yeas and nays on any question when asked for by
a director. This book shall be evidence in courts of justice
against said bank ; and on entering on the discharge of his duties,
the cashier shall take the following oath or affirmation before some
justice of the peace, by whom it shall be deposited in the office of
the clerk of the county court of Craven county, viz : " I, A. B.
do solemnly swear, (or affirm, as the case may be,) to keep a just
and true record, without alterations in, or erasures of, the transac-
tions of the board of directors of the Merchants' Bank of New-
bern, in a book to be kept by me for that purpose." In all cases
in addition to the usual personal security, the stock of directors
shall be considered as a pledge for the repayment of the money
which they may borrow, whether as principal or surety. The said . . .
corporation shall purchase and hold only such lands, tenements, holding prop-
rents and hereditaments, as shall be requisite for the convenient ert5r-
transaction of its business, or shall have been bona fide mortgaged
to it by way of security, or conveyed to it in satisfaction of debts
previously contracted in the course of its dealings, or purchased
at sales upon judgments which shall have been obtained for such
debts. The said corporation shall neither directly or indirectly In what the
trade in any thing except bills of exchange, promissory notes andtl^e-sla
bonds, expressing on the face of them to be negotiable and pay-
able at said bank, gold or silver bullion, or in the sale of goods
really and truly pledged for money lent, and not redeemed in due
time, or of goods which shall be the produce of its lands, mint
certificates, the public debts of the United States, stock of the
present bank of the United States, or such other bank as may be
hereafter established by a law of the United States ; provided the
investment in such stock shall not exceed one half of the capital
stock of this bank. Neither shall the said corporation take more Rate 0f per
than at the rate of six per centum per annum for or upon its loans cent, on loans,
and discounts ; which interest shall be taken in advance at the time
of discount. The total amount of the debts which the said cor- Limit of bank
poration shall at any time owe, shall not exceed twice the amount e t-
of the stock actually paid in over and above the sum then actually
deposited in the bank for safe keeping ; if this or any other enact-
ment herein contained be violated, the directors knowingly and Penalty.
willingly assenting to such violation, shall be deemed to have com-
mitted a misdemeanor, and upon conviction in the superior court,
shall be fined or imprisoned, or both, at the discretion of the court.
If a vacancy in the directory shall occur, by death, resignation or How to fill va-
otherwise, the remaining directors shall fill such vacancy, until the cancies.
succeeding meeting of the stockholders. The stock of said corpo-
ration shall be assignable and transferable according to the rules
which shall be instituted in that behalf, by the laws and ordinances
of the same. The officer at the head of the treasury department Statement to be
of the State shall be furnished once in six months with a state- Usurer,
ment of the amount of capital stock of said corporation, and of
the debts due to the same, of the moneys deposited therein, of the
notes in circulation, and of the cash in hand ; and shall have a
right to inspect such general accounts in the books of the bank as

70

MERCHANTS BANK OF NEWBERN.

How bills or
notes shall be
assignable

No note to be
issued under
five dollars,
&c.

Stockholders
liable to credit-
ors.

Books may be
kept open.

Fraud of direc
tors deemed
felony.

shall relate to the said statement : Provided, That this shall not
be construed to a right of inspecting the accounts of any private
individual with the bank, except of the directors. The bills ob-
ligatory and of credit, under the seal of the said corporation,
which shall be made to any person or persons, shall be assignable
by endorsement thereon under the hand or hands of such person
or persons, and of his, her or their assignee or assignees ; and so
as absolutely to transfer and vest the property therein in each and
every assignee or assignees successively, and to enable such as-
signee or assignees to bring and maintain an action thereupon in
his, her or their own name or names ; and bills or notes, which
may be issued by order of said corporation, signed by the presi-
dent and countersigned by the cashier, promising the payment of
money to any person or persons, his, her or their order, or to
bearer, though not under the seal of said corporation, shall be
binding and obligatory on the same, in the like manner and with
the like force and effect, as upon any private person or persons,
that is to say, those which shall be payable to any person or per-
sons, his, her or their order, shall be assignable by endorsement
in like manner and with like effect, as foreign bills of exchange
now are ; and those which are payable to bearer, shall be nego-
tiable and assignable by delivery only.

7. Be it further enacted, That no note shall be issued by the
said bank under the denomination of five dollars, and if any per-
son or persons holding any note or notes of said banks, shall pre-
sent the same for payment and the payment shall be refused, the
said note or notes shall draw interest at the rate of twelve per
cent, per annum, from the time of said demand, and the said bank
shall pay the same ; any law to the contrary notwithstanding ; and
the holder of the notes of the said bank, if not paid on demand,
may bring an action of assumpsit against one or all of the directors,
who may have consented to issue more than twice the capital
stock paid in : Provided, that the bank be not able to pay the
amount.

8. And be it further enacted, That in case of an insolvency of
the bank hereby created, or ultimate inability on the part of this
corporation to pay, the individual stockholders shall be liable to
creditors in sums double the amounts of stock by them respective-
ly held in said corporation.

9. Be it further enacted, That the directors shall be allowed to
keep open the subscription books until the whole stock shall be
taken.

10. Be it further enacted, That if a director or any other offi-
cer, agent or servant of said corporation, shall embezzle any of
the funds belonging to the said bank, with intent to defraud said
corporation, or make false entries upon the books of said bank,
with intent to defraud said corporation, or any other person what-
soever, said officer, agent or servant, shall be held and deemed
guilty of felony, and upon conviction thereof by due course of law,
shall be punished by fine, at the discretion of the court, and im-
prisonment not exceeding five years.

merchants' bank of newbern. 71

11. Be it further enacted, That if any person shall falsely make, Penalty for
forge or counterfeit, or cause or procure to be falsely made, forged o°Ufor|rei?yUng
or counterfeited, or willingly aid or assist in falsely making, forg-
ing or counterfeiting, any bill or note in imitation of, or purport-
ing to be a bill or note issued by order of the president and di-
rectors of the Merchants' Bank of Newbern, or any order or check

upon said bank or corporation, or any cashier thereof, or shall
falsely alter or cause or procure to be falsely altered, or
willingly aid or assist in falsely altering any bill or note issued by
order of the said corporation, or any order or check on said bank,
or any cashier thereof, or shall pass or receive with intent to pass,
utter or publish as true any false, forged or counterfeited bill or
note purporting to be a bill or note issued by order of the said cor-
poration, or any false forged or counterfeited order or check upon
the said bank or any cashier thereof, knowing the same to be false-
ly forged or counterfeited, or shall pass or receive with intent to
pass, or attempt to pass, utter or publish as true, any falsely altered
bill or note, issued by order of the said bank, or any falsely altered
order or check on said bank, or any cashier thereof, knowing the
same to be falsely altered with intention to defraud the said cor-
poration, or any other body politic, or person or persons, every
such person shall be deemed guilty of felony, and being thereof
convicted by due course of law, shall be imprisoned not exceed-
ing ten years, and fined not exceeding five thousand dollars.

12. Be it further enacted, That the president or cashier of Tax on stock.
the said bank shall annually pay into the treasury of the State,
twentyfive cents on each share of said capital stock, which may

have been subscribed for and paid in ; and the first payment of
said tax, shall be made twelve months after the said bank shall
have commenced operations.

13. Be it further enacted, That the directors of said bank may Semi-annual
declare, semi-annually, dividends of the profits thereof; and if at dmdends-
any time more than the real profits be divided, the directors as-
senting thereto, shall be responsible in their private capacities to
creditors who have claims against the said institution.

14. Be it further enacted, That the president of this bank shall Ann!,a! state"

• • i. merits to be

in the first week in December, in each and every year, transmit made to the
to the General Assembly, a full statement of the condition of the Le§islature-
bank ; exhibiting the amount of capital ; notes in circulation ; debt
due to other banks, and to what banks ; deposits, and all other
particulars necessary to explain the debit side of the account ; al-
so specie on hand ; notes of other banks ; other funds specially
enumerated ; debts due from other banks, and what banks ; bills
of exchange ; debt on bonds and notes discounted, specifying in
one item the amount due from stockholders, and in another the
amount due from directors, not however using any person's name
in either case, and amount of real estate.

15. Be it further enacted, That if any president, director, Penalty for
cashier, clerk, or other officer of the aforesaid bank, shall know-£5m£
ingly, willingly, and with intent to deceive, make or cause to be

made, or connive at making any false return, statement or exhibit

72

merchants' bank of newbern.

Proceedings i
case of viola-
tion o the
charter.

Reduction of
subscription.

of the condition of the bank, either to the treasury of the State,
to the legislature, to the board of directors, or to the stockholders,
or to any other person or persons that may be authorized by the
legislature, or by the stockholders, to receive the same, such
president, director, cashier, clerk or other officer, and all persons
aiding or abetting in such deception or false return, shall be liable
to be indicted as for a misdemeanor in the superior courts, and
upon conviction shall be fined at the discretion of the court and
imprisoned not exceeding one year.

l 16. Be it further enacted, That whenever the legislature may
be of opinion that the charter of the corporation hereby granted
shall have been violated, it may be lawful by joint resolution, to
direct the attorney general with such assistant counsel as the gov-
ernor or legislature may think proper to engage, to issue a writ of
scire facias returnable before the judges of the supreme court of
the State, calling upon said corporation to show cause why the
charter hereby granted shall not be forfeited ; subject to the same
proceedings as are now prescribed by law, as in cases of other
corporations.

17. Be it further enacted, That if it shall happen, when the
books shall be opened as aforesaid, that a greater sum than three
hundred thousand dollars, shall be subscribed by individuals, or
bodies corporate, it shall be lawful for the commissioners to reduce
such subscriptions, according to a scale, by them to be established
for that purpose, to the aforesaid sum of three hundred thousand
dollars : Provided, that no subscription of two shares, or under,
shall be scaled until all larger subscriptions shall first be reduced
to an equality with them.

AN ACT TO AMEND AN ACT, ENTITLED AN ACT TO ESTABLISH THE
MERCHANTS' BANK OP NEWBERN, PASSED AT THE LAST SESSION
OF THE GENERAL ASSEMBLY.

(Passed at the session of 1S35.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the corporation established by the above recited act, shall at
their annual meetings, and in the mode therein prescribed, elect
nine directors, who shall be vested with the same powers and
privileges, and subject to the same penalties and disabilities, as the
seven provided by the fourth section of this act now are.

2. Be it further enacted, That all clauses of the act above
recited, coming within the meaning and purview of this act, be,
and the same are hereby repealed.

3. Be it further enacted, That this act shall take effect and be
in force immediately after the stockholders of the said bank in
general meeting agree thereto, and signify their assent to its pro-
visions by writing duly authenticated and deposited in the office of
the secretary of state of this State.

SOUTH WESTERN RAIL ROAD BANK.

73

SOUTH WESTERN RAIL ROAD BANK.

AN ACT TO CONFER BANKING PRIVILEGES ON THE STOCKHOLDERS
OF THE LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD
COMPANY, ON CERTAIN TERMS AND CONDITIONS.

(Passed at the session of 183C.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same, That
the rail road company incorporated in the state of South Carolina, Corporation to
North Carolina and Tennessee, by the name of " The Cincinnati and boX for bank-*5
Charleston Rail Road Company ;" and in the state of Kentucky, by «ig purposes,
the name of " The Louisville, Cincinnati and Charleston Rail Road
Company,1' shall be called and known as a body corporate in all
the states aforesaid, by the name of " The Louisville, Cincinnati
and Charleston Rail Road Company ;" and that the corporators in
the said rail road company shall form a separate body corporate, in
deed and in law, for banking purposes, in such of the states of
South Carolina, North Carolina, Tennessee and Kentucky, as shall
assent thereto, and be called and known by the name of the
" South Western Rail Road Bank :" Provided, that the assent of
not less than three of the said states shall be given hereto, before
the bank shall have corporate existence.

2. Be it further enacted, That the said banking company shall Banking com-
be formed in the following manner, and be vested with the follow- ^^ed°&c.
ing powers, and be subject to the following restrictions : that is to
say, 1st. Each of the present stockholders, and every person who
may hereafter become a stockholder in the said rail road company,
until the capital thereof shall be increased by regular subscriptions
to twelve millions of dollars, shall be entitled, for every share in
the said rail road company of one hundred dollars, to take one
share in the bank of fifty dollars, so that the capital of the said bank
may, in the first instance, amount to the sum of six millions of
dollars. 2d. The directors of the said company shall cause books
to be opened to the community at large, in all the states of South
Carolina, North Carolina, Tennessee and Kentucky, at all places
where books were opened for the first subscriptions of stock in
said rail road company, and such other places as the said directors
may designate, by such commissioners as the said directors may
appoint, from ten o'clock in the morning to two o'clock in the
afternoon of each day, for a period not less than thirty days, ex-
cept Sundays, for the purpose of increasing the stock of the said
rail road company to twelve millions of dollars ; and if, on closing
the books, on the last day of December, eighteen hundred and
thirty seven, the rail road capital shall have been increased by regu-
lar subscriptions to eight millions of dollars, or more, the bank
shall be regarded as formed ; and thereupon, the stockholders
therein shall be a body corporate in all the states assenting thereto,
by the name of " The South Western Rail Road Bank ;" Pro-

VOL. II. 10

74

SOUTH WESTERN RAIL ROAD BANK.

vided, at least three of the states shall assent thereto. 2d. If, on
closing the books, the subscriptions shall have increased the capi-
tal of the rail road company beyond twelve millions of dollars, the
same shall be reduced to that sum, by reducing the subscriptions
made after the first day of December, eighteen hundred and thirty-
six, in the manner prescribed by the seventh section of the rail-
road charter.
Payment of 3. As soon as the said bank has become a body corporate as

rstms am n . g^gg^^ tjie directors of the said rail road company, by publica-
tion, in two or more newspapers in each of the said states, shall
call on all the stockholders in the rail road company, to pay the
first instalment of twelve dollars and fifty cents on each share to-
wards forming the capital of the bank, which sum shall be paid
into some specie paying bank in the state where the payment is
made, to the credit of the " South Western Rail Road Bank ; "
and each stockholder in the rail road company, who shall, within
one month after the day fixed for the said payment, pay, on the
whole, or any part of the stock he owns, in specie, or the notes
of specie paying banks in the said states, the instalment so called
for, shall be regarded and taken as a stockholder in the said bank,
for the number of shares on which such payment shall be made.
And as soon as the said bank has become a body corporate as
Meeting of aforesaid, the directors of the rail road company shall appoint a
stockholders, time and place for the stockholders in the bank to meet by them-
an t eir votes. sejveg^ Qr proxieS;i ancj gjve notiCe thereof, by publications in two
or more newspapers in each of the said states, at least one cal-
endar month before such meeting. In all meetings of the stock-
holders of the bank, votes may be given in person or by proxy,
on the same terms, and according to the same scale as is pre-
scribed for voting in person, or by proxy, in meetings of the
rail road company ; except that no person shall act as a proxy in
the bank, unless he be a stockholder therein.
Election of di- ' 4. At the first meeting of the stockholders, and annually there-
after, on such day as shall be fixed by the bank corporation, there
shall be an election of thirteen directors of the bank ; and those
who are elected by a plurality of votes shall be capable of serving
as such only for one year ; but shall be re-eligible. In case of
death, resignation, or removal from office by the stockholders, of
a director, his place may be filled by the other directors for the
remainder of the year.
Bank not dis- 5. But should the day of annual election pass, without any
ureTo elect election of directors, the bank shall not be thereby dissolved ;
but it shall be lawful on any other day to hold and make such
election in such manner as may be prescribed by a bylaw of the
bank corporation.
The residence 6. The directors of the bank shall be resident citizens of some
appointment of °f tne sa?d states, and stockholders of the bank ; and, at the first
president, &c. meeting after their election, they shall appoint one of their number
to be president of the said bank ; they shall appoint all the officers
of the bank, and the president, directors and cashier of its
branches, all of whom they may remove at pleasure, and may also

SOUTH "WESTERN RAIL ROAD BANK.

75

at pleasure remove all the officers of the branches, which shall
have been appointed by the president and directors of such
branches : no director, or partner of a director of another bank,
shall be a director in this bank, or in any of its branches ; nor shall
any person act as a director, who may be under protest in the
said bank, as drawer or endorser of any note or bill of exchange,
held by the said bank, either for discount or collection, unless he
shall prove to the satisfaction of a majority of the directors, that he
has just and sufficient cause for refusing payment of the demand
on which such protest may be founded.

7. The president and directors of the bank may call for a se- of the call for
cond instalment of twelve dollars and fifty cents, upon the capital ^Jjgj h.
of the bank, as soon after their elections as they may deem proper, crease of cap-
upon giving one month's notice thereof, by publication, in at leasts-
two newspapers in each of the states assenting thereto : the sub-
sequent instalments they may call for in such sums as they may
deem necessary ; provided, that similar notice be given, and the
payment be at least sixty days apart ; and, provided also, that no
call for any instalment subsequent to the two first shall be made,
until an amount equal to such call shall have been previously called
in by the rail road company, and shall have been actually expend-
ed in constructing the rail road, or shall be necessary to meet con-
tracts actually made on account of the same. When the instal-
ment paid in for the capital of the said bank shall amount to six
millions of dollars, the capital shall not be further increased, until
six millions of dollars shall have been actually called in and expend-
ed on the rail road ; after which, the capital of the bank shall be
increased only by calling for instalments equal in amount to those
which may be called for by the rail road company, until the said
capital shall reach the limit of twelve millions : Provided, the capi-
tal of the bank shall not exceed six millions, until the rail road
shall have been extended to the state of Tennessee ; and that it
shall not exceed nine millions, until the road shall be extended to
the southern boundary of Kentucky ; and that it shall not be in-
creased to twelve millions, until it shall be extended to Lexington
in Kentucky : Provided also, that any share in the bank, on which
any instalment shall not be paid, when called for, shall, with all
the payments made thereon, be forfeited to the bank ; but such
defaults shall not induce a forfeiture of the corresponding rail road

c npvpc

8. The board of directors of the rail road and of the bank, g^^
shall be distinct and separate bodies ; and the capital of the rad and railroad to
road and of the bank shall also be kept distinct and separate ; the be separate, &c.
bank shall never be liable for the debts of the rail road company ;

but the rail road company shall be liable for the debts of the bank,
in case of failure : Except, that shares in the rail road, which have
no corresponding shares in the bank, shall not be liable to the
debts of the bank.

9. The president and directors of the bank shall make up, ^^s£te"
annually, a full statement of the affairs thereof, as they may stand made.

on the first day of October ; and also of the affairs of each of the

76

SOUTH WESTERN RAIL ROAD BANK.

Denomination
and redemp-
tion of notes.

branches on that day, as rendered to them by the president and
directors of such branch ; and shall send one copy thereof, certi-
fied by the president and cashier, to each of the governors of the
said states, to be laid before their respective legislatures.
The location of 10. The mother or principal bank, shall be located at Charles-
prmcipal bank, ton . and the gaid bank mg^ estabjjsh branches, or have agencies
thereof, in any state, with the consent of the legislature thereof.
And it is hereby declared, that the said bank shall not have cor-
porate existence, unless two of the states of North Carolina, Ten-
nessee and Kentucky shall consent to the establishment of branches
therein.

1 1 . The bank shall never issue any note, or draw a check which
is payable to order, or bearer, of a less denomination than five
dollars, until the road is completed, nor less than ten dollars after
the completion of said road. Nor shall it ever put in circulation
notes payable to order or bearer, to an amount exceeding double
its capital ; and in case it shall not redeem its notes in current
coin of the United States, when demanded, at the bank or branch
where such notes are payable, such notes shall thenceforth bear
interest at the rate of twelve per cent, per annum.

12. Neither the bank nor its branches shall lend money on
ofnstockP&cge tne pledge of its own, or the stock of the rail road, until three-
fourths of the capital of the rail road company shall have been paid
in ; and then only to onehalf of the said stock ; and the bank
shall never permit the railroad company to overdraw.

13. Each branch of the said bank shall be an office of
discount and deposit. It shall have aboard, to consist of a presi-
dent, and not less than six directors, with a cashier, and such other
officers as the business of the branch may require ; the board
shall conform to all orders it may receive from the president and
directors of the bank; and shall possess such powers as the said
president and directors may confer on them, consistently with this
charter.

14. And the said bank corporation, by its said name and

link5 °f the style' sha11 .be' and is liereby made capable in law, to have, pur-
chase, receive, possess, enjoy and retain, to it and its successors,
lands, rents, tenements, hereditaments, goods, chattels, promissory
notes, bills of exchange, and all other choses in action, moneys,
and effects of what kind, nature or quality soever, to an amount
not exceeding, in the whole, three times the amount of the capital
stock of the said corporation : and the same to sell, alien or dis-
pose of; and also to sue and be sued, plead and be impleaded,
answer and be answered, defend and be defended, in the courts of
any of the said states, or of any other place whatsoever ; and also
to make, have and use a common seal, and the same to break, alter
and renew at pleasure ; and also to discount promissory notes, at
a rate of interest not exceeding one per cent, for sixty days ; and
also to ordain, establish and put in execution such bylaws, ordi-
nances, and regulations as shall seem necessary and convenient, for
the government of the said corporation, not being contrary to the
laws of the said states, or of the United States, or to the consti-

Bank not to

Officers, &c.
of branches.

Corporate

SOUTH WESTERN RAIL ROAD BANK.

77

tution thereof ; and generally to do and execute, all and singular,
such acts, matters and things, as may be deemed necessary and
proper for the good government and management of said corpora-
tion ; subject, nevertheless, to such regulations, restrictions, limi-
tations and provisions as are herein prescribed and declared.

15. That the total amount of debts which the said corpo- Amount of debt
ration shall at any time owe, shall not exceed three times the JjJJj ^f**™-

J ' p poration may

amount of its capital stock, exclusive ol the amount oi money owe.
then actually deposited in the bank for safe keeping ; and in case
of excess, the directors., under whose administration such excess
shall happen, shall be liable for the same in their private and indi-
vidual capacities ; and an action may, in such case, be brought
against them, or any of them, their or any of their heirs, execu-
tors or administrators, in any court having competent jurisdiction,
by any creditor or creditors of the said corporation ; and may be
prosecuted to judgment and execution, any condition, covenant or
agreement to the contrary notwithstanding ; but this shall not be
construed to exempt the said rail road company, or the said bank,
or the lands, tenements, goods or chattels of the same from being
also liable for said excess ; and such of the said directors as may
have been absent when such excess was contracted or enacted, or
such as may have dissented from the resolution or act whereby the
same was contracted or enacted, may respectively exonerate them-
selves from being thus liable, by forthwith giving notice of the
fact, and of their absence or dissent, to the stockholders, at a
general meeting to be called for that purpose.

16. That dividends shall be made at least twice in every year, Dividends and
by the said corporation, of so much of the profits of the said surPlus-
bank as shall appear to the directors advisable ; and once in every

year, the directors shall lay before the stockholders, at a general
meeting, for their information, the amount of surplus profits, if any,
after deducting losses and dividends.

17. That no officer of said bank other than a director, not be- Officers of
ing president, shall be permitted, either directly or indirectly, to ^"kj£st££ed
carry on the business or trade of merchandise, factorage, broker-
age, vendue, or the exchange of money or bills for profit ; and

every such officer so trading, shall be removed from office by the
directors, and shall not be re-eligible to any office in said bank or
its branches. That no director or other officer of the said bank
shall, directly or indirectly, receive any compensation for any
agency, for negotiating any business with the bank or its branches,
in procuring discounts, renewing notes, or receiving moneys for
individuals or notes discounted ; and any such director or other
officer thus receiving compensation, shall be removed from office,
and disqualified from thereafter holding any office in said bank or
its branches.

18. That a meeting of the stockholders may be called at any >vhen f meet~
ii -iiT • ■ r i l ing oi the

time by the president and directors, or a majority ol them, or by stockholders

any director who may protest against the proceedings of the board, may be called.
and who may wish the propriety of his dissent to be considered by
the stockholders, or whenever the holders of ten thousand shares

78 SOUTH WESTERN RAIL ROAD BANK.

or upwards, shall require the same ; provided, that no such meet-
ing of the stockholders shall be competent to transact business, un-
less one month's notice thereof be given in at least two public
gazettes, in each of the said states, and unless a majority of the
What property stock in the said bank be represented. That the lands, tenements
bank may hold. ail(^ hereditaments which it shall be lawful for the said corporation
to hold, shall be only such as may be requisite for its immediate
accommodation, for the transaction of business, such as shall have
been bona fide mortgaged or assigned to it by way of security or
payments for debts previously contracted in the course of its
dealings, and such as shall have been purchased at sales upon
judgments previously obtained.
Shares of rail 19. Each share in the bank shall be inseparably connected with
road and bank a sh&re in the rail road company, and shall never be transferred
without it ; and the forfeiture of a share in the rail road company,
for the non-payment of any instalment called for thereon, shall in-
duce a forfeiture to the bank corporation of the corresponding
bank share. The stock of said bank, and the corresponding rail
road stock shall be assignable and transferable, according to such
regulations, and upon such terms, as may be prescribed and fixed
by the bank corporation, or the directors thereof.
Bills or notes 20. The bills or notes which may be issued by order of the
sizable &c. said bank corporation, signed by the president, and countersigned
by the principal cashier or treasurer thereof, promising the pay-
ment of money to any person or persons, his, her or their order,
or to the bearer, though not under the seal of the said corporation,
shall be binding and obligatory on the said corporation, in like
manner, and with the like force and effect, as upon any private
person or persons, if issued by him, her or them, in his, her or
their private capacity ; and shall be assignable and negotiable in
like manner, as if they were so issued by such private person or
persons ; that is to say, those which shall be payable to any per-
son or persons, his, her or their order, shall be assigned by en-
dorsement in like manner, and with like effect, as foreign bills of
exchange now are ; and those which are payable to any person or
persons, or bearer, shall be negotiable or assignable by delivery
only.
Notes of twen- 21. Notes of twenty dollars and under, may be signed by the
unde3r1&c.and president and cashier of the branch where they are payable, and
shall have the same effect as they would have, if signed by the
president and cashier of the principal bank.
Number of di- 22. That no less than five directors in the principal bank, or
rectors to con- four jn a branch, shall constitute a board for the transaction of

stitute a board. . - ' . . . . . ,

business, of whom the president shall always be one, except in the
case of sickness or necessary absence, when his place may be sup-
plied by any other director, whom he, by writing, shall nominate
for the purpose ; and in default of such nomination by the presi-
dent, or in case of sickness or necessary absence of the person so
nominated, the board of directors may, by ballot, appoint a tem-
porary president.

SOUTH WESTERN RAIL ROAD BANK. 79

23. The directors for the time being, shall have power to ap- Directors em-
point such officers, clerks and servants under them, as shall be pom^nd^re-1*"
necessary for executing the business of said corporation, in such move officers,
manner, and upon such terms as they shall deem necessary and c er s'
proper ; and shall also have power to remove such officers from

time to time, at their will and pleasure ; and shall be capable of
exercising such other powers and authorities, for the well govern-
ment and ordering of the affairs of the said corporation, as shall
be prescribed, fixed and determined by the laws and regulations
thereof.

24. That the president, cashier, and clerks employed in keep- Officers exempt
ing the books of the said bank, shall be, and they are hereby de- [rom Publlc du-
clared to be exempted from the performance of ordinary militia

duty, and from serving as jurors.

25. The capital of the said bank, and all the funds thereof, the Bank exempt
shares of the stockholders therein, and the dividends thereon, shall &°m &X' "" 1 '
be free and exempt from taxation of every kind, in each of the

states granting the charter, until the said rail road shall be finished,
and the stockholders in the company shall have derived an interest
of six per centum per annum, for each year, upon their invest-
ments ; after which, the State of North Carolina shall have the right
to lay a tax, not exceeding onefourth per centum, upon so much
of the capital of the bank as is employed by the branch in that
aforesaid State ; except that its real estate, and its goods pledged
for money lent, and its goods, the produce of its lands, may be
taxed at the same rate as similar real estate and goods are taxed,
in the states where the same may be situated.

26. That any real estates, bills, notes, moneys, profits or other Property, on
property whatever, which may, on the dissolution of the said bank bank tobe held
corporation, be owned or possessed by it, shall beheld by the for benefit of
directors of the said bank, for the use and benefit of all persons

holding shares in said corporation at the time of its dissolution,
and their legal assignees and representatives, in average and pro-
portion to the number or amount of said shares.

27. In case the rail road company shall finish the road with a mayhavf cor^
double track from Charleston, or the rail road of the South Caro- porate exist-
lina Canal and Rail Road Company to the Ohio river, or shall unite ence*

it in the state of Kentucky with some other rail road, which may
connect it with the Ohio river within ten years from the first day
of January, eighteen hundred and thirtyseven ; or in case, within
the same period, the Louisville, Cincinnati and Charleston Rail
Road Company shall finish the road with a double track from
Charleston, or from the rail road of the South Carolina Canal and
Rail Road Company, to the southern boundary of Kentucky ; or in
case the said Louisville, Cincinnati and Charleston Rail Road Com-
pany shall, within the same period, actually expend on the said
road the sum of twelve millions of dollars, then the said bank shall
have corporate existence for twentyone years after the expiration
of the said ten years ; otherwise it shall cease to have corporate
existence after the expiration of the said ten years.

80 SOUTH WESTERN RAIL ROAD BANK.

Exemption 28. If the legislature of the state of Kentucky shall not, within

from obligation one year from the first ^ay 0f March, eighteen hundred and thirty-
road in Ken- seven, discharge the rail road company from the obligation to make
tucky, &c. branches to the main road in that state ; and the company shall,
within ten years from the first day of January, eighteen hundred
and thirtyseven, construct a rail road with a double track from
Charleston, or from the rail road of the South Carolina Canal and
Rail Road Company, to the southern boundary of the state of Ken-
tucky, or to the Cumberland river, then the said rail road compa-
ny shall continue to exist as a body corporate, in the states of
South Carolina, North Carolina, and Tennessee, with all the
rights and privileges, appertaining to it in those states, discharged
from all obligation to construct any rail road in the state of Ken-
tucky, or to have any directors residing in that state ; and the
bank hereby chartered, shall have corporate existence in such of
the states as shall assent hereto, with all the rights and privileges,
and subject in all respects to the conditions herein contained ; dis-
charged from all obligations to establish or construct any road in
the state of Kentucky.
Cases in which 29. It is hereby declared, that in case the railroad com-
rev^ed be Pany sna^ not within nve years from the first day of January, eigh-
teen hundred and thirtyseven, have called in and expended or
made contracts to the amount of three millions of dollars for the
construction of the road, the grant of banking privileges hereby
conferred shall cease and be revoked. In case the construction
of the road shall be suspended after the bank goes into operation
for one year, before the final completion of the road, then this
charter shall be taken and deemed as null and void. But the bank
shall, in this contingency, be allowed two years for winding up
their concerns, without the privilege of doing new business.
Branch in this 30. The said bank may establish a branch in this State for
State. ,|-jie transaction of business, pursuant to the provisions herein

before contained.
Restrictions as 31. Be it further enacted, That it shall not be lawful for
capitaL1011 and ^ie sa^ Dank to establish any branch bank or agency in the State
of North Carolina, to the eastward of the Catawba river, nor to
employ in this State a larger amount of capital than one million of
dollars, without the consent of the legislature first had and ob-
tained.
Counterfeiting 32. That if any person shall falsely forge or counterfeit,
fJlonyrger5' or "willingly aid or assist in falsely making, forging or counterfeiting,
any bill or note, check or draft, purporting to be, or in imitation
of any bill, note, check or draft, issued by order of said corpora-
tion, with intent to defraud : every such person so offending shall
be deemed and judged guilty of felony ; and being convicted
thereof, before any court of record in this State, shall be punished
as the law directs in cases of forgery.
Legislature to 33. Be it further enacted, That it shall be lawful for the
f^os^olssue General Assembly, whenever it shall have reason to believe that
the charter hereby granted has been violated, to order a scire
facias to be sued out from the superior court of the county in

SOUTH WESTERN RAIL ROAD BANK.

81

which the branch bank hereby authorized shall be established, in
the name of the State of North Carolina, which shall be executed
upon the president, any two of the directors, or upon the cashier
of the said branch bank for the time being, at least ten days before
the commencement of the term of said court, calling on said cor-
poration to shew cause wherefore the charter hereby granted shall
not be declared void ; and it shall be lawful for the said court upon
the return of said scire facias (unless good cause be offered for a
continuance) to examine into the truth of the alleged violation, and
if such violation shall be made to appear, then to pronounce and
adjudge that the said charter is forfeited and annulled ; Provided,
however, every issue of fact which may be joined between the
State of North Carolina and the corporation aforesaid, shall be
tried by jury. And it shall be lawful for the court aforesaid to
require the production of such of the books of the corporation as
it may deem necessary for the ascertainment of the controverted
facts ; and it may be lawful for such person as may appear for the
State, or for the corporation, being dissatisfied with such final
judgment as may be had in said court, to appeal to the supreme
court of the State : Provided, however, that in all cases wherein
the charter of said bank shall be adjudged to be forfeited, and the
corporation dissolved, such dissolution or forfeiture being declared,
shall not extinguish the debts due to or from said corporation ; but
the court rendering such final judgment, shall proceed to appoint a
receiver or receivers, who shall have full power to collect, in his
or their own names, all the debts due to said corporation ; to take
possession of all its property ; to sell, and dispose, and distribute
the same in order to pay off the creditors of said corporation, and
afterwards to reimburse the stockholders thereof, under such rules,
regulations, provisions, and restrictions as the court rendering such
final judgment shall direct.

34. Be it further enacted, That no judgment, sentence or de- Decree of
cree which may be pronounced, declaring the said charter for- fcct the rights
feited and annulled, shall be so construed, to exempt the said of claimants.
corporation or any of its effects from the redemption of all debts,

dues, and demands which may be against it at the time of pro-
nouncing such final judgment, sentence, or decree, or from distri-
bution among the stockholders, after the payment of debts.

35. Be it further enacted, That none but citizens of the United Citizens only
States shall have the right of voting at the meeting of the stock- sha11 vote-
holders.

36. Be it further enacted, That no bank corporation shall sub- No bank cor-
scribe or hold shares in this bank, directly or indirectly : Provided j^y shares,
there should be, at any stage of the charter, an amount of sub-
scription more than is authorized by the charter, that the subscrip-
tions of non-residents of those states which have or may hereafter
sanction this charter, shall be stricken off, before any reduction

shall be made in the subscription of the citizens of those states,
whose sanction is required by this charter.

VOL. II. 11

82 BOUNDARY OF THE STATE.

BOUNDARY OF THE STATE.

See Bill of Rights, section 25, volume I., page 9.

WITH VIRGINIA.

AN ACT FOR EXTENDING THE BOUNDARY LINE BETWEEN THIS
STATE AND THE COMMONWEALTH OP VIRGINIA.

(Passed in the year 1779.)

Whereas the inhabitants of this State, and those of the Com-
monwealth of Virginia, have settled themselves farther westward-
ly than the boundary between the said two states hath hitherto
been extended ; and it becomes expedient, in order to prevent
disputes among such settlers, that the same should be now further
extended and marked ;
Line to be run. 2. Be it therefore enacted, tyc. That Oroondates Davis, John
Williams (Caswell,) James Kerr, William Bailey Smith, and
Richard Henderson, or any three of them, be, and they are here-
by appointed commissioners, with full power and authority to meet
with other commissioners from the Commonwealth of Virginia, and
to proceed to extend and mark the line between that Common-
wealth and this State, beginning where Joshua Frye and Peter
Jefferson, commissioners on the part of Virginia, together with
Daniel Weldon and William Churton, from North Carolina, for-
merly appointed to run the said line, ended their work ; and if that
be found to be truly in the latitude of thirtysix degrees thirty min-
utes north, then to run from thence due west to Tennessee or the
Ohio river ; or if it be found not truly in the said latitude, then to
run from the said place due north or due south, into the said lati-
tude, and thence due west to the said Tennessee or Ohio river,
correcting the said course at due intervals by astronomical obser-
vations. If either of the commissioners by this act appointed
shall decline, or be unable to go through the duties of his appoint-
ment, the governor and council shall appoint some other to act in
his stead,

(The other parts of this act relate to the appointment of surveyors, &c, and compen-
sation to those employed, except the following clause :)

And the said commissioners are hereby directed to make report
of their proceedings to the General Assembly.

WITH SOUTH CAROLINA AND GEORGIA.

AN ACT APPOINTING COMMISSIONERS TO EXTEND THE BOUNDARY
LINE OP THIS STATE AND THE STATE OP SOUTH CAROLINA.

(Passed in the year 1803.)

Whereas, it is of high importance that the limits of this State
should be accurately defined ; and whereas all former laws have
failed to have the desired effect :

BOUNDARY OF THE STATE.

83

1. Be it therefore enacted , fyc, That there shall be appointed Three commis-
by joint ballot of both houses of the General Assembly, and com- appoTnted .be
missioned by the governor, three commissioners to meet the com-
missioners who already are, or hereafter may be appointed by the
State of South Carolina, at such tim3 and place as the executives
of the two States shall or may direct, and with them to settle all
and singular the differences, controversies, disputes and claims To settle dif-
that may subsist between this State and the State of South Caro-
lina ; and to fix and establish permanently the boundary line be-
tween this State and the State of South Carolina, and the same to
mark and ascertain as distinctly as may be, as far as the eastern
boundary of the territory ceded by the State of North Carolina to
to the United States : Provided, nevertheless, That the extension
of the said line shall not affect the titles of any person or persons
to the lands entered in either of the said states ; and this State Titles of land
will, at all times hereafter, ratify and confirm all and whatsoever not t0. be af~
the said commissioners, or a majority of them, shall do in and
touching the premises by virtue of this act, and the same shall be
binding on this State.

(Sections 2 and 4 provide merely for the expenses of the commission.)

3. Jlnd he it further enacted, That in case of death, resignation Governor to fill
or refusal to act, of any of the commissioners herein appointed, vacancies> c-
the governor of the State is hereby empowered to appoint and fill
up any vacancy occasioned in manner as aforesaid ; and that the
governor for the time being, shall, as soon as may be, after the
ratification of this act, transmit a copy thereof to the executive of
the State of South Carolina, accompanied with a request that the
State of South Carolina should co-operate without delay with this
State in effecting the purposes of this act.

5. And he it further enacted, That all former acts and parts ofFormer acts re-
acts coming within the meaning of this act, are hereby repealed peae
and made void.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT APPOINTING COM-
MISSIONERS TO EXTEND THE BOUNDARY OF THIS STATE AND
THE STATE OF SOUTH CAROLINA," PASSED AT RALEIGH, IN THE
YEAR 1803.

(Passed in the year 1804.)

Be it enacted, fyc, That from and after the passing of this act, Governor vest-
the governor for the time being, and his successor, shall be andhe^t^hP°t^er
is hereby vested with full power and authority to enter into any South Carolina
compact or agreement, that he may deem most advisable for the and Geor=ia-
interest of this State, with the legislative or executive powers of
the states of South Carolina and Georgia, relative to the establish-
ing permanently, the boundary line between this State and the
said states of South Carolina and Georgia, and for the extension
of the same : Provided nevertheless, That nothing herein con-
tained shall be so construed as to affect any part or clause of the
above recited act.

84

BOUNDARY OF THE STATE.

Preamble.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN
ACT PASSED IN THE YEAR 1803, ENTITLED AN ACT APPOINTING
COMMISSIONERS TO EXTEND THE BOUNDARY LINE OF THIS
STATE AND THE STATE OF SOUTH CAROLINA," PASSED AT RALEIGH,
IN THE YEAR 1804.

(Passed in the year 1806.)

Whereas by the above mentioned act, power and authority is
given to the governor to enter into any compact he may deem most
advisable for the interest of the State, with the legislative or ex-
ecutive powers of the states of South Carolina and Georgia, rela-
tive to the extension and establishment of the boundary line be-
tween this State and the said states of South Carolina and Georgia,
in which said act there is a proviso, that nothing therein contained
should affect any part or clause of the act passed in the year one
thousand eight hundred and three : And whereas doubts are en-
tertained whether the provisionary clause in the act passed in the
year one thousand eight hundred and three, is not by the proviso
in the act of one thousand eight hundred and four, made to have
relation to the state of Georgia as well as to the state of South Car-
olina : And whereas such provisionary clause can answer no valua-
ble purpose, so far as it respects the state of Georgia, and may be
an impediment to an amicable and speedy adjustment and settle-
ment of boundary between the two states :
Proviso in the ge fa therefore enacted. &-c. That the proviso in the act passed in

act of 1804 not " . *■ » ■"■

to have any re- the year one thousand eight hundred and four, entitled " An act
lation to the to amend an act, entitled an act appointing commissioners to ex-
gia. tend the boundary line of this State and the state of South Caro-

lina," passed at Raleigh in the year one thousand eight hundred
and three, shall not be construed to extend or have any relation to
the state of Georgia, any thing therein contained to the contrary
notwithstanding.

Preamble.

Articles of
agreement

AN ACT TO RATIFY AND CONFIRM CONVENTIONAL ARTICLES OF
AGREEMENT BETWEEN THIS STATE AND THE STATE OF SOUTH
CAROLINA.

(Passed in the year 1808.)

Whereas the states of North Carolina and South Carolina, by
their respective commissioners, duly authorized for that purpose,
did on the eleventh day of July, one thousand eight hundred and
eight, at Columbia, in the state of South Carolina, enter into
articles of conventional agreement as follow :

Art. 1. The line beginning at a cedar stake on the Atlantic
Ocean, and running thence northwest and west to a point at the
Salisbury road, near the Catawba lands, as described in the plans
of survey begun in one thousand seven hundred and thirtyfive,
and ended in one thousand seven hundred and fortysix, shall
be and remain the same in its whole extent, as heretofore es-
tablished.

BOUNDARY OF THE STATE.

85

Art. 2. From which point at the Salisbury road, mentioned
in the preceding article, instead of following the road to where
it enters the Catawba lands, as at present, which road is liable
to change and uncertainty, a line shall be run and marked in a
direct course to the southeast corner of the said Catawba lands
at Twelve Mile Creek, which line is hereby established in lieu
of the said road ; thence along the line of the said Catawba
lands, pursuing its different courses to where the Catawba river
enters the said lands on the north, thence with the middle stream
of that river northwardly to the confluence of the northern and
southern branches thereof, and from thence due west along the
line as run and marked by commissioners in the year seventeen
hundred and seventytwo, to the termination of the said line.

Art. 3. And from the termination of the said line of one
thousand seven hundred and seventytwo, a line shall be extended
in a direct course to that point in the ridge of mountains which
divides the eastern from the western waters, where the thirty-
fifth degree of north latitude shall be found to strike it nearest
the termination of said line of one thousand seven hundred and
seventytwo, thence along the top of said ridge to the western
extremity of the state of South Carolina. It being understood
that the said state of South Carolina does not mean by this ar-
rangement to interfere with claims which the United States, or
those holding under the act of cession to the United States,
may have to lands which may lie, if any there be, between the
top of the said ridge and the said thirtyfifth degree of north
latitude.

Art. 4. The contracting parties, for their mutual benefit and
convenience, agree to adopt and confirm the lines of boundary
as prescribed in the preceding articles, and to renounce respec-
tively to each other every right, claim and pretension which may
be inconsistent with the true meaning and purpose of this agree-
ment, which is to establish between the states of South Caro-
lina and North Carolina a permanent and unalterable boundary :
Provided, nevertheless, that in case at any time this agreement
shall be contested or not conformed to after the ratification of
it by the legislatures of said states, all the rights, claims and
pretensions herein intended to be renounced and conveyed, and
all other rights and claims in relation thereto, shall revive and
exist in the same force and effect as they did before the sign-
ing of these presents, in favor of the state which shall conform
thereto.

In order, therefore, that the said conventional agreement may
be carried into complete effect,

Be it enacted, fyc. That the said conventional agreement, and Ratified and
all and every clause and article thereof, be, and the same are confirmed-
hereby fully ratified and confirmed.

86

BOUNDARY OF THE STATE.

AN ACT CONCERNING THE BOUNDARY BETWEEN THIS STATE AND
THE STATE OF SOUTH CAROLINA.

(Passed in the year 1813.)

Preamble. Whereas commissioners duly appointed and authorized on the

part of this State, and commissioners appointed and authorized in
like manner on the part of the State of South Carolina, did meet
on the 20th of July last, near the termination of the line of 1772,
in pursuance of an arrangement made by the governors of the two
states, for the purpose of carrying into effect, the articles of a
conventional agreement entered into at Columbia on the 11th day
of July, in the year 1808, and subsequently ratified by the legis-
latures of the said states respectively : And whereas the said com-
missioners, in various conferences on the matters committed to
them, having on each part maintained different opinions, as to the
practicability of fixing a boundary line, according to the true intent
and meaning of the third article of the said conventional agreement ;
and not being able to agree thereon, did on the 4th day of Sep-
tember last, by an instrument under their hands and seals, agree
to recommend to the legislatures of their states respectively, the
following as a substitute for the said third article of the conven-
tional agreement, viz.

A provisional article of agreement, entered into between the
commissioners of the State of North Carolina and the commission-
ers of the State of South Carolina, at M'Kinney's, on Toxaway
river, on the fourth day of September, in the year of our Lord,
one thousand eight hundred and thirteen :
Articled Whereas the undersigned, John Steele, Montfort Stokes, and

tereTtoto 'by"" Robert Burton, on the part of North Carolina, and Joseph Blythe,
the commis- Henry Middleton and John Blasingame, on the part of the State
North and of South Carolina, duly appointed commissioners by their respec-
South Carolina, tive states, to carry into effect a conventional agreement on bound-
ary, signed at Columbia, in the state of South Carolina, on the
11th day of July, 1808, did meet on the 20th day of July last,
near the termination of the line of 1772, and have continued their
meetings by several adjournments to this present date ; and where-
as the said conventional agreement, by the third article thereof,
provides that from the termination of the line of 1772, a line shall
be extended in a direct course to that point in the ridge of moun-
tains which divides the eastern from the western waters, where
the 35th degree of north latitude shall be found to strike it, near-
est to the termination of the said line of 1772 ; thence along the
top of said ridge to the western extremity of the State of South
Carolina. The commissioners above named, after ascertaining
from the observations and reports of the astronomers accompany-
ing them the 35th degree of north latitude at several points, and
lastly on the eastern bank of Chatooga river, and after conferring
fully on the matters committed to them, perceiving real difficul-
ties to exist in the execution, and having on each part maintained
different opinions as to the practicability of fixing on a boundary

BOUNDARY OF THE STATE. 87

line according to the true intent and meaning of the said article :
Considering nevertheless that it is essential to the interests and
convenience of both states that a line of separation and limits
should be ascertained and established with as little delay as possi-
ble, the said commissioners have agreed and do hereby agree to
recommend to the legislatures of their states respectively, the fol-
lowing article as a substitute for the said article of the convention-
al agreement, which substitute when ratified by the legislatures of
the said states shall be to all intents and purposes binding and con-
clusive and not before ; viz : From the termination of the line of
1772 a line shall be extended due west to the ridge dividing the
waters of the north fork of Pacolet river from the waters of the
north fork of Saluda river ; thence along the said ridge to the
ridge that divides the Saluda waters from those of Green river ;
thence along the said ridge to wrhere the same joins the main ridge
which divides the eastern from the western waters, and thence
along the said ridge to that part of it which is intersected by the
Cherokee boundary line run in the year 1797 ; from the centre of
the said ridge at the point of intersection the line shall extend in a
direct course to the eastern bank of Chatooga river, where the 35th
degree of north latitude has been found to strike it, and where a
rock has been marked by the aforesaid commissioners with the
following inscription, viz. lat. 35°, 1813. It being understood
and agreed, that the said lines shall be so run as to leave all the
waters of Saluda river within the state of South Carolina ; but
shall in no part run north of a course due west from the termina-
tion of the line of 1772.

In order therefore, that the aforesaid provisional article of agree-
ment may be carried into full and complete effect,

Be it enacted, fyc, That the said provisional article of agree- Article ratified,
ment, be, and the same is hereby fully ratified and confirmed.

AN ACT TO APPOINT COMMISSIONERS TO RUN THE BOUNDARY
LINE BETWEEN THIS STATE AND SOUTH CAROLINA.

(Passed in the year 1814.)

Whereas the provisional article of agreement entered into be-
tween the commissioners of the State of North Carolina, and the
commissioners of the State of South Carolina, at M 'Kinney's, on
Toxaway river, on the fourth day of September, in the year one
thousand eight hundred and thirteen, hath been ratified by the
legislatures of the States of North Carolina and South Carolina
respectively, and it is necessary that the line established by said
provisional article should be run and marked.

Be it enacted, fyc. That General Thomas Love, General Mont- Cci

fort Stokes and Colonel John Patton be, and the same are hereby appointed to
appointed commissioners on the part of this State, to meet such run the Une-
commissioners as may be appointed by the State of South Caro-

^ommissioners

88 BOUNDARY OF THE STATE.

lina, to run and mark said line, agreeably to said provisional article ,
and the said commissioners shall have power to employ one or
more surveyors and chain carriers ; and the said commissioners,
surveyors and chain carriers shall receive the same compensation
for their services as those who have already been employed in
running the boundary line between this State and South Carolina.

AN ACT TO RATIFY AND CARRY INTO EFFECT AN AGREEMENT
RELATIVE TO THE BOUNDARY LINE BETWEEN THIS STATE AND
THE STATE OF SOUTH CAROLINA ENTERED INTO BY THE COM-
MISSIONERS OF THE SAID STATES RESPECTIVELY ON THE SEC-
OND DAY OF NOVEMBER, A. D. EIGHTEEN HUNDRED AND FIFTEEN,
AND TO ESTABLISH AND CONFIRM THE SAID BOUNDARY LINE AS
SURVEYED, MARKED AND AGREED UPON BY THE SAID COMMIS-
SIONERS.

(Passed in the year 1815.)

Whereas Thomas Love, Montfort Stokes and John Patton,
Preamble. commissioners duly appointed and authorized on the part of the
State of North Carolina : and Joseph Blythe, John Blassengame
and George W. Earle, commissioners duly appointed and author-
ized on the part of the State of South Carolina, to run and mark
the boundary line between the said states agreeably to a provisional
article of agreement entered into between the said states by their
respective commissioners, at M'Kinney's on Toxaway river, on
the fourth day of September, one thousand eight hundred and
thirteen, did meet on the eleventh day of September, one thousand
eight hundred and fifteen, near the termination of the line of one
thousand seven hundred and seventytwo, and proceed to run and
mark the said boundary line agreeably to the terms of the said
provisional article : And whereas the said commissioners having
ascertained by observation and by actual experiments that a course
due west from the termination of the line of seventeen hundred
and seventytwo would not strike the point of the ridge dividing
the waters of the north fork of Pacolet river, from the waters of
the north fork of Saluda river, in the manner contemplated by the
commissioners who entered into the said provisional article of
agreement on behalf of the said states, and finding also that run-
ning a line on the top of the said ridge so as to leave all the wa-
ters of Saluda river within the state of South Carolina, would, (in
one place) run a little north of a course due west from the termi-
nation of the said line of seventeen hundred and seventytwo, and
that consequently the said provisional article of agreement could
not be strictly and literally carried into effect : and whereas the
aforesaid commissioners for the purpose of having a natural boun-
dary as far as the Cherokee boundary line, run in the year seven-
teen hundred and ninetyseven, did agree that the boundary line
between the said states should be run on the ridge around the head
springs of the north fork of Saluda river ; and did run and mark

BOUNDARY OF THE STATE.

89

the said boundary line in pursuance of such agreement, and have
unanimously recommended that the same be established by the
legislatures of the respective states as the line intended by the pro-
visional article aforesaid, and as the permanent line of separation
and limits between the said states.

1. Be it therefore enacted, fyc. That the boundary line so rati ^^ Jj^^
and marked by the commissioners aforesaid and described in their line between
joint report and chart of survey submitted to the legislatures of their south Carolina,
respective states, that is to say ; beginning at a stone set up at

the termination of the line of seventeen hundred and seventytwo
and marked " N. C. and S. C. September fifteenth, one thousand
eight hundred and fifteen," running thence west four miles and
ninety poles to a stone marked N. C. and S. C. thence south
twentyfive degrees, west one hundred and eighteen poles to the top
of the ridge dividing the waters of the north fork of Pacolet river
from the waters of the north fork of the Saluda river, thence along
the various courses of the said ridge (agreeably to the plat and sur-
vey signed by the commissioners and surveyors of both states) to
the ridge that divides the Saluda waters from those of Green river,
thence along the various courses of the said ridge agreeably to the
said plat and survey to a stone set up where the said ridge joins the
main ridge which divides the eastern from the western waters and
which stone is marked N. C. and S. C. September twentyeighth,
one thousand eight hundred and fifteen, thence along the various
courses of the said ridge agreeably to the said plat and survey to
a stone set up on that part of it which is intersected by the Cher-
okee boundary line run in the year one thousand seven hundred
and ninetyseven, and which stone is marked N. C. and S. C. one
thousand eight hundred and thirteen : and from the said last men-
tioned stone on the top of the said ridge at the point of intersec-
tion aforesaid a direct line south sixtyeight and onefourth degrees
west, twenty miles and eleven poles to the thirtyfifth degree of
north latitude at the rock in the east bank of the Chatooga river,
marked lat. thirty five, A. D. one thousand eight hundred and thir-
teen, in all a distance of seventyfour miles and one hundred and
eightynine poles, be, and the same is hereby established as the
boundary line between this State and the state of South Carolina,
from the termination of the said line of one thousand seven hun-
dred and seventytwo to the rock in the east bank of the Chatooga
river marked lat. thirtyfive, A. D. one thousand eight hundred and
thirteen, and that the agreement entered into by the commissioners
aforesaid respecting the said boundary line, be and the same is
hereby ratified and confirmed.

2. And be it further enacted. That the joint report of the said Secretary of

• • ■« ■ St3.t6 TQQ UirGQ.

commissioners submitted to this legislature, and all other conven- to record the
tions and agreements entered into between the said states respect- agreements,
ing the boundary line between the said states, and the reports of the
several commissioners heretofore appointed on behalf of this State to
conclude such conventions and agreements, shall be recorded by
the secretary of state in a well bound book, in the order in which
such conventions, agreements and reports have been severally made,
vol. ir. 12

90 BOUNDARY OF THE STATE.

and that the secretary of state be allowed for this service such sum
as his excellency the governor shall deem the same to be reasona-
bly worth, to be paid by the treasurer upon a warrant from the
governor.

WITH GEORGIA.

(An Act passed in the year 1807.)

Preamble. Whereas the States of Georgia and North C arolina, by their

respective commissioners duly authorized for that purpose, did, on
the eighteenth day of June, in the year of our Lord one thousand
eight hundred and seven, at Buncombe courthouse, enter into arti-
cles of conventional agreement, as follow :
Articles of con- Art. 1. It is mutually agreed and admitted, the territories
agreement °f tne sa^ States of Georgia and North Carolina, as far as they
adjoin each other, are, and of right ought to be, separated and
bounded by the thirtyfifth degree of north latitude ; and for the
purpose of preventing in future all manner of dissensions concern-
ing jurisdiction, the underwritten commissioners will proceed forth-
with to ascertain the said thirtyfifth degree of north latitude, and
to run and mark the line accordingly ; which line, when ascertained
and completed, with joint concurrence, shall forever after be re-
garded as the line of separation and boundary between the two states.
Art. 2. The commissioners on the part of Georgia do not
consider their powers competent to enter into any stipulations which
would bind the government of the said state to confirm entries or
grants for land heretofore made or obtained under the authority of
the State of North Carolina, which land, on the running of the
line, may be found to be within the State of Georgia ; but, im-
pressed with the justice of a certain proportion of the said claims,
and the peculiar circumstances which entitle them to consideration,
the said commissioners promise and agree to recommend them in
a special manner to the liberality of the government, not doubting
but that the legislature thereof will, by law, provide for the con-
firmation and establishment of the said titles, in a manner which
will afford a satisfactory and adequate relief. And to this end, the
said commissioners will recommend the establishment of an impar-
tial tribunal for the special purpose of inquiring into and ascertain-
ing the various descriptions of such claims, and of determining on
each according to their respective merits, and as reason and equity
may require ; which tribunal the said commissioners will also re-
commend to be composed of three persons to be appointed and paid
by each state ; but they shall convene and hold their meetings in
the state of Georgia, and their decisions shall be conclusive.

Art. 3. There having been great dissensions between the peo-
ple resident in the neighboring counties of Buncombe and Walton,

BOUNDARY OF THE STATE.

91

and the said dissensions having produced many riots, routs, affrays,
assaults, batteries, trespasses, woundings and imprisonments, as
well on the one side as on the other, and it being of primary im-
portance that peace and tranquillity should be restored, and all ani-
mosity and ill-will forever buried between the people, who, from
their local situations, will, in all probability, be constrained to con-
tinue in the vicinity of each other ; and as the several outrages
committed on both sides proceeded more (as the undersigned
are impressed) from a mistaken zeal to support the government
to which they thought themselves constitutionally bound, than
from a wish to iniure their neighbors or disturb the public peace, _ , . .

, , . , J !-i Pardon of of-

tne undersigned agree to recommend, in the most earnest manner, fences in Bun-
to the legislatures of their respective states, to pass laws of am- combe recom-
nesty, forgiveness and oblivion for all such offences, (under the
degree of capital) as may have been committed within the said
counties of Buncombe and Walton respectively, subsequent to the
tenth day of December, in the year 1803, and which shall have
arisen from, and had relation to the disputes which existed con-
cerning the jurisdictions of the two states.

And whereas the said commissioners, with like authority, did, Supplementary
on the 27th day of June, in the year aforesaid, at Douthard's Gap, conven lon-
enter into articles in addition and supplementary to the convention
agreed on between the commissioners of Georgia and North Car-
olina, at Buncombe court house, on the eighteenth day of June,
in the year aforesaid, which articles are as follow :

The commissioners of the states of Georgia and North Caro- Concerning the
lina having discovered, by repeated astronomical observations gree of north
made on the Blue Ridge, and elsewhere, that the thirty-fifth degree latitude.
of north latitude is not to be found on any part of said ridge of
mountains, east of the line established by the general government,
as the temporary boundary between the white people and the
Indians ; and having no authority to proceed over that boundary
for the purpose of ascertaining the said thirtyfifth degree of north
latitude, and of running and marking the line accordingly, and
being desirous that all causes of collision and irritation between
the jurisdictions and people of the two states may be effectually
and completely prevented, have agreed to the following articles,
in addition and supplementary to the convention agreed to at
Buncombe court house, on the eighteenth day of the present
month, viz. :

Art. 1. The commissioners of Georgia, for and on the part ^e"115810^ by
of their state, acknowledge and admit, which acknowledgment sioners of
and admission are founded on the aforesaid astronomical obser- Georgia-
vations, that the state of Georgia hath no claim to the soil or
jurisdiction of any part of the territory north or west of the ridge
of mountains which divides the eastern from the western waters,
commonly called the Blue Ridge, and east or south of the present
temporary boundary line between the white people and the In-
dians ; and that they will consequently recommend to the legisla-
ture of the state of Georgia to repeal, at their next ensuing

92

BOUNDARY OF THE STATE.

clemency.

session, the act to establish the county of Walton, and to abrogate
and annul all executive and ministerial or other proceedings for the
organization thereof.
Commissioners Art. 2. The commissioners on the part of the state of North
ofnSpJomise" Carolina>. promise and agree to recommend to their government,
to recommend arjd particularly to the magistrates, sheriffs and other officers,
conceSpen- civil and mil!ta]T> in the county of Buncombe, to execute the
alties in the laws concerning forfeitures and penalties, and in any other respect
combe b°efe?Un"where the state may be concerned, (under the degree of felony,)
ecuted with upon and towards the people who have adhered to the state of
Georgia in the late dissensions concerning jurisdiction, with mild-
ness and clemency ; and if the said officers can do it consistently
with their obligations of official duty, that they forbear to institute
suits, and to distrain or execute for forfeitures and penalties
incurred as aforesaid, between the tenth day of December, in the
year eighteen hundred and three, (1803,) and the date of this
agreement, until the sense of the legislature shall be had and known
thereon.

In order, therefore, that said conventional agreement, and the
articles, additional and supplemental thereto, may be carried into
full and complete effect :

Be it enacted, $c. That the said conventional agreement, and
the articles in addition and supplementary thereto, and all and
every article and clause thereof, be and the same are hereby fully
ratified and confirmed.

The conven-
tions confirm-
ed.

The line as
agreed to be
run in 1807.

AN ACT TO CONFIRM THE BOUNDARY LINE BETWEEN THIS STATE
AND THE STATE OF GEORGIA SO FAR AS THE SAME HAS BEEN
RUN.

(Passed in the year 1819.)

Whereas the states of Georgia and North Carolina, by their
respective commissioners, duly authorized for that purpose, have
run and marked in part, the boundary line between the said states,
m conformity with articles of conventional agreement made and
concluded by and between the said states, by their respective
commissioners, at Buncombe court house, on the eighteenth of
June, one thousand eight hundred and seven : And whereas the
said first mentioned commissioners have reported the running and
marking said boundary line as follows : — To commence at Elli-
cott's rock, and run due west on the thirtyfifth degree of north
latitude, and marked as follows : the trees on each side of the line
with three chops, the fore and aft trees with a blaze on the east
and west side, the mile trees with the number of miles from Elli-
cott's rock, on the east side of the tree, and a cross on the east
and west side ; whereupon the line was commenced under the
superintendence of the undersigned commissioners jointly : Tim-
othy Tyrrel, Esquire, surveyor on the part of the commissioners

BOUNDARY OF THE STATE. 93

of the state of Georgia, and Robert Love, Esquire, surveyor on
the part of the commissioners of the state of North Carolina —
upon which latitude the undersigned caused the line to be extend- As run m 1819#
ed just thirty miles due west, marking and measuring as above
described, in a conspicuous manner throughout ; in addition there-
to, they caused at the end of the first eleven miles after first
crossing the Blue riclge, a rock to be set up descriptive of the
line, engraved thereon upon the north side, September 25th,
1819, N. C. and upon the south side, 35 degree N. L. G. ; then
after crossing the river Cowee or Tennessee, at the end of six-
teen miles, near the road, running up and down the said river, a
locust post marked thus, on the south side, Ga. October 14,
1819 ; and on the north side, 35 degree N. L. N. C, and then
at the end of twentyone miles and three quarters, the second
crossing of the Blue ridge, a rock engraved on the north side, 35
degree N. L. N. C. and on the south side, Ga. 12th Oct. 1819 ;
then on the rock at the end of the thirty miles, engraved thereon,
upon the north side, N. C. N. L. 35 degree G. which stands
on the north side of a mountain, the waters of which fall into
Shooting creek, a branch of the Highwasse, due north of the
eastern point of the boundary line, between the states of Georgia
and Tennessee, commonly called Montgomery's line, just six
hundred and sixtyone yards.

1. Be it enacted, fyc. That the said boundary line, as described Confirmed.
in the said report, be, and the same is hereby fully established,
ratified and confirmed forever, as the boundary line between the

states of North Carolina and Georgia.

2. And be it further enacted, fyc. That this act shall be in force
from and after the passing thereof.

WITH TENNESSEE.

(See Act of Cession, passed in the year 1789, under the head of "Cession Acts,"
volume II.)

AN ACT FOR APPOINTING COMMISSIONERS TO SETTLE THE BOUN-
DARY LINE BETWEEN THIS STATE AND THE STATE OF TEN-
NESSEE.

(Passed in the year 1796.)

Whereas it is necessary to prevent disputes between this State
and its citizens, that the boundary line between this State and the
State of Tennessee should be accurately and distinctly marked
out and permanently established :

1. Be it therefore enacted, #c, That Joseph M'Dowell, Mus- Commissioners
sendine Matthews and David Vance be, and they are hereby ap- appointed to
pointed commissioners, to meet the commissioners who are or may dar^wkhTcn-
be hereafter appointed by the State of Tennessee, at such time and nessee, &c.
place as shall by the said commissioners, or a majority of them,
be agreed on ; and with them to settle all and every difference,

94

BOUNDARY OF THE STATE.

controvery, dispute and claim that may subsist or arise between
this State and the State of Tennessee with respect to the bounda-
ries ; and to fix and permanently establish the boundary line be-
tween the two states, and the same to mark and ascertain, as dis-
tinctly as possible, agreeable to the true intent and meaning of said
boundary between this State and the State of Tennessee, as de-
scribed in an act, entitled, " An act for the purpose of ceding to the
United States of America certain western lands therein described."
And the commissioners on the part of this State shall cause an
accurate plat or plan of the said boundary line to be made, speci-
fying the courses, distances, natural and artificial marks, and return
the same to the next General Assembly, to be preserved among
the archives of the State. Provided, nevertheless, that the ascer-
tainment of said line shall not affect the titles of any person to lands
entered in either of the said states. And this State will at all times
hereafter ratify and confirm all and whatever the said commissioners,
or a majority of them, shall do in and touching the premises, and
the same shall be binding on this State.

(The second section relates to the compensation of the commissioners and others em-
ployed.)

3. Be it further enacted, That in case of death, refusal to act,
commissioners or resignation of any of the commissioners hereby appointed, the
how supplied, governor is hereby authorized and required, as speedily as may be,

to appoint another commissioner or commissioners for the purposes
aforesaid.

4. Be it further enacted, That the governor for the time being,
shall as soon as may be in his power after the ratification of this act,
transmit a copy thereof to the governor or executive of the State of
Tennessee, accompanied with a letter of request, that the State of
Tennessee may immediately proceed to take such measures as may
be necessary to effect the appointment of commissioners on their
part, to act jointly with those appointed by this act. But if it shall
so happen, that the State of Tennessee shall fail to appoint com-
missioners to act as aforesaid, in adjusting amicably the boundary
line of the two states ; or if commissioners appointed on the part
of the State of Tennessee shall fail, or refuse to act with the com-
missioners herein appointed for effecting the purposes of this act,
the commissioners herein and hereby appointed, are authorized,
empowered and required, singly and by themselves, to proceed to
take all and singular such measures, as under the laws and constitu-
tion of this State, and the laws and constitution of the United States,
may be taken or had for effecting the purposes intended and had in
view by this act.

Vacancy of

Governor to no
tify the exec-
utive of Ten-
nessee, &c.

Preamble.

AN ACT MAKING PROVISION FOR RUNNING THE BOUNDARY LINE
BETWEEN THIS STATE AND THE STATE OF TENNESSEE.

(Passed in the year 1819.)

Whereas it is essential to the interest of this State in the disposal
of the lands lately acquired by the treaty from the Indians, and to
the continuance of the good understanding now happily subsisting

BOUNDARY OF THE STATE. 95

between this State and the State of Tennessee, that the boundary
line between the two states should be accurately run, distinctly
marked, and permanently established.

1. Be it enacted, &c. That the governor shall, and he is hereby Governor to

, . , . J , .° . , . J appoint three

authorized to appoint three commissioners to meet the commis- commissioners,
sioners who may be appointed by the state of Tennessee, at such jj° run tlie lme>
time and place as may by the said commissioners, or by a majority
of those representing the respective states, be agreed on, and with
them to settle, run and mark the boundary line between this State
and the state of Tennessee, agreeably to the true intent and mean-
ing of the act of the General Assembly of this State, entitled " An
act for the purpose of ceding to the United States of America
certain western lands therein described."

2. Be it further enacted, That the governor, as soon as may be Notice to be
after the passing of this act, shall give notice thereof to the gov- fj^jJo^of
ernor of the state of Tennessee, and shall request the appointment Tennessee.
of commissioners on the part of the said state, to act with those ap-
pointed by this State in ascertaining, running and marking the
boundary line between the two states ; and this State will at all

times hereafter, ratify and confirm all and whatsoever the said com-
missioners, or a majority of those of each state shall do, in and
touching the premises, and the same shall be binding on this
State.

3. Be it further enacted, That if it shall so happen that com- If no commis-
missioners shall not be appointed by the state of Tennessee, to j^ssee* then the
act with the commissioners of this State in amicably ascertaining commissioners
and marking the boundary line between the states ; or if it shall ^lLatoruif fhe
happen that the commissioners appointed by the state of Tennessee line and how.
shall refuse to act with the commissioners on the part of this State,

the commissioners on the part of this State are hereby authorized
and required to proceed in running and marking said line from the
Smoky mountain, where the line terminated which was run the
year one thousand seven hundred and ninetynine, under the direc-
tion oi Joseph M'Dowell, Mussendine Matthews, and David
Vance, commissioners appointed by the act of the General Assem-
bly of this State, passed in the year one thousand seven hundred
and ninetysix, for running and marking said line to the thirtyfifth
degree of north latitude, according to the courses designated in
the act of seventeen hundred and eightynine, entitled " An act
for the purpose of ceding to the United States of America, certain
western lands therein described." And the commissioners on the
part of this State shall cause an accurate plan of said boundary line
to be made, specifying the courses, distances, natural and artificial
marks thereof, and return the same to the General Assembly of this
State.

4. Be it further enacted, That in case of the death, refusal to Governor to fill
act, or resignation of any of the commissioners hereby appointed, vacancy-

the governor is hereby authorized and required, as speedily as
may be, to appoint another commissioner or commissioners in the
place of such as may have died, resigned or refused to act.

(Sections 5 and 6 relate to the compensation of the commissioners and others em-
ployed )

96

Preamble.

BOUNDARY OF THE STATE.

AN ACT TO CONFIRM THE BOUNDARY LINE BETWEEN THIS STATE
AND THE STATE OF TENNESSEE, AND FOR OTHER PURPOSES.

(Passed in the year 1821.)

1. Whereas the states of Tennessee and North Carolina, by
their respective commissioners duly authorized for that purpose,
have run and marked the boundary line between the said states,
in conformity with their several instructions, and being legally
authorized by the states to which they respectively belong ; be-
ginning where M'Dowell, Vance and Matthews terminated their
line between the two states in the year one thousand seven hundred
and ninetynine, and agreeably to the act of the General Assembly,
entitled " An act for the purpose of ceding to the United States of
America certain western lands therein described," passed in one
thousand seven hundred and eightynine ; and in the eleventh article,
called the Declaration of Rights, of the constitution of the state of
Tennessee ; which said dividing line, as run by the respective com-
missioners, beginning at a stone set up on the north side of the
Catalouche turnpike road, and marked on the east side, N. C. one
thousand eight hundred and twentyone, and on the west side Ten.
one thousand eight hundred and twentyone ; running thence a south
westwardly course to the Bald rock, on the summit of the great
Iron or Smokey mountain, and continuing southwestwardly on the
extreme height thereof to where it strikes Tennessee river, about
seven miles above the old Indian town Tellassee, crossing Porter's
Gap at the distance of twentytwo miles from the beginning, passing
Meigs's boundary line at thirtyone and a half miles, the Equinottey
Path at fiftythree miles, and crossing Tennessee river at the dis-
tance of sixtyfive miles from the beginning, from Tennessee river
to the main ridge, and along the extreme height of the same to the
place where it is called Unacay or Unaka mountain, striking the
old trading path leading from the valley towns to the overhill towns,
near the head of the west fork of Tellico river, and at the distance
of ninetythree miles from the beginning ; thence along the extreme
height of the Unacay or Unaka mountain to the southwest end
thereof at the Unacay or Unaka turnpike road, where a corner
stone is set up, marked N. C. on the east side, and Ten. on the
west side, and where a hickory tree is also marked on the north
side N. C. 101 m. and the south side Ten. 101 m. being one hun-
dred and one miles from the beginning ; from thence a due course
south, two miles and two hundred and fiftytwo poles, to a spruce
pine on the north bank of Highwassee river, below the mouth of
Cane creek ; thence up the said river the same course about one
mile, and crossing the same to a maple marked W. D. and R. A.
on the south bank of the river ; thence continuing the same course
due south eleven miles and two hundred and seventythree poles
to the southern boundary line of the states of North Carolina and
Tennessee, making in all one hundred and sixteen miles and two
hundred and twenty poles from the beginning ; and striking the
southern boundary line twentythree poles west of a tree in said

BOUNDARIES OF COUNTIES.

97

line marked 72 m. to a square on the east side N. C. 1821, on
the west side Ten. 1821, and on the south side G. The whole
distinctly marked with two chops and a blaze on each fore and aft
tree, and three chops on each side line tree, and mile marked at
the end of each mile ; which line was run under the joint super-
intendence of commissioners appointed by the states of North
Carolina and Tennessee, and a surveyor on the part of the com-
missioners of each state aforesaid.

2. Be it enacted, tyc. That said boundary line, as described in Boundary line
the foregoing preamble, be, and the same is hereby fully estab-esa
lished, ratified and confirmed as the boundary line between the

states of North Carolina and Tennessee forever.

3. Be it enacted, That a line run and known by the name of{J2»g™J«j£B
Montgomery's line, beginning six hundred and sixtyone yards due boundary be-
south of the termination of the line run by commissioners on the J^f-^0^
part of this State and the state of Georgia, in the year one thou- Georgia,
sand eight hundred and nineteen, ending on a creek near the

waters of Shooting creek waters of the Highwassee, then along
Montgomery's line till it strikes the line run by commissioners on
the part of North Carolina and Tennessee, in one thousand eight
hundred and twentyone, to a square post marked on the east side
N. C. 1821, on the west side Ten. 1821, and on the south side
G. be, and the same is hereby declared to be the boundary line
between this State and the state of Georgia, so soon as the above
line shall be ratified on the part of the state of Georgia, and the
executive of this State officially informed thereof, then, the above
line shall be and forever remain the dividing line between the two
states of North Carolina and Georgia : any law to the contrary
notwithstanding.

BOUNDARIES OF COUNTIES.

ANSON.

AN ACT FOR ERECTING THE UPPER PART OF BLADEN COUNTY
INTO A COUNTY AND PARISH, BY THE NAME OF ANSON COUNTY,
AND ST. GEORGE'S PARISH; AND FOR APPOINTING A PLACE FOR
BUILDING A COURT HOUSE, PRISON, AND STOCKS, IN THE SAID
COUNTY.

(Passed in the year 1749.)

1. We pray that it may be enacted, And be it enacted, by His
Excellency Gabriel Johnston, Esquire, Governor, by and ivith
the advice and consent of His Majesty's Council, and the General

VOL. II. 13

98 BOUNDARIES OF COUNTIES.

Assembly of this province, and by the authority of the same,
Division of the That Bladen county be divided by a line, beginning at the place
county. where the south line of this province crosseth the westernmost

branch of Little Pee-Dee river, then by a strait line to a place
where the commissioners for running the southern boundary of this
province crossed that branch of Little Pee-Dee river, called
Drowning creek, thence up that branch to the head thereof ; then
by a line, to run, as near as may be, equidistant, from Saxpahaw
river, and Great Pee-Dee river ; and that the upper part of the said
Anson county county and parish so laid off and divided, be erected into a
erected. county and parish, by the name of Anson county, and St. George's

parish, and that all the inhabitants to the westward of the afore-
mentioned dividing line, shall belong and appertain to Anson
county : And that the said county and parish shall enjoy all and
every the privileges, which any other county or parish in this
province holds or enjoys.

(See Bladen, Rowan, Mecklenburg, Montgomery and Richmond.)

ASHE.

AN ACT FOR THE DIVISION OF WILKES AND TYRRELL COUNTIES.

(Passed in the year 1799.)

Whereas the great extent of the county of Wilkes, renders the
attendance of many of the inhabitants thereof at courts and other
public meetings, expensive, inconvenient and oftentimes imprac-
ticable : For remedy whereof,
Ashe estab- 1- Be it enacted, tyc. That all that part of the county of Wilkes

lished. lying west of the extreme height of the Apalachian mountains,

shall be, and the same is hereby erected into a separate and dis-
tinct county by the name of Ashe.

AN ACT TO ESTABLISH PERMANENTLY THE DIVIDING LINE BE-
TWEEN THE COUNTIES OF BURKE AND ASHE.

(Passed in the year 1814.)

Dividing line Be it enacted, 4"C. That the following boundaries, to wit : be-
andVAsheBurke ginning at the Yadkin spring, thence along the extreme height of
the Blue ridge, to the head spring of Flat-top fork of Elk
creek, thence down the meanders of said creek to the Ten-
nessee state line, shall be and the same is hereby declared the
permanent dividing line between the counties of Burke and
Ashe.

BOUNDARIES OF COUNTIES.

AN ACT TO ANNEX PART OF WILKES COUNTY TO THE COUNTY

OF ASHE.

(Passed in the year 1S35 )

1. Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That all that part of the county of Wilkes, lying north and north-
west of a line to be drawn from the extreme height of a Nob call-
ed Dockery Nob, running so as to include all the inhabitants, ly-
ing north of a direct line from said Nob to a point running north-
east, so as to strike the now dividing line at five and half miles
distance from Dockery Nob, running a northeastwardly course
until it strikes the Ashe county line, be added to Ashe county.

2. Be it further enacted, That all the inhabitants lying north
of said line, shall be, and they are hereby annexed to the county
of Ashe.

3. Be it further enacted, That nothing in this act contained
shall prevent the sheriff of Wilkes, from collecting all the arrear-
ages of taxes due him as sheriff of said county.

4. Be it further enacted, That if any difficulties should arise
as to the boundary according to this act, that the county court of
Wilkes and Ashe are hereby required to appoint commissioners
with power and authority to run out, and mark the boundary line
as abovementioned, and all expenses and charges arising in eon-
sequence of running said line, shall be paid by the county of Ashe,
any thing to the contrary notwithstanding.

(See Wilkes.)

99

BEAUFORT.

AN ACT FOR ASCERTAINING THE BOUNDARY LINE BETWEEN
TYRRELL AND BEAUFORT COUNTIES, AND BETWEEN EDGCOMB
COUNTY, AND TYRRELL AND BEAUFORT COUNTIES.

(Passed in the year 1741.)

1 . We pray that it may be enacted, And be it enacted by His
Excellency Gabriel Johnstson, Esq. Governor, by and ivith the
advice and consent of His Majesty' 's Council, and the General As-
sembly of this province, and it is hereby enacted by the authority of
the same, That each of the county courts of Tyrrell, Edgconib Boundaries be.
and Beaufort, shall appoint one person, who shall settle and run'^™^
the boundary line between Tyrrell and Edgcomb counties, and be- and Beaufort,
tween part of Edgcomb and Beaufort counties, in manner follow-
ing : that is to say, the said commissioners shall begin at the up-
per corner tree of Jenkin Henry's line, on the south side of Ro-
anoak river, and from thence, run a direct line to the mouth of
Cheek's mill creek, on Tar river ; and the said commissioners, as

100 BOUNDARIES OF COUNTIES.

soon as the said line is finished, shall, under their hands, return
the courses thereof into each of the courts of the aforesaid coun-
ties, which shall be recorded by the clerks of the said several
courts ; and the said line so run, shall, forever after, be deemed
the boundary line between Tyrrell and Edgcomb., counties, and be-
tween Edgcomb and Beaufort counties, from Tyrrell county as
far as Tar river.
Bi]tWednRTyr" ^" ^n^ ^e *' farther enacted by the authority aforesaid, That
fort. * the Flat swamp which, heretofore, was the boundary of Albemarle

and Bath counties, shall, to the head of the said swamp, and from
the head thereof, by a direct line to the aforesaid line between
Tyrrell and Edgcomb counties, forever, be the boundary line be-
tween Tyrrell and Beaufort counties.

AN ACT TO APPOINT COMMISSIONERS TO CONTINUE RUNNING
THE BOUNDARY LINE BETWEEN EDGCOMB COUNTY, TYRRELL
AND PART OF BEAUFORT COUNTIES.

(Passed in the year 1748.)

1. Whereas the commissioners, appointed by an act, entitled,
An act for ascertaining the boundary line between Tyrrell county
and Beaufort county, and between Edgcomb county, and Tyrrell
■county, and Beaufort county, have run a dividing line between
Edgcomb county, and Tyrrell county, and part of Beaufort coun-
ty, and Edgcomb county, from Roanoak river, as far as the mouth
of Cheek's mill creek, on Tar river, in Beaufort county; and
whereas the tax laid and collected in the said several counties, for
defraying the charge of running the said boundary lines, is found
insufficient for carrying on the same :

2. We therefore pray it may be enacted, And be it enacted,
by His Excellency Gabriel Johnston, Esq. Governor, by and with
the advice and consent of His Majesty' 's Council, and General As-
sembly of this province, and it is hereby enacted by the authority of
the same, That Mr Joseph Howell and Mr Joseph Lane, be and

appointed.011618 are nereDy appointed commissioners, for finishing the said line be-
tween part of Edgcomb, Beaufort, and Johnston counties, already
begun and carried on, to the mouth of Cheek's mill creek, in
Beaufort county, on Tar river, and from thence shall run, with a
straight line to Contentnee, at the mouth of Tosneat swamp, and
thence up the main stream of Contentnee, opposite to the mouth
of Cypress swamp, on Tar river ; which said line, when run by
the commissioners aforesaid, shall be by them entered on record,
in the court of Edgcomb county aforesaid, and shall hereafter be
deemed and taken to be the true bounds of the said county.

BOUNDARIES OF COUNTIES.

101

AN ACT FOR ADDING PART OF BEAUFORT TO CRAVEN COUNTY,
FOR ASCERTAINING THE DIVIDING LINE BETWEEN THE SAID
COUNTIES.

(Passed in the year 1757.)

1. Whereas the inhabitants of that part of Beaufort county,
lying between Bay river and lower Broad creek, are, by reason of
the removal of the court of the said county at a very great distance
from the same, and are often put to great hardships and fatigue in
attending their county court at such a distance ; and whereas it
would be much more convenient to the said inhabitants, if that
part of the said county of Beaufort was added to Craven county :

2. Be it therefore enacted by the Governor, Council, and Assem-
bly, and it is hereby enacted by the authority of the same, That that Part of Beau-
part of the said county of Beaufort, lying between Bay river andcraven C0Unty.
lower Broad creek as aforesaid, be from henceforth deemed, held,

and taken to the part of Craven county ; and that the inhabitants
thereof be subject and liable to the same rules, orders, and taxes,
as any other of the inhabitants of the said county of Craven now
are, or shall hereafter be, subject or liable to : any law, usage, or
custom, to the contrary, notwithstanding.

3. And whereas the bounds of the said counties of Beaufort and
Craven are very uncertain, by reason of a dividing line between
the same never being as yet properly ascertained ; Be it therefore
enacted by the authority aforesaid, That from henceforward the Bounds be-
bounds of the said counties be by Bay river, from the mouth anci Beaufort
thereof, up the main westernmost branch, to the head ; thence by ascertained.
the Flat swamp that makes from the head of the said river ; and

from the head of the said Flat swamp, by a line to be run nearly
equidistant between Tar and Neuse rivers ; and that Mr John
Hardy and Mr Joseph Bryan are hereby appointed commission-
ers for running the said line, which shall be at the expense of each
county respectively.

AN ACT FOR ANNEXING PART OF THE COUNTY OF PITT TO
BEAUFORT COUNTY.

(Passed in the year 1785.)

Whereas many of the inhabitants of the county of Pitt have
petitioned to be annexed to the county of Beaufort ;

1. Be it therefore enacted, fyc. That from and after the passing Division line.
of this act, all that part of the county of Pitt, included in
the following bounds, beginning at Craven county line, where it
crosses Creeping swamp, and running with Creeping swamp and
Checod swamp to the mouth of Round Island branch, then a di-
rect course to the mouth of Pitch Hole branch, then with the
swamp to Bear creek, then down Bear creek to Tar river, then
down the river on the north side to the mouth of Tranter's creek,
then up said creek to Martin county line, then with Martin, Beau-

102

BOUNDARIES OF COUNTIES.

fort and Craven lines to the beginning, be and the same is hereby-
annexed to and shall be and remain a part of the county of Beau-
fort.

AN ACT TO ATTACH PART OP HYDE COUNTY TO BEAUFORT
COUNTY.

(Passed in the year 1819.)

Part of Hyde ?e l* enactedi $c- That all that part of the county of Hyde,

county added which lies upon the west side of Pungo river, be, and it is hereby

added to, and made a part of the county of Beaufort.

(See Hyde, Pitt, Craven, Martin.)

to Beaufort.

BERTIE.

AN ACT APPOINTING THAT PART OF ALBEMARLE COUNTY, LYING
ON THE WEST SIDE OF CHOWAN RIVER, TO BE A PRECINCT, BY
THE NAME OF BERTIE PRECINCT.

(Passed in the year 1722.)

1. Whereas that part of Albemarle county lying on the west
side of Chowan river, being part of Chowan precinct, is now in-
inhabited almost to the utmost of the said county westward, and
by reason of the remote situation thereof, the inhabitants, which
are growing very numerous, cannot, without too great inconveni-
ency, be continued any longer as part of Chowan precinct: Where-
fore,

2. Be it enacted by His Excellency the Palatine, and the rest of
the true and absolute Lords Proprietors of the province of Carolina,
by and icith the advice and consent of the rest of the members of
the General Assembly, now met at Edenton, at Queen Anne's creek,
in Chowan precinct, for the northeast part of the said province,
and it is hereby enacted by the authority of the same, That that

Bertie precinct Part of Albemarle county lying on the west side of Chowan river,
erected. being part of Chowan precinct, bounded to the northward by the

line dividing this government from Virginia, and to the southward
by Albemarle sound, and Morattuck river, as far up as Welch's
creek, and then including both sides of the said river, and the
branches thereof, as far as the limits of this government, be, and
the same is hereby declared to be erected into a precinct, by the
name of Bertie precinct, in Albemarle county; with all and every
the rights and privileges, and other benefits and advantages what-
soever, as any other of the four precincts in Albemarle county
can or may have, use, or enjoy.

(See Northampton, Hertford.)

BOUNDARIES OF COUNTIES.

BLADEN.

103

AN ACT TO CONFIRM AND ESTABLISH THE PRECINCTS OF ONSLOW
AND BLADEN, AND FOR APPOINTING THEM DISTINCT PARISHES.

(Passed in the year 1734.)

1. Whereas by an act, entitled, An act for regulating ves-
tries in this government, and for the better inspecting vestrymen
and churchwarden's accompts of each and every parish in this
government, it is enacted, that the southern part of this province
shall be erected into a precinct, by the name of New Hanover
precinct, and bounded to the northward by the Haul-over and Lit-
tle Inlet, and to the southward by the southernmost bounds of the
province ; and as the precinct of New Hanover is now become
very populous, and the extent thereof being found too incommo-
dious to many of the inhabitants thereof, particularly those of New
river, and the upper part of the Northwest river.

(The second section relates to Onslow.)

3. And be it further enacted by the authority of the same, That Bladen precinct
the upper part of the Northwest river be erected into a precinct, erected-
by the name of Bladen precinct ; and that the said precinct be
bounded to the southward as follows, viz. beginning at the mouth
of Livingston's creek, and bounded by the said creek to the head
thereof ; and then, by a west line, to the bounds of the govern-
ment ; and that the said precinct be bounded to the northward by
Black river, as follows, viz. beginning at the mouth of the said
river, and bounded by the main river up to the fork, and that then
the westernmost branch be the bounds to the head thereof.

AN ACT FOR ALTERING THE DIVIDING LINE BETWEEN THE COUN-
TIES OF BLADEN AND CUMBERLAND.

(Passed in the year 1764.)

1. Whereas the dividing line between the counties of Bladen
and Cumberland, running northeast and southwest, is found to be
inconvenient to the inhabitants of both said counties :

2. Be it enacted by the Governor, Council, and Assembly, and by

the authority of the same, That from and after the passing of this Dividing line.
act, the dividing line between the said counties of Bladen and
Cumberland shall begin at the mouth of Rockfish, and shall run a
due east course to Black river, and from the mouth of Rockfish
creek, up the said creek to Gravely hill, and from thence a due
west course to Drowning creek ; and all the lands to the northward
of the said line shall from henceforth be deemed and held to be a
part of Cumberland county, and all the lands to the southward of

104

BOUNDARIES OP COUNTIES.

the said line shall be deemed and held to be a part of Bladen coun-
ty ; any law to the contrary notwithstanding.

(The third section appoints commissioners to run this line.)

AN ACT FOR ADDING PART OF BRUNSWICK COUNTY TO BLADEN,
AND PART OF BLADEN TO BRUNSWICK COUNTY.

(Passed in the year 1777.)

1. Whereas that part of Brunswick county on the western
side of Waggamaw lake, lying between the dividing line of Bruns-
wick and Bladen counties, and the swamp called the Devil's El-
bow, renders it extremely inconvenient for the few persons who
reside thereon to attend courts and public duties in Brunswick
county, being obliged to go a considerable distance into Bladen
county, and to make a large circuit before they can get into their
own county on any direct road ; and whereas the land on the
northern side of the said swamp is of easy access on the Bladen
side, and proves an asylum for vagabonds and persons of evil
fame, who do not pay taxes in any county, and are out of the
reach of any process that can issue from Bladen, to the great pre-
judice of the neighboring inhabitants ; and whereas those parts of
Bladen county on the eastern side of the Northwest river, as high
up the said river as Brunswick county reaches on the western side,
make part of the plantations of the inhabitants of Brunswick coun-
ty who live on the said river, and will make it very inconvenient
and expensive for them to give in their lands and other estates in
Bladen county, and subject them to many other inconveniences :
for remedy whereof,
Part ^Bladen g j$e ft enacted, fyc, That all that part of Brunswick county
Brunswick. on the western side of Waggamaw lake, lying between Brunswick
and Bladen line, and the southern side of the swamp known by the
name of the Devil's Elbow, beginning at the outlet from the said
lake, and running round the outermost side of the said swamp
called the Devil's Elbow, until it intersects the said line a south-
west course to the province line, shall be, and is hereby added to,
and made part of Bladen county ; and that all those parts of Bla-
den county lying on the eastern side of the Northwest river, be-
ginning at the upper corner of the plantation of John Grainger,
Sen., Esq., on the same side of the river, and running thence a
northeast course to Black river, including all the lands from the
said line downwards to New Hanover line, be, and are hereby
added to, and made part of Brunswick county.

BOUNDARIES OF COUNTIES. 105

AN ACT FOR ADDING PART OF ANSON COUNTY TO BLADEN.

(Passed in the year 1777.)

1. Whereas the inhabitants of the lower end of Anson coun-
ty labor under great inconveniences in attending the courts and
other public meetings of the said county at the court house there-
of, and being more convenient for those purposes to the county
of Bladen, are desirous to be annexed thereto ;

2. Be it therefore enacted, fyc, That James Pickett, Charles Part of Anson
Medlock, Abraham Barns, and Richard Smith, Esquires, be, and denf

they are hereby appointed commissioners, and they, or a majority
of them, are required and directed, within three months after the
passing of this act, to run and mark, or cause the same to be
done, a line from Drowning creek bank, beginning where Over-
streets bridge formerly was, thence running the shortest course to
the dividing line between this State and the State of South Caro-
lina ; and all that part bounded to the lower end by tbe line above
directed to be marked, and along the said south line to where it
crosses Drowning creek, shall be, and is hereby annexed to, and
made part of the county of Bladen, and the inhabitants thereof
shall be subject and liable to the same rules, orders, taxes, and
privileges, as any other of the inhabitants of the said county of
Bladen.

AN ACT APPOINTING COMMISSIONERS TO RUN AND ESTABLISH THE
BOUNDARY LINE BETWEEN THE COUNTIES OF BLADEN AND CO-
LUMBUS.

(Passed in the year 1834.)

1. Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That Josiah Nye and Marmaduke Powell, of the county of Co-
lumbus, and Daniel Shipman, and Shadrack Wooten of Bladen
county, be, and they are hereby appointed commissioners, with
power to employ such artist, chain carriers and attendants, as they
may deem necessary, to enable them to run, ascertain and mark
the boundary line between the counties of Bladen and Columbus,
agreeably to the several acts of eighteen hundred and nine, and
eighteen hundred and twentyone, establishing the boundary line
between said counties ; and the line after being so run and mark-
ed, shall be, and the same is hereby declared, to be the dividing
line between the said counties ; and the said commissioners, with-
in six months after running the said line, shall make out two plats
thereof, and return one to each of the county courts of Bladen
and Columbus.

(See Anson, Orange, New Hanover, Cumberland, Brunswick, Robeson, Columbus.)
VOL. II. 14

106 BOUNDARIES OF COUNTIES.

BRUNSWICK.

AN ACT FOR ERECTING PART OF ST. PHILIP'S PARISH, IN NEW
HANOVER COUNTY, AND THE LOWER PART OF BLADEN COUNTY,
INTO A SEPARATE COUNTY, BY THE NAME OF BRUNSWICK COUN-
TY; AND FOR DIVIDING THE COUNTY OF GRANVILLE, AND ERECT-
ING THAT PART THEREOF CALLED ST. JOHN'S PARISH, INTO A
SEPARATE AND DISTINCT COUNTY, BY THE NAME OF BUTE
COUNTY.

(Passed in the year 1764.)

Brunswick *■' ^e '* en(t>cted by the Governor, Council and Assembly, and

county erected, by the authority of the same, That that part of Bladen county
which lies to the westward of the northwest branch of Cape Fear
river, be divided from the upper part of Bladen county, by a line
beginning at the upper corner of a tract of land on which the plan-
tation of John Grange is situate, above the mouth of Beaver Dam
creek, which plantation lately belonged to Mr Robert Howe, run-
ning from thence a direct course to the east side of the lake on
Waggamaw river ; and from thence by a west line to the bounds
of the province, so as to leave all the inhabitants on the said lake
in Bladen county ; and that the said lower part of Bladen county,
together with all that part of New Hanover county called St
Philip's parish, except so much thereof as lieth to the northwest-
ward of the dividing line hereby directed to be run to the lake,
and from thence to the bounds of this province, be erected into a
distinct county, by the name of Brunswick county.
PKT°'f St ■ h ® ^nc^ ^e ^ Jurt^er enacted by the authority aforesaid, That
adde1! toPBlaS- aH tnat Part °f St. Philip's parish which lieth to the northwest-
den- ward of the said line, to the east end of the lake, and from thence

to the bounds of the province, be annexed to, and it is hereby de-
clared to be part of Bladen county.

AN ACT TO ANNEX SMITH'S ISLAND, AT THE MOUTH OF CAPE
FEAR RIVER, TO BRUNSWICK COUNTY, AND PART OF EAGLE'S
ISLAND TO THE COUNTY OF NEW HANOVER.

(Passed in the year 1S09.)

1. Be it enacted, fyc., That the said Smith's Island be, and

added to Brans- tne same is nereDy taken fr°m tne county of New Hanover, and
wick. added to the county of Brunswick, any law, usage or custom to

the contrary notwithstanding.

BOUNDARIES OF COUNTIES.

107

AN ACT TO ESTABLISH THE LINE BETWEEN THE COUNTIES OF
BRUNSWICK AND COLUMBUS, AND TO EXTEND THE TIME FOR
RUNNING THE LINES ON EAGLE'S ISLAND, BETWEEN BRUNSWICK
AND NEW HANOVER COUNTIES.

(Passed in the year 1810.)

1. Beit enacted, fyc, That Waccamavv river, from the South Boundary be-
Carolina line up to the stake, shall be considered as the true and wid£ and q0_
established boundary between the said counties ; and that the lumbus coun-
county courts of Brunswick and Columbus shall, together or sep-
arately, have the power and authority to order the said river, from
bank to bank, cleared out, and to enforce the working thereupon
on the inhabitants of their own counties, respectively, whenever
they, or either of them, think proper ; and also that process issu-
ed from the courts of justices of either of the said counties, may
and shall be served and executed on any person passing along,
and within the banks of said river ; any law, usage or custom
to the contrary notwithstanding.

(See Bladen, New Hanover, Columbus.)

BUNCOMBE.

AN ACT FORMING THE WESTERN PARTS OF BURKE AND RUTHER-
FORD COUNTIES INTO A SEPARATE AND DISTINCT COUNTY.

(Passed in the year 1791.)

Whereas the western parts of Burke and Rutherford
counties are very inconvenient to the court houses in the said
counties, which renders the attendance of jurors and witnesses
very burthensome and expensive, and almost impossible in the
winter season ; and in order to remedy the same,

1. Be it enacted, fyc. That all that part of the counties of Burke Buncombe
and Rutherford, circumscribed by the following lines, viz. Begin- county erected,
ning on the extreme height of the Apalachian mountain, where the
southern boundary of this State crosses the same, thence along the
extreme height of said mountain to where the road from the head
of Catawba river to Swannanoe crosses, then along the main ridge
dividing the waters of South Toe from those of Swannanoe unto
the Great Black mountain, then along said mountain to the north-
east end, then along the main ridge between South Toe and Little
Crabtree to the mouth of said Crabtree creek, then down Toe
river aforesaid to where the same empties into the Nollichucky
river, then down the said river to the extreme height of the Iron
mountain and cession line, then along said cession line to the
southern boundary, then along the said boundary to the beginning,

108 BOUNDARIES OF COUNTIES.

is hereby erected into a separate and distinct county by the name
of Buncombe.

AN ACT TO ANNEX PART OF THE COUNTY OF RUTHERFORD TO

BUNCOMBE.

(Passed in the year 1794.)

fSLX^n- }' »\U tnmUdl f C- That from and &fter the passing of this
nexed to Bun- act, all that part of the county of Rutherford, west of a line be-
combe. gmnmg at the Sugar Loaf mountain ; from thence a direct line to

the Hungary mountain, and along said mountain to Green river,
crossing the same ; and from thence a direct line to the South
Carolina boundary, and all that part lying to the west of the line
aforesaid, shall be annexed to and considered a part of the county
ot .Buncombe.

(See Haywood, Yancey, Burke, Rutherford.)

Rowan county
divided.

BURKE.

AN ACT FOR DIVIDING ROWAN COUNTY, AND OTHER PURPOSES
THEREIN MENTIONED.

(Passed in the year 1777.)

Whereas the large extent of the county of Rowan, renders it
grievous and troublesome to many of the inhabitants thereof, to
attend the courts and general elections, and other public meetings
appointed therein ;

1. Be it therefore enacted by the General Assembly of the State
of North Carolina, and by the authority of the same, That
from and after the first day of June next, the said county of
Rowan be divided by a line beginning at the Catawba river, on
the line between Rowan and Tryon counties ; thence running up
the meanders of said river to the north end of an island, known by
the name of the Three Cornered island ; thence north to the
ridge that divides the Yadkin and Catawba waters, then westerly
along the ridge to the mountain which divides the eastern and wes-
tern waters, commonly known by the name of the Blue mountain.
And that all that part of the late county of Rowan, which lies to
the east of the said dividing line, shall continue and remain a dis-
tinct county, by the name of Rowan ; and all that other part of
the said county of Rowan which lies west and south of the said
dividing line, shall thenceforth be erected into a new and distinct
county, by the name of Burke.

BOUNDARIES OF COUNTIES.

109

AN ACT FOR ESTABLISHING THE DIVIDING LINE BETWEEN THE
COUNTIES OF BURKE AND RUTHERFORD.

(Passed in the year 1783.)

Whereas the dividing line between the counties of Burke and
Rutherford hath not yet been established, in consequence of which
the lands west of the Apalachian mountain have been indiscrimi-
nately entered in the respective counties, contrary to the intent
and meaning of an act of assembly in that case made and provided :

1. Be it therefore enacted, fyc, That the lines as laid .out, Jjjjjjy g^
marked and extended by Joseph M'Dowall, junior, in the year and Ruther-
one thousand seven hundred and eightyfive, viz. Beginning at the *°rd-
west point of the line that formerly divided the above said coun-
ties, thence west to the Indian boundary as in the act of assembly
of the seventeenth of May, one thousand seven hundred and
eightythree ; which line is hereby established to be the dividing
line between the counties of Burke and Rutherford.

AN ACT TO ANNEX PART OF THE COUNTY OF BURKE TO THE
COUNTY OF RUTHERFORD.

(Passed in the year 1807.)

Be it enacted, fyc. That from and after the passing of this act, Part of Burke
the dividing line between the said counties of Burke and Ruther- to Rutherford.
ford, shall begin at a white oak tree that stands near the forks of
the public road above James Jones's, in the line heretofore run
between said counties and the public road that leads up second
Broad river, shall be the line between the said counties as far as
Joseph Goodbread's, thence a southwest course to the dividing
ridge that divides the waters of Cove and Crooked creeks, thence
the ridge that divides the waters of Catawba and Broad rivers to
the Buncombe county line. And the line as herein mentioned
shall be the dividing line between the said counties of Burke and
Rutherford.

AN ACT TO AMEND AN ACT PASSED IN THE YEAR 1807, ENTITLED
" AN ACT TO ANNEX PART OF THE COUNTY OF BURKE TO THE
COUNTY OF RUTHERFORD."

(Passed in the year 1809.)

1. Be it enacted, fyc. That a line shall extend from the white The line be-
oak, mentioned in the above recited act, on the old east and west tween. thef
line to a stake ; thence crossing Little Rock creek, to the south Semd
side of the tract whereon widow Smith lives ; thence crossing Big Rutherf°rd.
Rock creek, to the north side of Moses Black's buildings ; thence

110

BOUNDARIES OF COUNTIES.

to a place called the Dye-Stone ; thence to the north side of Levi
Trout's buildings ; thence between the plantations of Perminter
Morgan and Henry Carter, to the south side of the tract of Wil-
liam Morris, senior ; thence with a spur of the mountain, to the
dividing ridge between Crooked creek and Montford's Cove creek,
to the Hickory Nut mountain ; thence along the ridge to the Round
mountain ; thence due west to the Buncombe line ; and all that
part lying northwardly of said line, be, and the same is hereby
declared to be in the county of Burke, and the part southwardly
thereof shall continue, as heretofore, within the county of Ruther-
ford, any law to the contrary notwithstanding.
County court of 2. And be it further enacted, That when it may be deemed ex-
may^rder"^ Pedient to have any part of the line above described run and marked,
the county court of either county may order the surveyors of both
counties to run and mark the same ; which order it shall be the
duty of the said surveyors to obey ; for which they shall be paid
by their own counties respectively, by order of the county court.

(See Rowan, Lincoln, Rutherford, Wilkes, Buncombe, Iredell, Ashe, Yancey.)

surveyors to
run and mark
the said line.

CABARRUS.

AN ACT FOR DIVIDING THE COUNTY OF MECKLENBURG.
(Passed in the year 1792.)

Division of 1. Be it enacted, fyc. That from and after the passing of this

coun^yeT&crg act> tne county °f Mecklenburg shall be divided as follows, to wit,
beginning at where Iredell line crosses the east branch of Rocky
river, then down the said branch to its junction with the west
branch which comes from Colonel Osborne's, from thence to
where the wagon road crosses Clerk's creek, a little to the west
of Captain Pickens's, thence to the barn of Adam Meek, Sen.,
thence to a cluster of large rocks a little to the southeast of the
great road from Colonel Smith's to Charlotte, not far distant from
said Smith's, thence to James Stafford's, and from thence to the
mouth of Clear creek ; and all that part of the county of Meck-
lenburg aforesaid, lying west and south of said dividing line, shall
continue and remain a distinct county, by the name of Mecklen-
burg ; and all that part of the said county lying north and east of
said line, shall be erected into a new and distinct county, by the
name of Cabarrus.

Commissioners 2. And be it further enacted. That James Harris, Joseph
t°/u" rie d& M°ore Carpenter, William Orr, George Alexander and Zaccheus
Wilson, Esquires, or a majority of them, be, and are hereby ap-
pointed commissioners to superintend the running the dividing line,
and shall cause the same to be entered of record in each of the
said counties of Mecklenburg and Cabarrus; and the said com-

Cabarrus coun-
ty erected.

BOUNDARIES OF COUNTIES.

Ill

missioners are hereby authorized to employ two surveyors, one of
which may be resident in each of the counties aforesaid.

AN ACT TO ANNEX PART OF THE COUNTY OF MECKLENBURG TO
THE COUNTY OF CABARRUS.

(Passed in the year 1794.)

Whereas it is represented by petition to this General Assembly,
that it will be more convenient, and greatly contribute to the sat-
isfaction of a number of the present inhabitants of the county of
Mecklenburg to be added to the county of Cabarrus :

1. Be it therefore enacted, §c. That all that part of the county ^urffcountv
of Mecklenburg, which shall or may be included by a line beginning annexed to
at Pickens's ford on Clark's creek, running such a course and di- Cabarrus-
rection as to include the following persons, and the land whereon
they live, to wit, John Wilson, Robert Hope, Zaccheus Wilson,
John Sloan, Nathaniel Giles, and Doctor Charles Harriss, from
thence to the northeast corner of Adam Meek's dwelling house on
the Carbarrus line, so as to include the said Adam Meek in Meck-
lenburg county, shall be added to the county of Cabarrus, in as
full and ample a manner as if the same had been included at the
time of the division.

(See Mecklenburg.)

CAMDEN.

AN ACT FOR DIVIDING THE COUNTY OF PASQUOTANK, AND ES-
TABLISHING THAT PART THEREOF ON THE NORTHEAST SIDE OF
PASQUOTANK RIVER, A COUNTY, BY THE NAME OF CAMDEN.

(Passed in the year 1777.)

1 . Whereas by reason of the width of Pasquotank river, and the
difficulty of passing the same, especially in boisterous weather, it
is extremely inconvenient for the inhabitants who live on the north
east side of said river to attend courts and other public business in
the county of Pasquotank : For remedy whereof,

2. Be it therefore enacted by the General Assembly of the State p

of North Carolina, and it is hereby enacted by the authority of county0 divided.
the same, That all that part of Pasquotank county lying on the
northeast side of the said river, and of a line to be run from the
head of the said river, a northwest course to the Virginia line,
shall be, and is hereby established a county, by the name of Cam-
den.

112

BOUNDARIES OF COUNTIES.

Boundary es-
tablished be-
tween Cur-
rituck and
Camden.

AN ACT FOR EXTENDING THE BOUNDARY LINE BETWEEN THE
COUNTIES OF CURRITUCK AND CAMDEN, AND FOR ALLOWING
SURVEYORS FURTHER TIME TO MAKE THEIR RETURNS.

(Passed in the year 1784.)

1. Be it enacted, fyc. That the following shall hereafter beheld
and deemed the boundary line between the said counties, that is to
say, beginning at the head of North river where the same forks
into two runs, thence a direct course to the middle of Lamb's
toll road or bridge, thence a direct course to the Virginia line, so
as to divide that part of the Great Dismal Swamp, as nearly as
may be between the said counties.

(The other sections temporary. See Pasquotank and Currituck.)

CARTERET.

AN ACT FOR THE BETTER SETTLING, REGULATING, AND IMPROV-
ING THE TOWN OF BEAUFORT, IN THE COUNTY OF CARTERET;
AND FOR ANNEXING OCCACOCK ISLAND TO THE SAID COUNTY.

(Passed in the year 1770.)

Part of Hatter- And whereas part of Hatteras banks, adjoining the bounds of
as banks added (]urrituck county, from the place where Hatteras inlet formerly
county. was, and extending westward to Occacock inlet, is not included

in any county within this province ; by which means the inhabi-
tants thereof are not liable to pay any taxes, or perform any public
duties whatsoever : For remedy whereof, Be it enacted by the au-
thority aforesaid, That from and after the passing of this act, all
that part of the said banks from the low beach, which runs across
the same to the sea side, and where Hatteras inlet formerly was,
extending westward to Accomack inlet, shall be forever hereafter
annexed to the county of Carteret, and shall be held, taken, and
deemed as part of the same ; and the inhabitants thereof shall be
liable and subject to the same duties, taxes, and impositions, and
entitled to the same privileges, benefits, and advantages, as the
other inhabitants of the said county of Carteret.

(See Jones.)

BOUNDARIES OF COUNTIES.

CASWELL.

113

AN ACT FOR ESTABLISHING A NEW COUNTY BETWEEN HILLSBOR-
OUGH AND THE VIRGINIA LINE, BY ERECTING THE NORTHERN
PART OF ORANGE COUNTY INTO A DISTINCT COUNTY, BY THE
NAME OF CASWELL.

(Passed in the year 1777.)

1 . Whereas the large extent of the county of Orange renders
the attendance of the inhabitants of the northern part to do public
duties extremely difficult and expensive : For remedy whereof,

2. Be it enacted by the General Assembly of the State of

North Carolina, and by the authority of the same, That from and 0ran"e county
after the first day of June next, the inhabitants of the county of divided.
Orange lying to the north of a point twelve miles due north of
Hillsborough, and bounded as follows, to wit, beginning at the
aforesaid point, running thence due east to Granville county line,
thence north along Granville county line to the Virginia line, thence
west along the Virginia line to Guilford county line, thence south
along Guilford county line to a point due west of the beginning,
thence due east to the beginning, be erected into a distinct county Guswell erect-
by the name of Caswell county. ed.

(See Guilford, Person and Orange.)

CHATHAM.

AN ACT FOR ESTABLISHING A NEW COUNTY 'BETWEEN CAMPBLE-
TON AND HILLSBOROUGH, BY TAKING THE SOUTHERN PART OF
THE INHABITANTS OF ORANGE COUNTY, AND BY ERECTING THE
SAME INTO A DISTINCT COUNTY, BY THE NAME OF CHATHAM
COUNTY, AND ST BARTHOLOMEW PARISH.

(Passed in the year 1770.)

1 . Whereas the great extent of the county of Orange renders
the attendance of the inhabitants of the southern part thereof to
do public duties extremely difficult and expensive : For remedy
whereof,

2. Be it enacted by the Governor, Council and Assembly, and Chatham

by the authority of the same, That from and after the first day of county erected.
April next, the inhabitants of the county of Orange, lying to the
south of a point sixteen miles due south of Hillsborough, and
bounded as follows, to wit, beginning at the aforesaid point, run-
ning thence due west to Guilford county line ; thence south along
Guilford county line to Cumberland county line ; thence along
Cumberland and Wake county lines to a point due east of the be-
VOL. II. 15

114 BOUNDARIES OF COUNTIES.

ginning ; thence due west to the beginning ; be erected into a dis-
tinct county by the name of Chatham county, and St Bartholomew
parish.

(See Orange, Guilford, Cumberland and Wake.)

CHOWAN.

AN ACT TO APPOINT COMMISSIONERS TO COMPLETE RUNNING AND
MARKING THE DIVIDING LINE BETWEEN CHOWAN AND PERO.UI-
MONS COUNTIES.

(Passed in the year 1819.)

(The 1st section appoints commissioners.)

2. Be it further enacted. That they shall commence running at
How to be run. tnebridge in the lane called James Hatbaway's, Sen., and run a direct
course to Caleb Goodwin's bridge in Bear swamp, from thence a
direct course to where the Crane pond crosses the Sandy ridge
road, thence up the Sandy ridge road to where the Gates county
line crosses the said road.
Surveys filed. 3. Be it further enacted, That the said commissioners shall
cause to be made correct copies of their survey ; one of which
shall be filed in the secretary's office, and one in each of the
clerk's offices of the court of pleas and quarter sessions in the
counties of Chowan and Perquimons.

AN ACT TO APPOINT COMMISSIONERS TO LAY OFF AND ESTABLISH
THE DIVIDING LINE BETWEEN THE COUNTIES OF CHOWAN AND
GATES.

(Passed in the year 1820.)

Whereas the dividing line between the counties of Chowan and
Gates has not heretofore been sufficiently described, either by
actual survey or by known and fixed boundaries, whereby it be-
comes expedient, in order to prevent disputes between the inhabi-
tants of said counties, that the said dividing line should be more
accurately ascertained :
Commissioners 1. Be it enacted, 8fC._. That Ephraim Elliot, of the county of
Unenarkthe Chowan, and Joseph Riddick, Esq., of the county of Gates, be,
and they are hereby appointed commissioners, with full power and
authority to lay off, extend and mark the line between the said
counties, due regard being had to the former reputed line.
Their duty. 2. Be it further enacted, That the said commissioners shall

appoint such surveyor, chain carriers and other attendants, as shall
be necessary for the marking, extending and establishing the said
line, and shall make or cause to be made a return of their pro-
ceedings to each of the courts of pleas and quarter sessions of the
said counties, to be deposited and kept among the records thereof,

BOUNDARIES OF COUNTIES. 115

and the said line, when so extended and laid off, shall forever
thereafter be established and confirmed as the dividing line between
the said counties.

(See Bertie, Tyrrell, Hertford, Gates and Perquimons.)

COLUMBUS.

AN ACT ERECTING THE WEST PART OP BUNCOMBE INTO A SEP-
ARATE AND DISTINCT COUNTY, AND ALSO PART OP BRUNSWICK
AND A PART OP BLADEN COUNTIES INTO A SEPARATE AND DIS-
TINCT COUNTY.

(Passed in the year 1808.)

And whereas the river Waccamaw renders it frequently impos-
sible to pass to the court house of Brunswick county without
imminent danger,

8. Be it further enacted, That all that part of Bladen county Boundary of
and Brunswick, beginning in the Waccamaw river, where the ofColumbus ty
dividing line between North and South Carolina crosses the same,
then up said river to the White Marsh branch, then up the same
to the western prong and to the head of it, then a direct line to
the Rough Horn branch or swamp ; then down Rough Horn to
Drowning creek, thence down the same to the State line, thence
with the same to the beginning, shall be and is hereby established
into a separate and distinct county by the name of Columbus.

(The other sections of this act relate to Haywood county or are temporary in their
nature.)

AN ACT TO ANNEX PART OF BLADEN TO THE COUNTY OP
COLUMBUS.

(Passed in the year 1809.)

1. Be it enacted, fyc, That from and after the passing of this Theboundar
act, the boundary line between the counties of Bladen and Co- ™e betwe^n

ii i ii i • • i -n -it -i Bladen and

Jumbus, shall begin in the brunswick line, two miles to the east of Columbus,
the Waccamaw lake, and run thence a direct line to Slade swamp,
so as to include Henry Swindle's plantation, thence down Slade
swamp to the Brown Marsh swamp, thence down the same to the
Western prong, thence up the same to the mouth of Green's mill
branch, then up the said branch to the head, and then a direct line
to the mouth of the Horsepen branch at the Big swamp, thence
down the Big swamp and Drowning creek to the Columbus line.
And the boundary as herein mentioned and described, shall be the
dividing line between the said counties of Bladen and Columbus.

(The other sections temporary.)

116

BOUNDARIES OF COUNTIES.

AN ACT TO ANNEX PART OF BRUNSWICK COUNTY TO THE
COUNTY OF COLUMBUS.

(Passed in the year 1811.)

Part of Bruns- Be it enacted, »$-c., That from and after the passing of this act,
ColumbS t0 a11 .that Part of Brunswick county bounded as follows, to wit :
beginning at Waccamaw river, at the mouth of Juniper creek, on
the Columbus line, and running up Juniper creek to a swamp
called Big swamp, and up the Big swamp to a branch called Clear
branch, and up the Clear branch to the head ; thence a direct
course to the Waccamaw river, at the mouth of a large creek, and
thence join the Columbus line or river to the beginning, be, and
the same is hereby annexed to the county of Columbus.

AN ACT TO ANNEX PART OF BLADEN COUNTY TO THE COUNTY
OF COLUMBUS.

(Passed in the year 1821.)

1. Be it enacted, <yc, That all that part of the county of Bla-
den which lies southwest of a line hereafter to be run, beginning
on the Brunswick line where the lake road leading to Wilmington
crosses, thence on the north side of said road to the drain
of Buckhead bay, thence a direct line to where the road leading
from Manly Westbrook's to Gabriel Holmes's crosses Saspan
drain, thence a direct line to where the line that divides Bladen
and Columbus counties is supposed to run, thence along said line
to Samuel SwindoPs plantation, and thence on the southwest side
of said plantation to the mouth of Slade swamp, be, and the same
is hereby annexed to, and shall hereafter form a part of Columbus
county ; and all that part of the county lying northeast of the said
line, shall form a part of Bladen county.

Commissioners 2' Be lt enactedi That David Gillaspie and Samuel B. An-
to run line. drews, of Bladen county, and William Gore, Sen., and Luke R.
Simmons, of Columbus county, be, and they are hereby appointed
commissioners to run and mark the line aforesaid ; which line,
when so marked, shall be, and is hereby established as the
dividing line between the said counties of Bladen and Columbus ;
and that all citizens living southwest of the same shall hereafter be
considered and deemed citizens of the said county of Columbus.

(The third section temporary.)

AN ACT APPOINTING COMMISSIONERS TO RUN AND ESTABLISH
THE BOUNDARY LINE BETWEEN THE COUNTIES OF BLADEN AND
COLUMBUS.

(Passed in the year 1834.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,

BOUNDARIES OF COUNTIES. 117

That Josiah Nye and Marmaduke Powell, of the county of Colum-
bus, and Daniel Shipman and Shadrack Wooten, of Bladen coun-
ty, be and they are hereby appointed commissioners, with power
to employ such artist, chain carriers and attendants as they may
deem necessary, to enable them to run, ascertain and mark the
boundary line between the counties of Bladen and Columbus, agree-
ably to the several acts of eighteen hundred and nine, and eigh-
teen hundred and twentyone, establishing the boundary line be-
tween said counties ; and the line after being so run and mark-
ed, shall be, and the same is hereby declared to be, the dividing
line between the said counties ; and the said commissioners, within
six months after running the said line, shall make out two plats
thereof, and return one to each of the county courts of Bladen
and Columbus.

(The second section temporary.)

(See Brunswick and Bladen.)

CRAVEN.

AN ACT TO ANNEX PART OF THE COUNTY OF BEAUFORT TO CRA-
VEN COUNTY.

(Passed in the year 1811.)

Whereas it is represented to this General Assembly, that it
would be of considerable utility to a number of persons to annex
that part of Beaufort county that lies between Jones's and Bay
rivers, to the county of Craven :

JUl. Be it enacted, fyc, That from and after the passing of this Part of Beau-
act, all that part of Beaufort county that lies within the following Crav™coSty!
bounds, viz. beginning at the head of Jones's bay, and running a
direct line to Bay river bridge, near Palmer's cabins ; thence
flown the meanders of said Bay river to Jones's bay, thence
with said bay to the beginning.

2. And be it further enacted, That all persons living within the Duty of the in-
before mentioned bounds, shall be liable to do all public duties in habltants-
Craven county, in all respects as they were compelled to do in
Beaufort county, anything to the contrary notwithstanding.

(See Johnston, Beaufort, Lenoir, Greene, Pitt, Jones.)

118 BOUNDARIES OF COUNTIES.

CUMBERLAND.

AN ACT TO RE-ESTABLISH THE COUNTIES OP ROWAN, CUMBER-
LAND AND ORANGE.

(Passed in the year 1756.)

1. Whereas an act for erecting the upper part of Anson county
into a county and parish, by the name of Rowan county, and St
Luke's parish, and for appointing a place for holding a court in the
said county ; an act, entitled, An act for erecting the upper part of
Bladen county into a county and parish, by the name of Cumber-
land county, and St David's parish ; and an act for dividing part
of Granville, Johnston and Bladen counties into a county and par-
ish, by the name of Orange county, and the parish of St Mat-
thew, and for appointing vestrymen for the said parish, and other
purposes therein mentioned, have been repealed by an act, entitled,
An act for re-establishing several counties and towns, and for other
purposes : And whereas his majesty has been graciously pleased,
by his royal instructions, to authorize his excellency the governor
to give his assent to an act to re-establish the counties aforesaid :

2. Be it therefore enacted by the Governor, Council and Jlssem-
estabiished. bly, and by the authority of the same, That the several divisions

or districts of this province which have heretofore belonged to the
respective counties aforesaid, before the repeal of the before recit-
ed acts of assembly, shall, and are hereby declared to be re-estab-
lished into counties, by the respective names by which each county
or district, at the time of repealing of the aforesaid acts, was
known and denominated ; and each of the said counties shall be
limited and bounded according to the bounds and limits heretofore
known and reputed to be the bounds and limits thereof.

(The third section temporary.)

Counties re-

AN ACT TO ADD PART OF BLADEN COUNTY TO CUMBERLAND.

(Passed in the year 1789.)

Whereas it hath been represented and made appear to this
General Assembly, that the upper part of Bladen county is con-
tiguous to the county court of Cumberland and superior court of
Fayetteville district, and very remote from the court house of the
said county of Bladen and the district court thereof, to the great
injury and inconvenience of the inhabitants of the upper part of
the said county of Bladen : For remedy whereof,
added to Cum- *• Be ** enacted, $v\, That all that part of Bladen county, lying
berland. to the northwest of aline beginning directly opposite to the mouth

of Willis's creek, on the northeast side of Cape Fear river, thence

BOUNDARIES OF COUNTIES.

a direct course to John Pharis's, on South river, so as to include
said Pharis's in Cumberland county, thence the same direction until
it strikes the Sampson line, then beginning at the said first station
opposite to said Willis's creek, and running south seventyfive west
to Robeson county line, be and is hereby annexed to the county
of Cumberland, and from and after the passing of this act shall be
and remain a part thereof.

119

AN ACT TO ANNEX PART OF ROBESON TO CUMBERLAND COUNTY.
(Passed in the year 1791.)

Whereas the annexing part of the county of Robeson to Cum-
berland, would tend to the ease and convenience of those who
inhabit the same :

1. Be it therefore enacted, fyc. That from and after the passing
of this act, all that part of Robeson county included in the follow- Part of Robe
ng bounds, to wit : beginning at the mouth of the Colecamp branch, son added to
thence up said branch to the main road from Lumberton to Fay- co^™ er an
etteville, thence a direct line to the bridge across Great Rockfish,
below Leggitt's plantation, thence up said Rockfish to the line of
Cumberland county, be and the same is hereby annexed to, and
shall be and remain a part of, the county of Cumberland.

(See Bladen, Wake, Moore, Robeson.)

CURRITUCK.

(See Tyrrell, Carteret, Camden, Hyde.)

DAVIDSON.

AN ACT FOR THE DIVISION OF ROWAN COUNTY.

(Passed in the year 1822.)

1 . Be it enacted, <^c, That all that part of the county of Row- County of
an lying north of the following line, to wit : beginning on the east Davidson erect ■
bank of the Yadkin river, where the same is crossed by the Surry
line ; thence down the said river to the ferry of Thomas P. Ives ;
thence a straight line to a point at the end of ten miles, in a line
running north, fortyfive degrees east from the court house, in Sal-
isbury ; thence to the mouth of Abbot's creek ; and thence, down
the river, to the Montgomery line, be, and the same is hereby
erected into a separate and distinct county, by the name of David-

120 BOUNDARIES OF COUNTIES.

son, with all the rights, privileges and immunities of the other coun-
ties in this State.

AN ACT TO AMEND AN ACT PASSED IN THE YEAR EIGHTEEN
HUNDRED AND TWENTYTWO, ENTITLED AN ACT FOR THE DI-
VISION OF ROWAN COUNTY.

(Passed in the year 1834.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the dividing line between the counties of Rowan and David
son, beginning on the east bank of the Yadkin river, where the
same is crossed by the Surry line, run as described in said act, to
where it intersects Potts' creek, thence down said creek to the
Yadkin river, thence down said river to the Montgomery line.

AN ACT TO AMEND AN ACT, PASSED IN THE YEAR ONE THOUSAND
EIGHT HUNDRED AND TWENTYTVVO. ENTITLED AN ACT FOR THE
DIVISION OF ROWAN COUNTY.

(Passed in the year 1835.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the Yadkin river shall hereafter be the dividing line between
the counties of Rowan and Davidson.

(The second and third sections temporary.)

(See Rowan, Montgomery, Surry.)

DAVIE.

AN ACT TO LAY OFF AND ESTABLISH A COUNTY BY THE NAME

OF DAVJE.

(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
Boundaries and That a county shall be, and the same is laid oft' and established, in
name of. coun- ^Q territory now comprehended in the limits of Rowan county,
north of the South Yadkin river, beginning at the junction of the
North and South Yadkin rivers ; thence, up the South Yadkin
river, to the Iredell county line ; and all that part of the present
county of Rowan, lying and being north of said river, shall hereaf-
ter constitute a separate and distinct county, to be called and

BOUNDARIES OF COUNTIES.

121

known by the name of Davie, in honor of the revolutionary patriot,
William R. Davie ; and it shall be, and is hereby, invested with
all the rights, privileges and immunities of the other counties in
this State, except as is hereafter provided.

2. Be it further enacted, That all justices of the peace and offi- ^cerLmol15
cers of the militia, who reside within the limits of the county officers contin-
Davie, shall continue to hold and exercise all the official powers ued-
and authorities, in and for the said county, that they have hitherto
held and exercised in and for the county of Rowan.

(See Rowan.)

DUPLIN.

AN ACT FOR ERECTING THE UPPER PART OF NEW HANOVER
COUNTY INTO A COUNTY AND PARISH, BY THE NAME OF DUPLIN
COUNTY AND ST GABRIEL PARISH; AND FOR APPOINTING A
PLACE FOR BUILDING A COURT HOUSE, PRISON AND STOCKS IN
SAID COUNTY.

(Passed in the year 1749.)

1. We pray it may be enacted, And be it enacted by His Excel-
lency Gabriel Johnston, Esquire, Governor, by and icith the advice
and consent of His Majesty's Council, and the General Assembly of
this province, and by the authority of the same, That New Hanover DJ^lsl0n of the
county be divided by a line, beginning at the mouth of Rockfish
creek, on the northeast river of Cape Fear, running east to Ons-
low county, and westward, by a straight line, from the mouth of the
said creek, to the upper forks of Black river, where Cohecry and
the Six-Runs meet, thence up Cohecry to the head thereof ; and
that the upper part of the said county be erected into a county, by
the name of Duplin county, and St Gabriel parish : And that the Sed.C°Unty
said county and parish shall enjoy all the privlieges and advantages
that any other county and parish now holds or enjoys.

AN ACT FOR ASCERTAINING THE BOUNDARY LINE BETWEEN THE
COUNTIES OF NEW HANOVER AND DUPLIN.

(Passed in the year 1766.)

1. Whereas disputes daily arise between the inhabitants of New
Hanover and Duplin, by reason of the boundary line not being
sufficiently ascertained :

2. Be it therefore enacted by the Governor, Council and As- Commissioners
sembly, and by the authority of the same, That the Honorable ruj^ngrtufdi-
John Sampson, Esquire, John Ashe, Felix Kennon, and Alexander vidingW be-

t •it -n- i i • i •• c tween Duplin

Lilhngton, Esquires, are hereby appointed commissioners tor run- and New ^an_

i c over.

VOL. II. 16

122 BOUNDARIES OF COUNTIES.

ning out the dividing line between the said counties of Duplin and
New Hanover; which said commissioners, or any three of them,
shall meet on some time within six months after the passing of this
act, and shall run and lay off the boundaries between the said coun-
ties, in the following manner, to wit : That llockfish creek shall
be the boundary, from the mouth thereof to where Doctor's creek
branches from the same ; then up Doctor's creek, one mile above
the house of Mr George Maires ; thence running a direct line to
the corner made by Arthur M'Coy, on South river ; and the said
line when run, shall forever after be deemed the boundary line be-
tween the said counties of New Hanover and Duplin.

AN ACT TO APPOINT COMMISSIONERS TO RUN AND ESTABLISH THE
DIVIDING LINE BETWEEN THE COUNTIES OF DUPLIN AND ONS-
LOW.

(Passed in the year 1819.)

Whereas considerable difficulty hath arisen with the wardens of
the poor for the counties of Duplin and Onslow, respecting the
maintenance of certain parishioners belonging to said counties, in
consequence of the dividing line between said counties never hav-
ing been ascertained : To remedy which,

fornmn£°The 1; Be lt enacted, Sfc That Hugh Maxwell and John Farrier,
line. Esquires, of the county of Duplin, and Jason Gregory and Averett

Simmons, Esquires, of the county of Onslow, be, and are hereby
appointed commissioners to run and establish the dividing line be-
tween the counties of Duplin and Onslow, as soon as may be prac-
ticable after the passing of this act.
Report filed. 2. And be it further enacted, That the said commissioners shall
make a report of their proceedings to their respective county courts
of Duplin and Onslow aforesaid, which report shall be filed in the
clerk's office of said counties.
Line establish- 3. And be it further enacted, That the said line so established
ed. by the commissioners aforesaid, shall be the permanent line be-

tween the said counties of Duplin and Onslow, and shall govern
all controversies that shall or may have arisen in either county con-
cerning said line.

AN ACT TO APPOINT COMMISSIONERS TO RUN AND ESTABLISH
THE DIVIDING LINE BETWEEN THE COUNTIES OF DUPLIN AND
LENOIR.

(Passed in the year 1819.)

Commissioners Be it enacted, fyc, That Daniel Glisson and Edward Albertson,
for running the 0f Duplin county, and Joel Hines and Job Leary, of Lenoir coun-
ty, be, and they are hereby appointed commissioners for the pur-
pose of running and establishing the dividing line between the coun-
ties aforesaid, and they are also authorized to appoint one surveyor

BOUNDARIES OF COUNTIES.

123

from each of the aforesaid counties, with such number of markers Their duty,
and chain carriers as they may deem necessary, and when the said
commissioners shall have completed the same in the manner which
a majority thereof may prescribe, two fair plats or representations
of the said dividing line shall be by them made out, and returned
to the clerk's office of the respective counties aforesaid, and the
same shall be entered on the records thereof ; and the said line so
run and established, shall forever thereafter be considered the per-
manent dividing line between the said counties.

AN ACT TO PROVIDE FOR RUNNING AND ESTABLISHING THE DIVI-
DING LINE BETWEEN THE COUNTIES OF WAYNE AND DUPLIN.

(Passed in the year 1833.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That Jesse Oates and William Ashford, commissioners from the
county of Sampson, and Alexander Moseley and Nathan B. Whit-
field, commissioners from the county of Lenoir, one of whom shall
be a surveyor, be, and they are hereby authorized and empowered
to meet at or near a pine stump near the house of John Eliott, the
corner of the county of Wayne, Sampson and Duplin, which is
known as a pine stump, within six months after the passage of this
act ; and after having been sworn by some justice of the peace of
the county of Wayne or Duplin, shall proceed to run, mark and
establish the dividing line between said counties, beginning at the
pine stump, according to the description laid down in the several
acts of assembly dividing counties and forming the counties of
Wayne and Duplin.

2. Be it further enacted, That the above named commissioners
shall and may have full power and authority to run, and mark, and
establish any dividing line between the two counties, that the people
most immediately concerned may agree upon among themselves,
that the commissioners may deem just or equitable ; and should
the commissioners deem it best, either before or after commencing
the running, to call in an umpire, they shall have full power to do
so, provided the selection shall not be made from Wayne or Du-
plin county ; and such person by them selected shall take the same
oath of the commissioners herein named, and possess the same
powers in all respects whatever ; and should any vacancy occur in
said board of commissioners, by death or any other cause, the re-
maining commissioners shall fill the same.

3. Be it further enacted, That the line run and marked by the
before named commissioners, shall be deemed and held in law to
be the dividing line between the county of Wayne and the county
of Duplin ; and within a reasonable time after such survey shall
have been completed, the commissioners shall make out two fair
plats of the said line, and return one of them to the clerk of the

124

BOUNDARIES OF COUNTIES.

county court of Wayne, and the other to the county court clerk of
Duplin, and the clerks shall file said plat in their offices.

(The fourth section relates to the compensation of the commissioners.)

5. Be it further enacted, That as soon as the plat and survey
of the line run by the commissioners under this act shall be re-
turned to the clerks of the county courts of Wayne and Duplin,
all laws and clauses of laws heretofore passed, coming within the
purview and meaning of this act, shall be repealed.

(See New Hanover, Johnston, Sampson, Onslow, Lenoir, Wayne.)

EDGCOMB.

AN ACT TO CONFIRM AND ERECT THAT PART OF THE PROVINCE
OF NORTH CAROLINA CALLED EDGCOMB COUNTY, INTO A COUN-
TY, BY THE NAME OF EDGCOMB COUNTY, AND FOR ESTABLISH-
ING THE SAID COUNTY A PARISH ; AND FOR ASCERTAINING THE
BOUNDARY LINE BETWEEN THE NORTHWEST AND SOCIETY
PARISHES, IN BERTIE COUNTY.

(Passed in the year 1741.)

1. We pray that it may be enacted, And be it enacted by His
Excellency Gabriel Johnston, Esq., Governor, by and ivith the ad-
vice and consent of His Majesty's Council, and General Assembly
of this province, and it is hereby enacted by the authority of the same,
Edecomb es- That that part of this province now called Edgcomb county, be,
tablished. ancj jg hereDV established a county, by the name of Edgcomb
Its bounds county, the bounds whereof shall be as follows: Beginning on
Roanoak river, at Jenkin Henry's upper corner tree, from thence,
a straight course to the mouth of Cheek's mill creek, on Tar
river ; and from the south side of the said river, opposite to the
said creek, a straight line unto the middle grounds, between Tar
and Neus rivers ; which shall be the dividing line between Beau-
fort, and Edgcomb, and Craven counties ; and from thence, up
as nigh as may be, keeping the middle between the said two rivers,
Commissioners which shall be the dividing line between the counties of Craven,
to lay out the ancj Edecomb, and Beaufort; and the county courts of Craven
and Edgcomb, are hereby empowered, each of them, for their re-
spective counties, to appoint two commissioners to run out the
bounds or dividing line between Craven and Edgcomb ; which
line so run out as abovesaid, and marked, shall be the dividing
line between the said counties.

BOUNDARIES OF COUNTIES.

125

AN ACT FOR ANNEXING PART OF HALIFAX COUNTY TO EDGCOMB,
AND OTHER PURPOSES.

(Passed in the year 1779.)

1. Whereas the lower corner of Halifax county that lies next
to Fishing creek, is much more convenient to the public buildings
of Edgcomb county than to those of Halifax : For remedy
whereof,

2. Be it enacted. That from and after the passing of this act, county lines,
all that part of Halifax county lying below a line beginning at John

Wall's and Drewry Croker's dividing corner tree on Fishing creek,
then along said Wall's line to the back corner, thence a direct line
as near as may be to the fork of the Marsh swamp at or near Mat-
thew Packer's, then down said swamp to Deep creek, and across
said creek to the mouth of the Indian branch, then the various
courses of said branch to the Martin county line, shall be held and
deemed part of the county of Edgcomb, and the inhabitants thereof
shall be under the same rules and restrictions, as the other inhabi-
tants of Edgcomb are.

(The third and fourth sections temporary.)

5. And whereas that part of the dividing line between the coun-
ties of Edgcomb and Pitt, on the north side of Tar river (as by
law directed,) has never been run ;

6. Be it therefore enacted, That Jacob Little, Amos Adkinson County lines.
and Charles Walderson are appointed commissioners, and they

are hereby empowered and directed to run said line, beginning on
Martin county line as near as they conveniently can in a direct
course between the dwelling house of William Jackson and the
mouth of Cheeks run on Tar river thence a straight course to the
mouth of said Cheeks run, on said river ; which line when run by
the commissioners or a majority of them, agreeable to the direc-
tions of this act, shall be by them entered on record in each of
the counties of Edgcomb and Pitt.

AN ACT FOR EXTENDING THE DIVIDING LINE BETWEEN THE
COUNTIES OF EDGCOMB AND MARTIN, AND BETWEEN THE COUN-
TIES OF MARTIN AND PITT.

(Passed in the year 17S4.)

Dividing line

1. Be it enacted, fyc,. That Isaac Sessums, Joseph Hart, Na-^e^dEde-
than Mayo, Joseph Cooper, and Solomon Cherry, commissioners, Martin, and be-
or a majority of them, be and they are hereby authorized and em- tween Martin
powered, as soon as may be after the passing of this act, to extend
the dividing line between the counties aforesaid, beginning in the
old line that formerly divided Edgcomb and Halifax, at or near
Benjamin Cotton's, running thence a direct course to the line that
divides Martin and Pitt counties at or near Charles Council's.

126 BOUNDARIES OF COUNTIES.

AN ACT FOR ADDING PART OF THE COUNTY OF MARTIN TO EDG-

COMB.

(Passed in the year 1793.)

Whereas adding the southwest corner of Martin county to Edg-
comb will greatly relieve the inhabitants thereof :
Part of Martin 1. Be it therefore enacted, fyc, That all that part of the county
added to Edg- 0f Martin southwest of the line beginning where the line dividing

comb county. „ , , . rT ,._ ., ■»«■■■ i • i

Edgcomb and Hahiax strikes Martin, running thence a straight
course to the Wolf pond near the Indian branch, thence to the
Great Cypress pond on William's Thick, from thence to Thomas
Taylor's as straight as may be so as to include Micajah May's,
from thence due south to Pitt county line, be added to the county
of Edgcomb ; and that from and after the passing this act, all that
part of the county of Martin within the bounds above prescribed
be annexed to and made part of the county of Edgcomb, and the
inhabitants thereof shall be subject and liable to the same rules,
orders, taxes and privileges, as any others the inhabitants of the
county of Edgcomb.
Commissioners 2. And be it further enacted, That George Cockburn, John
appointed to w Mayo, William Hyman, John Burnet and Robert Sherrard,

run the line. J. ' { . ' ir j j- • j i

be appointed as commissioners to lay on and divide the same as
nearly within the limits above mentioned as the nature of the case
will admit ; which said line, when run by the commissioners
aforesaid, shall be by them entered on record in each of the said
counties of Martin and Edgcomb.

AN ACT TO ANNEX PART OF PITT COUNTY TO EDGCOMB.
(Passed in the year 1801.)

p t of Pitt 1* Be it enacted, fyc, That from and after the passing of this

county added act, all that part of Pitt county, bounded as follows, shall be ad-
to Edgcomb. ^e^ to ^Q county 0f Edgcomb : beginning where Edgcomb coun-
ty line crosses Coneto creek, near Samuel Crisp's ; then down
said creek to Christopher Harrod's plantation, then nearly west to
Edgcomb county line, so as to include James Summerlin ; and all
that part north of said line shall hereafter be part of the county of
Edgcomb, and under the same rules and regulations as the said
county of Edgcomb is or may be.
Commissioners 2. And be it further enacted, That William Wilkinson, Allen
to run the lines. Atkerson, John Staniel, Nathan Staniel, James Averitt, William
Cherry, Sen. ; they, or a majority of them, are authorized and
required to run and mark the lines agreeably to the aforesaid act,
and make return of their proceedings to the next courts to be held
for the counties of Pitt and Edgcomb, to be recorded under the
directions of said courts ; any law to the contrary notwithstanding.

(See Beaufort, Granville, Halifax, Nash, Pitt, Martin and Tyrrell.)

BOUNDARIES OF COUNTIES. 127

FRANKLIN.

AN ACT FOR ERECTING PART OF ST PHILIP'S PARISH, IN NEW
HANOVER COUNTY, AND THE LOWER PART OF BLADEN COUNTY,
INTO A SEPARATE COUNTY, BY THE NAME OF BRUNSWICK COUN-
TY; AND FOR DIVIDING THE COUNTY OF GRANVILLE, AND ERECT-
ING THAT PART THEREOF CALLED ST JOHN'S PARISH, INTO A
SEPARATE AND DISTINCT COUNTY, BY THE NAME OF BUTE COUN-
TY.

(Passed in the year 1764 )
(The two first sections relate only to Brunswick and Bladen.)

3. And whereas by reason of the large extent of the county of

Granville, it is greatly inconvenient for the inhabitants to attend

the courts of the said county, general musters, and other public

duties by law required : Be it enacted by the authority aforesaid,

That from and after the tenth day of June next, the said county of

Granville shall be divided into two distinct counties ; and that all

that part of the said county which is now called or known by the

name of the parish of Granville, from and after the said tenth day

of June, shall be a distinct county, and remain to be called Gran- ereCted.Un y

ville county ; and that all that part of the said county called and [Bute county

known by the name of St John's parish, shall, after the said tenth Franklin and

day of June, be one other distinct county, called bv the name of Warren coun-
ts 4. ties, 1779, c.

Bute county. 46r

AN ACT FOR ANNEXING PART OF NORTHAMPTON COUNTY TO THE
COUNTY OF BUTE.

(Passed in the }rear 1767.)

1. Whereas the inhabitants of the upper or westernmost cor-
ner of Northampton county, labor under great inconveniences in
attending the courts, and other public meetings of the said county,
at the court house thereof; and being more convenient for those
purposes to the county of Bute, are desirous of being annexed
thereto :

2. Be it enacted by the Governor, Council and Assembly,

and by the authority of the same, That Thomas Eaton, Willie County divi-
Jones, and Benjamin Person, Esquires, be, and they are hereby
appointed commissioners : and they, or a majority of them, are
required and directed, within three months after the passing of
this act, to run and mark (or cause the same to be done) a line
from Roanoke river bank, opposite the mouth of Stonehouse
creek, a due north course to the dividing line between this pro-
vince and the colony of Virginia : and all that part bounded to the
eastward, by the line above directed to be marked, and to the
northward by the Virginia line, to where it crosses Roanoke river,
shall be, and is hereby annexed to, and made part of the county of

128

BOUNDARIES OF COUNTIES.

Bute ; and the inhabitants thereof shall be subject and liable to the
same rules, orders, taxes, and privileges, as any other of the in-
habitants of the said county of Bute.

Bute divided.

Warren and
Franklin coun
ties erected.

AN ACT FOR DIVIDING BUTE COUNTY INTO TWO DISTINCT COUN-
TIES, AND FOR OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1. Whereas the large extent of the county of Bute renders
the attendance of the inhabitants on the extreme parts of the said
county to do public duties extremely difficult and expensive : For
remedy whereof,

2. Be it enacted, ^c, That from and after the passing of this
act, the county of Bute shall be divided into two distinct counties,
by a direct line from the Granville line to Halifax or Nash county
line, as the case may be, leaving in each part or division an equal
quantity of acres as near as can be ascertained.

3. And in order that the same may be ascertained with as much
precision as possible, Be it further enacted, That Julius Nichols,
William Duke, John Falcon, John Norwood, and Matthew Thom-
as, or a majority of them, be, and they are hereby appointed com-
missioners, to measure the lines of said county on every side, and
to run the dividing line so as to make each respective division as
convenient to the respective persons residing therein as possible,
which said line when run by the commissioners, or a majority of
them, shall be entered on the record of each county ; and all that
part or division which lies north of said line, and adjacent to Vir-
ginia, shall be a distinct county, by the name of Warren ; and all
that part or division that lies south of said line shall be a distinct
county, by the name of Franklin.

Part of Wake
added to
Franklin.

AN ACT FOR ADDING PART OF. WAKE COUNTY TO FRANKLIN COUN-
TY.

(Passed in the year 1786.)

Whereas it is represented to this General Assembly that it
would greatly add to the ease and convenience of a number of the
inhabitants of Wake county, if that part of the said county lying
east of Mockison swamp, was added to and made a part of Frank-
lin county ;

1. Be it therefore enacted^ #c, That all that part of the county
of Wake lying east of Mockison swamp, and a line running from
the head of the westernmost prong thereof a north course to the
Franklin line, be, and the same is hereby added to and made a
part of Franklin county.

BOUNDARIES OF COUNTIES.

GATES.

129

AN ACT FOR DIVIDING HERTFORD COUNTY, AND OTHER PURPOSES
THEREIN MENTIONED.

(Passed in the year 1779.)

1. Whereas by reason of the width of Chowan river, and the
difficulty of passing the same, especially in boisterous weather, it
is extremely inconvenient for the inhabitants of the northeast side
of the said river to attend courts, and other public business, as
also for the ease and convenience of the inhabitants on the north
ends of Chowan and Perquimans counties, it is necessary that the
same be divided into a separate and distinct county :

2. Be it therefore enacted , fyc., That all that part of Hertford coun- Gates erected,
ty that lies on the north side of Chowan river, and all that part of
Chowan and Perquimans counties that lies on the north side of
Catharine and Warwick creeks, and bounded as follows, that is to

say, beginning at the Virginia line, on Chowan river ; thence down
the said river to the mouth of Catharine creek ; thence up the said
creek to the mouth of Warwick creek ; thence up said creek to
the head ; thence a direct line to the head of the Indian branch, in
Perquimans county ; thence down said branch to the Great Dismal
swamp ; thence a northeast course to the Virginia line ; thence
westwardly along said line to the beginning ; and all that part of
Hertford, Chowan and Perquimans counties, included in said
lines, shall be, and is hereby established a county, by the name of
Gates.

AN ACT TO APPOINT COMMISSIONERS TO LAY OFF AND ESTABLISH
THE DIVIDING LINE BETWEEN THE COUNTIES OF CHOWAN AND
GATES.

(Passed in the year 1820.)

Whereas the dividing line between the counties of Chowan and
Gates has not heretofore been sufficiently described, either by ac-
tual survey or by known and fixed boundaries, whereby it becomes
expedient, in order to prevent disputes between the inhabitants of
said counties, that the said dividing line should be more accurately
ascertained.

1. Be it enacted, $•<;., That Ephraim Elliot, of the county of Commissioners
Chowan, and Joseph Riddick, Esquire, of the county of Gates, {m™ark the
be, and they are hereby appointed commissioners, with full power

and authority to lay off, extend and mark the line between the said
counties, due regard being had to the former reputed line.

2. Be it further enacted, That the said commissioners shall ap- Their duty.
point such surveyor, chain carriers and other attendants as shall be
necessary for the marking, extending and establishing the said line,

VOL. II. 17

130

BOUNDARIES OF COUNTIES.

and shall make or cause to be made a return of their proceedings
to each of the courts of pleas and quarter sessions of the said coun-
ties, to be deposited and kept among the records thereof, and the
said line, when so extended and laid off, shall forever thereafter be
established and confirmed as the dividing line between the said
counties.

(See Hertford, Chowan and Perquimons.)

County divid-
ed, and the up-
per part erect-
ed into a dis-
tinct county
and parish, by
the name of
Granville.

GRANVILLE.

AN ACT FOR DIVIDING EDGCOMB COUNTY AND PARISH, AND FOR
ERECTING THE UPPER PART THEREOF INTO A COUNTY AND
PARISH BY THE NAME OF GRANVILLE COUNTY, AND ST JOHN'S
PARISH ; AND FOR APPOINTING VESTRYMEN OF THE SAID PARISH.

(Passed in the year 1746.)

1 . We pray it may be enacted, And be it enacted by His Ex-
cellency Gabriel Johnston, Esq., Governor, by and with the advice
and consent of his Majesty' 's Council, and General Assembly of
this province, and by the authority of the same, That Edgcomb
county and parish be divided by a line, beginning at the mouth of
Stonehouse creek, on Roanoak river, to the mouth of Cypress
swamp, on Tar river, and from thence across the river, in a direct
course, to the Middle grounds between Tar river and Neus river,
being the dividing line between Craven and Edgcomb counties ;
and that the upper part of the said county and parish, as divided
by the line that shall be agreed on by the commissioners hereafter
named, be erected into a county, by the name of Granville county
and St John's parish : And that the said county and parish shall
enjoy as many privileges as any other county or parish in this pro-
vince holds and enjoys, save only that the said county shall send
but two representatives to sit in General Assembly.

(See Orange, Franklin and Warren.)

GREENE.

AN ACT FOR DIVIDING THE COUNTY OF JOHNSTON, AND OTHER

PURPOSES.

(Passed in the year 1758.)

1. Whereas the large extent of the county of Johnston, renders
it grievous and burthensome to many of the inhabitants thereof to
attend the courts and general musters, and other public meetings
therein :

BOUNDARIES OV COUNTIES.

131

2. Be it enacted by the Governor, Council and Assembly, and by grouty divid-
the authority of the same, That from and after the tenth day of e "
April next, the said county be divided by the dividing line between
the parish of St Patrick and the parish of St Stephen ; and that
that part of the said county which is now the parish of St Stephen,
remain, be called and known by the name of Johnston ; and that er°cted?°Un Y
that part of the said county which is the parish of St Patrick, be
thenceforth erected into a distinct county, and called and known
by the name of Dobbs.

AN ACT DIRECTING THE BOUNDARY LINE BETWEEN THE COUN-
TIES OP DOBBS AND PITT, AND APPOINTING COMMISSIONERS TO
SEE THE SAME RUN.

(Passed in the year 1764.)

1. Whereas by the act of assembly, entitled, An act for erecting
the upper part of Beaufort county into a county and parish, by the
name of Pitt county and St. Michael's parish ; and for the adjourn-
ing the court from the court house on the land of Thomas Bonner,
to the court house in Bathtown, and other purposes therein men-
tioned, no commissioners were appointed by the said act for run-
ning the boundary line between the counties of Dobbs and Pitt ;
by reason whereof the line has never been run, and the inhabitants
within the disputed bounds refuse to give in a list of their taxables
or pay their taxes in either of the said counties : For remedy
whereof,

2. Be it enacted by the Governor, Council and Assembly, and ^^3?^™
by the authority of the same, That Mr Richard Caswell, Mr dividing line.
John Simpson, and Mr William Wilson, be appointed commis-
sioners, and they are hereby empowered and required to run the

said dividing line between the counties of Dobbs and Pitt ; from
Blount's ford on Little Cotentney creek, to Luke White's, then
up the Middle swamp to William Wilson's, and from thence to
the nearest part of Edgcomb county ; which said lines, when run
by the commissioners aforesaid, or any two of them, shall be by
them entered on record in the court of each of the said counties
of Dobbs and Pitt, and shall thereafter be deemed and taken to
be the dividing lines between the said counties.

AN ACT FOR ANNEXING PART OF CRAVEN COUNTY TO DOBBS

COUNTY.

(Passed in the year 1764 )

1. Whereas the inhabitants residing in that part of Craven
county, lying on the southernmost side of the Southwest creek,
and the upper branches of Trent river, labor under great hard-
ships, fatigue and inconveniences, in attending the inferior courts,
and other public meetings in the said county, at Newbern, where the

132 BOUNDARIES OF COUNTIES.

same are generally held and called ; and as the said inhabitants are
more contiguous to Dobbs county, where they can with greater
ease and convenience attend, and are desirous of being annexed
thereto :

2. Be it enacted by the Governor, Council and Assembly, and

Commissioners^ ^e aM^or% °f ^l€ samei That Mr Joseph Leech, Mr Richard
for running the Caswell, and Mr Francis Mackilwean, be, and they are hereby
* appointed commissioners ; and they, or a majority of them, are

required and directed, within three months after the passing of this
act, to run and mark, or cause to be run and marked, a line from
the southwest bridge near James Caddell's, to Carnegy's old field,
on Rattlesnake branch ; then a direct line to William Randall's
mill, on Trent river ; then to the place where Abraham Bailey
lately lived ; and from thence south to the bounds of Onslow
county ; and that all that part of Craven county lying to the west-
ward of those lines be annexed to Dobbs county ; and the inhabi-
tants thereof shall be liable and subject to the same duties, taxes
and impositions, and entitled to the same privileges, benefits, and
advantages, as the other inhabitants of the said county of Dobbs.

AN ACT FOR DIVIDING THE COUNTY OF DOBBS.

(Passed in the year 1791.)

Whereas it is necessary for the peace and good order of the
inhabitants of the county of Dobbs, that the same should be
divided :
Glasgow and !• Beit therefore enacted, fyc. That from and after the passing
Lenoir counties of this act, the said county of Dobbs be divided, by running a
direct line from where the dividing line between the said county of
Dobbs and Wayne county crosses Bear creek, to the head of
Wheat swamp, a little above Richard Hodges's, then down said
Wheat swamp to William Killpatrick's, and from thence a direct
line to the Craven county line, opposite the mouth of Little Con-
tentnea ; and that all that part of the late county of Dobbs lying
south and southeast of the said lines, be held and deemed a distinct
county, by the name of Lenoir ; and that all the remainder of the
said late county of Dobbs, lying north and northeast of the afore-
said lines, be held and deemed a distinct county, by the name of
Glasgow.

AN ACT TO ALTER THE NAME OF GLASGOW COUNTY TO THAT OF

GREENE.

(Passed in the year 1799.)

Be it enacted, fy.c, That from and after the passing of this act
the county of Glasgow shall be called and known by the name of
Greene county.

BOUNDARIES OF COUNTIES. 133

AN ACT TO ANNEX PART OF THE COUNTY OF CRAVEN TO GREENE.

(Passed in the year 1801.)

Be it enacted, #c, That from and after the passing of this act, Par^d^aTen
all that part of the county of Craven lying in the fork of Great andGreene county.
Little Contentnea creek, shall be, and the same is hereby added
to the county of Greene to all intents and purposes whatsoever.

(See Wayne, Jones, Lenoir, Onslow and Craven.)

GUILFORD.

AN ACT FOR ERECTING A NEW COUNTY BETWEEN THE TOWNS OF
SALISBURY AND HILLSBOROUGH, BY TAKING PART OF THE COUN-
TIES OF ROWAN AND ORANGE.

(Passed in the year 1770.)

1. Whereas the great extent of the respective counties of
Rowan and Orange, renders the attendance of the inhabitants of
part of Rowan county, and the inhabitants of the upper part of
Orange county, to do public duties in their respective counties,
extremely difficult and expensive : For remedy whereof,

2. Be it enacted by the Governor, Council and Assembly, and

by the authority of the same, That a line beginning at a point erected. C°Un y
twentyfive miles due west of Hillsborough, running thence north
to the Virginia line, then west to a point due north of the Painted
Springs, then south to Anson line, then along Anson and Cumber-
land lines to a point due south of the beginning, then north to the
beginning, be erected into a distinct county by the name of Guil-
ford county and Unity parish.

(See Rowan, Orange, Anson, Cumberland, Randolph and Rockingham.)

HALIFAX.

AN ACT FOR DIVIDING EDGCOMB COUNTY.

(Passed in the year 175S.)

1. Whereas divers inconveniences attend the inhabitants of
Edgcomb county, by reason of the large extent thereof, and the
great distance that many of them live from the court house, and
other places usually appointed for public meetings :

2. Be it therefore enacted by the Governor, Council and Assem- County divid-
bly, and by the authority of the same, That from and immediately ed-

134

BOUNDARIES OF COUNTIES.

Halifax erect-
ed.

after the first day of January next ensuing, the said county of Edg-
comb be divided, by the dividing line between the parish of Edg-
comb and the parish of St Mary ; and that that part of the said
county which is now the parish of St Mary, remain, be called and
known by the name of Edgcomb county ; and that that part of the
said county which is now the parish of Edgcomb, be thenceforth
erected into one distinct county ,. and called and known by the
name of Halifax.

(See Edgcomb and Martin.)

HAYWOOD.

AN ACT ERECTING THE WEST PART OF BUNCOMBE INTO A SEPA-
RATE AND DISTINCT COUNTY, AND A PART OF BRUNSWICK AND
A PART OF BLADEN COUNTIES INTO A SEPARATE AND DISTINCT
COUNTY.

(Passed in the year 1808.)

Whereas the inhabitants in the west part of Buncombe county

Preamble. are very inconvenient to the court house in said county, which

renders the attendance of jurors and witnesses very burthensome

and expensive, and almost impossible in the winter season : For

remedy whereof,

Boundary of 1. Be it enacted, ^c, That all that part of the county of Bun-

ofeHaTwoodntycomDe' t0 Wlt : Deg'nning where the southern boundary line of this
State crosses the highest part of the ridge dividing the waters of the
French Broad from those of the Tucky Siegy river, then along the
said ridge to the ridge dividing the waters of Pigeon and the French
Broad river, then with said ridge to the top of Mount Pisgah,
thence a direct line to the mouth of the first branch emptying into
Hominy creek on the north side above Jesse Belieu's, thence
with said branch to the source, and thence along the top of the
ridge, dividing the waters of French Broad and those of Pigeon
river, to the northern boundary of this State, and with the State
line to the line which shall divide this State from the state of Geor-
gia, and with that line to the beginning, shall be and is hereby
erected into a separate and distinct county, by the name of Hay-
wood, in honor of the present treasurer of this State.

(See Buncombe and Macon.)

BOUNDARIES OF COUNTIES. 135

HERTFORD.

AN ACT FOR ERECTING PART OF THE COUNTIES OF CHOWAN, BER-
TIE AND NORTHAMPTON INTO A COUNTY AND PARISH.

(Passed in the year 1759.)

1. Whereas the large extent of the counties of Chowan, Bertie
and Northampton, renders it grievous and burthensome to many of
the inhabitants thereof to attend the courts of justice and other
public meetings, appointed therein : For remedy whereof,

2. Be it enacted by the Governor, Council and Assembly, and

by the authority of the same, That from and after the first day of Hertford c
May next, the said counties be divided, as follows, to wit : Be-ly erected,
ginning in Bertie county at the first high land on the northwest
side of Mare branch, on Chowan river pocoson ; running thence
by a direct line to Thomas Outlaw's plantation, near Stony creek ;
thence by a direct line to Northampton county line, at the planta-
tion whereon James Rutland formerly lived ; then along North-
ampton county line to the head of Beaver Dam swamp ; thence
by a direct line to the eastermost part of Kerby's creek ; thence
down the creek to Meherrin river ; then up Meherrin river to the
Virginia line ; then easterly along the Virginia line to Bennet's
creek ; then down Bennet's creek to Chowan river ; then across
the river to the mouth of the said Mare branch ; and up the
branch to the beginning : And all that part of the said counties
included within the said bounds be thenceforth erected into a dis-
tinct county and parish, and called and known by the name of
Hertford county, and parish of St Barnabas.

AN ACT FOR ALTERING THE BOUNDARY LINE BETWEEN THE
COUNTIES OF NORTHAMPTON AND HERTFORD.

(Passed in the year 1764.)

1. Be it enacted by the Governor, Council and Assembly, and
by the authority of the same, That from and after the first day of Dividing line.
March next, the dividing line between the said county of Hertford
and Northampton shall be altered as followeth, to wit : Beginning
on Kirby's creek, where the dividing line joins the said creek,
running thence up the creek to the fork thereof ; then up Turky
creek to Maple fork ; thence by a direct south course till it inter-
sects the present dividing line.

(See Chowan, Bertie, Northampton and Gates.)

136

BOUNDARIES OF COUNTIES.

HYDE.

AN ACT TO MAKE HYDE PRECINCT SEPARATE FROM BEAUFORT
PRECINCT, WITH POWER OF ERECTING A COURT HOUSE, AND
HOLDING COURTS.

(Passed in the year 1729.)

1. Whereas the precinct of Hyde being united to Beaufort
precinct, is found very inconvenient for the inhabitants of Hyde
precinct to travel to Bathtown, where the courts are now held :

2. Be it therefore enacted by HisExcellency the Palatine, and
the rest of the true and absolute Lords Proprietors of Carolina,
by and loith the advice and consent of the rest of the members of
this General Biennial Assembly, now met at Edenton,for the north-
east part of the said province, and it is hereby enacted by the author-

Hyde precinct ity of the same, That, for the future, Hyde precinct shall be sepa-
erected. rate, in all respects, from Beaufort precinct, with power of having

a court and court house erected in the said precinct, and other

powers and privileges to a precinct belonging.

AN ACT TO ADD THAT PART OF THE PROVINCE CALLED MATTA-
MUSKEET, AND LAKE, TO HYDE COUNTY.

(Passed in the year 1745.)

1. We pray it may be enacted, And it is hereby enacted,
by His Excellency GabrielJohnston, Esq., Governor, by and icith
the advice and consent of His Majesty' 's Council, and the General
Assembly of this province, and by the authority of the same, That
Mattamuskeet Mattamuskeet, and the lake thereunto belonging, shall, from hence-
Hyde county, forward, be accounted, taken, reckoned, and deemed part of Hyde
county : and that the inhabitants thereof shall be subject and liable
to the same orders, rules and taxes, as any other of the inhabitants
of the said county are, or hereafter shall be ; any law, custom or
usage to the contrary notwithstanding.

AN ACT FOR EXTENDING THE DIVIDING LINE BETWEEN THE
COUNTIES OF HYDE AND TYRREL.

(Passed in the year 1784.)

Commissioners *• Be it enacted, fyc, That Southy Rew, John Eburns, Israel
appointed to Watson, James Anderson, William Blount and Nathaniel Jones,
or any four of them, be, and they are hereby appointed commis-
sioners for the counties of Hyde and Tyrrel, and that they or any
four of them shall meet on or before the first day of December,
seventeen hundred and eighty five, and jointly proceed to run and

run the line.

BOUNDARIES OF COUNTIES.

137

mark the said line as follows : Beginning where the counties of
Beaufort, Martin and Tyrrel corner, thence a direct course to
Long Shoal river, and thence the same course continued to Pam-
lico sound.

AN ACT TO ADD A PART OF CURRITUCK COUNTY TO HYDE COUNTY.

(Passed in the year 1823.)

1. Be it enacted, <y-c, That all that part of Currituck county, ^ part of Cur-
which lies south of New inlet, be, and the same is hereby added "tuck added to

. f. TT , 7 • J Hyde county.

to the county of Hyde.

(See Beaufort, Carteret and Currituck.)

IREDELL.

AN ACT FOR DIVIDING THE COUNTY OF ROWAN.

(Passed in the year 1788.)

Whereas the extent of the county of Rowan renders it incon-
venient and troublesome to many of the inhabitants thereof to attend
the courts, annual elections, juries, and other public meetings
therein :

1. Beit enacted, fyc, That from and after the passing of this act, Division line,
the said county of Rowan shall be divided by a line beginning where
Coddle creek enters Mecklenburg, and running up the east fork of
the said creek to the road leading from Beatie's ford to Salisbury,
from thence a strait course to Alexander M'Korkle's, Sen., from
thence to the south fork of the Yadkin river, at ' the mouth of a
branch in Margaret Dobbins's meadow, and from thence due north
to the Surry line ; that all that part of the said county of Rowan Iredell county
lying westwardly of the said dividing line, shall thenceforth be erected.
erected into a new and distinct county, by the name of Iredell.

AN ACT TO ADD PART OF BURKE AND WILKES COUNTIES TO THE
COUNTY OF IREDELL.

(Passed in the year 1793.)

Whereas it is represented by petition to this General Assembly
that many of the inhabitants of Burke and Wilkes counties would
be highly benefited by being added to Iredell county :

Be it therefore enacted, fyc, That from and after the passing of Iredell county
this act, Iredell county shall be extended in the following manner, extended-
to wit : Beginning at Iredell county line on the Catawba river,

vol. n. 18

138

BOUNDARIES OF COUNTIES.

thence up said river about three miles to Uriah Davis, thence nearly
a north course about two miles to the bent on lower Little river,
in James Fox's land, thence up said river to the lower end of John
Barne's land, thence nearly a northeast course along the dividing
ridge between Grassy and Muddy forks to Iredell line between
Black Oak ridge and Brushy mountain, thence a south course along
said line to the beginning ; and all the land included by said line is
hereby annexed and added to the county of Iredell.

(See Rowan, Burke and Wilkes.)

JOHJYSTOIV.

AN ACT FOR ERECTING THE UPPER PART OF CRAVEN COUNTY
INTO A COUNTY AND PARISH, AND FOR APPOINTING A PLACE FOR
BUILDING A COURT HOUSE, PRISON AND STOCKS IN THE SAID
COUNTY.

(Passed in the year 1746.)

1. We pray that it may be enacted, And be it enacted by His
Excellency Gabriel Johnston, Esq., Governor, by and with the
advice and consent of His Majesty's Council, and General As-
sembly of this province, and it is hereby enacted by the authority of
C^ven county tjie same^ That Craven county be divided by a line, beginning at
Johnston coun- the mouth of the southwest creek, on the south side of Neus river,
ty erected. below Francis Stringer's ferry, running up the said creek as far
as the aforesaid county extends that way, and running a north line
from the mouth of the said southwest creek, as far as the county
extends northwardly ; and that the upper part of the said county
be erected into a county, by the name of Johnston county and St
Patrick's parish, as divided by a line that shall be agreed on by the
commissioners hereafter named : And that the said county and par-
ish shall enjoy all the privileges and advantages that any other county
and parish in this province holds or enjoys : save only that the said
county shall send but two representatives to sit in the General As-
sembly.

AN ACT FOR ADDING PART OF ORANGE COUNTY TO JOHNSTON
COUNTY, AND FOR ASCERTAINING THE DIVIDING LINE BETWEEN
THE SAID COUNTIES.

(Passed in the year 1761.)

1 . Be it therefore enacted by the Governor, Council and As-
sembly, and by the authority of the same, That that part of
Pan of Orange Orange county lying on Neuse river, be added to the county of
Johnston. t0 Johnston ; and be divided by a line to begin at the southwest cor-
ner of Granville county, and running thence a due south course to

BOUNDARIES OF COUNTIES.

139

Johnston or Cumberland county line, which of the said county lines
it may first intersect.

AN ACT FOR ADDING PART OF THE COUNTY OF DUPLIN TO JOHNS-
TON.

(Passed in the year 1777.)

1. Whereas the upper part of Duplin county is very extensive
in length, which renders it burthensome to the inhabitants of Johns-
ton and Cumberland counties, by reason of the said county of Du-
plin running up twenty miles between Johnston and Cumberland
counties, not more than three miles wide, which obstructs the
making of roads, and keeping them in repair, much to the injury
of the inhabitants of the aforesaid counties, and damage of travel-
lers ;

2. Be it enacted, $-c, That all that part of Duplin county, Part of Duplin

above Dismal creek, be added to the county of Johnston, and that
it be divided by said creek, beginning at the mouth of the creek,
Cumberland line, thence running up the meanders of the said creek
an east course to Johnston county line ; and that from and after
the passing of this act, all that part of Duplin county above said
creek be annexed to, and made part of the county of Johnston,
and the inhabitants thereof shall be subject and liable to the same
rules, orders, taxes and privileges as any other the inhabitants of
the county of Johnston.

(See Orange, Greenej Wake and Duplin.)

added to Jo
ton.

pan
hns-

JONES.

AN ACT FOR DIVIDING CRAVEN COUNTY INTO TWO DISTINCT
COUNTIES, AND FOR OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1 . Whereas the large extent of the county of Craven renders
the attendance of the inhabitants of the extreme parts thereof at
the court house, to perform public duties, difficult and expensive :
For remedy whereof,

2. Be it enacted, $>c, That from and after the passing of this Jones county
act, the said county of Craven shall be divided into two distinct established.
counties, by a line beginning at that part of Carteret line which

lies directly south from the. head of Reedy branch, running thence
to the head of the said branch, and so down the meanders of the
same to Trent river ; thence up Trent river to the mouth of Deep
Gully branch, to Dover or Bachelor desart ; thence up Dover or
Bachelor desart, to the plantation of Thomas Kent ; thence a di-

140 BOUNDARIES OF COUNTIES.

rect course to the Southwest bridge, at Dobbs county line ; and
that all that part of the said county of Craven which lies above or
westwardly of the said dividing line, shall be established a new and
distinct county, by the name of Jones.

AN ACT FOR ANNEXING PART OF CARTERET TO JONES, AND OTH-
ER PURPOSES.

(Passed in the year 1779.)

1. Whereas the upper part of Carteret which lies adjoining
Jones county, is much more convenient to the public buildings of
said county than to those of Carteret :
Part of Carte- 2. Be it therefore enacted, That all that part of the said county
Jonesded t0 °^ Carteret beginning in Jones county line in the head of Black
swamp, thence running down the meanders of said swamp to
White Oak river, then up the various courses of said river to the
head, thence a direct line to Jones county line, that all that part on
the north side of said White Oak river, and west of the aforesaid
swamp, shall, from and after the passing of this act, be held and
deemed part of the county of Jones, and the inhabitants thereof
shall be under the same rules and restrictions as the other inhab-
itants of Jones county are.

AN ACT TO ANNEX PART OF DOBBS COUNTY TO THE COUNTY OF

JONES.

(Passed in the year 1788.)

Whereas it is represented to the General Assembly, that it
would greatly add to the ease and convenience of a number of the
inhabitants of Dobbs county, to be added to the county of Jones :

Part of Dobbs *' ^e ^ therefore enacted, fyc, That all that part of Dobbs
annexed to county lying between the following lines, beginning at Dortche's
Jones county. mjj^ Qn Trent river, running from thence a direct line to the wid-
ow Jerman's, and from thence to Duplin line, then with the same
to Onslow line, then with Onslow line to where Dobbs and Jones
line intersects the same ; and that all that part of Dobbs between
the said lines, be and the same is hereby added to and made part
of Jones county.

AN ACT TO ANNEX A PART OF THE COUNTY OF CARTERET TO
THE COUNTY OF JONES.

(Passed in the year 1788.)

Whereas it is represented to the General Assembly, that it
would greatly add to the ease and convenience of a number of the
inhabitants of Carteret county, to be added to the county of Jones :

BOUNDARIES OF COUNTIES. 141

1. Be it therefore enacted, fyc, That all that part of Carteret Part of Carte-
county lying on the north side White Oak river and on the west Jones county?
side of Hunter's creek, be and the same is hereby annexed to and
made part of Jones county.

(See Craven, Carteret and Greene.)

LENOIR.

AN ACT FOR DIVIDING THE COUNTY OF DOBBS.

(Passed in the year 1791.)

Whereas it is necessary for the peace and good order of the
inhabitants of the county of Dobbs, that the same should be divid-
ed :

1. Be it therefore enacted, $-c, That from and after the passing
of this act, the said county of Dobbs be divided, by running a di-
rect line from where the dividing line between the said county of
Dobbs and Wayne county crosses Bear creek, to the head of
Wheat swamp, a little above Richard Hodges's, then down said
Wheat swamp to William Killpatrick's, and from thence a direct
line to the Craven county line, opposite the mouth of Little Con-
tentnea ; and that all that part of the late county of Dobbs lying Glasgow and
south and southeast of the said lines, be held and deemed a dis- Lenoir counties
tinct county, by the name of Lenoir ; and that all the remainder of [Glasgow alter-
the said late county of Dobbs, lying north and northeast of the ed. t0 Greene by
aforesaid lines, be held and deemed a distinct county, by the name itm.] a°
of Glasgow.

raven

AN ACT TO ADD PART OP THE COUNTY OF CRAVEN TO LENOIR.
(Passed in the year 1798.)

Beit enacted, fyc, That that part of the county of Craven ly- part of C
ing within the following boundaries, be annexed to the county of county ^dded
Lenoir, to wit : Beginning on the river Neuse where the dividing
line of the two counties crosses the same ; thence running down
the various courses of the river to the mouth of Stoneyton creek ;
thence up the various courses of Stoneyton creek to where the di-
viding line between the two counties crosses the same ; thence
along the same to the beginning on the river Neuse : and that the
above described part of the county of Craven be hereafter a part
of the county of Lenoir.

142

BOUNDARIES OF COUNTIES.

Part of Craven
county added
to Lenoir.

AN ACT TO ANNEX PART OF THE COUNTY OF CRAVEN TO THAT
OF LENOIR, AND FOR OTHER PURPOSES.

(Passed in the year 1804.)

Be it enacted, fyc, That from and after the passing of this act,
all that part of the county of Craven, lying in the fork of Neuse
river and Great Contentney creek, shall be and the same is hereby
added to the county of Lenoir, and shall become a part of said
county of Lenoir, to all intents and purposes whatsoever.

AN ACT TO ANNEX PART OF CRAVEN COUNTY TO THE COUNTY

OF LENOIR.

(Passed in the year 1819.)

Part of Craven Be it enacted, fyc., That all that part of Craven county lying
county added above Moseley's creek be and the same is hereby annexed to, and

shall hereafter be considered as forming part of the county of

Lenoir.

(See Greene, Jones, Duplin and Craven.)

to Lenoir.

LINCOLN.

Mecklenburg
divided, and
Tryon erected.

AN ACT FOR DIVIDING THE COUNTY OF MECKLENBURG AND OTH-
ER PURPOSES.

(Passed in the year 1768.)

1. Whereas by reason of the large extent of the county of
Mecklenburg, it is greatly inconvenient for the inhabitants to at-
tend the courts of the aforesaid county, and other public duties
by law required :

2. Be it therefore enacted by the Governor, Council and As-
sembly, and by the authority of the same, That from and after the
tenth day of April next, the said county of Mecklenburg shall be,
and is hereby divided into two distinct counties and parishes, by a
line beginning at Earl Granville's line, where it crosses the Cat-
awba river ; and the said river to be the line to the South Carolina
line ; and that all that part of the said county which lies to the
eastward of the said dividing line shall be a distinct county and
parish, and remain and be called by the name of Mecklenburg
county, and Saint Martin's parish ; and that all that part of the
county lying to the westward of the said dividing line, shall be one
other distinct county and parish, and be and remain by the name
of Tryon county, and Saint Thomas' parish.

BOUNDARIES OF COUNTIES. 143

AN ACT FOR ASCERTAINING THE BOUNDARY LINE BETWEEN THE
COUNTY OP ROWAN AND THE COUNTIES OF MECKLENBURG AND
TRYON ; AND FOR APPOINTING COMMISSIONERS TO RUN THE
SAME.

(Passed in the year 1770.)

1 . Be it enacted by the Governor, Council and Assembly, and
by the authority of the same, That Thomas Neil, Thomas Polk, Commissioners
Matthew Locke, Griffith Rutherford, and Peter Johnston, Esquires, runthedividin^
be appointed commissioners : and they, or a majority of them, are line,
hereby empowered and required to run the dividing line between
the said county of Rowan, and the counties of Mecklenburg and
Tryon ; beginning at Cold Water, where John Patterson's upper
line crosses the creek ; thence due west until it intersects the
Cherokee Indian line ; which said line, when run by the commis-
sioners aforesaid, or a majority of them, shall by them be entered
on record in the court of each of the said counties, and shall here-
after be deemed and taken to be the dividing lines between the
said counties.

AN ACT FOR DIVIDING TRYON COUNTY INTO TWO DISTINCT COUN-
TIES BY THE NAMES OF LINCOLN AND RUTHERFORD AND FOR
OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1. Whereas the large extent of the county of Tryon renders
the attendance of the inhabitants on the extreme parts of the said
county to do public duties extremely difficult and expensive : For
remedy whereof,

2. Be it enacted, fyc, That from and after the passing of this

act, the county of Tryon shall be divided into two distinct coun- divided?°Un Y

ties, by a line beginning at the south line near Broad river, on the

dividing ridge between Buffalo creek and little Broad river, thence

along the said ridge to the line of Burke county, thence along the

said line to the old Cherokee line, thence a due west course to

the top of a dividing ridge between the eastern and western wa- Lincoln and

ters, thence along the said ridge to the old line claimed by South erected.™

Carolina ; and all that part of the said county which lies on the

east side of the said line shall be called and known by the name of

Lincoln county, and all that part of the county which lies on the

other or west side thereof, shall be called and known by the name

of Rutherford county.

//

144 BOUNDARIES OF COUNTIES.

AN ACT FOR ADDING PART OF BURKE COUNTY TO LINCOLN, FOR
APPOINTING COMMISSIONERS FOR THE PURPOSE THEREIN MEN-
TIONED, AND FOR LAYING A TAX TO COMPLETE THE PUBLIC
BUILDINGS THEREIN.

(Passed in the year 1782.)

1. Whereas it hath been represented to the Assembly by the
inhabitants living in the southeast part of Burke county, that they
labor under great hardship in attending on courts and other public
meetings in the said county, from their remote situation from the
court house, and have prayed to be added to the county of Lin-
coln :
Part of Burke 2. Be it therefore enacted, fyc, That a line shall be run as
added to Lm- follows, viz. beginning at Sharrol's ford, running with the road
leading towards Henry Whitner's, as far as Matthew Wilson's,
thence a direct course to Simon Horse's, on the waters of Clark's
creek, thence a direct course to the Fish Dam ford of the south
fork of the Catawba river, between James Wilson and David
Robinson, and from thence a southwest course to Earl Granville's
old line ; and that all that part of Burke county lying southeast
of the line above described, shall henceforth be taken off from
Burke, and shall be added and remain to Lincoln county.

AN ACT FOR ALTERING THE LINE BETWEEN THE COUNTIES OF
LINCOLN AND BURKE, AND APPOINTING COMMISSIONERS TO FIX
ON A CONVENIENT PLACE IN THE SAID COUNTY OF LINCOLN,
TO ERECT THE PUBLIC BUILDINGS OF THE SAID COUNTY.

(Passed in the year 1784.)

Dividing line *• Be it enacted, fyc, That the boundary line, between the
between Burke counties of Burke and Lincoln shall hereafter be as follows, to
an mco . ^t . beginning at the horse ford on Catawba river, running thence
to John Hawnson, Hendry river, thence to William Orrson, Ja-
cob's river, and thence to the intersection of the counties of
Burke, Lincoln and Rutherford, as they now stand.

(See Mecklenburg, Burke and Rutherford.)

MACOIV.

AN ACT TO ERECT THAT SECTION OF COUNTRY COMMONLY
CALLED THE CHEROKEE PURCHASE INTO A SEPARATE COUNTY.

(Passed in the year 1828.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,

BOUNDARIES OF COUNTIES.

That all that part of Haywood county bounded as follows, viz :
Beginning on the Tennessee line, on the extreme height of the
Great Smoky mountain ; thence along the main summit of a ridge
that divides the waters of the Oconaluftee river from those of
Deep creek, to the head waters of Newton's mill creek ; thence
down the said creek to the Tuckaseega river ; thence up the main
channel of the river to the first main fork above the mouth of the
Cany fork of said river ; thence along the ridge dividing the forks
of said river to the top of the main Blue ridge, which divides the
eastern from the western waters ; thence eastwardly along the
various courses of the said Blue ridge to the South Carolina line ;
thence with the said line to Ellicott's rock on the east bank of
Chattouga river ; thence with the line dividing this State from
Georgia to the line of Tennessee ; thence along with the Ten-
nessee line to the extreme height of the Great Smoky mountain,
the point of beginning ; be, and the same is hereby erected into a
separate and distinct county, by the name of Macon, with all the
rights, privileges and immunities of the other counties of this State,

(See Haywood.)

145

MARTIN.

AN ACT FOR ERECTING PART OF THE COUNTIES OF HALIFAX
AND TYRRELL INTO ONE DISTINCT COUNTY AND PARISH.

(Passed in the year 1774.)

1. Whereas the great extent of the counties of Halifax and
Tyrrell, renders it exceedingly troublesome and expensive to
many of the inhabitants thereof to attend the courts of justice,
elections and general musters, and for the sheriffs to make public
collections : For remedy whereof,

2. Be it enacted by the Governor, Council and Assembly, and

by the authority of the same, That from and after the passing of Martin county
this act, the said counties be divided as follows, to wit : Beginning erected.
at the mouth of Kahukee creek, on Roanoke river, and running a
direct line to Edgcomb county line, where it crosses the Tar river
road that leads by Nicholas Loyd's ; thence down Edgcomb line,
to Pitt county line ; thence along Pitt line, to Beaufort county
line ; thence along Beaufort line, to the head of Welch's creek,
near Stewart Hamilton's plantation ; thence down Welch's creek
to Roanoke river ; thence up the river to the beginning ; and all
that part of the said counties, included within the said bounds, be
thenceforth erected into a distinct county and parish, and called
and known by the name of Martin county, and parish of St Martin.
VOL. II. 19

146

BOUNDARIES OF COUNTIES.

Part of Pitt
county added
to Martin.

AN ACT TO ANNEX PART OP PITT COUNTY TO THE COUNTY OF

MARTIN.

(Passed in the year 1805.)

Be it enacted, fyc, That from and after the passing of this act,
all that part of Pitt county bounded as follows, shall be annexed
to the county of Martin, viz : Beginning where the present county
line intersects the fork of Tranter's creek and Flat swamp,
thence along Flat swamp to where the present county line crosseth
said swamp ; and all that part of Pitt county lying north of the
before recited boundaries shall hereafter be part of Martin county,
and under the same rules and regulations and restrictions as the
county of Martin is or may be : Provided, nothing herein con-
tained shall prevent the sheriff of Pitt county from collecting the
taxes due him from said inhabitants, any law to the contrary not-
withstanding.

AN ACT TO ANNEX PART OP BEAUFORT TO THE COUNTY OF

MARTIN.

(Passed in the year 1816.)

Dividing line Be it enacted, fyc, That from and after the passing of this act,
foTandnMaeratin.the line' dividing the counties of Beaufort and Martin, shall run in
the following manner, viz : Beginning where the line that now
divides the said counties intersects the Bear Grass swamp, running
along the main drain of said swamp, to the main drain of Tranter's
creek, thence up the main drain of said creek to the mouth of the
Flat swamp, the present dividing line between the counties of
Martin and Pitt, any law to the contrary notwithstanding.

(See Halifax, Tyrrell, Pitt, Beaufort, Edgeomb and Washington.)

MECKLENBURG.

AN ACT FOR DIVIDING THE COUNTY OP ANSON, AND OTHER
PURPOSES.

(Passed in the year 1762.)

1. Be it enacted by the Governor, Council and Assembly, and

by the authority of the same, That from and after the first day

Anson county of February, the said county of Anson shall be, and is hereby

MVidkid' bnd^ d*v^ed mt0 two distinct counties, by a line beginning at Lord

county erected. Carteret's line, six miles northeast from Captain Charles Hart's

plantation on Buffalo creek, and to run thence to the mouth

BOUNDARIES OF COUNTIES.

147

of Clear creek, which empties itself into Rocky river, below
Captain Adam Alexander's ; and from thence due south to the
bounds of the province of South Carolina : And that all that part
of said county which lies to the eastward of said dividing line,
shall be a distinct county, and remain and be called by the name
of Anson county ; and that all that part of the said county lying
to the westward of said dividing line, shall be thenceforth one
other distinct county, and called by the name of Mecklenburg.

AN ACT FOR APPOINTING COMMISSIONERS FOR BUILDING A COURT
HOUSE, PRISON AND STOCKS FOR THE COUNTY OF TRYON, AND
FOR ESTABLISHING A BOUNDARY LINE BETWEEN THE COUN-
TIES OF TRYON AND MECKLENBURG.

(Passed in the year 1774.)

And whereas sundry disputes have arisen, relative to the boun- Boundary be-
darv line between the said county of Tryon and the county of tween the two

- comities

Mecklenburg, to prevent which for the future, Be it enacted by
the authority aforesaid, That the river Catawba be, and is hereby
declared the boundary line between the said counties.

(See Lincoln, Cabarrus and Anson.)

MONTGOMERY.

AN ACT FOR DIVIDING THE COUNTY OF ANSON INTO TWO DIS-
TINCT COUNTIES, AND OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1. Whereas the large extent of the county of Anson renders it
grievous and troublesome to many of the inhabitants thereof to at-
tend the courts, general elections, and other public meetings ap-
pointed therein :

2. Be it therefore enacted, fyc. That from and after the passing
of this act, the said county of Anson be divided by the road lead-
ing from Munro's bridge, on Drowning creek, to Colson's ferry,
to a point opposite the mouth of Rocky river ; thence running a
direct line, crossing Pee Dee river to the mouth of Rocky river ;
thence up the various courses of Rocky river to the dividing
line between the counties of Anson and Mecklenburg ; and that all
that part of the said county of Anson which lies to the north of
the said dividing line shall be erected into a new and distinct
county, by the name of Montgomery.

148 BOUNDARIES OF COUNTIES.

AN ACT TO EMPOWER THE COUNTS COURT OF PLEAS AND QUAR-
TER SESSIONS OF RICHMOND AND MONTGOMERY COUNTIES TO
APPOINT COMMISSIONERS TO ESTABLISH THE DIVIDING LINE BE-
TWEEN SAID COUNTIES.

(Passed in the year 1822.)

1. Be it enacted, fyc, That the courts of pleas and quarter ses-
sions of Richmond and Montgomery counties, be, and they are
hereby authorized, at the first court after the first day of April next,
five justices being present and consenting thereto, to appoint two
commissioners and one surveyor, in each county respectively, for
the purpose of resurveying, marking out and establishing the divi-
ding line between said counties, with as little deviation as possible
from the original dividing line ; beginning at Campbell's bridge,
(formerly Monroe's) on Drowning creek, and running to Peedee
river, at or near Colson's ferry, and passing the several water
courses at the places where the original line crossed them, respec-
tively ; and the said commissioners and surveyor shall be allowed
such compensation, per day, as the said courts may deem neces-
sary for their services ; and each county paying their own commis-
sioners and surveyor ; and when said line shall be so run and estab-
lished, it shall be thereafter considered the permanent dividing line
between said counties.

2. Be it enacted, fyc, That the said commissioners and survey-
ors shall return to the court of their respective counties a plat of
their proceedings, at the next term thereafter, designating the said
line and specifying all the remarkable places by which the same
passes, so that the same may be always identified and referred to
when necessary, which shall become a record of the said courts,
respectively.

(See Anson and Richmond.)

MOORE.

AN ACT FOR DIVIDING CUMBERLAND COUNTY INTO TWO DISTINCT

COUNTIES.

(Passed, in the year 1784-)

Countv erected *' ^e ^ enacted, fyc, That from and after the fourth day of

by the name of July next, the county of Cumberland shall be divided into two dis-

Moore. tjnct counties, by a line beginning at Cole's bridge, on Drowning

oun ary. cxeek, thence a direct line to the corner of Wake and Johnston

counties, in Cumberland line, and all that part of Cumberland lying

to the northwest of the new line, shall be a separate and distinct

county by the name of Moore county.

BOUNDARIES OF COUNTIES. 149

AN ACT TO AMEND AN ACT, ENTITLED AN ACT FOR DIVIDING THE
COUNTY OF CUMBERLAND, PASSED AT HILLSBOROUGH, LAST GEN-
ERAL ASSEMBLY, AND TO CONFIRM THE PROCEEDINGS OF THE
JUSTICES OF MOORE COUNTY, AND TO ALTER THE TIME OF HOLD-
ING THE COURTS OF SAID COUNTY.

(Passed in the year 1784.)

1. Whereas by some mistake in describing the dividing line of
the late county of Cumberland, it has been directed to be laid off
in a different manner from what was intended : For remedy whereof,

2. Be it enacted, fy-c, That the line for dividing the county of Line how to be
Cumberland shall begin at Cole's bridge, on Drowning creek, thence ru"

a direct line to the Cumberland and Chatham line, on the south side
of the river Cape Fear ; and that Thomas Armstrong, William
Seals and William Rand, or a majority of them, be, and they are
hereby appointed commissioners to appoint and agree with a sur-
veyor for the purpose of running the said dividing line ; and the
said line when so run shall be held, deemed and taken to be the
dividing line of the said county of Cumberland, and that the lower
county continue and remain by the name of Cumberland county.

3. And be it further enacted, That all that part of the county Moore county
lying to the northwest of the new line, shall be and continue byconfirmed-
the name of Moore county.

(See Cumberland.)

NASH.

AN ACT FOR DIVIDING EDGCOMB COUNTY, 'AND OTHER PURPOSES
THEREIN MENTIONED.

(Passed in the year 1777.)

1. Whereas the large extent of the county of Edgcomb renders
it grievous and troublesome to many of the inhabitants thereof to
attend the courts and general elections, and other public meetings
appointed therein :

2. Be it therefore enacted, Sfc, That from and after the present Edgcomb di-
session of Assembly, the said county of Edgcomb be divided by vided, and

a line, beginning at the Cool springs, at John Powell's, on Fishing as eiec e "
creek, thence running to the falls of Tar river, from thence to the
widow Rose's on Contentney ; and that all that part of the late
county of Edgcomb which lies to the east of the said dividing line,
shall continue and remain a distinct county, by the name of Edg-
comb ; and that all that other part of the said county of Edgcomb
which lies west of the said dividing line, shall thenceforth be erect-
ed into a new and distinct county, by the name of Nash county.

(See Edgcomb.)

150

BOUNDARIES OF COUNTIES.

NEW HANOVER.

AN ACT TO AMEND AN ACT FOR EMPOWERING THE SEVERAL COM-
MISSIONERS THEREIN AFTER NAMED, TO MAKE, MEND AND RE-
PAIR ALL ROADS, BRIDGES, CUTS AND WATER COURSES, ALREADY
LAID OUT, OR HEREAFTER TO BE LAID OUT, IN THE SEVERAL
COUNTIES AND DISTRICTS THEREIN AFTER APPOINTED, IN SUCH
MANNER AS THEY JUDGE MOST USEFUL TO THE PUBLIC, AND
OTHER PURPOSES.

(Passed in the year 1756.)

1. And whereas Bladen county extends down the northwest
river of Cape Fear, the distance of fifteen miles below the upper
bounds of New Hanover county, which makes it very inconve-
nient for the inhabitants of Bladen county to work on the public
roads in that district : For remedy whereof, Be it enacted by the
authority aforesaid, That a northeast line be run directly from,
and opposite the mouth of Levingston's creek, to Black river,
then down the said river to the mouth thereof, and then up the
Part of Bladen Northwest river to the mouth of the said creek ; and all the lands
toUNewaHan- within the said bounds are hereby annexed to the county of New
over. Hanover, and shall hereafter be deemed and held to be within the

limits of the same, and make part of the northwest district of New
Hanover county ; and the inhabitants thereof subject and liable to
such duties, taxes and impositions, and also entitled to the rights,
privileges and advantages as the other inhabitants of the said coun-
ty are.

(No other part of this act is in force.)

Part of Bruns-
wick added to
New Hanover.

AN ACT TO ANNEX PART OF BRUNSWICK COUNTY TO THE COUN-
TY OF NEW HANOVER.

(Passed in the year 178S.)

Whereas it is represented to the General Assembly, that the
inhabitants of Brunswick county, who reside in the fork of Black
river and the northwest branch of Cape Fear river, suffer many
inconveniences in performing their public duties, having to cross
the Northwest river, which in time of freshes is difficult, if not
impracticable : For remedy whereof,

1. Be it enacted, fyc., That from and after the passing of this
act, all that part of the county of Brunswick which lies in the
fork of Black river and the Northwest, as far as the Bladen
line, shall hereafter be annexed to the county of New Hanover.

BOUNDARIES OF COUNTIES.

151

AN ACT TO ANNEX SMITH'S ISLAND, AT THE MOUTH OP CAPE FEAR
RIV ER, TO BRUNSWICK COUNTY, AND PART OF EAGLE'S ISLAND
TO THE COUNTY OF NEW HANOVER.

(Passed in the year 1809.)

2. And be it further enacted. That all that part of Eagle's And part of
island, on the east side thereof, as conveyed and described in ^New Han-d
deeds recorded in the register's office of New Hanover county, over.
from John Watson to Michael Higgins and Caleb Grainger, in-
cluding the ground up to the thoroughfare as mentioned therein,
running down to the entrance thereof into the Northeast river, and
down the same to the beginning, described in said deed to Higgins,
or so far as the wharves, for the purpose of carrying on commerce,
opposite the town of Wilmington, now are, or hereafter may be
erected, and running back with the lines designated in said deeds
from Watson to Higgins and Grainger, being fourteen hundred and
eightyfive feet, or thereabouts, back from the river, shall be, and
the same is hereby taken from the county of Brunswick, and an-
nexed to the county of New Hanover.

(See Duplin, Brunswick, Sampson and Onslow.)

NORTHAMPTON.

AN ACT FOR ERECTING THE UPPER PART OF BERTIE COUNTY INTO
A COUNTY, BY THE NAME OF NORTHAMPTON COUNTY; AND FOR
REGULATING THE LIMITS BETWEEN SOCIETY PARISH, AND THE
NORTHWEST PARISH OF BERTIE ; AND FOR REMOVING THE SEAT
OF BERTIE COUNTY COURT.

(Passed in the year 1741.)

1. We pray that it may be enacted, And be it enacted by His
Excellency GabrielJohnston, Esq., Governor, by and with the ad-
vice and consent of His Majesty's Council, and General Assembly
of this province, and it is hereby enacted by the authority of the
same, That that part of Bertie county, which lieth north and west Norttiampton
of Sandy run, and in a direct line from the head of the said run,
to the head of the Beaver Dam swamp, and Meherrin creek and
river, be and is hereby erected into a county, by the name of
Northampton county ; and that the said bounds shall, hencefor-
ward, be the limits between Society parish, and the northwest
parish of Bertie.

(See Bertie, Hertford and Warren.)

152 BOUNDARIES OF COUNTIES.

ONSLOW.

AN ACT TO CONFIRM AND ESTABLISH THE PRECINCTS OF ONSLOW
AND BLADEN, AND FOR APPOINTING THEM DISTINCT PARISHES.

(Passed in tbe year 1734.)

1. Whereas by an act, entitled, An act for regulating vestries in
this government, and for the better inspecting vestrymen and
churchwarden's accompts of each and every parish in this govern-
ment, it is enacted, that the southern part of this province shall be
erected into a precinct, by the name of New Hanover precinct,
and bounded to the northward by the Haul-over and Little inlet,
and to the southward by the southernmost bounds of the province ;
and as the precinct of New Hanover is now become very popu-
lous, and the extent thereof being found too incommodious to ma-
ny of the inhabitants thereof, particularly those of New river, and
the upper part of the Northwest river :

2. We therefore pray that it may be enacted, And be it enacted
by His Excellency Gabriel Johnston, Esquire, Governor, by and
with the advice and consent of His Majesty's Council, and Gene-
ral Assembly of this province, and it is hereby enacted by the au-

Onslow pre- thority of the same, That a precinct be erected at New river, by
cinct erected, the name of Onslow precinct ; and that the said precinct be bound-
ed to the northward by White Oak river, from the mouth to the
head thereof ; and to the southward, by a creek that comes out of
the sound, and comes across New river road, called the Bay
swamp, or Beasley's creek.

(See New Hanover, Bladen and Duplin.)

ORANGE.

AN ACT FOR DIVIDING PART OF GRANVILLE, JOHNSTON AND BLA-
DEN COUNTIES, INTO A COUNTY AND PARISH, BY THE NAME OF
ORANGE COUNTY, AND THE PARISH OP ST MATTHEW; AND FOR
APPOINTING VESTRYMEN FOR THE SAID PARISH, AND OTHER
PURPOSES THEREIN MENTIONED.

(Passed in the year 1752.)

1. We pray that it may be enacted, And be it enacted by His
Excellency Gabriel Johnston, Esq., Governor, by and with the
advice and consent of His Majesty's Council, and General Assembly
of this province, and it is hereby enacted by the authority of the same,
Orange county That the upper part of Granville, Johnston and Bladen counties,
erected. ^g erected into a county and parish, by the name of Orange coun-

ty, and the parish of St Matthew : and be divided by a line, be-

BOUNDARIES OF COUNTIES.

ginning on the nearest part on the Virginia line to Hico creek,
thence a direct line to the Bent of Eno river, below the Occane-
chas, near the plantation where John Williams now dwelleth ;
thence down the south side of Eno river, to Neuse river ; thence
down Neuse river, to the mouth of Horse creek ; thence a direct
line to the place where Earl Granville's line crosses Cape Fear
river ; thence along the said line to the eastern bounds of Anson
county ; thence along the dividing line of Anson county, to the
end thereof ; and that the upper parts of the said counties be di-
vided and run accordingly, by the commissioners hereinafter ap-
pointed : and that the said county and parish shall enjoy all and
every the privileges which any other county or parish in this pro-
vince holds or enjoys.

153

AN ACT TO AMEND AN ACT, ENTITLED, AN ACT FOR DIVIDING
PART OF GRANVILLE, JOHNSTON AND BLADEN COUNTIES, INTO
A COUNTY AND PARISH, BY THE NAME OF ORANGE COUNTY,
AND THE PARISH OF ST MATTHEW, AND FOR APPOINTING VES-
TRYMEN FOR THE SAID PARISH, AND OTHEii PURPOSES THEREIN
MENTIONED.

(Passed in the year 1753.)

1. Whereas it is found to be more convenient to the inhabitants
of the said county to have the lines mentioned in the abovesaid
act, to run from the nearest part of the Virginia line to Hico creek,
in a direct line to the bent of Eno river, below the Occanechas,
and from thence down the Eno river, to Neuse river, and from
thence down Neuse river, to the mouth of Horse creek, altered
by a line to be run, beginning on the Virginia line, twenty miles
west of Granville court house, running thence a south course to
Neuse river, thence bounded by the said river to the mouth of
Horse creek ; and that the jurors directed by the said act to at-
tend the general court of Newbern, should be returnable, and at-
tend the court of assize, in Edgcomb county :

2. We pray that it maybe enacted, And be it enacted by the Boundary lines
Honorable Matthew Rowan, Esq., President and Commander-in- of rj?™88
chief of this province, by and with the advice and consent of His
Majesty's Council, and the General Assembly of this province,

and it is hereby enacted by the authority of the same, That in-
stead of the lines mentioned in the above recited act, to be run
from the nearest part of the Virginia line to Hico creek, in a di-
rect line to the bent of Eno river, below the Occanechas, and
from thence down the Eno river to Neuse river, at the mouth of
Horse creek, a line shall be run, beginning on the Virginia line,
twenty miles west of Granville court house, running thence a south
line to Neuse river, and thence bounded by the said river to the
mouth of Horse creek.

(See Granville, Johnston, Bladen, Anson, Cumberland, Wake, Guilford, Chatham and
Caswell.)

vol. ii. 20

154 BOUNDARIES OF COUNTIES.

PASQUOTANK.

(See Tyrrell and Camden.)

PERQUIMONS.

AN ACT TO APPOINT COMMISSIONERS TO LAYOFF AND ESTABLISH
THE DIVIDING LINE BETWEEN THE COUNTIES OF PERQUIMONS
AND GATES.

(Passed in the year 1829.)

Whereas the dividing line between the counties of Perquimons
and Gates have not heretofore been sufficiently described, either
by actual surveys, or by known and fixed boundaries, whereby it
becomes expedient, in order to prevent disputes between the in-
habitants of said counties, that the said dividing line should be
more accurately ascertained and laid off:
Commissioners 1# fie n therefore enacted, &-c, That Willis Riddick and

lor running tiie . ,

line. Langley Billups, of the county of Perquimons, and Joseph Gor-

don and Joseph Riddick, of the county of Gates, be and they are
hereby appointed commissioners with full power and authority to
lay off, extend and mark the line between the said counties, due
regard being had to the former reputed line.

Their duty. 2. And be it further enacted. That the said commissioners shall

appoint such surveyor, chain carriers and other attendants, as shall
be necessary for the marking, extending and establishing the said
line, and shall make, or cause to be made, a return of their pro-
ceedings to each of the courts of pleas and quarter sessions of the
said counties, to be deposited and kept among the records thereof,
and the said lines, when so extended, and laid off, shall forever
thereafter be established and confirmed, as the dividing line be-
tween the said counties.

(See Gates and Chowan.)

PERSON.

AN ACT FOR DIVIDING CASWELL COUNTY.
(Passed in the year 1791.)

1. Be it enacted, fyc, That from and after the first day of Feb-
ruary next, the county of Caswell shall be equally divided by a line
already run, beginning on the Virginia line, and running from
thence south to the line of Orange county.

BOUNDARIES OF COUNTIES. 155

2. And be it further enacted, That all that part of said county Caswell comity
lying west of the line aforesaid, including the four western districts, Person erected,
shall continue and remain a distinct county by the name of Cas-
well ; and that all that part lying east of said line including the
four eastern districts, shall be erected into another distinct county
by the name of Person,

(See Caswell.)

PITT.

AN ACT FOR ERECTING THE UPPER PART OF BEAUFORT COUNTY
INTO A COUNTY AND PARISH. BY THE NAME OF PITT COUNTY,
AND ST MICHAEL'S PARISH, AND FOR ADJOURNING THE COURT
FROM THE COURT HOUSE, ON THE LAND OF THOMAS BONNER, TO
THE COURT HOUSE IN BATH TOWN; AND OTHER PURPOSES THERE-
IN MENTIONED.

(Passed in the year 1760.)

1. Whereas the large extent of the county of Beauforl renders
it grievous and burthensome to the inhabitants thereof to attend the
courts, general musters, and other public meetings appointed there-
in :

2. Be it therefore enacted by the Governor, Council and Assem-
bly, and by the authority of the same, That from and after the first Pitt county-
day of January next, the upper part of the said county of Beau- erected-
fort, beginning at the line between the said county and Tyrrel,
running south southwest to Cherry's run, where the main road
crosses the said run ; thence down the said run to Tranter's

creek ; thence down the said creek to Pamplico river ; thence
down the said river to the Fork point, on the south side of said
river ; thence up Chocowinity bay and creek to the head thereof;
thence south southwest to the dividing line of the said county and
Craven ; thence along the dividing lines of Craven, Dobbs, Edg-
comb and Tyrrel ; so that all that part of Beaufort county to the
westward of Cherry's run, Chocowinity bay and creek, shall, and
is hereby declared to be a separate county and parish, and shall
be called and known by the name of Pitt county and St Michael's
parish, with all and every the rights, privileges, benefits and ad-
vantages, whatsoever, which any other county or parish within this
province can, shall, or may lawfully hold, use or enjoy.

AN ACT FOR ANNEXING PART OF THE COUNTY OF CRAVEN TO

PITT COUNTY.

(Passed in the year 17SG.)

Whereas many of the inhabitants of the county of Craven have
petitioned to be annexed to the county of Pitt :

1. Be it therefore enacted, fyc, That from and after the passing Division line.

156 BOUNDARIES OF COUNTIES.

of this act, all that part of the county of Craven, included in the
following bounds, beginning at the Pitt line where Creeping swamp
intersects the same, thence down the run or middle of the said
swamp to the run or middle of the Clayroot swamp, thence down
the run of the said Clayroot swamp to the run of Swift's creek
swamp, thence up the run of the same to Isaac Gardner's ford
or path across the same, thence a direct line to the lower land-
ing on Grindal creek, which is in about half a mile of the said
creek, thence down the said Grindal creek to the river Neuse,
thence up the meanders of the said river Neuse to the mouth
of Great Cotentney creek, thence up the said creek to the
mouth of Little Cotentney creek, then up the same to the line of
the county of Pitt, be, and the same is hereby annexed to, and
shall be and remain a part of the county of Pitt.

(See Beaufort, Greene, Edgcomb and Martin.)

RANDOLPH.

AN ACT FOR DIVIDING THE COUNTY OF GUILFORD INTO TWO DIS-
TINCT COUNTIES AND OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1 . Whereas the large extent of the county of Guilford renders
it grievous and troublesome to many of the inhabitants thereof to
attend the courts, general musters, elections, and other public
meetings :

Guilford county 2. Be it therefore enacted, $-c, That from and after the passing
divided. of this act, the said county of Guilford be divided into two sepa-

rate and distinct counties, beginning on the Anson line, at the
corner of Rowan ; thence running north twentyeight miles ; then
east, to the Orange line ; and all that part of the said county of
Randolph Guilford that lies south of the aforesaid line, shall continue to re-
erected, main a distinct and separate county, by the name of Randolph.

(See Guilford.)

RICHMOND.

AN ACT FOR DIVIDING ANSON COUNTY, AND OTHER PURPOSES.
(Passed in the year 1779.)

1. Whereas the large extent of the county of Anson, together
with the difficulty of crossing the river Pee Dee, especially when
waters are high, renders it grievous and troublesome to many of

BOUNDARIES OF COUNTIES.

157

the inhabitants to attend the courts, general musters, elections, and
other public meetings appointed therein ;

2. Be it therefore enacted, <y-c, That from and after the pass-
ing of this act, the said county of Anson be divided into two sep-
arate and distinct counties, and that the river Pee Dee be the di-
viding line ; and that all that part of Anson that lies on the south-
west side of the river Pee Dee, shall be, continue and remain, a
distinct county, by the name of Anson; and that all that other
part of the county of Anson that lies on the northeast side of said erected.
river, shall thenceforth be erected into a new and distinct county,
by the name of Richmond county.

(See Anson and Montgomery.)

ROBESON.

AN ACT FOR DIVIDING THE COUNTY OF BLADEN.
(Passed in the year 1786.)

Wheareas the extent of the county of Bladen, and different
water courses in the same, render it inconvenient and troublesome
to many of the inhabitants thereof to attend the courts and general
elections, and other public meetings appointed therein ;

1. Beit enacted, fyc, That from and after the passing of this
act, the said county of Bladen be divided as follows : Beginning on Division line.
Drowning creek where South Carolina line crosses said creek,
thence up said creek to the mouth of the Great swamp, thence a
direct line to a point on the main road five miles westwardly of
the bridge on said Great swamp as the road now runs, thence run-
ning a straight line to Cumberland county, touching at Stewart's
mills, on Rockfish ; and all that part of the late county of Bla-
den lying east of said line, shall continue and remain a distinct
county by the name of Bladen ; and all that other part of the
said county of Bladen lying west of said line, shall thenceforth be SeT C°umy
erected into a new and distinct county, by the name of Robeson.

AN ACT TO ANNEX PART OF BLADEN COUNTY TO ROBESON COUN-
TY, AND TO AMEND AN ACT ENTITLED, AN ACT TO DIVIDE THE
COUNTY OF BLADEN.

(Passed in the year 1788.)

Whereas it is represented to this General Assembly that all that
part of the inhabitants west of the Great swamp in Bladen county,
are inconveniently situated to attend the public meetings at the
court house in the said county, and petitions to be added to the

158

BOUNDARIES OF COUNTIES.

county of Robeson ; which would be productive of many advan-
tages, by enabling them to keep in repair certain roads crossing
the Great swamp, and also to attend the courts of Robeson county
with much convenience, to which they should belong by a natural
boundary :
Pan of Bladen \m Be it therefore enacted, fyc, That from and after the passing
Robeson. of this act, all that part of the county of Bladen west of the Great

swamp, be and the same is hereby annexed to and shall remain
part of the county of Robeson ; and that the dividing line between
the said two counties shall be and forever remain as herein
described, viz. : Beginning at the line dividing this State from
South Carolina, where it crosses Drowning creek, and the said
Drowning creek to be the line (as it now is) to the mouth of the
aforesaid Great swamp, thence up the meanders of the east side
of the said swamp to the head thereof, commonly called the Gal-
berry, and thence a direct line to the head of Gilley's branch, and
down the meanders of said branch to Rockfish creek, and thence
to the nearest point to the Cumberland line.

(See Bladen and Cumberland.)

ROCKINGHAM.

AN ACT FOR THE DIVIDING THE COUNTY OF GUILFORD.

(Passed in the year 1785.)

Division line to 1. Be it enacted, fyc, That from and after the passing of this
act, the said county of Guilford be divided by an east and west line,
beginning at Haw river bridge, near James Martin's ; and that all
that part of the late county of Guilford which lies to the south of
the said line, shall continue and remain a distinct county by the
name of Guilford ; and all that other part of the said county of

Rockingham Guilford which lies north of the said dividing: line, shall thence-

6sta.blislied •

forth be erected into a new and distinct county by the name of
Rockingham.

ROWAN.

AN ACT FOR ERECTING THE UPPER PART OF ANSON COUNTY INTO
A COUNTY AND PARISH, BY THE NAME OF ROWAN COUNTY AND
ST LUKE'S PARISH ; AND FOR APPOINTING A PLACE FOR HOLDING
A COURT IN THE SAID COUNTY.

(Passed in the year 1753.)

2. We pray it may be enacted, Jlnd be it enacted, by
the Honorable JVIatthew Rowan, Esq., President, by and with
the advice and consent of His Majesty's Council, and the General

BOUNDARIES OF COUNTIES.

159

Assembly of this province, and by the authority of the same, That Rowan county
Anson county be divided by a line, to begin where Anson line was erecte
to cross Earl Granville's line, and from thence, in a direct line,
north, to the Virginia line ; and that the said county be bounded
to the north by the Virginia line, and to the south by the southern-
most line of Earl Granville's land : and that the upper part of the
said county, so laid off and divided, be erected into a county and
parish, by the name of Rowan county and St Luke's parish ; and
that all the inhabitants to the westward of the said line, and
included within the before mentioned boundaries, shall belong and
appertain to Rowan county : and that the said county and parish
shall enjoy all and every the privileges, which any other county in
this province holds or enjoys.

(See Cumberland, Guilford, Lincoln, Surry, Burke, Iredell and Davidson )

RUTHERFORD.

AN ACT FOR DIVIDING TRYON COUNTY INTO TWO DISTINCT
COUNTIES, BY THE NAMES OF LINCOLN AND RUTHERFORD, AND
FOR OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1. Whereas the large extent of the county of Tryon renders
the attendance of the inhabitants on the extreme parts of the said
county to do public duties extremely difficult and expensive : For
remedy whereof,

2. Be it enacted, fyc, That from and after the passing of this Tryon county
act, the county of Tryon shall be divided into two distinct coun- divided,
ties, by a line beginning at the south line near Broad river, on the
dividing ridge between Buffalo creek and Little Broad river, thence

along the said ridge to the line of Burke county, thence along the
said line to the old Cherokee line, thence a due west course to the
top of a dividing ridge between the eastern and western waters,
thence along the said ridge to the old line claimed by South Car- . ,
olina ; and all that part of the said county which lies on the east Rutherford
side of the said line shall be called and known by the name oferected-
Lincoln county, and all that part of the county which lies on the
other or west side thereof, shall be called and known by the name
of Rutherford county.

AN ACT TO ANNEX PART OF THE COUNTY OF BURKE TO RUTH-
ERFORD COUNTY.

(Passed in the year 17S6.)

Whereas by reason of a ledge of mountains that divide the waters
of first Little Broad river from the waters of Silver and Cain

160

BOUNDARIES OF COUNTIES.

Part of Burke
added to Ruth-
erford.

creeks, it is extremely difficult for the inhabitants on the south side
of the said ledge to attend at the court house of the county of
Burke ; And whereas the inhabitants on the south side of the ledge
aforesaid, have signified their desire to be annexed to the county
of Rutherford :

1. Be it therefore enacted, fyc, That from and after the passing
of this act, all that part of the county of Burke lying to the south-
east of the aforesaid mountains so as to include all the waters of
first Little Broad river, shall be, and the same is hereby annexed
to and declared to be within the county of Rutherford. Provided
nevertheless, That nothing herein contained shall be construed to
debar the sheriffs or other collectors of public taxes for the county
of Burke, from collecting all moneys that may be due at this time
in that part of the said county, which is by this act annexed to the
county of Rutherford ; any law, usage or custom to the "contrary
notwithstanding.

Part of Burke
county added
to Rutherford.

AN ACT TO ANNEX PART OF THE COUNTY OF BURKE TO THE
COUNTY OF RUTHERFORD.

(Passed in the year 1807.)

Be it enacted, fyc, That from and after the passing of this act,
the dividing line between the said counties of Burke and Ruther-
ford, shall begin at a white oak tree that stands near the forks of
the public road above James Jones's, in the line heretofore run
between said counties, and the public road that leads up second
Broad river shall be the line between the said counties as far as
Joseph Goodbread's, thence a southwest course to the dividing
ridge that divides the waters of Cove and Crooked creeks, thence
the ridge that divides the waters of Catawba and Broad rivers, to
the Buncombe county line. And the line as herein mentioned
shall be the dividing line between the said counties of Burke and
Rutherford ; any law, usage or custom to the contrary notwith-
standing.

The line be-
tween the
counties of
Burke and
Rutherford.

AN ACT TO AMEND AN ACT PASSED IN THE YEAR 1807, ENTITLED
" AN ACT TO ANNEX PART OF THE COUNTY OF BURKE TO THE
COUNTY OF RUTHERFORD."

(Passed in the year 1809.)

1. Be it enacted, #c, That a line shall extend from the White
Oak mentioned in the above recited act, on the old east and west
line, to a stake ; thence crossing Little Rock creek, to the south
side of the tract whereon widow Smith lives ; thence crossing
Big Rock creek, to the north side of Moses Black's buildings ;
thence to a place called the Dye Stone ; thence to the north side
of Levi Trout's buildings ; thence between the plantations of Per-
minter Morgan and Henry Carter, to the south side of the tract

BOUNDARIES OF COUNTIES.

of William Morris, senior ; thence with a spur of the mountain,
to the dividing ridge between Crooked creek and Montford's cove
creek, to the Hickory Nut mountain ; thence along the ridge to
the Round mountain ; thence due west to the Buncombe line ;
and all that part lying northwardly of said line, be, and the same
is hereby declared to be in the county of Burke, and the part
southwardly thereof shall continue, as heretofore, within the county
of Rutherford, any law to the contrary notwithstanding.

(See Lincoln, Burke and Buncombe.)

161

;on coun-

SAMPSON.

AN ACT FOR DIVIDING DUPLIN COUNTY.

(Passed in the year 1784.)

Be it enacted, fyc, That from and after the passing of this act the Sampson
said county of Duplin shall be divided into two distinct counties, ty erected.
by a line beginning on the line that divides Duplin from New
Hanover county, where the main road crosses Bulltail, a branch
of Rockfish creek ; and running thence a straight line to the lower
bridge on Stewart's creek, from thence a direct line to Goshen
swamp at the mouth of Young's swamp, thence due north to the
Wayne line ; and all that part of the said county of Duplin which
lies west of the above line, shall be established into a separate and
distinct county by the name of Sampson.

AN ACT TO ANNEX PART OF THE COUNTY OF NEW HANOVER TO
SAMPSON COUNTY.

(Passed in the year 1795.)

1. Be it enacted, #•<;., That from and after the passing of this part of New-
act, all that part of New Hanover county lying west of a line be- Hanover added
ginning where the Sampson county line crosses Black river, thence t0 SamPson-
down said river to Benjamin Robertson's lower mill branch,
thence a direct course to Stewart's ferry on South river, and
thence up the same to the point of beginning in Sampson line
aforesaid, be and the same is hereby annexed to the county of
Sampson, and shall to all intents and purposes be considered as a
part thereof.

(See Duplin and New Hanover.)

VOL. II. 21

162

BOUNDARIES OF COUNTIES.

Division of
Surry.

Stokes county
erected.

STOKES.

AN ACT FOR DIVIDING THE COUNTY OF SURRY INTO TWO DIS-
TINCT COUNTIES, AND FOR OTHER PURPOSES.

(Passed in the year 1789.)

Whereas the large extent and inconvenient situation of the
county of Surry, render the attendance of the inhabitants of the
extreme parts at courts, elections and general musters, difficult
and expensive : for remedy whereof, and to gratify the wishes of
the good people of the said county :

1. Be it enacted, fy-c, That from and after the passing of this
act, the county of Surry shall be divided into two distinct coun-
ties, by a line beginning on the line dividing this State from the
state of Virginia, at a point equidistant from the nearest parts of
the counties of Rockingham and Wilkes, and running from thence
until it intersects the Rowan county line, so as to leave an equal
number of acres in each county.

2. And be it further enacted, fyc, That all that part of the said
county, lying west of said line, shall be erected into a distinct
county by the name of Surry county ; and all that part lying east
of said line, shall be erected into another distinct county by the
name o[ Stokes county.

(See Surry and Rowan.)

SURRY.

Surry county
erected.

AN ACT FOR DIVIDING THE NORTHERN PART OF ROWAN COUNTY
AND ERECTING A NEW COUNTY AND PARISH, BY THE NAME OF
SURRY COUNTY AND ST JUDE'S PARISH.

(Passed in the year 1770.)

1 . Be it enacted by the Governor, Council and Assembly, and
by the authority of the same, That from and after the first day of
April next, the said county of Rowan be divided by a line, be-
ginning at a point fortytwo miles north of Earl Granville's line, on
Guilford county line ; thence running north to the Virginia line ;
thence westwardly along the mountains to the ridge that divides
the waters of Yadkin and the Catawba rivers ; thence along the
said ridge to the northwest corner of Rowan county ; then east
along Rowan county line to the beginning, be thenceforth erected
into a distinct county and parish by the name of Surry county and
St Jude's parish.

BOUNDARIES OF COUNTIES. 163

AN ACT FOR ANNEXING THE NORTH PART OF ROWAN TO THE
COUNTY OF SURRY; AND THE FURTHER ESTABLISHING AND
ERECTING THE PARISH OF DOBBS INTO A SEPARATE AND DIS-
TINCT PARISH.

(Passed in the year 1773.)

1. Whereas the inhabitants of the north part of Rowan county
labor under great inconveniences in attending the courts and other
public meetings, at the court house of the said county ; and as it
would be much more convenient for them to attend public business
in the county of Surry, are desirous of being annexed thereto ;
and as by an act, entitled, An act for erecting that part of Rowan
county called Wachovia into a distinct parish, the tract of land, for-
merly in the county of Rowan, called and named Wachovia, belong-
ing to the unitas fratrum, (or united brethren,) according to the
known boundaries and limits thereof, was erected into a parish, dis-
tinct and separate from the parish of St Luke, in the said county, and
called by the name of the parish of Dobbs, and were intended to hold,
use and exercise the like authorities and powers, and possess and
enjoy the same immunities and other privileges as other parishes in
this province ; and as by an act for dividing the northern part of Row-
an county, and erecting a new county and parish, by the name of
Surry county, and St Jude's parish, the dividing lines between the
counties of Rowan and Surry ran through the said parish of Dobbs,
by which means part of the said parish was left in each of the said
counties, from which great inconveniences arise to the inhabitants
of the said parish :

2. Be it therefore enacted by the Governor, Council and Jls~

sembly, and by the authority of the same, That from and after Fi*H ,°; R°wan

i • c i • i i- -j- i- i i • .added to Surry

the passing ot this act, the dividing line between the counties ot county.
Rowan and Surry shall begin at a point in the line dividing Rowan
and Guilford counties, thirtysix miles north from the southeast
corner of Rowan, thence running a due west course to the ridge
dividing the waters of the Yadkin and Catawba rivers, which line
is to be parallel to Earl Granville's south boundary line (excepting
where the bounds of the parish of Dobbs interfere, which parish
is hereby intended and declared to be included in Surry county)
and by the said dividing ridge and the mountains to the Virginia
line ; and all that part bounded to the northward by the line before
described to be marked, shall be, and is hereby annexed to, and
made part of Surry county.

3. And be it further enacted by the authority aforesaid, That that Wachovia add-
part of Rowan county, and parish of Dobbs, which by the divi- ed t0 riuiry-
sion of Rowan and Surry counties fell into Rowan county, be

added to Surry county as aforesaid ; so that all that original tract
of land called Wachovia, or Dobb's parish, according to the
known bounds and limits thereof, be made part of Surry county,
and be and remain one entire parish as before, distinct and separate
from the parish of St Jude, and any other parish whatever, and be
entitled to use, hoid, and exercise the like authorities and powers,
and possess and enjoy the same immunities, and other privileges,
as other parishes in this province.

164 BOUNDARIES OF COUNTIES.

AN ACT FOR THE BETTER REGULATION OF THE TOWN OF ROCK-
FORD, IN THE COUNTY OF SURRY, AND FOR ADDING PART OF
WILKES TO SURRY COUNTY.

(Passed in the year 1792.)
(All, except the third section, unnecessary to be inserted.)

3. And whereas the inhabitants of Wilkes county, living on the
head of Mitchell's and Fishe's rivers, are much more convenient
4o the court house in the county of Surry than to Wilkes court
house, and have requested their representatives in General Assem-
bly to have them annexed to the county of Surry :
Part of Wilkes Be it therefore enacted, 4*-c, That from and after the passing of
added to Surry this act, that all that part of Wilkes county that lies east of the fol-
county. lowing line, shall be, and the same is hereby annexed to the county

of Surry ; beginning on the line that divides Wilkes and Surry
counties, where the ridge that divides the waters of Mitchell's river
from those of Elkin, thence along the said ridge to the extreme
height of the Appalachian mountain, then along the extreme height
of the said mountain to the Virginia line.

AN ACT FOR ADDING PART OF THE COUNTY OF STOKES TO THE
COUNTY OF SURRY.

(Passed in the year 1796.)

p t f tne 1- Be it enacted, tyc, That from and after the passing of this

county of act, all that part of the county of Stokes lying south of the Yadkin
stokes added river5 be an(j the same is hereby added to the county of Surry, to
all intents and purposes whatsoever ; but nothing herein contained
shall prevent any sheriff, or other collector of any public or county
tax, from proceeding to the collection thereof, in the same manner
and under the same restrictions as if this act had never passed, any
thing to the contrary notwithstanding.

(See Rowan, Guilford and Stokes.)

TYRRELL.

AN ACT TO APPOINT THAT PART OF ALBEMARLE COUNTY, LYING
ON THE SOUTH SIDE OF ALBEMARLE SOUND AND MORATTUCK
RIVER, AS HIGH AS THE RAINBOW BANKS, TO BE A PRECINCT,
BY THE NAME OF TYRRELL PRECINCT.

(Passed in the year 1729.)

1. Whereas that part of Albemarle county, lying on the south
side of Albemarle sound, and Morattuck river, as high as the Rain-
bow banks, includes part of the several precincts hereafter named,
viz : Chowan, Pasquotank, Bertie, and Currituck ; and whereas

BOUNDARIES OF COUNTIES. 165

the great width of the said sound, and also the great distance from
the several precinct courts, renders it almost impracticable for the
inhabitants of those parts to attend their courts as aforesaid :

2. Wherefore be it enacted by His Excellency the Palatine, and
the rest of the true and absolute Lords Proprietors of the province of
Carolina, by and with the advice and consent of the rest of the
members of this present General Assembly, now met at Edenton,
for the northeast part of the said province, and by the authority of
the same, That that part of Albemarle county, lying on the south erected
side of Albemarle sound, and Morattuck river, being part of the
several precincts before mentioned, bounded to the westward by
Thomas Hoskin's upper line, beginning at his upper corner tree,
on Rainbow banks, on Morattuck river, and by aline running south
from his outer corner tree, to the southward by the bounds of
Albemarle county, to the eastward by the sound, between Roan-
oak island, and Croatan, and to the northward by Albemarle
sound and Morattuck river, as high as the Rainbow banks, in
Morattuck river, shall be, and the same is hereby declared to be
erected into a precinct, by the name of Tyrrell precinct, in Albe-
marle county, with all and every the rights, privileges, and other
benefits and advantages whatsoever, which any other precinct in
Albemarle county can or may have, use, or enjoy.

(See Beaufort, Halifax, Martin, Hyde and Washington.)

WAKE.

AN ACT FOR ERECTING PART OF JOHNSTON, CUMBERLAND AND
ORANGE COUNTIES, INTO A SEPARATE AND DISTINCT COUNTY,
BY THE NAME OF WAKE COUNTY AND ST MARGARET'S PARISH.

(Passed in the year 1770.)

1. Whereas the large extent of the said counties of Johnston,
Cumberland and Orange, renders it grievous and burthensome to
many of the inhabitants thereof to attend the courts, general mus-
ters, and other public meetings therein :

2. Be it enacted by the Governor, Council and Assembly, and wake county
by the authority of the same, That from and after the twelfth day erected.

of March next after the passing of this act, the said counties of
Johnston, Cumberland and Orange, be divided by the following
lines, that is to say, beginning at Edgcomb line on Mocoson swamp,
a mile above James Lea's plantation, running a direct line to Neuse
river, at the upper end of John Beddingfield's plantation ; then to
David Mimm's mill creek, between Mimm's mill and Tanner's
old mill ; then the same course continued to the ridge which di-
vides Cumberland and Johnston counties ; then a straight line to
Orange line, at the lower end of Richard Hill's plantation, on
Buckhorn ; then the same course continued five miles ; then to

166

BOUNDARIES OF COUNTIES.

the corner of Johnston county on Granville line ; then with the
same line and Bute line to Edgcomb line, and along Edgcomb
line to the beginning ; be thenceforth erected into a distinct
county and parish, by the name of Wake county and St Marga-
ret's parish.

(See Johnston, Cumberland, Orange and Franklin.)

WARREN.

Bute divided.

Warren and
Franklin coun
ties erected.

AN ACT FOR DIVIDING BUTE COUNTY INTO TWO DISTINCT COUN-
TIES, AND FOR OTHER PURPOSES THEREIN MENTIONED.

(Passed in the year 1779.)

1 . Whereas the large extent of the county of Bute renders
the attendance of the inhabitants on the extreme parts of the said
county to do public duties extremely difficult and expensive : For
remedy whereof,

2. Be it enacted, fyc, That from and after the passing of this
act, the county of Bute shall be divided into two distinct counties,
by a direct line from the Granville line to Halifax or Nash coun-
ty line, as the case may be, leaving in each part or division an
equal quantity of acres as near as can be ascertained.

3. And in order that the same may be ascertained with as much
precision as possible, Be it further enacted, That Julius Nichols,
William Duke, John Falcon, John Norwood, and Matthew Thom-
as, or a majority of them, be, and they are hereby appointed com-
missioners, to measure the lines of said county on every side, and
to run the dividing line so as to make each respective division as
convenient to the respective persons residing therein as possible,
which said line when run by the commissioners, or a majority of
them, shall be entered on the record of each county ; and all that
part or division which lies north of said line and adjacent to
Virginia, shall be a distinct county, by the name of Warren ; and
all that part or division that lies south of said line shall be a dis-
tinct county, by the name of Franklin.

AN ACT TO ANNEX PART OF THE COUNTY OF GRANVILLE TO

WARREN.

Part of Gran-
ville added to
Warren.

(Passed in the year 1766.)

Whereas, the annexing a part of the county of Granville to War-
ren will tend greatly to the ease and convenience of those inhabit-
ing the same :

1. Be it therefore enacted, That from and after the passing of
this act, all that part of Granville county included within the fol-

BOUNDARIES OF COUNTIES. 167

lowing bounds, viz : Beginning at the point where the line of divis-
ion between Warren and Granville counties shall touch the line of
division between this State and the state of Virginia, and running
thence west along the said line to Nutbush creek, thence up said
creek as it meanders to the mouth of Anderson's swamp, thence
up the said swamp to the fork, thence up the south fork of the
said swamp to Stark's mill, thence by a line to be run due south
until it shall touch the aforesaid line of division between Warren
and Granville, be, and the same is hereby annexed to, and shall
be and remain a part of the county of Warren.

(See Franklin, Nash and Halifax.)

WASHINGTON.

AN ACT FOR THE DIVISION OF WILKES AND TYRRELL COUNTIES.
(Passed in the year 1799.)

9. Be it further enacted, That from and after the passing of Washington
this act, the county of Tyrrell shall be divided in the following county erected.
manner, to wit : Beginning at Bull point, thence running a direct

line to the centre of the Indian swamp where the road crosses,
from thence running a direct line to the west end of Lake Phelps,
thence running a direct course to Hyde county line.

10. Be it further enacted, <^c, And all that part of Tyrrell ly-
ing westwardly of said line shall be erected into a separate and dis-
tinct county, known by the name of Washington county.

AN ACT TO ANNEX PART OF TYRRELL TO WASHINGTON COUNTY.
(Passed in the year 1801.)

1. Be it enacted, fyc, That from and after the passing of this p f „
act, all that part of Tyrrell lying and being on the south and west added to Wash-
side of Indian swamp, and the canal, beginning at the present di- lnaton county,
viding line of said counties, in such place as shall make a straight
course to the centre of the Indian Swamp bridge, thence in a
straight direction to the mouth of the canal, thence up said canal
to Lake Phelps, thence a south course to Hyde county line, shall
remain and constitute a part of Washington county.

(See Tyrrell and Hyde.)

168 BOUNDARIES OF COUNTIES.

WAYJVE.

AN ACT FOR THE DIVISION OF DOBBS COUNTY AND OTHER PUR-
POSES THEREIN MENTIONED.

(Passed in the year 1779.)

1. Whereas the large extent of the county of Dobbs renders
the attendance of the inhabitants of the extreme parts thereof, at
the court house, to perform public duties difficult and expensive :
For remedy whereof,
County divid- 2. Be it enacted, &fc, That from and after the passing of this
act, the said county of Dobbs be divided, and that William Cas-
well, Charles Markland, William McKinnie, senior, Etheldred
Ruffin, and Benjamin Cobb, or a majority of them, be, and they
are hereby appointed commissioners for running the dividing line,
who are hereby directed to run the lines of the said county of
Dobbs, so that they ascertain the middle part of said county,
which when discovered, they shall run a line a north and south
course, through the middle part of said county ; and then all that
part of said county which lies eastwardly of the dividing line, shall
continue and remain a distinct county, by the name of Dobbs ;
and that all the other part shall be a distinct county, by the name
of Wayne, with the same privileges and immunities as any other
county within this State.

ed

Wayne erected.

AN ACT TO ANNEX PART OF GLASGOW COUNTY TO WAYNE COUN-
TY.

(Passed in the year 1793.)

PartofGlas- Be it enacted, fyc, That from and after the passing of this act,
fo°WayneXe a^ tnat Part °f Glasgow county, lying, situated and bounded as
county. follows, beginning where the Wayne county line crosses the south

prong of Bear Creek, then down the said south prong to the fork,
then up the north prong to where the Wayne county line crosses
the same, and then with the said county line to the beginning, be
added to and made a part of Wayne county.

(See Greene.)

BOUNDARIES OF COUNTIES. *wl

WILKES.

AN ACT FOR ERECTING PART OF THE COUNTY OF SURRY, AND
PART OF THE DISTRICT OF WASHINGTON, INTO A SEPARATE AND
DISTINCT COUNTY BY THE NAME OF WILKES.

(Passed in the year 1777.)

1. Whereas the large extent of the county of Surry, and the
district of Washington, renders it grievous and burthensome to
many of the inhabitants thereof to attend the courts, general mus-
ters, and other public meetings therein ;

2. Be it therefore enacted, fyc. That from and after the fif-wilkes erected,
teenth day of February next, after the passing of this act, the said

county of Surry and district of Washington be divided by the
following lines ; beginning at a point twentysix miles due west of
Surry court house, thence north to the Virginia line, thence west
along the said line to the ridge that divides the waters of Holstein
and New rivers, thence along the said ridge to Burke county line,
thence eastwardly along the line that divides the counties of Surry
and Burke to Rowan county line, thence along Rowan county line
to a point due south of the beginning, thence north to the begin-
ning, be erected into a distinct county, by the name of Wilkes.

AN ACT TO ANNEX PART OF BURKE COUNTY TO THE COUNTY OF

WILKES.

(Passed in the year 1789.)

Whereas it is represented to this General Assembly that a
part of Burke county, known by the name of Little River Settle-
ment, is of much greater distance from the court house in said
county, than from the court house in Wilkes, the inhabitants are
under necessary inconveniences : For remedy whereof,

1. Be it enacted, $-c, That after the passing of this act, all Part of Burke
that part of Burke county that lies north of the following line, be wilkUcounty.
and the same is hereby annexed to the county of Wilkes; and that
the said county line be established as follows, to wit: Beginning on
Iredell county line at the Whetstone hill on the Spring road, and
running up said road to the lower Little river, thence up said river
to Holmes's creek, thence up said creek to Lambert's fork, thence
up said fork to the head thereof, then a north course to the top of
the Brushy mountain, being Wilkes line.

vol. ii. 22

170 BOUNDARIES OF COUNTIES.

AN ACT TO ANNEX PART OP WASHINGTON TO WILKES COUNTY.

(Passed in the jrear 1792.)

Whereas a part of Washington county was by the cession act
retained in this State, and although remaining in the said State, the
inhabitants thereof are deprived of the benefit of the laws and go-
vernment of the same, for want of being annexed to some other
county : For remedy whereof,

Part of Wash- *• Beit enacted, $-c., That from and after the passing of this
ington county act, Wilkes county shall be extended in the following manner, to
Wifkes.0 Wlt: Beginning at the most southwardly part of Wilkes county line

on Burke county line, and running due west to the dividing ridge
between the waters of Watauga and Doe rivers, then along the ex-
treme height of said ridge to the line of the ceded territory, then
along the said line to the Virginia line, and along the Virginia line
to the old line of Wilkes county ; and that all the land north and
east of the aforesaid line shall be, and the same is hereby annexed
to the said county of Wilkes ; any law, custom or usage to the
contrary notwithstanding.

(See Surry, Iredell and Ashe.)

YANCEY.

AN ACT TO ERECT A NEW COUNTY BY THE NAME OF YANCEY.

(Passed in the year 1833.)

Whereas the large extent of country comprehended in the bounds
hereafter described in the counties of Burke and Buncombe, ren-
ders the attendance of the inhabitants thereof, to do public duties,
extremely difficult and expensive : For remedy whereof,

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That all that part of the counties of Burke and Buncombe, included
within the following bounds, to wit : Beginning on the extreme
height of the Black mountain ; running thence along said mountain
to Ogle's improvement ; thence along the dividing ridge to Daniel
Carter's fork field ; thence a direct course to the mouth of Big
Ivy creek ; thence with the Warm Spring road, by Barnard's sta-
tion, to the three forks of Laurel ; thence a direct line, so as to
include James Allen's house, to the Tennessee line ; thence with
said line to the county of Ashe ; thence with the line of said
county to the Grandmother mountain ; thence a direct course to
the extreme height of the Humpbacked mountain ; thence with
the blue Ridge to where it intersects the Black mountain ; thence
with the ridge of said mountain, to the beginning, be, and the same
is hereby erected into a separate and distinct county, by the name

CESSIONS TO THE UNITED STATES.

of Yancey, with all the rights, privileges and immunities of the
other counties in this State.

171

AN ACT SUPPLEMENTAL TO AN ACT PASSED AT THE PRESENT
SESSION OF THE GENERAL ASSEMBLY, ENTITLED "AN ACT TO
ERECT A NEW COUNTY BY THE NAME OF YANCEY."

(Passed in the year 1833.)

9. Be it further enacted, That it shall be the duty of the county
courts of Buncombe and Yancey, at their spring sessions, to appoint
two commissioners respectively, who shall receive such compen-
sation as the said courts shall determine, whose duty it shall be to
ascertain and mark the dividing line between said counties, when-
ever the same shall be necessary.

10. And be it further enacted, That the said commissioners
shall commence their survey at Daniel Carter's fork field and run a
direct line from thence to Barnard's station ; from which point the
line shall run along the old Warm Spring road to James Allen's
road : and with his road, so as to include his house, to the Ten-
nessee line ; any thing in the act to which this is supplemental to
the contrary notwithstanding.

(See Burke and Buncombe.)

CESSIONS TO THE UNITE
STATES.

TENNESSEE.

AN ACT FOR THE PURPOSE OF CEDING TO THE UNITED STATES OF
AMERICA, CERTAIN WESTERN LANDS THEREIN DESCRIBED.

(Passed at the session of 1789.)

Whereas the United States in congress assembled have repeat-
edly and earnestly recommended to the respective states in the
union claiming or owning vacant western territory, to make ces-
sions of part of the same, as a further means, as well of hastening
the extinguishment of the debts, as of establishing the harmony
of the United States ; and the inhabitants of the said western ter-
ritory being also desirous that such cession should be made, in
order to obtain a more ample protection than they have heretofore
received : Now this State being ever desirous of doing ample jus-
tice to the public creditors, as well as the establishing the harmony

172

CESSIONS TO THE UNITED STATES.

Persons em-
powered to ex-
ecute deeds
ceding to U. S
western lands.

Boundaries
thereof.

Conditions of
the cession.
First, as to ex-
penses of the
revolutionary

Second, as to
military state
grants.

Titles under
entries to be
perfected.

of the United States, and complying with the reasonable desires
of her citizens :

1. Be it enacted, <^c, That the senators of this State in the
congress of the United States,* or one of the senators and any
two of the representatives of this State in the congress of the
United States, are hereby authorized, empowered and required to
execute a deed or deeds on the part and behalf of this State, con-
veying to the United States of America all right, title and claim
which this State has to the sovereignty and territory of the lands
situate within the chartered limits of this State, west of a line
beginning on the extreme height of the Stone mountain, at the
place where the Virginia line intersects it, running thence along
the extreme height of the said mountain, to the place where Wa-
tauga river breaks through it, thence a direct course to the top of
the Yellow mountain, where Bright's road crosses the same, thence
along the ridge of said mountain between the waters of Doe river
and the waters of Rock creek, to the place where the road crosses
the Iron mountain, from thence along the extreme height of said
mountain, to where Nolichucky river runs through the same, thence
to the top of the Bald mountain, thence along the extreme height
of the said mountain to the Painted rock, on French Broad river,
thence along the highest ridge of the said mountain, to the place
where it is called the Great Iron or Smoky mountain, thence along
the extreme height of the said mountain, to the place where it is
called Unicoy or Unaka mountain, between the Indian towns of
Cowee and Old Chota, thence along the main ridge of the said
mountain, to the southern boundary of this State, upon the follow-
ing express conditions, and subject thereto ; that is to say,

First. That neither the lands nor inhabitants westward of the
said mountain shall be estimated, after the cession made by virtue
of this act shall be accepted, in the ascertaining the proportion of
this State with the United States in the common expense occa-
sioned by the late war.

Secondly. That the lands laid off, or directed to be laid off, by
any act or acts of the General Assembly of this State, for the offi-
cers and soldiers thereof, their heirs and assigns respectively, shall
be and enure to the use and benefit of the said officers, their heirs
and assigns respectively ; and if the bounds of the said lands already
prescribed for the officers and soldiers of the continental line of
this State, shall not contain a sufficient quantity of lands fit for cul-
tivation, to make good the several provisions intended by law, that
such officer or soldier, or his assignee, who shall fall short of his
allotment or proportion after all the lands fit for cultivation within
the said bounds are appropriated, be permitted to take his quota, or
such part thereof as may be deficient, in any other part of the said
territory intended to be ceded by vir ue of this act, not already
appropriated. And where entries have been made agreeable to
law, and titles under them not perfected by grant or otherwise,
then and in that case the governor for the time being, shall, and he

* The deed was executed the 25th Feb. 1790, see L. U. S. 2d v. p. 85.

CESSIONS TO THE UNITED STATES. 173

is hereby required to perfect, from time to time, such titles, in
such manner as if this act had never been passed ; and that all The effect of
entries made by, or grants made to all and every person and persons le§.al ent«es
whatsoever, agreeable to law, and within the limits hereby intended !f J*TZ s'
to be ceded to the United States, shall have the same force and pancy and pre-
effect as if such cession had not been made, and that all and every emPtlon-
right of occupancy and pre-emption, and every other right reserved
by any act or acts, to persons settled on and occupying lands within
the limits of the lands hereby intended to be ceded as aforesaid,
shall continue to be in full force in the same manner as if the ces-
sion had not been made, and as conditions upon which the said lands
are ceded to the United States. And further, it shall be understood
that if any person or persons shall have, by virtue of the act, en-
titled, An act for opening the land office, for the redemption of
specie and other certificates, and discharging the arrears due to
the army, passed in the year one thousand seven hundred and
eightythree, made his or their entry in the office usually called
John Armstrong's office, and located the same to any spot or Locations on
piece of ground on which any other person or persons shall have johnAm- * "*
previously located any entry or entries, that then and in that case, strong's office,
the person or persons having made such entry or entries, or their
assignee or assignees, shall have leave and be at full liberty to re-
move the location of such entry or entries to any lands on which
no entry has been specially located, or any vacant lands included
within the limits of the lands hereby intended to be ceded. Pro- Proviso, as to
vided, that nothing herein contained shall extend or be construed §>™Us declar«l
to extend to the making good any entry or entries, or any grant
or grants heretofore declared void by any act or acts of the Gene-
ral Assembly of this State.

Thirdly. That all the lands intended to be ceded by virtue of Third, as to the
this act, to the United States of America, and not appropriated as ing a^Mnnion6*
before mentioned, shall be considered as a common fund for the fund-
use and benefit of the United States of America, North Carolina
inclusive, according to their respective and usual proportion in the
general charge and expenditure, and shall be faithfully disposed of
for that purpose, and for no other use or purpose whatever.

Fourthly. That the territory so ceded, shall be laid out and Fourth, as to
formed into a state or states, containing a suitable extent of terri- SSbSng
tory, the inhabitants of which shall enjoy all the privileges, benefits formed into a
and advantages set forth in the ordinance of the late congress forstate'
the government of the western territory of the United States ;
that is to say, whenever the congress of the United States shall
cause to be officially transmitted to the executive authority of this
State, an authenticated copy of the act to be passed by the con-
gress of the United States, accepting of the cession of territory
made by virtue of this act, under the express conditions hereby
specified, the said congress shall at the same time assume the gov-
ernment of the said ceded territory, which they shall execute in a
manner similar to that which they support in the territory west of
the Ohio, shall protect the inhabitants against enemies, and shall
never bar or deprive them or any of them, of privileges which the

174 CESSIONS TO THE UNITED STATES.

Proviso as to people west of the Ohio enjoy. Provided always, that no regu-
slavery. lations made or to be made by congress, shall tend to emancipate

slaves.
Fifth, as to con- Fifthly. That the inhabitants of the said ceded territory shall be
tnbutions liable to pay such sums of money as may, from taking their cen-
war expenses, sus, be their just proportion of the debt of the United States, and
see first condi- the arrears of the requisitions of congress on this State,
sixth, as to Sixthly. That all persons indebted to this State, residing in the

payment of territory intended to be ceded by virtue of this act, shall be held
state. and deemed liable to pay such debt or debts, in the same manner,

and under the same penalty or penalties, as if this act had never

been passed.
Seventh, as to Seventhly. That if the congress of the United States do not
the acceptance accept the cession hereby intended to be made, in due form, and

oi tnc cession. -"■ J ,

give official notice thereof to the executive of this State, within
eighteen months from the passing of this act, then this act shall be
of no force or effect whatsoever.
Eighth, as to Eighthly. That the laws in force and use in the State of North

laws in torce. W -P 1 ■ c ■ 1 • 1 n 1 1

Carolina at the time oi passing this act, shall be and continue in
full force within the territory hereby ceded, until the same shall be
repealed, or otherwise altered by the legislative authority of the
said territory.
Ninth, as to Ninthly. That the lands of non-resident proprietors, within the
nonmresidents sa^ ceded territory, shall not be taxed higher than lands of resi-
dents.
Tenth, as to Tenthly. That this act shall not prevent the people now resid-

twVen^Tennes- in§ south of French Broad, between the rivers Tennessee and
see and Pidg- Pidgeon, from entering their pre-emptions on that tract, should an
office be opened for that purpose under an act of the present Gen-
eral Assembly.
Jurisdiction, 2. And be it further enacted, That the sovereignty and jurisdic-

state to remain tion of this State, in and over the territory aforesaid, and all and
till congress ac- everv the inhabitants thereof, shall be and remain the same in all
(The cession respects, until the congress of the United States shall accept the
was accepted cessi0n to be made by virtue of this act, as if this act had never

by congress, , •> '

see act of sec- passed.

ond April, 1790,

see second v.

L. U.S. p. 85.)

LIGHT-HOUSES, &c.

AN ACT TO CEDE AND VEST IN THE UNITED STATES Oh1 AMERICA,
THE LANDS THEREIN MENTIONED, FOR THE PURPOSE OF BUILD-
ING LIGHT-HOUSES.

(Passed at the session of 1790.)

Whereas William Williams, John Williams, Joseph Williams,
William Howard, junior, and Henry Gerrish, of Carteret county,
planters, have by deed bearing date the thirteenth day of Septem-
ber, in the year one thousand seven hundred and ninety, conveyed

CESSIONS TO THE UNITED STATES. 175

to the governor of this State and his successors in office, for the
use of the State, to erect a light-house thereon, one acre of land
on Ocacock island, to be chosen out of their several unimproved
lands situated on the said island, by commissioners appointed by
an act of assembly passed at Fayetteville, in the year aforesaid,
as by reference to the said deed and act had may more fully ap-
pear. And whereas Benjamin Smith, of Brunswick county, Esq.,
hath executed a deed to the person therein named, for the use of
the State and the security of the navigation of Cape Fear, for ten
acres of land situated on the Cape island, for the purpose of erect-
ing thereon a light-house under the condition and limitations in
said deed contained and expressed, by an act of assembly passed
at Fayetteville, in the year one thousand seven hundred and eighty-
nine, as by the same reference being thereto had, may more fully
appear. And whereas the funds heretofore appropriated by this
State to the erecting and finishing light-houses, are now vested in
the congress of the United States, wherein the establishment and
support of light-houses is placed by the constitution and laws
thereof,

1. Beit therefore enacted, fyc, From and after the passing of Certain lands
this act, the lands as aforesaid, with their appurtenances, and the united States.
jurisdiction of the same, shall be ceded and vested in the United

States, under the condition hereinafter expressed.

2. And be it further enacted, That the governor of this State is Governor to >ex-
hereby empowered and required, forthwith to execute a deed or

deeds, on the part and behalf of this State, to the United States,
of all right, title and claim which this State hath to the lands as
aforesaid, with their appurtenances, under the several acts of as-
sembly, and deeds herein before recited and mentioned.

AN ACT TO CEDE TO THE UNITED STATES OF AMERICA CERTAIN
LANDS, UPON THE CONDITION THEREIN MENTIONED.

(Passed at the session of 1794.)

Whereas the congress of the United States have passed an act Preamble,
to provide for the defence of certain ports and harbors in the Uni-
ted States, in which is comprised Cape Fear river and Occacock
inlet, and also an act to erect a light-house on the head land of
cape Hatteras ; and whereas it is expedient that the United States
should have the exclusive jurisdiction of a sufficient quantity of
land on which said forts and light-houses shall be erected :

1. Be it enacted, fyc, That part of the public ground laid off by Land ceded in
the commissioners of Smithville, for a fort on Cape Fear river, SmithvilIe-
including part of the ground whereon fort Johnston formerly stood,

with the exclusive jurisdiction thereof, shall be and the same is
hereby ceded to the United States of America, under the condi-
tion hereinafter mentioned.

2. And be it further enacted, That the exclusive jurisdiction offnd?" 1Sh' t
Beacon island, in the harbor of Occacock, and four acres of land teras.

176

CESSIONS TO THE UNITED STATES.

(a See 1813, c. at the head land of cape Hattera;, (a) and also so much of the town
>s. , .) Q£ gjuitjjyjjjg^ adjoining fort Johnston, as maybe found necessary
for the said fort, not exceeding six acres, shall be ceded and stand
vested in the United States, as soon as the proprietors of said
lands shall convey the same to the United States.
Condition. g j^^ f}& fa fo/tffar enacted, That the above mentioned lands

by subsequent are ana< shall be ceded to the United States, upon the express con-
acts.) dition, that the fortifications, light-houses and beacons, for which
the said lands are ceded, or to be ceded, shall be erected within
three years, and be continued and kept up forever thereafter for
the public use.
Restriction. 4. And be it further enacted, That nothing herein contained
shall be so construed as to debar or hinder any of the officers of
this State from serving any process, or levying executions within
the limits ceded by this act to the United States, in the same man-
ner and to the same effect as if this act had never been made.

Jurisdiction of
land on Shell
Castle ceded to
the United
States.

Not to debar
state process,
&c-

AN ACT FOR CEDING TO THE UNITED STATES THE JURISDICTION
OF CERTAIN LANDS ON SHELL CASTLE ISLAND, IN THE HARBOR

OF OCCACOCK.

(Passed at the session of 1794.)

Whereas the congress of the United States have passed an act
to erect a lighted beacon on Shell Castle island, in the harbor of
Occacock, upon condition that this State will cede to the United
States, a sufficient quantity of land for that purpose :

1. Be it enacted, fyc, That the exclusive legislation and juris-
diction of so much land on Shell Castle island, as shall be pur-
chased by the United States from the present proprietor or propri-
etors, for the purpose of erecting a lighted beacon thereon, is
hereby ceded to the United States, and this legislature doth hereby
consent to such purchase.

2. And be it further enacted, That this act shall not be con-
strued to debar or hinder the process from any court or judge of
this State from running within the boundaries of the lands so to
be purchased ; nor to continue the authority of the United States
over any part of the said lands, for any longer term than the said
lighted beacon shall be kept up.

CESSIONS TO THE UNITED STATES.

-AN ACT TO AUTHORIZE AND EMPOWER CHRISTIAN JENNETT, THE
GUARDIAN AND NEXT FRIEND OF WILLIAM JENNETT, MARY JEN-
NETT, JABEZ JENNETT, AND AQUILLA JENNETT, OF THE COUNTY
OF CURRITUCK, INFANTS UNDER THE AGE OF TWENTYONE
YEARS, TO SELL AND CONVEY TO THE UNITED STATES OF AMER-
ICA, FOUR ACRES OF LAND AT THE HEAD LAND OF CAPE HAT-
TERAS, PART OF THE ESTATE IN COMMON OF THEM THE SAID
WILLIAM, MARY. JABEZ AND AQUILLA, AND TO VEST IN THE
UNITED STATES AN ABSOLUTE AND INDEFEASIBLE ESTATE IN
FEE SIMPLE THEREIN.

(Passed at the session of 1800.)

Whereas the General Assembly of this State, by an act passed
in their session at Newbern, in July, one thousand seven hundred
and ninety four, entitled " An act to cede to the United States of
America certain lands upon the conditions therein mentioned,"
reciting among other things, " that whereas the congress of the
United States have passed an act to erect a light-house on the
head land of cape Hatteras, and that whereas it is expedient that
the United States should have the exclusive jurisdiction (together
with other places therein mentioned) of a sufficient quantity of
land, on which said light-house shall be erected," did enact /under
the conditions and restrictions therein expressed, " that the ex-
clusive jurisdiction, among other places therein mentioned, of four
acres of land at the head land of cape Hatteras, shall be ceded
and stand vested in the United States, as soon as the proprietors
of the said lands shall convey the same to the United States ;"
and in their session at Raleigh, in November, one thousand seven
hundred and ninetyseven, under the conditions therein expressed,
did revive and continue in force so much of the before recited act
as cedes, among other places, four acres of land at the head
land of cape Hatteras.

And whereas it is represented to this General Assembly, that
the four acres of land at the head land of cape Hatteras afford-
ing the most eligible site for a light-house, are in the seisin and
possession, as tenants in common in fee, of William Jennett, Mary
Jennett, Jabez Jennett, and Aquilla Jennett, all of the county of
Currituck, infants under the age of twentyone years, to whom
Christian Jennett, their mother, hath been duly appointed guardian ;
that the United States are willing to purchase the said four acres
of land, and have offered for the same a fair and full price, to wit,
at the rate of twelve and an half dollars per acre, amounting to fifty
dollars ; and that the said William, Mary, Jabez and Aquilla, who
though not of full age, have sufficient judgment and discretion to
estimate the value of this part of their property, are desirous, of
their own free will and accord, and are further advised by their
mother and guardian aforesaid, and others their relations and
friends, to accept the liberal offer of the United States, and for
that purpose have actually laid off by metes and bounds the four
acres of land selected by their agent :

And whereas also it is highly important to the commercial inter-

vol. ii. 23

177

178

CESSIONS TO THE UNITED STATES.

William Jen-
nett & others
empowered to
sell four acres
of land to the
United States.

Situation.

Land to be se-
cured to the
United States.

ests of the United States of America, that a light-house should be
erected on the most eligible site at the said head land of cape
Hatteras as speedily as possible :

Be it enacted, $-c, That the said William Jennett, Mary Jen-
nett, Jabez Jennett, and Aquilla Jennett, be and they are hereby
authorized, and fully empowered to sell and convey to the United
States of America, four acres of land, situate, lying and being at
or near the head land of cape Hatteras, in the county of Curri-
tuck, beginning at a cedar post at John Wallace and John Gray
Blount's line, running thence east twelve poles and fourfifths of a
pole to a cedar post at the corner of Wallace and Blount's line,
thence north, binding on said line, fifty poles, to a cedar post at
the corner of Wallace and Blount's and Thomas Farrow's lands,
thence west, binding on Farrow's line, twelve poles and fourfifths
of a pole to a cedar post, thence a direct course to the first sta-
tion ; and to do, make, execute and suffer all and every such act
and acts as shall or may be advised or devised to assure and secure
to the said United States, an absolute and indefeasible estate in
fee simple of, in and to the said four acres of land above de-
scribed, with the premises and all and singular the appurtenances
to the same belonging, or in any wise appertaining ; and that the
said act and acts of them the said William, Mary, Jabez and Aquil-
la, shall be as effectual in law to conclude them, their heirs and
assigns forever thereafter ; and the estate by them conveyed to the
United States, shall be and enure to their use, benefit and behoof;
and they the said William, Mary, Jabez and Aquilla, shall be as
effectually bound by any covenant or covenants they shall or may
make and enter into with the said United States, touching and
concerning the premises, as if they had arrived to full age, any
law, usage or custom to the contrary notwithstanding.

Preamble.

AN ACT TO REVIVE, AMEND AND CONTINUE IN FORCE, CERTAIN
ACTS FOR CEDING TO THE UNITED STATES THE LANDS THEREIN
MENTIONED.

(Passed at the session of 1S04.)

Whereas the times limited by the acts of one thousand seven
hundred and ninetyfour, and one thousand seven hundred and
ninety eight, for erecting fortifications on the lands thereby ceded,
are expired : and the general government is proceeding without
delay, to finish a fort on Cape Fear river, upon the public ground
laid off agreeably to law, by the commissioners of Smithville :
Ground laid off 1. Be it enacted, <^c, That the ground so laid off by the said
ceded to the commissioners, shall continue to be, and the same is hereby ceded
to the United States of America, with the exclusive jurisdiction,
except as is hereinafter excepted, of what is occupied by the fort
and works, upon condition that the fort now building shall be com-
pleted on or before the first day of January, one thousand eight
hundred and six.

And whereas also, it is expedient that the government of the

CESSIONS TO THE UNITED STATES.

179

United States should be encouraged to fortify the ports or harbors
of this State, at the general expense :

2. Be it further enacted, That in case of purchase from a citi- Future pur-
zen or citizens thereof by the national government, of any points, th^United t0
headlands or islands, which may be deemed necessary for the States for for-
defence of any river or harbor in the State, that the said points, * catlons-
head lands, or islands, with the exclusive jurisdiction thereof,

except as is hereinafter excepted, be, and the same is or are here-
by ceded to the United States of America, on condition that forti-
fications be erected on such places, within three years from the
time of the purchase, and be continued and kept up forever there-
after, for the public use and defence ; and that the quantity of
ground in each case shall not exceed five acres.

3. And be it further enacted, That no cession herein made shall No cession to
be so construed as to prevent any officer of the State from serving; Prevent ^tate

. r . J . o process from

process or levying executions agreeably to the laws thereof, with- being served.
in the limits ceded by, or in pursuance of this act, to the United
States, in the same manner, and to the same effect, as if the same
was never passed.

4. And be it further enacted, That all acts and clauses of acts Former acts re-
coming within the meaning and purview of this act, or contrary pealed,
thereto, shall be and the same are hereby repealed and declared

void.

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION OF
THE LAND THEREIN MENTIONED.

(Passed at the session of 1804.)

Whereas the congress of the United States, at their last Preamble,
session, passed an act, providing among other things for the erec-
tion of a light-house on or near the pitch of cape Lookout, in this
State, and it is expedient that the United States should have
exclusive jurisdiction of the land whereon the same is to stand :

1. Be it enacted, fyc, That the exclusive jurisdiction of four Jurisdiction
acres of land lying near the pitch of cape Lookout, in the county

of Carteret, in this State, beginning at a cedar and running north
eightythree degrees east, twentyfive poles and fourtenths of a pole
to a live oak, then south seven degrees east, twentyfive poles and
fourtenths of a pole to a post, then south eightythree degrees west,
twentyfive poles and fourtenths of a pole to a post, and thence to
the beginning, shall be and is hereby ceded to the United States
as soon as they shall obtain the title thereof from the proprietor or
proprietors.

2. And be it further enacted, That the said jurisdiction is ceded Condition of
to the United States upon the express condition that a light-house the cession-
shall be erected thereon, within five years, and be continued and

kept up forever thereafter, for the public use.

3. And be it further enacted, That nothing herein contained Not to debar
shall be construed to debar or hinder any of the officers of this stat8 process.

180 CESSIONS TO THE UNITED STATES.

State from serving any process or levying executions within the
limits of which the jurisdiction is by this act ceded to the United
States, in the same manner and to the same effect as if this act
had never been made.

AN ACT TO CEDE TO THE UNITED STATES OF AMERICA THE JU-
RISDICTION OF CERTAIN LAND FOR THE PURPOSES THEREIN
MENTIONED, AND TO ALLOW FURTHER TIME TO THE GENERAL
GOVERNMENT FOR FINISHING THE FORT AT OR NEAR THE MOUTH
OF CAPE FEAR RIVER.

(Passed at the session of 1807.)

Preamble. Whereas the harbor of Old Topsail inlet is at present in an un-

guarded state, and is generally nineteen feet water on the bar of
said harbor, which renders it necessary that the United States
should have the jurisdiction of certain land convenient thereto, in
order that a fort may be erected thereon for the defence of the
said port and harbor :

Jurisdiction of !• Be it enacted, fyc, That five acres of land, in the county of
five acres at Carteret, on the west side and adjoining Old Topsail inlet, be,
ceded to the ar,d the same is hereby ceded to the United States of America,
United States for the purpose of erecting a fort thereon for the defence of the
for a fort. said port and harbor.

Commissioners 2. And be it further enacted, That Bryant Helen, Jeconias
to survey and Pickens and James Stanton be, and they are hereby appointed

mark the same. .. , rri iii j • ./> ,r

commissioners to survey, lay on and mark the boundaries of the
said five acres, and shall return a correct plan thereof to the office
of the secretary of state ; and the said plan so by them returned,
shall be deemed full and sufficient evidence of the boundaries afore-
Condition of ggjj . Provided, that the land ceded by virtue of this act is subject to

tiiG cession. ■

the following condition : That the said fort shall be erected thereon
within three years from the passing thereof. And provided also,
that nothing herein contained, shall be construed to debar any of
the officers of this State from serving any process or levying exe-
cutions within the limits ceded by this act, in the same manner
and to the same effect, as if this act had never been passed.

And whereas, from different causes and circumstances, the fort
at Smithville is not perfectly completed, although it is so far done
as to be ready for the mounting of cannon,
Fort at Smith- 3. And be it further enacted, That all the grants and provisions
TlUe- heretofore made respecting the same, shall continue and be in full

force : Provided, the said fort is finished within the year 1808 ;
any law, usage or custom to the contrary notwithstanding.

CESSIONS TO THE UNITED STATES. 181

AN ACT TO CONTINUE IN FORCE THE ACTS HERETOFORE PASSED,
CEDING TO THE UNITED STATES OF AMERICA CERTAIN LANDS
IN SMITHVILLE.

(Passed at the session of 1809.)

Whereas the time limited in the aforesaid acts for erecting for-
tifications in Smithville has expired,

1. Be it enacted, <$■<:., That the ground left out of the plan of Af certain piece
Smithville by the commissioners, for the use of a fort and the t0 the United
erection of fortifications, agreeably to the act establishing said town, States.

be, and the same is hereby ceded to the United States of Ameri-
ca, with the exclusive jurisdiction thereof: Provided, that so
much of the said ground as the commanding officer stationed by
the United States at Smithville shall deem necessary to be kept
free from intrusion, shall be enclosed within six months, and the
fort and works deemed by the national government necessary and
proper, be completed within seven years, from the 31st of De-
cember, 1809, and from thence be afterwards kept in such repair
and order for the public defence, as to answer the purpose for
which it was ceded : And provided always, that on failure of the
national government to keep the said fort and works in such order
and repair for two years, the said ground shall revert to this State.

2. And be it further enacted, That nothing herein contained State officers to
shall be construed so as to prevent any officer of this State from serve process,
serving process or levying executions and carrying them into full &c-

effect, agreeably to the laws of this State, within the limits hereby
ceded, in the same manner as though this cession had never been
made.

owners
are un-

AN ACT PROVIDING THE MEANS BY WHICH THE UNITED STATES
MAY OBTAIN SITES FOR LIGHT-HOUSES AND FORTIFICATIONS
WITHIN THIS STATE, AND FOR CEDING THE JURISDICTION THERE-
OF TO THE UNITED STATES.

(Passed at the session of 1813.)

1. Be it enacted, fyc, That whenever the United States shall How to proceed
desire to obtain sites within this State, for the purpose of erecting j£ \^ _
fortifications or light-houses thereon, and the owner or owners known or re
thereof be unknown or refuse to sell the same for a fair price, and [^re t0 ! :
shall by the attorney of the United States for the district of North
Carolina, file with his excellency the governor of this State, a sug-
gestion in writing setting forth their desire to obtain a site or sites
for the erection of fortifications or light-houses, and describing in
such suggestion the situation of such site and the name of the own-
er or owners if known ; it shall be the duty of the governor forth-
with to transmit a copy of such suggestion to one of the judges of
the superior courts of law and equity of this State, who shall on
receipt thereof issue a writ of venire facias to the sheriff of the
county in which such site so required is situated commanding him

price.

182 CESSIONS TO THE UNITED STATES.

to summon twentyfour freeholders of his county to appear on the
premises on a day certain, from whom he shall draw by lot a jury
of eighteen persons entirely unconnected with the owner or own-
ers of such land, who being duly sworn by the sheriff or his lawful
deputy, either of whom is hereby authorized and empowered to
administer the oath to the said jurors truly and impartially to value,
lay off and allot to the United States the site required, (which in
no case shall exceed ten acres,) shall proceed to view, lay off, al-
lot and value such site with the ground thereunto annexed under
their hands and seals, in the presence of such sheriff or lawful dep-
uty, who shall deliver the said writ of venire facias wTith his return
thereon, and the report of the jury under their hands and seals
within ten days thereafter to the public register of the county in
which such site and lands lie, who shall forthwith register the same
in the records of his office ; and thereupon the said United States
shall on payment of the valuation to the party to whom such land
belonged, or if such party refuse to accept the same, or be un-
known, on payment of the same into the public treasury of this
State, therein to await the order or demand of the rightful owner,
Proviso. De seized thereof for the purpose mentioned in this act. Provid-

ed always and upon express condition, that such site for the pur-
pose of erecting light-houses and fortifications shall be so used
within five years after the filing of such petition, and be used and
occupied continually thereafter for such purposes ; otherwise such
site shall revert to this State.
Former acts 2. Be it further enacted, That so much of an act entitled " An

ceding Beacon act to cede to the United States of America certain land upon
' the condition therein mentioned," as cedes Beacon island and four
acres of land at the head land of cape Hatteras, as relates to Bea-
con island, be and the same is hereby revived and declared to be
in full force, any law to the contrary notwithstanding : Provided
always and upon express condition, that a fort be erected upon
said island by the United States within five years after the passing
of this act and kept up forever thereafter for the use intended by
the erection thereof.
The soverei°n- 3. And be it further enacted, That the full and entire sover-
tv, &c. ceded to eignty and jurisdiction in and over such land as may be laid out
states"1 e and paid for, for the purpose of erecting fortifications and light-
houses under and by virtue of this act, on or before the first day
of December, 1814, be ceded absolutely and entirely to the
United States, who shall have, use and exercise exclusive juris-
diction, power and authority over the same and every part thereof.
State officers 4. And he it further enacted, That nothing herein contained
shall serve pro- srm}] De s0 construed as to debar or hinder any of the officers of
seceded311 & this State from serving any process or levying executions within
the limits which may be laid off and ceded by this act to the Uni-
ted States, in the same manner and to the same effect as if this
act had never been made.

5. And be it further enacted, That this act shall be in force
from and after the ratification thereof.

CESSIONS TO THE UNITED STATES.

AN ACT TO CONTINUE IN FORCK THE THIRD SECTION OF AN ACT
PASSED IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND
THIRTEEN, RESPECTING SITES FOR LIGHT-HOUSES AND FORTIFI-
CATIONS.

(Passed at the session of 1814.)

Beit enacted, fyc, That the provisions contained in the third
section of an act, entitled " An act providing the means by which
the United States may obtain sites for light-houses and fortifica-
tions within this State, and for ceding the jurisdiction thereof to
the United States," so far as relates to the time of laying off and
paying for land for the purposes in the said act expressed, be and
the same is hereby declared to be in full force and operation, till
the first day of December, one thousand eight hundred and eigh-
teen.

.88

AN ACT TO CEDE TO THE UNITED STATES OF AMERICA CERTAIN
LANDS UPON THE CONDITIONS THEREIN CONTAINED.

(Passed at the session of 1817.)

Whereas the congress of the United States have passed an act Preamble,
to erect a beacon on Federal point near the New inlet on Cape
Fear river, which beacon is already erected : and whereas, it is
expedient the United States should have the exclusive jurisdiction
of the land on which said beacon is erected.

1. Be it enacted, fyc, That the exclusive jurisdiction of one Exclusive ju-
acre of land at Federal point, near the New inlet on Cape Fear Federal point
river, on which a beacon is already erected by the United States, g^?11 to the
shall be ceded, and is hereby invested in the United States, the

said acre of land having been purchased by the United States
aforesaid, upon condition that the beacon or a light-house be con-
tinued and kept up by the United States for the public use.

2. And be it further enacted, That nothing herein contained Proviso for the
shall be so construed as to debar or hinder any of the officers of^^g0

this State from serving any process or levying executions within
the limits ceded by this act to the United States, in the same man-
ner and to the same effect as if this act had never been passed.

AN ACT CEDING THE JURISDICTION OF NORTH CAROLINA, OVER A
CERTAIN PART OF OCRACOCK ISLAND, TO THE UNITED STATES.

(Passed at the session of 1S22.)

1. Whereas, Jacob Gaskill, of the county of Hyde, and State
of North Carolina, has, for a valuable consideration freely sold and
conveyed to the United States of America, a certain piece or par-
cel of land, lying, situated, and being as follows, to wit : on the
island of Ocracock, in the county of Carteret, and State aforesaid,

184

CESSIONS TO THE UNITED STATES.

beginning at a cedar post on the north side of the road, Jacob Gas-
kill's corner ; thence running a due north course along his line,
twentyfive and a half poles, to a cedar post ; thence a due east
course, twelve and three quarter poles, to a cedar post ; thence
due south, twentyfive and a half poles ; thence due west to the
first station ; and whereas, the United States have, by their agent,
Joshua Taylor, Esq., solicited a cession of our jurisdiction over
the same for the purpose of enabling them to construct and keep
up a light-house thereon :

Transfer to the 2. Be it enacted, fyc, That all right, title and jurisdiction which
United states. tne gtate 0f North Carolina has or may have owned, claimed or
exercised over the aforementioned territory, be, and the same is
hereby forever relinquished and transferred to the United States
of America, in as full and ample a manner as the same may have
been owned, claimed or exercised by this State.

AN ACT TO CEDE TO THE UNITED STATES AN ISLAND, CALLED
OAK ISLAND, OR SO MUCH THEREOF AS SHALL BE PURCHASED
BY THE UNITED STATES FOR THE PURPOSE OF ERECTING A
FORTIFICATION AT THE MOUTH OF CAPE FEAR RIVER.

(Passed at the session of 1825.)

Preamble. Whereas the congress of the United States have passed an

act to provide for the defence of the river Cape Fear, by the erec-
tion of proper fortifications on Oak island, at the mouth of said riv-
er ; and whereas it is expedient that the United States should have
the exclusive jurisdiction of said island, on which said fortifi-
cations shall be erected ;

1. Be it enacted, fyc, That the exclusive jurisdiction of the
island, called Oak island, lying and being at the mouth of Cape
Fear river, or of so much thereof as shall be purchased by the
United States for the purpose of erecting a fortification, shall be
ceded to and stand vested in the United States, as soon as the
proprietors of said island shall convey the same, or any part there-
of to the United States for the purpose aforesaid.

2. Be it enacted, That the above mentioned island, or such part
thereof as shall be purchased aforesaid, is and shall be ceded to
the United States upon the express condition, that the fortifica-
tions for which said land is ceded, shall be erected within ten
years, and be continued and kept up forever thereafter for the pub-
lic use.

Officers of this **• ^e *' enacted, That nothing herein contained shall be so
State not to be construed as to debar or hinder any of the officers of this State
fngTOoresiT&c from servmg any kind of process, or levying executions within the
in°the island, limits ceded by this act to the United States, in the same manner

and to the same effect, as if this act had never been passed.
4. Be it enacted, That this act shall be in full force from and

after the ratification thereof.

Fortifications
to be erected
within ten
years.

CESSIONS TO THE UNITED STATES. 185

AN ACT TO CEDE TO THE UNITED STATES A CERTAIN TRACT OF
LAND, CALLED BOGUE BANKS.

(Passed at the session of 1825.)

1 . Whereas the congress of the United States have passed an Preamble,
act to provide for the defence of Old Topsail inlet, in this State,

by the erection of proper fortifications at Bogue Banks ; and
whereas it has been suggested, that difficulties have been experi-
enced by the United States in procuring proper titles to the site
required ; and whereas it is also expedient that the United States
should have the exclusive jurisdiction of said site on which said
fortifications shall be erected ;

2. Be it enacted, <^c, That the exclusive jurisdiction of a The United
certain tract of land, called Bogue Banks, butted and bounded as St^st0 hav?
follows, to wit : Beginning at a point on the Atlantic shore, where diction of said
a line due north and south will touch the extreme end of a line ex- Banks-
tending west two thousand seven hundred and ninetyfive yards,

from a point at the extreme east end of Bogue Banks, thence
from the beginning due north across Bogue Banks, four hundred
and eighteen yards, till it meets the water's edge, thence east-
wardly, following the shore along Fishing creek, and along the
shore to the extreme eastern point of Bogue Banks, thence round
said point, along the Atlantic ocean westwardly to the beginning,
containing four hundred and five acres and fiftynine hundredths,
more or less, shall be ceded, and stand vested in the United
States, as soon as the proprietors of said land shall convey the
same to the United States ; or, in case the proprietors shall re-
fuse to convey, or be unknown, then as soon as the said land shall
be viewed, laid off, and valued as hereinafter shall be directed : ?1^llt of fis,h"

in0" reserved to

saving and reserving to the present proprietors of the fisheries the the present pro-
right of fishing upon said banks, as heretofore exercised by them. Pnetors-

3. Be it enacted, That should the owner or owners of said In case the
land be unknown, or refuse to sell the same for a fair price, and ersof the°Ian"d
the United States shall, by their attorney for the district of North be unknown or
Carolina, file with his excellency the governor of this State a sug-j^sameata
gestion in writing, setting forth their desire to obtain a site for the fair Price> its
erection of fortifications on said lands, called Bogue Banks, and Id by eighteen
describing in such suggestion the situation of such site, and the freeholders,
name of the owner or owners, if known, it shall be the duty of the
governor forthwith to transmit a copy of such suggestion to or«e of

the judges of the superior courts of law and equity of this State,
who shall, on receipt thereof, issue a writ of venire facias to the
sheriff of the county in which such site so required is situated,
commanding him to summon twentyfour freeholders of his county
to appear on the premises, on a day certain, from which he shall
draw by lot a jury of eighteen persons entirely unconnected with
the owner or owners of such land, who being duly sworn by the
sheriff or his lawful deputy, either of whom is hereby authorized
and empowered to administer the oath to the said jurors, truly and
impartially to value, lay off, and allot to the United States, the
vol. ii. 24

186

CESSIONS TO THE UNITED STATES.

405 59-100 acres of land aforesaid, under their hands and seals,
in the presence of such sheriff or his lawful deputy, who shall de-
liver the said writ of venire facias, with his return thereon, and
the report of the jury, under their hands and seals, within ten
days thereafter to the public register of the county in which such
site and lands lie, who shall forthwith register the same in the re-
cords of his office ; and thereupon the United States shall, on
payment of the valuation to the person or persons to whom such
lands belong, or if such person or persons refuse to accept the
same, or be unknown, on payment of the same into the public trea-
sury of this State, therein to await the order or demand of the rightful
owner, be seized thereof for the purpose mentioned in this act :
Provided ahoays, and upon express condition, that such site for the
Proviso. purpose of erecting fortifications, and the annexed land laid off

and allotted as above mentioned, shall be so used within five years
after the filing of such petition, and be used and occupied continu-
ally thereafter for such purposes ; otherwise such site and annexed
land shall revert to this State.
Officers of this 4. Be it enacted, That nothing herein contained shall be so con-
febarred'serv^ strued, as to debar or hinder any of the officers of this State from
ing process, &c. serving any process or levying executions within the limits ceded
in the cession. ^ t^g act tQ ^e United States, in the same manner and to the

same effect, as if this act had never been made.
Thisacttotake 5. Be it enacted, That this act shall be in force from and
immediate ef- after tne ratification thereof.

feet.

Preamble.

Describes the
land ceded.

AN ACT TO CEDE TO THE UNITED STATES A POINT OF MARSH ON
THE SOUTH SIDE OF NEUSE RIVER, FOR THE PURPOSE OF ERECT-
ING THEREON A LIGHT-HOUSE.

(Passed at the session of 1827.)

Whereas the United States in congress assembled, have passed
an act, authorizing the erection of a light-house upon a point of
marsh on the south side of Neuse river, and have, by deed, bear-
ing date the twelfth of May, one thousand eight hundred twenty-
seven, and which has been duly proven and registered in the pro-
per office of Craven county, purchased of Joseph Nelson a small
tract of land, hereinafter mentioned, for the purpose aforesaid ;
now, therefore,

1 . Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That all that piece or parcel of land, situate, lying and being in
the county of Craven, beginning on the extreme point of marsh on
the south side of Neuse river, running along the edge of the marsh
on the sound side south sixtyfive degrees east forty poles, thence
across the marsh south fiftyfive west sixtyeight poles to Neuse
river, thence along the various courses of the river to the first sta-
tion, containing by estimation eight acres, be ceded and vested in
the United States of America ; and the said United States shall
and may have and exercise sole and exclusive jurisdiction over the

CESSIONS TO THE UNITED STATES. 187

said territory and every part thereof, so long as they shall choose
to hold and occupy it for the purposes herein specified : Provided, Proviso,
that nothing herein contained shall be construed to prevent the
proper officers of this State from executing any process, civil or
criminal, within the limits of said territory.

AN ACT TO CEDE TO THE UNITED STATES AN ISLAND OF MARSH
FOR THE PURPOSE OF ERECTING THEREON A LIGHT-HOUSE.

(Passed at the session of 1823.)

Whereas the United States in congress assembled, at their last Preamble,
session, passed an act authorising the erection of a light-house on
the south side of the Roanoke marshes, and the collector for the
port of Edenton having selected one of the islands of marsh be-
longing to the State, called Jackson's island, for that purpose :

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That all that piece or parcel of marsh, called Jackson island, lying Cedes jackSOn
and being in the county of Currituck, _ on the south side of the island, m Cur-
Roanoke marshes, containing by estimation thirty acres, be ceded United StateSo
to the United States of America ; and the said United States shall
and may have and exercise exclusive jurisdiction over the said
island of marsh, so long as they shall choose to hold and occupy
it, for the purposes specified : Provided, that nothing herein con- Proviso,
tained shall be construed to prevent the proper officers of this
State from executing any process, civil or criminal, within the lim-
its of said island.

AN ACT CEDING TO THE UNITED STATES JURISDICTION OVER CER-
TAIN LANDS AS SITES FOR LIGHT-HOUSES.

(Passed at the session of 1829.)

Whereas the United States have purchased of John Gray Preamble.
Blount ten acres of land at Pamplico point, and have purchased of
Pharoah Farrow forty acres at cape Hatteras ; and whereas the
United States have erected, or are now erecting a light-house up-
on each of said tracts, and, for their better security, ask exclusive
jurisdiction of said lands :

Be it therefore enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority of the Describes ^
same, That exclusive jurisdiction of the two tracts aforesaid be, lands hereby
and is hereby ceded to and vested in the United States, upon the ceded-
condition that the United States shall continue and keep up light-
houses upon the said tracts ; the first of which tracts is situated,
lying and being in the county of Beaufort, and bounded as follows,
that is to say : Beginning at a cedar stake on the sound side of
Pamplico point, forty poles southwardly of the point of Pamplico

18c* CHEROKEE LANDS.

marsh ; thence west forty poles to a cedar stake ; thence north
forty poles to Pamplico river ; then with the various courses of
the river and sound to the beginning, containing ten acres ; and
the other tract aforesaid is situated, lying and being on cape'Hat-
teras, in the county of Hyde, beginning at Elizabeth Williams's
line on the Cape creek, and running with her line westwardly to a
cedar stake, then southwestwardly with another of said Elizabeth's
lines to Jacob Farrow's line, then east with said Jacob Farrow's
line to the Cape creek, and from thence with said Elizabeth Wil-
liams's line. to the beginning, containing forty acres.

2. Be it further enacted, That nothing herein contained shall
be so construed, as to debar or hinder any of the officers of this
State from serving any process or levying executions within the
limits by this act ceded to the United States, in the same manner
and to the same effect as if this act had never been passed.

CHEROKEE LANDS.

AN ACT IN RELATION TO THE CHEROKEE LANDS.
(Passed at the session of 17S3.)
(The first four sections unnecessary to be inserted.)

!o?hdecrherokeeeL 5" A™ be ** Mher enacted, That the Cherokee Indians shall
Indians. have and enjoy all that tract of land bounded as follows, to wit :

Beginning on the Tennessee where the southern boundary of this
State intersects the same nearest to the Chickamawga towns,
thence up the middle of the Tennessee and Holstein to the mid-
dle of French Broad, thence up the middle of French Broad riv-
er (which lines are not to include any island or islands in the said
river) to the mouth of Big Pidgeon river, thence up the same to
the head thereof, thence along the dividing ridge between the wat-
ers of Pidgeon river and Tuckasejah river, to the southern boun-
dary of this State ; and that the lands contained within the afore-
said bounds shall be and are hereby reserved unto the said Chero-
kee Indians and their nation forever ; any thing herein to the con-
trary notwithstanding.

ferine en" 6' And be *"' further ™acted, That no person shall enter and

Cherokee * survey any lands within the bounds set apart for the said Chero-

lands. kee Indians, under the penalty of fifty pounds specie for every

such entry so made, to be recovered in any court of law in this

State, by and to the use of any person who will sue for the same;

lc?hvoldneS' and a11 such entries> and grants thereupon, if- any should be made,
shall be utterly void.

ofteSto 7- And be if father enacted, That no person, for any consider-
be void. ation whatever, shall purchase or buy, or take any gift or lease of

CHEROKEE LANDS. 189

any tract of land within the said bounds, of any Indian or Indians,
but all such bargains, sales, gifts and leases shall be, and are here-
by declared to be null and void ; and the person so purchasing, penalty on per-
buying, leasing or taking any gift of any land, of any Indian or In- sons pur-
dians as aforesaid, shall moreover forfeit the sum of one hundred the^ame. °
pounds specie for every hundred acres so purchased, bought,
leased or taken as aforesaid, onehalf to the use of the State, and
the other half to him that will sue for the same, to be recovered
in the manner as aforesaid.

8. And whereas the said Indians may receive injuries from peo- j-*0 persons to
pie hunting, ranging or driving stocks of horses, cattle or hogs, drive stock 'on
on the lands hereby allotted them: For remedy whereof, Be & their lands.
enacted. That it shall not be lawful for any person or persons what-
soever to hunt or range on the said lands, or to drive stocks of
cattle, horses or hogs thereon, on pain of forfeiting the sum of
fifty pounds specie for every such offence, together with such Penalty,
stock or stocks of horses, cattle or hogs, so driven ; to be recov-
ered by any person who shall sue for the same in the manner afore-
said.

AN ACT PRESCRIBING THE MODE OF SURVEYING AND SELLING
THE LANDS LATELY ACQUIRED BY TREATY FROM THE CHERO-
KEE INDIANS.

(Passed in the session of 1819.)

1. Be it enacted^ fyc. That as soon as may be convenient, The governor
after the passage of this act, the governor shall appoint two com-to appoint com-

l j .. v l 11 i _ • v lii- t missioners.

missioners whose duty it shall be to superintend and direct the
manner in which the said lands shall be surveyed and laid off into
sections containing from fifty to three hundred acres of land : that
they shall further cause the principal surveyor to note down in
each of the said sections the quality of the land contained therein,
stating that it is of the first, second or third quality ; and in all
cases where it can be done with convenience, or the situation of
the land will admit of it, such portion of the adjoining mountain-
ous lands shall be included in each section as may be deemed suf-
ficient for buildings, fences, fuel and other necessary improve-
ments.

2. And be it further enacted. That one principal surveyor of p • • ,
skill and integrity, shall also be appointed by the governor, with veyor. His
full power and authority to appoint as many deputy surveyors, duties-
chain carriers and markers, and to employ as many pack horses as Deputy survey-
may be thought necessary to complete the said survey in the most op, ch'ain car-
speedy and effectual manner ; for whose conduct the said princi- ners' &c'

pal surveyor shall be responsible. And the principal surveyor
shall give bond and security in the sum of ten thousand dollars,
payable to the governor for the time being, for the faithful dis-
charge of the several duties imposed by this act. It shall further
be the duty of the said principal surveyor, under the directions of
the commissioners aforesaid, to cause each section by him survey-

190 CHEROKEE LANDS.

ed, to be measured and marked, and the corners to be clearly de-
signated on trees, or otherwise, with the number of each section.
Duty of sur- 3. And be it further enacted. That each surveyor shall note in
mmes'&c0"11^'3 ^e^ book, the true situation of all mines, springs, mill seats,
and water courses, over which the lines he runs shall pass, and
those contiguous thereto : That the said field book shall be return-
ed to the commissioners, who shall cause their principal surveyor
therefrom to make a description of the whole lands surveyed, in
Three plats of three connected plats, one of which, when completed, shall be

the whole land ■ ' i i ■ n 1 t •>

to be made, &c transmitted to his excellency the governor, one to the secretary s

office, and the other lodged and recorded in the clerk's office of

the county of Haywood.

Site for public 4. And be it further enacted, That it shall be further the duty

a mgs. Q£ tjie gaj.j commissioners to ascertain and fix upon some central

and eligible spot for the erection of the necessary public buildings,

whenever that section of the State may be erected into a separate

county, and that four hundred acres surrounding the said site, shall

be reserved for the future disposition of the legislature.

So much of the 5, j}n(l be it further enacted, That no portion of said lands shall

will sell for De surveyed and laid off into sections, except so much thereof as

fifty cents an in the estimation of said commissioners will sell for fifty cents per

aue ■ 10 ai acre . ^^ ^at t]ie residue of said lands shall be reserved for the

And no part of future disposition of the legislature, and that no part or portion

the land to be thereof shall be liable to be entered in the entry taker's books for

subject to entry. .,•'...

the county ol Haywood, or elsewhere, until provision be made by
law for the disposal thereof; and entries heretofore made, or grants
obtained, or which may hereafter be made, otherwise than as pro-
vided by this act, be and the same are hereby declared to be ut-
terly void and of none effect.
Governor to 6. And be it further enacted, That the governor on receipt of

sale &c1CC ° tne plats ana" drafts heretofore provided for in this act, shall give
notice by proclamation in all the newspapers published in the city
of Raleigh, and in such other papers in the adjoining states of
South Carolina, Georgia, Virginia and Tennessee, of the time and
place of sale, as he may deem advisable, which in no case shall be
less than two months from the date of the notice, that the said
lands shall be exposed at public sale to the highest bidder at
Waynesville, in the county of Haywood, under the superintend-
ence of the said commissioners ; and the sale shall be kept open
for the space of two weeks and no longer.
Terms of sale. 7. And be it further enacted, That the said commissioners shall
require of each and every purchaser to pay down, at the time of
sale, one eighth part of the purchase money, and shall take bond
and security for the payment of the balance in the following in-
stalments, viz : The balance of one fourth at the expiration of
twelve months, one other fourth at the expiration of two years,
one other fourth at the end of three years, and the remaining
fourth at the end of four years ; and in no instance shall a grant or
grants issue to the purchaser, until the whole of the purchase
money be paid in full ; and in case of failure to pay the whole
when due, and the money cannot be obtained by a judgment on

CHEROKEE LANDS. 191

their bond, then and in that case, the land shall revert to the State,
and be liable again to be sold for the use and benefit of the State.

8. And be it further enacted, That if during the time of said Mininum of
sale, any section of land noted to be of the first quality, shall not pnce'
command in the market the sum of four dollars per acre, the said
commissioners shall postpone the sale of such section until further Saies post.
directed by the legislature ; and in like manner lands of the second poned.
quality not commanding three dollars, and lands of the third quali-
ty not commanding two dollars, shall be postponed as aforesaid,

and report thereof made to the governor.

9. And be it further enacted, That the said commissioners shall Compensation
each receive per day, during: the time of their performing the said t0 commisslon-

i • i l c f i ii i • • i r i ers, surveyors,

duties, the sum ol nve dollars, the principal surveyor the sum ot &c.
five dollars, and his assistants each the sum of four dollars ; each
chain carrier and marker, the sum of two dollars, and each man
with a pack horse, two dollars and fifty cents ; they and each of
them bearing their own expenses.

10. And be it further enacted, That the said commissioners When grants
shall give to each purchaser a certificate describing the land by are to be issued,
him purchased, with a plat of the lot and number of the section
conformable to the plan returned to the secretary's office ; upon

the production of which and proof of the payment of the purchase
money made to the secretary by the treasurer's receipt, it shall be
the duty of said secretary to issue a grant to the purchaser for the
said lot of land in the usual and common form.

1 1 . And be it further enacted, That each commissioner shall Commissioners
give bond and security, payable to the governor and his successors ° glve JOn

in office, in the sum of eighty thousand dollars, for the faithful dis-
charge of the several duties imposed on them by this act.

12. And be it further enacted, That the bonds to be taken by Bonds for pur-
the said commissioners for securing the balance of the purchase ^edwith the
money, shall be by them lodged with the treasurer of the State, Treasurer.
and they shall take from him duplicate receipts, one of which shall

be filed with the comptroller, who shall thereupon raise an account
with the obligors.

13. And be it further enacted, That the said commissioners Commissioners
shall render an account upon oath to the comptroller, of all moneys *° ^^f return
by them received from purchasers on the several days of sale, and trailer, &c
pay the amount thereof into the treasurer's office, at as early a

period as possible after the said sales are over.

14. And be it further enacted, That until the said section of Temporary ju-

• i • i tv • it- i ii i risdiction oi

country is laid off into a separate and distinct county, it shall be the country.
and remain subject to the jurisdiction of the county of Haywood,
and form a part thereof.

15. And be it further enacted, That it shall be the duty of the Ki"d of mo"ey

» . * to be received.

governor to instruct the said commissioners as to the money or
notes of banks other than those of this State, which shall be
received in payment of said land.

16. And be it further enacted, That if any purchaser shall be Discount of
disposed to pay the whole of the purchase money or any particular for prompt pay-
instalment in advance, the treasurer or the commissioners are mcnt-

192

CHEROKEE LANDS.

authorized to receive the same, and he shall be allowed a discount
at the rate of eight per centum per annum on such advancement.
Advance of !?■ And be it further enacted, That the governor be and he is

dolkrstbT" h1ereb>r T}TZGd t0 dmv °n the treasurer for the suni of three
made. thousand dollars, to be paid to the commissioners to enable them

to commence the said business, and by them to be applied towards
paying charges and expenses incident to the performance of the
duties enjoined on said commissioners, and for which the said
commissioners shall give the State credit on the final settlement of
their accounts.

^SbT7 ■ 1S' Be ? enac?rf' That each and eveiT Purchaser of any see-
the purchasers, tion or sections of said land, having- obtained a certificate from the
commissioners as heretofore provided in this act, his heirs and
assigns, shall have full power and authority to institute an action of
ejectment in the name of the State of North Carolina, against any
person or persons, who may be in possession of such section of land,
and shall, on application, refuse to deliver up quiet and peaceable
possession thereof. And the certificate of the commissioners to
such person shall be evidence of title and right to sustain said
action, unless it shall appear to the court before whom such action
is tried, that said purchaser has forfeited his right under said pur-
chase as in this act provided. Provided, the said purchaser shall
give bond and security for the payment of all costs accruing in said
action in case of his failure to recover.

AN ACT TO AUTHORIZE THE GOVERNOR OF THIS STATE TO DI
RECT THE SALE OF THE LANDS LATELY ACQUIRED BY TREATY
FROM THE CHEROKEE INDIANS WHICH ARE YET UNSOLD.

(Passed at the session of 1820.)

Governor* ap-, l.' ** * enact'd> **> That the governor of this State be, and
point commis- ne w hereby authorized and empowered, to direct the sale of so
th°eTarndre11 ™»?h of the lands lately acquired by treaty from the Cherokee
Indians as have been surveyed and yet remain unsold, at such time
and place as he may deem proper, under the direction and super-
intendence of two commissioners, to be by him appointed for that
purpose after having first advertised the same for one month in
the public newspapers published at this place, which sale shall be
kept open for one week and no longer.
Commissioners 2. And be it further enacted, That the commissioners who mav
to ^ve bond, be appointed by authority of this act, shall each give bond and
security m the sum of twentyfive thousand dollars, payable to the
governor for the time being, for the faithful performance rof the
duties ol their appointment, and that they shall receive the same
compensation for their services per day, as was allowed the com-
missioners appointed by virtue of an act passed the last session of
this General Assembly, entitled « An act prescribing the mode of
surveying and selling the lands lately acquired by treaty from the
Cherokee Indians."

CHEROKEE LANDS.

193

3. And be it farther enacted, That the provisions of the before Certain sec
recited act, contained in the seventh, eighth, tenth, twelfth, thir- acfto^in1 °r
teenth, fifteenth and eighteenth sections, are hereby declared to be force.

in force, and applicable to the commissioners and sale which may
be held agreeably to this act.

4. And be it further enacted, That the persons that have al- Occupants en-
ready settled on said lands, waiting for the sale thereof, shall beCr0pS. °
entitled to the benefit of the crops that they have planted previous

to the sale above recited.

5. And be it further enacted, That if any purchaser shall be dis- Discount allow-
posed to pay the whole of the purchase money, or any particular ?d °° payments
instalment, in advance, the treasurer or the commissioners are
authorized to receive the same, and he shall be allowed a discount

at the rate of eight per cent, on such advancement.

AN ACT PROHIBITING WHITE MEN FROM CULTIVATING THE LANDS
RESERVED TO THE CHEROKEE INDIANS.

(Passed at the session of 1S20.)

Be it enacted, ^-c, That from and after the passing of this act, Km for dig-
it shall not be lawful for any white man to buy, rent, lease or cul-
tivate any of the lands reserved to the Cherokee Indians by the
late treaties in eighteen hundred and seventeen, and eighteen hun-
dred and nineteen, nor to act as agent, attorney or trustee, in buy-
ing, renting, leasing or cultivating such lands : and any person
violating the provisions of this act, shall forfeit five hundred dol-
lars, to be recovered in any court having cognizance of the same,
the one half to any person suing for the same, and the other half to
the State : Provided nevertheless, that this act shall not extend or Proviso
be so construed as to prevent Richard Walker, or the Big Bear,
from managing the lands allotted to them as they may think proper.

AN ACT TO AMEND AN ACT, PASSED AT THE LAST SESSION OF THE
GENERAL ASSEMBLY, ENTITLED "AN ACT PROHIBITING WHITE
MEN FROM CULTIVATING THE LANDS RESERVED TO THE CHER-
OKEE INDIANS."

(Passed al the session of 1821.)

Be it enacted, <^c, That any white man who shall have pur- White men
chased from this State, at the sales made by commissioners under i^dmns^ri^ht
the acts of the General Assembly, lands reserved for certain to lands.
Cherokee Indians, may purchase or extinguish the right of the
Indians, to whom said lands were reserved, to the land so sold by
the authority of this State ; any thing in the above recited act to
the contrary notwithstanding.

2. Be it enacted, That the penalty incurred by any persons, in Penalty for
buying, renting, leasing or cultivating lands from Indians, which froITfndkDs
lands such persons had previously purchased from this State, as remitted.
hereinbefore mentioned, is hereby remitted and discharged.

vol. ii. 25

194 CHEROKEE LANDS.

AN ACT CONCERNING THE LANDS LATELY OBTAINED BY TREATY
FROM THE CHEROKEE INDIANS.

(Passed at the session of 1821.)

Governor to di- 1- Be it enacted, fyc, That the governor be, and he is hereby
rh tht sale °f autrlorized to direct the sale of so much of the lands acquired from
lands. the Cherokee Indians as have been surveyed, and yet remain un-

sold, at such time and place as he may deem proper, under the
direction of a commissioner to be by him appointed for that pur-
pose, after having first advertised the same for at least one month,
in the papers of this city, in the Western Carolinian, of Salisbury,
and in such other papers as he may think proper ; which sale
shall be kept open for two weeks and no longer.
Commissioner 2. Be it enacted, That the commissioner so appointed shall
to give bond in give bond with security in the sum of thirty thousand dollars, pay-
dollars. ° able to the governor, for the faithful performance of his duty, and
His compensa- that he receive as a compensation for his services the sum of five
tl0n- dollars for each and every day he attends said sale, and the sum

of four dollars for every thirty miles from his residence to the
place of sale, and back again ; and should it be deemed necessa-
ry for him to attend at Raleigh for the settlement of his accounts,
he shall receive the sum of three dollars for every thirty miles to
and from the same.
Certain sec- 3. Be it enacted, That the provisions of the seventh, tenth,

tions continued twelfth, thirteenth, sixteenth and eighteenth sections of an act,

in. iorcc ■

passed in the year one thousand eight hundred and nineteen, enti-
tled " An act prescribing the mode of surveying and selling the
lands lately acquired by treaty from the Cherokee Indians," be,
and the same are hereby continued in force.
Commissioner 4. Be it enacted, That, if during the sale, any section of land
saS°ifPthee noticed to be of the first quality, shall not command in market the
lands do not sum of three dollars, and in like manner lands of second quality
propefprices. not commanding two dollars, and lands of third quality not com-
manding one dollar and fifty cents, the commissioner shall post-
pone the sale of such lands until further directed by the legislature ;
and where the commissioner discovers that any section of land is
likely to bring less than its value, either for the want of competi-
tion, or from a combination among the bidders, he shall bid off
the same for the State.
Commissioner 5. Be it enacted, That the commissioner aforesaid shall ascer-
to ascertain tajn w]-,at sections or pieces of lands are now in dispute between

what lands are . . 1 . r

in dispute be- the Indians claiming under the treaties and the persons holding
tw^eneJn(^ans under the State, and report the same to the treasurer, who, up-
claiming under on this or any other correct information, shall forbear to proceed
this state. jn .^e col]ection of the bonds due from such persons until the
controversy shall be decided by the proper tribunal ; and in the
event the persons holding under the State are ejected by the In-
dians, then, upon due proof of that fact, the treasurer shall re-
fund to such persons ejected whatever sums of money they may

CHEROKEE LANDS.

195

have paid to the State, with interest thereon from the time of
such payments, and further deliver over to them the bonds held
for the balance of the purchase money. _

6. Be it enacted, That the commissioner appointed under this ^{^TsX
act shall, before the days of sale aforementioned, proceed and lo- for a town.
cate the site for a town on the four hundred acres of land reserv-
ed for that purpose by the fourth section of an act passed in eigh-
teen hundred and nineteen, entitled " An act prescribing the mode

of surveying and selling the lands lately acquired by treaty from
the Cherokee Indians ;" and he shall further survey and mark out
the lots of said town, not exceeding twenty in number of one acre
each, including a public square in the most suitable place ; and the
said commissioner, at the time of selling the lands shall expose
to public sale, on the same terms and conditions, a number not
exceeding eight lots, selecting such ones as he may deem most
advisable to sell ; Provided, that not more than two of the corner
lots next to the public square shall be sold, and the proceeds of
the sale of said lots shall be returned to the treasurer, subject to
the future disposition of the legislature.

7. Be it enacted, That the town located and laid out as afore-
said, shall be known by the name of Franklin, in honor of Jesse
Franklin, the late governor of this State.

AN ACT TO PROVIDE FOR THE SALE OF THE LANDS LATELY AC-
QUIRED BY TREATY FROM THE CHEROKEE INDIANS, WHICH
HAVE BEEN SURVEYED AND REMAIN UNSOLD.

(Passed at the session of 1S22.)

1. Be it enacted, fyc, That the governor be, and he is hereby
authorized to direct the sale of so much of the lands lately acquired
by treaty from the Cherokee Indians, as have been surveyed and
remain unsold, at such time and place as he may deem proper, un-
der the direction of a commissioner to be by him appointed for

that purpose, after having advertised the same at least one month, Month's notice
in the papers of this city, the Western Carolinian, of Salisbury, vertisement. "
and such other papers as he may think proper ; which sale shall
be kept open one week, and no longer.

2. Be it enacted, That if, during the sale, any section of land If lands do not
noticed to be of the first quality, shall not command in the market ueffale to be
the sum of three dollars, and in like manner, lands of the second postponed,
quality not commanding the sum of two dollars, and lands of the

third quality not commanding one dollar, the commissioner shall
postpone the sale of such lands ; and when the commissioner dis-
covers that any section of land is likely to bring less than its value, Commissioner
either for want of competition, or from combination among the gtatJ, in°certain
bidders, he shall bid off the same for the State. cases.

3. Beit enacted, That the provisions of the second section of ^^a^.st^ce"act
an act, passed at the last session of the General Assembly of this of last year to
State, entitled An act concerning the lands lately acquired by trea- for(?°atmued m

196

CHEROKEE LANDS.

ty from the Cherokee Indians, and the provisions of the seventh,
twelfth, thirteenth, sixteenth and eighteenth sections of an act
passed in the year one thousand eight hundred and nineteen, enti-
tled An act prescribing the mode of surveying and selling the lands
lately acquired by treaty from the Cherokee Indians, be, and the
same are hereby continued in force.

The governor
to appoint two
commissioners
to meet and
contract with
said Indians.

To ascertain
whether said
Indians have
sold their titles
to individuals.

Commissioners
to report to the
next General
Assembly.

Pay of the
commissioners

Course to be
taken where
the Indian ti-
tle is adjudged
not good.

AN ACT RESPECTING THE RESERVATIONS OF CERTAIN INDIANS
OKEE NAT,ONS "!"" A°aUIRED BY ™EATY «* ™^^

(Passed at the session of 1823.)

1. Beit enacted, $c That two commissioners be appointed
by the governor of the State, whose duty it shall be, at some time
before the next session of the General Assembly, to meet at some
convenient place in the county of Haywood, and inquire into the
titles of certain tracts of land claimed by individuals of the Chero-
kee nation of Indians, under certain provisions made in the trea-
ties concluded between the United States and the said nation, in
the years one thousand eight hundred and seventeen, and one
thousand eight hundred and nineteen ; and that said commissioners
be, and they are hereby authorized to contract with any of the
said Indians, or with any agent or agents duly authorized by them
for the purchase of the tract or tracts to which the said commis-
sioners shall believe the said Indians, or any of them, shall have a
good and valid title under the provisions of the said treaties ■ such
contract to be made subject to the further ratification of the Gen-
eral Assembly.

2. Be it enacted, That it shall be the duty of the said commis-
sioners to ascertain the fact, if practicable, whether the said In-
dians, or any of them, have sold their titles to individuals, and
the names of those individuals, and report the same to the next
Lreneral Assembly.

3. Be it enacted, That it shall be the duty of the said commis-
sioners to report to the General Assembly, at their next session,
their proceedings under the foregoing section, and whether the
said Indians will consent to sell the said lands ; if so, an account
of each contract they may enter into with the said Indians, and such
contracts, when ratified by the General Assembly, shall be bind-
ing on the State, and not otherwise.

4. Be it enacted, That the said commissioners shall be allowed
the sum of four dollars for every day they shall be necessarily em-
ployed in the discharge of the duties hereby imposed, estimating
every thirty miles they shall travel to and from said place of meet-
ing, as one day.

5. Be it enacted, That whenever the commissioners appointed
under this act, shall adjudge that the title claimed by any Indian to a
reservation under the above mentioned treaty is not a good and valid
title, where the land so claimed has been sold under the authority

CHEROKEE LANDS. 197

of the State, and the purchaser has been sued or shall be sued for
the same, it shall be the duty of the governor to employ some able
attorney to appear in behalf of such purchaser, and defend the title
conveyed by the State : Provided, that nothing herein contained
shall have the effect, or be construed to validate or confirm the
title of the purchasers from the commissioners of this State, nor of
any persons holding under such purchasers.

AN ACT FOR THE RELIEF OP SUCH PERSONS AS BECAME PURCHAS
ERS OP THE CHEROKEE LANDS, SOLD UNDER THE AUTHORITY
OP THIS STATE. '

(Passed at the session of 1823.)

1. Be it enacted, #c, That a stay of proceedings on the bonds A sta7 °f pro-
given by the purchasers of the lands, commonly called the Chera-SSSX?"
kee lands, which were sold by this State in the years 1820 and land* until 0c-
1821, and which are at present due, be, and the same is herebv ^ 81> 1S24'
given, from and after the passing of this act until the thirtyfirst day
of Uctober, which shall happen in the year 1824.

1. Be it enacted, That the public treasurer be, and he is hereby The treasurer
authorized and directed to receive from all purchasers of the above dXhofVuT"
description, who shall tender payment on or before the day above 3KS5£
fixed and mentioned, the one-eighth part of the instalments with £?£* °f °ne"
the interest accrued thereon, which are now due on their bonds
where, by the terms of the bonds, the onefourth is required • and
upon payment of the same, the public treasurer is hereby' fully
authorized and directed to postpone the remaining parts of such in
stalments for twelve months thereafter ; and the like course shall
be pursued by him in regard to all other of the bonds given by the
purchasers of said lands, which shall become due hereafter : Pro- This indul
vided, that none of the purchasers above mentioned shall be entitled sence not t0 be
to this indulgence who shall fail or neglect punctually to perform %££3
the conditions of it ; but the bond or bonds of each and every per- purchasers.
son so failing, shall immediately after such failure, be proceeded
on as though this act had never been passed: Provided always,
that interest on all the payments shall continue to run in like man- Interest to Con-
ner as it tins act had not passed : And provided further that no tblue t0 run-
postponement shall be made in virtue of this act in any case where
the sureties of the principal debtor, or any of them, should make
objections against such postponement, and signify the same in
writing to the public treasurer.

3. Beit enacted, That any purchaser of any tract of said land Purchasers
or trie lieirs of such purchaser, may assign and transfer his or her TY Wer
right under the certificate of his purchase, granted by the coLis" *

sioners to such purchaser, by deed for good or valuable consider-
ation ; and such deed, being proved or acknowledged and record-
ed as other deeds of land are bylaw required to be proved or
acknowledged and recorded, and such deed being filed in the
office of the secretary of state, and a certificate from the treasurer of
the btate that the purchase money of said land has been paid to the

]98

CHEROKEE LANDS.

State, it shall be lawful for the secretary of state to issue a grant
for such land to the assignee aforesaid, expressing in such grant
that the said grant is made to the said grantee, by virtue of the
assignment from the original purchaser.

AN ACT TO CARRY INTO EFFECT A CONTRACT ENTERED INTO BY
BENJAMIN ROBINSON AND WILLIAM ROBARDS, COMMISSIONERS
ON THE PART OF THE STATE, WITH CERTAIN INDIANS OF THE
CHEROKEE NATION, IN THE SAID CONTRACT NAMED.

(Passed at the session of 1824.)

Contract rat-
ified and con.
firmed.

1. Be it enacted, fyc, That the contract entered into between
Benjamin Robinson and William Robards, commissioners for that
purpose, appointed in conformity with the act of one thousand eight
hundred and twentythree, on the one part, and the following heads
of Cherokee Indian families, to wit : Jack, Sharp-fellow, Jacob,
Oo-lah-nottee, Johnson, Connaught, Bag, or Sap-Sucker, Club,
Wha-ya-kah, or Grass Grower, Old Nanny, Eu-noch, or Trout
by Skilkee, Am-ma-cher, or Water going under the Ground, Tau-
neh, for self and heirs, John, Bear going-in-the-hole, Too-naugh-
he-all, Beaver-toter, John Quickly, Fence, Parch-corn-flour,
Jenny, for self and heirs of Skekin, Ca-tee-hee, Yellow-Bear,
Sally Little-deer, for self and heirs, Jenny, Wolf, W. Reid, John
Ben, Thomas, Cul-sow-wee-hee, Old Mouse, Panther, Back-
water, Yono-na-gis-kah, Eu-che-lah, Tegen-tos-ah, Tom, for self
and Aquallah, widow and heir of Too-lah-notah, and Gideon F.
Morris, on the other part ; which contract was executed at Frank-
lin, in the county of Haywood, on the twentieth day of August,
A. D. 1824, witnessed by Humphrey Posey, Joshua Robards, Saul
Smith and G. Stephens, be, and the same is hereby ratified and
confirmed, except as to the claim of Gideon F. Morris, Tau-neh,
and the heirs of Ah-leach, Jenny, and the heirs Skekin, Sally
Little-Deer, and the heirs of Little-Deer, Aqual-lah and Tom,
widow and heir of Too-lee-noo-tah, Parch-corn-flour, Jenny, Ca-
tee-hee, Yellow Bear, Cul-sow-wee-he, Old Mouse and Panther,
and as to whom the said contract and treaty is not ratified and con-
firmed.

2. Be it enacted, That the said contract be enrolled and printed
with the laws of the State, and that the secretary of state cause to

the laws of the ke registered in a suitable book, to be procured for that purpose,
the certificates and surveys of the parties, together with the memo-
randum of evidence, and safely keep the originals, and all other
papers relative to the contracts, amongst the records of his
office.

3. Be it enacted, That the sum of nineteen thousand, nine hun-
m^thfconS dred and forty dollars from any unappropriated money in the trea-
into effect. sury, be, and the same is hereby set apart for the purpose of car-
rying the said contract into effect.

Commissioners 4. Be it enacted, fyc, That two commissioners be appointed by
to be appointed trie governor, who, upon the governor's warrant, shall draw from

Except as to
the claim of
Morris and
others.

Contract to be
enrolled, and
printed with

State.

Money set

CHEROKEE LANDS.

199

the treasury the sum of nineteen thousand, nine hundred and forty to carry the
dollars, set apart in the third section of this act, for the purpose of gg^\act int0
carrying the aforesaid contract into effect, whose duty it shall be
to proceed to the town of Franklin, in the county of Haywood ;
and on notification to the parties, to meet them at that place, be-
tween the twentieth day of April and the second day of May next,
they shall pay the said parties, respectively, the sums stipulated to
be paid them by the said contract.

5. Be it enacted, That the commissioners to be appointed as Releases and
aforesaid, on the payment of the money, as in the fourth section l^ienhlm
of this act provided, shall take a release from the parties against the parties,
all suits, and take conveyances from the several persons as to

whom the said contract is ratified, of all their title and claim to
their said reservations within this State, in such form as shall be
good and sufficient to convey the same, and cause the same to be
proved and registered in the proper office of Haywood county ;
and after the same shall have been registered, that they cause the
same to be transmitted to the governor.

6. Be it enacted, That the said contract, after it shall have Contract to be
been enrolled, shall be delivered by the secretary of state to the Hay wood coun-
commissioners, to be appointed as aforesaid, whose duty it shall ty-

be to carry the same into the county of Haywood, and cause the
same to be proved and registered in the proper office of said coun-
ty ; and after the same shall have been registered, that they cause
the same to be returned to the governor.

7. Be it enacted, That the commissioners to be appointed as Fiye hundred

r •iiii i i i c i dollars to be

aforesaid, shall, upon the governor s warrant, draw Irom the trea- drawn from the
sury the sum of five hundred dollars, and that with the money thus treasury to pay
drawn, they liquidate and pay certain costs of suit, which the State
in good faith is bound to pay under the aforesaid contract, and that
they take the proper acquittances.

8. Be it enacted, That the treasurer pay the money, as in the Treasurer to
foregoing section provided, from any money in the treasury not pay the money-
otherwise appropriated.

9. Be it enacted, That the commissioners to be appointed as Commissioners
aforesaid shall enter into bond to the governor, with sufficient L°e?ter lnt0
security, in the sum of twentyfive thousand dollars, for the faithful
discharge of the duties as in this act prescribed, and that they shall

receive for their services at the rate of five dollars each per day, Their pay.
during the time of performing the duties required by this act.

10. Be it enacted, That if by death, refusal or other cause, if one of the
either of said commissioners shall fail to act, the other commis- sh0uld^noTact
sioner shall be authorized to perform the duties of commissioners the other may
under this act. $$?***

11. Be it enacted, That the commissioner or commissioners, Commission-
to be appointed as hereinbefore mentioned, shall report to the gov- "s '° rePort t0
ernor on or before the first day of November next, what he or they

may have done in conformity to this act.

12. Be it enacted, That the public treasurer shall retain in the S^ouT of
treasury, out of the proceeds arising from the Cherokee lands, the proceeds of
which shall be first received at the treasury, the amount of money iands/for° this

contract.

200

CHEROKEE LANDS.

appropriated by this act for carrying the above contract into
effect.

Preamble.

A stay of pro-
ceedings on the
purchasers'
bonds till the
next General
Assembly.

Treasurer to
receive one-
eighth of the
original pur-
chase, instead
of onefourth.

Repealing
clause.

AN ACT TO ALTER AND AMEND THE ACT OF THE GENERAL AS-
SEMBLY OP 1823, ENTITLED "AN ACT FOR THE RELIEF OF SUCH
PERSONS AS BECAME PURCHASERS OF THE CHEROKEE LANDS,
SOLD UNDER THE AUTHORITY OF THIS STATE."

(Passed at the session of 1S24.)

Whereas it is found from experience, that owing to the present
scarcity of money, the remote situation of the lands above men-
tioned, and the great distance from market of many of the pur-
chasers thereof, it is not only difficult to most, but impracticable
with some, to raise the money required of them as purchasers
aforesaid ; forasmuch, likewise, as the provisions of the act above
mentioned are of such doubtful construction as to be misunderstood
by many : For remedy whereof,

1. Beit enacted, fyc, That a stay of proceedings on the bonds
given by the purchasers of the lands, commonly called the Cherokee
lands, which have been sold under the authority of this State, be,
and the same is hereby granted, from and after the passing of this
act, until the meeting of the next General Assembly.

2. Be it enacted, That the public treasurer be, and he is here-
by authorized and directed to receive from all purchasers of the
above description, who shall tender payment on or before the
period fixed as before mentioned, the one-eighth part of the origi-
nal purchase, or debt due from him or them, together with all the
interest which shall have accrued thereon up to that time, instead
of requiring or demanding any other or greater part or proportion
thereof.

3. Be it enacted, That all acts and clauses of acts, which come
within the purview and meaning hereof, be, and the same are
hereby repealed and made void.

AN ACT FOR THE RELIEF OF CERTAIN PURCHASERS OF THE
CHEROKEE LANDS.

(Passed at the session of 1S25-)

1. Be it enacted, tyc, That where any person, whose bonds
ted on the are now held by the public treasurer, for the purchase of land
bonds of cer- acquired by the treaty with the Cherokee Indians, shall produce
to the treasurer satisfactory proof that the tracts of land, for which
such bonds were given, were materially interfered with by Indian
reservations, it shall be the duty of the treasurer to remit all the
interest which accrued on such bonds from their date until the first
day of May, one thousand eight hundred and twentyfive, and to
allow the same periods of credit, without interest, for the payment
of said bonds from the said first day of May, eighteen hundred and

tain purchasers.

CHEROKEE LANDS. 201

twentyfive, as were allowed by law to other purchasers from the
date of their purchase : Provided, that the provisions of this act
shall not extend to any person, who is not mentioned as having
purchased land, with which the Indian reservations interfered, in
the report made by the commissioners, Messrs Robards and Rob-
inson, to the legislature, at their last session, nor shall they be
construed to extend to any reservations except those to which the
Indian title was adjudged by the said commissioners to be good
and valid.

AN ACT TO REVIVE AND CONTINUE IN FORCE AN ACT, PASSED IN
THE YEAR ONE THOUSAND EIGHT HUNDRED AND TWENTYFOUR,
"TO ALTER AND AMEND AN ACT FOR THE RELIEF OF SUCH PER-
SONS AS BECAME PURCHASERS OF THE CHEROKEE LANDS, SOLD
UNDER THE AUTHORITY OF THIS STATE."

(Passed at the session of 1826.)

Be it enacted by the General Assembly of the State of North Act revived
Carolina, and it is hereby enacted by the authority of the same, ?ad continued
That an act " to alter and amend the act of the General Assembly the meeting of
of one thousand eight hundred and twentythree," which was the next Gen-
passed in the year one thousand eight hundred and twentyfour, be,
and the same is hereby revived and continued in force until the
next meeting of the General Assembly of this State ; and that
this act shall be in force from and after the ratification thereof..

' eral Assembly.

AN ACT PRESCRIBING THE MODE OF SURVEYING AND SELLING: THE
LANDS LATELY ACQUIRED FROM THE CHEROKEE INDIANS,

(Passed at the session of 1826.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That as soon as may be convenient after the passage of this act, Governor to ap-
the governor shall appoint one or two commissioners, as may be P.01nt commis-

o 11 * */ sioncrs.

deemed necessary, whose duty it shall be to superintend and direct Duty of com-
the manner in which all the said lands, which have not been here- missi°ners.
tofore surveyed, and which, in the estimation of the commissioner
or commissioners, shall be worth fifty cents an acre, shall be sur-
veyed and laid off into sections, containing from fifty to three hun-
dred acres of land ; that he or they shall further cause the principal
surveyor to note down, in each of the said sections, the quality of
the land contained therein, stating that it is of the first, second or
third quality ; and, in all cases where it can be done with con-
venience, or the situation of the land will admit of it, such portion
of the adjoining mountainous lands shall be included in each sec-
tion as may be deemed sufficient for buildings, fences, fuel, and
other necessary improvements : Provided, that no reservation Proviso.
secured by treaty to any Indian, shall be surveyed or sold.
vol. ii. 26

202

CHEROKEE LANDS.

sponsible for
their conduct.
Principal sur-
veyor to give
bond and secu
rity.

Further duty
of principal
surveyor.

Governor toap- 2. Be it further enacted, That one principal surveyor, of skill
oral s°ureveyOT, ^ integrity, shall be appointed by the governor, with full power
who is toap- ' and authority to appoint as many deputy surveyors, chain carriers
?hain carriers3,' and markers, and to employ as many pack horses, as may be
&c. and be re- thought necessary by the commissioner or commissioners to com-
plete said survey in the most speedy and effectual manner ; for
whose conduct the said principal surveyor shall be responsible ;
and the principal surveyor shall give bond and security in the sum
of ten thousand dollars, payable to the governor for the time
being, for the faithful discharge of the several duties imposed by
this act. It shall further be the duty of the principal surveyor,
under the direction of the commissioner or commissioners afore-
said, to cause each section by him surveyed to be measured and
marked, and the corners to be clearly designated on trees, or
otherwise, with the number of each section.
Commissioners 3. Be it further enacted, That each commissioner shall give
to eive bond bonc| an(j security, payable to the governor and his successors in
office, in the sum of fifty thousand dollars, for the faithful dis-
charge of the several duties imposed on him or them by this act.
Lands for sale 4. Be it further enacted, That previous to the sale, the com-
bybtheCcommis- missioner or commissioners shall designate all the lands, to be
sioners. surveyed under the directions of this act, into three classes,

according to quality ; that which is of the first quality, to belong
to the first class ; the second quality, to the second class ; and
the third quality, to the third class ; and if, during the time of the
Sales to be sale hereinafter provided for, any section of land noted to be of
Se^e""^ air- tne ^rst c^ass5 sna^ not command the sum of two dollars per acre
cumstances. in the market, the said commissioner or commissioners shall
postpone the sale of such section until further directed by the
legislature ; in like manner, lands of the second class, not com-
manding one dollar, and lands of the third class, not commanding
fifty cents per acre, shall be postponed as aforesaid, and report
thereof made to the governor.

5. Be it further enacted, That the third, fifth, sixth, seventh,
ninth, tenth, twelfth, thirteenth, fifteenth, sixteenth, and eighteenth

be in force, and secti0ns of an act, passed in the year one thousand eight hundred

HDD1ICELDI6 TO •

commissioners, and nineteen, entitled "An act prescribing the mode of surveying
and selling the lands lately acquired by treaty from the Cherokee
Indians," be, and the same are hereby declared to be in force, and
applicable to the commissioner or commissioners, surveyor and
sale which may be held agreeably to this act.

6. Be it further enacted, That the governor be, and he is
hereby authorized to draw on the treasurer for any sum not
exceeding two thousand dollars, to be paid to the commissioner
or commissioners, to enable them to commence the said business,
and by them to be applied towards paying charges and expenses
incident to the performance of the duties enjoined on said com-
missioner or commissioners, and for which said commissioner
or commissioners shall give the State credit on a final settlement
of his or their accounts.

7. Be it further enacted, That the persons already settled on

Certain sec-
tions of the
act of 1819 to

&c.

Governor au-
thorized to
draw on the
treasurer for
money to pay
commissioners

For the benefit
of those al-

CHEROKEE LANDS.

203

said lands, waiting for the sale thereof, shall be entitled to the ben- ready, settled
efit of the crops, which they may have planted or sown, previous
to the sale herein before directed.

8. And be it further enacted, That if any person shall bid offS^omh°v
lands at the above recited sale, and shall not comply with the terms wUh^rm^of
of such sale within twentyfour hours thereafter, if so required to fale within

, , , . . •> . . 11 V u u twentylour

do by the commissioner or commissioners, he, she, or tney shall hours, to forfeit
forfeit their bid, and the commissioner or commissioners may, m j^next hTh
such case, receive the bid of the next highest bidder, in the same est bidto be
manner as if he had been the highest hidder : Provided always, p™^.
that such bid is not below the minimum price of said land, and
that the commissioner or commissioners may, in their discretion,
sue for, and recover of the highest bidder, who has refused to
comply with the terms of sale, the difference between his bid and
the bid of the next highest, in case the commissioner or commis-
sioners should receive the same.

9. And be it further enacted, That at the time of said sale, the Commissioners
commissioner or commissioners shall have power to sell lots No. sell lots in the
3, No. 9, No. 13 and No. 19, in the town of Franklin, on the j0™ of Frank-
same terms of credit, and under the same rules and regulations

herein prescribed for the sale of the aforesaid lands.

AN ACT TO AMEND AN ACT, PASSED IN THE YEAR ONE THOUSAND
EIGHT HUNDRED AND TWENTYSIX, ENTITLED "AN ACT PRE-
SCRIBING THE MODE OF SURVEYING AND SELLING THE LANDS
LATELY ACQUIRED FROM THE CHEROKEE INDIANS."

(Passed at the session of 1S27.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the treasurer be, and he is hereby directed to pay to the sur- Treasurer di-
veyor, chain bearers, and other persons employed in surveying the rected to pay
Cherokee lands, the sums respectively due to them, as certified chal^bearers
by the commissioners appointed under the act of one thousand &c.
eight hundred and twentysix, entitled " An act prescribing the mode
of surveying and selling the lands lately acquired from the Chero-
kee Indians."

2. Be it further enacted, That so much of the above recited Repealing
act, as directs the sale of the Cherokee lands at Waynesville, in clause-
Haywood county, be, and the same is hereby repealed.

AN ACT TO AMEND AN ACT PASSED IN THE YEAR ONE THOUSAND
EIGHT HUNDRED AND TWENTYTHREE, ENTITLED " AN ACT RES-
PECTING THE RESERVATIONS OF CERTAIN INDIANS IN THE LANDS
LATELY ACQUIRED BY TREATY FROM THE CHEROKEE INDIANS."

(Passed at the session of 1827.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,

204

CHEROKEE LANDS.

Where the gov-
ernor suspects
the validity of
a title, he is to
employ counsel
in behalf of the
purchaser from
the State.

That whenever the governor for the time being shall have reason
to believe that the title set up by any Indian (or person claiming
under any Indian) to a reservation under the treaties of one thou-
sand eight hundred and seventeen, and one thousand eight hundred
and nineteen, is not a good and valid title, where the land so claimed
has been sold under the authority of the State, and the purchaser
has been sued, or shall be sued for the same, it shall be his duty
to employ counsel to appear in behalf of such purchaser from the
State, to defend the title conveyed by the State, any law to the
contrary notwithstanding.

Continued in
force till next
Assembly.

AN ACT TO CONTINUE IN FORCE AN ACT PASSED AT THE LAST
SESSION OF THE GENERAL ASSEMBLY ENTITLED "AN ACT TO
REVIVE AND CONTINUE IN FORCE AN ACT PASSED IN THE YEAR
EIGHTEEN HUNDRED AND TWENTYFOUR TO ALTER AND AMEND
AN ACT FOR THE RELIEF OF SUCH PERSONS AS BECAME PUR-
CHASERS OF THE CHEROKEE LANDS, SOLD UNDER THE AUTHOR-
ITY OF THIS STATE."

(Passed at the session of 1827.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the above recited act be, and the same is hereby continued
in force until the next meeting of the General Assembly of this
State ; and that this act shall be in force from and after the ratifi-
cation thereof.

AN ACT TO ALTER AND AMEND THE ACT OF ONE THOUSAND
EIGHT HUNDRED AND NINETEEN, ENTITLED AN ACT PRESCRIB-
ING THE MODE OF SURVEYING AND SELLING THE LANDS LATE-
LY ACQUIRED BY TREATY FROM THE CHEIIOKEE INDIANS.

(Passed at the session of 1828.)

Preamble. Whereas by the said act it is directed, that upon proof of the

payment of the purchase money made to the secretary of state by
the treasurer's receipts, it is made the duty of the secretary of
state to issue a grant to the purchaser ; and in many instances,
from the lapse of time between the first and last payment, the re-
ceipts that are given by the treasurer have been lost or mislaid,
for remedy whereof,

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,

Provides for That whenever any of the purchasers of the Cherokee lands shall

"Durciiii^Grs wno * ±

may have lost have lost or mislaid the receipt or receipts that shall have been
their receipts. gjven by the treasurer, if it shall appear from the books of the
treasury office that the whole amount due from any purchaser has
been paid, the treasurer shall make out a certificate of such pay-
ment, and upon the same being filed with the secretary of state,

CHEROKEE LANDS.

205

together with the other certificates, as prescribed by the said act,
the secretary of state shall issue a grant to such purchaser, in the
same manner as directed by said act.

AN ACT FOR THE RELIEF OF SUNDRY PURCHASERS OF CHEROKEE

LANDS.

(Passed at the session of 1828.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same, That
the public treasurer be and he is hereby authorized to suspend the Treasurer au-
collection of the bonds given for the purchases of the lands called Aorized to sus-
the Cherokee lands, which were sold by the State, until the meet- oPbonds?0 1<m
ing of the next General Assembly, and immediately thereafter to
commence suit upon all bonds when the obligors shall not have
paid on or before that day one-eighth part of the principal and in-
terest due upon said bonds respectively : Provided, that nothing proviso.
herein contained shall be construed to extend to any of the obli-
gors, whose securities may request that suits should be brought.

AN ACT TO AMEND THE TENTH SECTION OF AN ACT, PASSED IN
ONE THOUSAND EIGHT HUNDRED AND NINETEEN, ENTITLED
AN ACT PRESCRIBING THE MODE OF SURVEYING AND SELLING
THE LANDS LATELY ACQUIRED BY TREATY FROM THE CHERO-
KEE INDIANS.

(Passed at the session of 1829.)

Whereas, by the tenth section of the act aforesaid, purchasers Preamble,
cannot obtain grants for said lands, on any evidence of the pay-
ment of the purchase money save that of the treasurer's receipts ;
and whereas many of the purchasers have lost, or by accident
have had some of their receipts destroyed : For remedy whereof,

Be it enacted by the General Assembly of the State of North Car-
olina, and it is hereby enacted by the authority of the same, That
the certificate of the public treasurer, certifying that full payment Certificate of
has been made for any particular tract of land sold by the com- public treas-
missioners appointed to sell the lands aforesaid, describing the ur?rT^bJ;re"

i v • i ■ i ii i iii ° „ceived as ev-

same by district and section, shall be taken by the secretary of idence of pay-
state as evidence of payment ; on which he is authorized to issue ment-
grants as by law he is now authorized to issue on the production
of the treasurer's receipts.

AN ACT CONCERNING THE BONDS IN THE OFFICE OF THE PUBLIC
TREASURER FOR THE PURCHASE OF THE CHEROKEE AND TUS-
CARORA LANDS.

(Passed at the session of 1829.)

Whereas, according to the provisions of the several acts of as- Preamble,
sembly prescribing the mode of surveying and selling the lands
lately acquired from the Cherokee Indians, the comptroller is di-

206 CHEROKEE LANDS.

rected to raise an account against the several obligors for their re-
spective purchases ; and the bonds given by them were deposited
with the treasurer by the commissioners who took the same, with-
out any statement or receipt therefor being filed with the comp-
troller, so as to enable him to perform his duty : and whereas the
check, intended to be preserved upon the treasurer in the discharge
of his duty in this respect, as required by the several laws passed
for that purpose, does not exist : Therefore,

Be it enacted by the General Assembly of the State of North
Carolina, and is hereby enacted by the authority of the same.,
imjr to prepare That it shall be the duty of the public treasurer to prepare a full
a statement of and particular statement of the bonds in his office, given for the
fbr Cherolee611 purchase of the lands lately acquired by treaty from the Cherokee
lands, and de- Indians, as they were at the time he received the same from the
comptroller16 committee of investigation of the treasury department in one thou-
sand eight hundred and twentyseven, which shall be certified by
him to be and contain a true and correct statement thereof as
aforesaid ; and it shall be his duty to deliver the same to the comp-
, ,, , troller, to be by him filed in his office, who shall raise an account

Comptroller to ' J ' . .

raise an ac- against the public treasurer lor the same, and debit his bond ac-
count against count wjtn tne interest that has or may hereafter accrue on said

trie trensurer *

for the same, bonds, as the same shall have been or may hereafter be paid, and
&c- credit his said account with such sums of principal or interest as

may have been by the public treasurer heretofore paid according
to receipts on file in the comptroller's office, and for all sums that
may hereafter be paid agreeably to law, for and on account of said
bonds.
Further duty of 2. And be it further enacted, That it shall be the duty of the
the comptroller. comptrov|er t0 make out and complete the books in his office, on
which the accounts of the obligors in the bonds for the purchase
of the lands acquired as aforesaid are opened and kept up to the
end of each fiscal year, in the same manner as the same are now
kept in the office of the public treasurer, so as to exhibit the dif-
ferent amounts of principal and of interest to the time of the pay-
ments heretofore made, or which may hereafter be made, and the
true and actual amount of each debt, and of the balance due the
State on account thereof.

AN ACT FOR THE RELIEF OF CERTAIN PURCHASERS OF THE
CHEROKEE LANDS.

(Passed at the session of 1S29.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
Conditions on That where any person, whose bonds are now held by the public
which interest treasurer for the purchase of land acquired by the treaty with the
by thedpublicd Cherokee Indians, shall produce to the treasurer and attorney gen-
treasurer may eral satisfactory proof that the tracts of land for which such bonds
were given, were materially interfered with by Indian reservations,

be remitted.

CHEROKEE LANDS. 207

it shall be the duty of the treasurer to remit all the interest which
may have accrued on such bonds from their date until the first day
of December, one thousand eight hundred and twentynine, or so
much thereof as may be commensurate with the injury actually sus-
tained : Provided, that the provisions of this act shall not extend Proviso.
to any person whose lands have not been materially and injuriously
interfered with by such Indian reservations as have been recogniz-
ed as good and valid by Romulus M. Saunders and Humphrey
Posey, as commissioners of the United States, and purchased by
them as such.

2. And be it further enacted, That should the treasurer and Case in which
attorney general be of opinion that in any case the expense incur- furth?r remu-
red by the purchaser in defending any suit or suits which may have bTanowe'd.3'7
been brought against him in consequence of said purchase, or the

injuries that they may have sustained in consequence of such suits
and the delays and perplexities arising therefrom, or any further
charge the said purchaser may have been put to in purchasing the
Indian titles, is sufficiently great to authorize a larger remunera-
tion than the simple remission of interest, that in that case they
are hereby empowered to grant such further relief as they may ad-
judge the circumstances of the case to require.

3. And be it further enacted, That in all cases the depositions How depo-
offered by the parties, shall be sworn to in open court in the coun- sitions shall be
ty of Macon or before some justice of the peace in said county ; Uken'

and if any person shall be guilty of perjury, he shall be subject Penalty.
to indictment, and liable to all the pains and penalties as in other
cases now prescribed by law.

AN ACT TO AMEND THE TENTH SECTION OF THE ACT OF ASSEM-
BLY, CHAPTER NINE HUNDRED AND NINETVSEVEN, PASSED IN
THE YEAR ONE THOUSAND EIGHT HUNDRED AND NINETEEN,
ENTITLED " AN ACT PRESCRIBING THE MODE OF SURVEYING AND
SELLING THE LANDS LATELY ACQUIRED BY TREATY FROM THE
CHEROKEE INDIANS."

(Passed at the session of 1 S3 1.)

Whereas by the above recited act it is made the duty of the Preamble,
commissioners to deliver to the purchaser a certificate of his pur-
chase, with a plat of the lot and number of the section and district
conformable to the plan returned to the secretary's office, on
producing of which, and proof of the payment of the purchase
money, it was made the duty of the secretary to issue a grant ;
and whereas by misfortune and otherwise many of these certifi-
cates become worn out or lost, and the purchaser thereby de-
prived of getting his grant from the State, although he may have
paid all the purchase money, and got receipts accordingly : For
remedy whereof,

Beit enacted by the General Assembly of the State of North SueagraSon
Carolina, and it is hereby enacted by the authority of the same, affidavit of the
That in all cases where certificates may have been lost or de- Purchaser-

208 CHEROKEE LANDS.

stroyed, it shall be the duty of the secretary (on receiving the
affidavit of the purchaser, his heirs or assigns, taken before some
justice of the peace for his county, setting forth the number of the
section and district, and that the certificate of his purchase has
been lost or destroyed) to make out a copy of the plot and field
notes from the books in his office, and issue a grant in the usual
Proviso. way : Provided, that no grant shall issue where the number of the

section and district set forth in the affidavit does not agree with
the books in the office, nor without a receipt or certificate from
the public treasurer, setting forth the payment of the purchase
money.

AN ACT DIRECTING THE SALE OF THE LANDS REMAINING UNSOLD,
ACQUIRED BY TREATY FROM THE CHEROKEE INDIANS.

(Passed at the session of 1833.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
Govemer au- That the governor be, and he is hereby authorized to direct the
tho5!j|fd toidl" sale of so much of the lands lately acquired by treaty from the
and to appoint Cherokee Indians as have been surveyed and remain unsold, at
a. commissioner sucj1 tjme ancj p]ace as }ie mav deem proper, under the direction

for that pur- . . r J t t ' c

pose. oi a commissioner to be by him appointed lor that purpose, alter

having advertised the same at least three months in the public
newspapers of this city, the Western Carolinian of Salisbury, and
such other papers as he may think proper ; which sale shall be
kept open one week, and no longer.
Circumstances %" ^e •' further enacted, That if, during the sale, any section
under which of land noticed to be of the first quality, shall not command in the
sha^ostpone market one dollar and fifty cents per acre, and in like manner,
sale or bid off lands of the second quality not commanding seventyfive cents per
State °r l G acre, and lands of a third quality not commanding twentyfive cents
per acre, the commissioner shall postpone the sale of such lands ;
and when the commissioner discovers that any section of land is
likely to bring less than its value, either for want of competition
or from combination among the bidders, he shall bid off the same
for the State.
Parts of former **. Be it further enacted, That the provisions of the second
acts continued section of an act, passed in the year one thousand eight hundred
and twenty one, entitled "An act concerning the lands lately
acquired by treaty from the Cherokee Indians ; " and the pro-
visions of the seventh, twelfth, thirteenth, sixteenth and eighteenth
sections of an act, passed in the year one thousand eight hundred
and nineteen, entitled "An act prescribing the mode of surveying
and selling the lands lately acquired by treaty from the Cherokee
Indians," be, and the same are hereby continued in force.
Lots in Frank- 4. Be it further enacted, That the governor be, and he is
lf.™?J ¥ su^" hereby authorized to cause twelve additional lots to be surveyed
' ' in the town of Franklin, out of the four hundred acres reserved to
the State, which may, together with those already surveyed, be

CHEROKEE LANDS. 209

exposed to sale under like rules and regulations as is prescribed in
the before recited acts : Provided always, that the said commis- Proviso,
sioner be authorized, if in his opinion the interest of the State
require it, to purchase in the same for the State.

5. Be it further enacted, That nothing in this act shall be so Lands of doubt-
construed as to authorize the sale of any lands, the title of the 5" g^ no
State to which may be regarded as doubtful.

6. Be it further enacted, That in case the said lands should be Crops maybe
sold, nothing in this act shall be so construed as to prevent gathered-
persons who may have crops growing on the said lands, from
gathering the same.

AN ACT MAKING IT THE DUTY OF THE GOVERNOR TO CONVEY TO
THE JUSTICES OF HAYWOOD COUNTY COURT, CERTAIN LANDS
THEREIN DESCRIBED.

(Passed at the session of 1635.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be the duty of the governor of the State to convey to Governor to
the justices of Haywood county court, in trust for the said county, convey certain
any tracts of land commonly called Cherokee lands, remaining jusfice'sVf16
unsold within the limits of said county, whenever the said justices Haywood
shall execute and deliver to the public treasurer bonds with secu- countir court-
rities, to be approved by him for such sum, as the said lands may
be ascertained to come to at the prices prescribed by law as the
minimum prices for lands of the quality, that the said tracts were
apportioned to be by the commissioners, by whom the same were
surveyed.

2. Be it further enacted, That the bonds so executed, shall be How bonds
payable in four equal annual instalments. payable.

3. And be it further enacted, That it shall and may be lawful Justices to dis-
for the justices of said court to dispose of said lands for the use fands°f said
and benefit of Haywood county, under the direction of such com-
missioners, at such time and places, and upon such terms as may

be determined by said court, a majority of the justices being
present.

AN ACT PRESCRIBING THE MODE OF SURVEYING AND SELLING
THE LANDS OF THIS STATE, LATELY ACQUIRED BY TREATY
WITH THE CHEROKEE INDIANS.

(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That as soon as may be convenient after the passage of this act, Governor shall
it shall be the duty of the governor to appoint two commissioners, mission errand
whose duty it shall be to superintend and direct the manner in surveyor,
which the said lands shall be surveyed, and laid off ; and it shall be

vol. n. 27

210 CHEROKEE LANDS.

the further duty of the governor to appoint one principal surveyor,
of skill and integrity, with full power and authority to appoint as
many deputy surveyors, chain carriers and markers, and to employ
as many pack horses, as may be necessary to complete the said
surveying in the most speedy and effectual manner ; and the said
principal surveyor shall be responsible for the conduct of his said
deputy surveyors in their official duty.
Bonds required 2. And be it further enacted, That the said commissioners,
ers*aad survey- hefore entering on the duty by this act required, shall give bond
or. and security, payable to the State of North Carolina, in the sum of

ten thousand dollars, conditioned for the faithful discharge of their
several duties as commissioners ; and the said principal surveyor
shall also, before entering on the duties by this act required, give
bond, with sufficient security, as heretofore required of the com-
missioners, in the sum of ten thousand dollars, conditioned for the
faithful discharge of Iris duty as principal surveyor.
. f bli 3. And be it further enacted, That it shall be the duty of the
buildings to be said commissioners and principal surveyor to ascertain and fix upon
fixed upon, &c. some central and eligible site for the erection of the public build-
ings, which may hereafter become necessary when that portion of
the State may be erected into a separate and distinct county ; and
to lay off four hundred acres of land immediately surrounding the
said site, and to be reserved for the future disposition of the legis-
lature, (except as herein provided.) It is hereby the duty of the
said commissioners and principal surveyor to lay out, within the
said four hundred acres of land, one acre for the public square ;
and to lay off two streets, crossing each other at right angles,
which streets shall be one hundred feet in width ; and to lay off
twentyfour lots, of one half acre each, so that each lot may be one
hundred and five feet fronting the street ; and three fair plats of
which shall be made by the surveyor, and by him returned to the
commissioners, and by them deposited as hereinafter provided for
the returns of the maps of survey.
Lands to bei 4. And be it further enacted, That it shall be the duty of the
tricts and1" dlS" sa^ principal surveyor, under the directions of the commissioners
tracts. aforesaid, to cause all the lands of this State, lately acquired by

treaty from the Cherokee Indians, to be laid off into suitable dis-
tricts for the convenience of surveying, and number the said dis-
tricts progressively ; and to lay off and survey each district, or so
much thereof as they may deem practicable, into tracts, containing
from fifty to four hundred acres, and to be so laid out, where the
same can be done, as that each tract may include a suitable and
necessary portion of the timbered, mountainous or broken land, as
will be sufficient for building fences, fuel and other necessary pur-
poses : And the principal surveyor shall cause to be plainly marked
on the beginning corner of each tract, and fronting said tract, the
number of the district and tract, as the case may be ; and shall
cause all other corners to be plainly marked in the usual manner ;
and shall cause all lines by him run to be measured and plainly
marked, where the same may be practicable ; and shall lay down
in his field book a fair plat of each and every tract by him survey-

CHEROKEE LANDS. 21 1

ed, together with the district and number of the tract, as well as the

quantity and quality : being first, second, third, fourth and fifth, as

also a descriptive account of the lines and corners of each tract by

him surveyed. And the said principal surveyor, under the directions

of the commissioners, shall cause to be surveyed so much of the

said Cherokee lands as, in their opinion, will command the sum of

twenty cents per acre ; and the residue of said land shall remain

subject to the disposition of a future legislature, and shall not be

liable to be entered in the entry taker's office of the county of

Macon ; and when hereafter exposed to public sale, lands of the Gil.,allUes ^^

first quality shall not be sold for a less sum than four dollars per &c.

acre ; and lands of second quality, not less than two dollars per

acre ; and lands of the third quality, not less than one dollar per

acre ; and lands of the fourth quality, not less than fifty cents per

acre ; and lands of the fifth quality, not less than twenty cents per

acre.

5. And be it further enacted, That the surveyor shall note, in What surveyor
his field book, the true situation of all mines which may come to s

his knowledge, as also all mineral springs, mill seats and principal
water courses ; over which the line he runs may pass, and those
contiguous thereto ; and the said field books shall be delivered to the
principal surveyor, whose duty it shall be therefrom to cause to be
made three correct maps of the whole lands by him surveyed ; ^Itemade"6
and shall insert the quality of each tract so laid down in his map ;
and the said maps, when so completed, shall be delivered to the
commissioners, together with the field book of all such surveys, on
or before the first day of November, one thousand eight hundred
and thirtyseven, and shall be by the commissioners deposited in
the following manner, to wit : one map in the office of the county
court clerk for the county of Macon ; one other in the office of
his excellency the governor ; and the remaining one in the office
of the secretary, together with the field books of all the surveys,
made in pursuance of this act ; and the said commissioners afore-
said, upon the receipt of the maps and field books, shall, within
two months therefrom, file the same in the different offices as by
this act directed.

6. And be it further enacted, That it shall be the duty of the Governor to is-
governor, upon the return of the maps and field books as hereto- tionofTa^&c
fore directed, to issue his proclamation, which he shall cause to be
published in all the newspapers in the city of Raleigh, as also such

other papers in the adjoining states of South Carolina, Georgia,
Virginia and Tennessee, as he may deem necessary, of the time
and place of sale of the said land ; which notice shall be given at
least four months previous to said sale ; and the said sale shall be ap-
pointed and held in the town of Franklin, in the county of Macon,
commencing on the first Monday of September, in the year of our
Lord one thousand eight hundred and thirtyeight ; and to continue
from day to day, for the space of three weeks, and no longer.

7. And it shall be the further duty of the governor to appoint Governor shall
two other commissioners, to superintend the said sales, who shall, aPP°jnt com;

x r • i l'li- i • , i -i missioners of

belore entering on the duties by this act required, give bond, with sale, who, upon

212

CHEROKEE LANDS.

giving bond, sufficient security, in the sum of fifty thousand dollars each, paya-
seU, &c?Cee ble to the State of North Carolina, conditioned for the faithful dis-
charge of their duty as commissioners of sale ; and the said com-
missioners so appointed, and having given bond as heretofore
required, shall proceed, at the time and place by this act directed,
to expose to public sale to the highest bidder, commencing with
the first district and first tract, and so on progressively, until the
whole shall be so offered for sale according to the provisions of
this act ; and it shall be the duty of the said commissioners to sell
by tracts ; and having once offered for sale any tract, and the same
cannot be sold for the minimum price, to postpone the sale : Pro-
vided always, that if, after any tract shall have been so postponed, any
individual or individuals shall make known to the said commis-
sioners, in writing, that he or they are willing to give the minimum
price of any tract so postponed ; then in that case, it shall be the
duty of the commissioners to offer the same to public sale to the
highest bidder a second time, first giving notice by the public crier
by them employed for the land sales, at least one day previous
thereto, setting forth the particular tract or tracts so intended to
be offered, as also the day on which the same shall be so offered ;
and shall be conducted under the same rules and regulations as
other sales by this act directed.
Payments re- ®. ^n<^ ^e it further enacted, That the said commissioners shall
quired of pur- require of each and every purchaser to pay down, at the time of
said purchase, one eighth part of the purchase money ; and shall take
bond and security for the payment of the balance of the purchase
money in the following manner, to wit : the balance of one fourth
at the expiration of one year from the date of the sale, and one
other fourth at the expiration of two years, and one other fourth at
the expiration of three years, and the remaining fourth at the end of
four years ; and in no instance shall a grant or grants issue to the
purchaser until the whole of the purchase money shall be paid in
full ; and in case of failure to pay the whole when due, and the
money cannot be obtained by a judgment on their bonds, the lands
so purchased shall revert to the State, and shall again be liable to
be sold to any other person, for the use and benefit of the State.
Certificate and 9. And be it further enacted, That the commissioners shall
fiven. °W give t0 ea°b purchaser a certificate, describing the land by him or
them purchased, with a plot of the lot and number of tract, con-
formable to the plan returned to the secretary's office ; upon the
production of which, and proof of the payment of the purch se
money, made to the secretary, by the treasurer's receipt, it shall
be the duty of said secretary to issue a grant to the purchaser, for
the said lot or tract of land, in the usual and common form.
Commissioners 10. And he it further enacted, That the before mentioned com-
monevs°Ver missioners of sale shall faithfully account for, upon oath, and pay
over to the treasurer, all moneys by them received, in pursuance of
the sale of said lands as heretofore provided.
Commissioners \\m jjnd oe it further enacted, That the bonds taken by the

shall deposit .. « " ■ i i 1 r i i

bonds with commissioners, lor securing the balance ot the purchase money,
treasurer, &c. skavj be by them lodged with the treasurer of the State ; and they

CHEROKEE LANDS.

213

shall take from him duplicate receipts, one of which shall be filed
with the comptroller, who shall thereupon raise an account with
the obligors, and shall render an account, on oath, to the comp-
troller, of all moneys by them received and paid over to the treas-
urer ; which duties they shall perform at as early a day as may be
after said sale.

12. And be it further enacted. That if any purchaser shall be Advance pay-
disposed to pay the whole of the purchase money, or any part ments-
thereof, in advance, the commissioners are hereby authorized to

receive the same, and to deduct at the rate of six per centum per
annum on such advancement.

13. Be it further enacted, That each of the commissioners Compensation
appointed by this act shall be entitled for their services to the sum0? commis-

ri J sioners, sur-

of five dollars for each and every day they shall be necessarily em- veyors, &c.
ployed in performing the duties by this act required ; and the prin-
cipal surveyor, the sum of five dollars ; and each of his deputy
surveyors, the sum of four dollars ; each chain carrier and marker,
the sum of two dollars ; and each pack horseman, with his own
horse, the sum of two dollars and fifty cents, for each day they may
be actually employed in performing the duty by this act required,
each of them bearing their own expenses.

14. Jind be it further enacted, That the governor be, and he is Governor to
hereby authorized to draw on the treasurer for the sum of four advance money

. J . , ,, 1-Ti ■ • c to commission-

thousand dollars, to be paid to the commissioners ot survey, to en- ers.

able them to commence and carry on the said surveying, and by

them to be applied towards paying charges and expenses incident

to the performance of the duties enjoined by this act ; and the said

commissioners shall render the same in the final settlement of

their accounts.

15. Jlnd be it further enacted, That each and every purchaser Purchaser may
of any tract or tracts of said land, having obtained a certificate from in,stl.tute action

, J . . , (. / . ,° . . , . .... .of ejectment.

the commissioners as heretofore provided in this act, his heirs and
assigns shall have full power and authority to institute an action of
ejectment, in the name of the State of North Carolina, against any
person or persons who may be in possession of such tractor tracts
of land, and shall, on application, refuse to deliver up peaceable
and quiet possession thereof ; and the certificate of the commis-
sioners to such person shall be evidence of title and right to sus-
tain said action, unless it shall appear to the court before whom
such action is tried, that said purchaser has forfeited his right under
said purchase, as in this act provided. And further provided, that
the said purchaser shall give bond and security for the payment of
all costs accruing in said action, in case of his failure to recover.

16. And be it further enacted, That until the said section of Section subject
country is laid off into a separate and distinct county, it shall be 0f ^/acon U°n
and remain subject to the jurisdiction of the county of Macon, and

form a part thereof.

17. And be it further enacted, That no purchaser of lands un- No transfer al-
der this act, shall be at liberty to transfer their interest in said pur-
chase, only subject to the lien of the security or securities for such

part as they may be compelled to pay on their bonds as security ;

214 MANUFACTURES SILK AND SUGAR.

and said lien shall be good and valid in law as an indemnity to said
security as aforesaid.
Cutting timber ^' ^n^ ^e ^ further enacted, That any person or persons,
indictable. cutting or removing timber from, or cultivating any portion of the
four hundred acres of lands heretofore reserved by this act, for the
future disposition of the legislature, it shall be, and they are hereby
made indictable offences in the inferior and superior courts of said
county, and punishable by fine, at the discretion of the court be-
fore which the conviction takes place : Provided, nevertheless, that
all settlers on any other portion of public land and waiting for the
sale thereof, shall be entitled to such crop as they may have grow-
ing at the time of the sale provided for by this act.
Eight lots to 19. And be it further enacted, That the commissioners of sale
bes°ldbycom" heretofore appointed, shall expose to public sale, to the highest

missioners. . 1 r ' 1 . 1 ' . .o

bidder, eight lots heretolore provided to be laid out within the
four hundred acres, in the following order : two lots adjoining the
public square, and the other six lots in such order as that no two
lots so sold shall be adjoining to each other ; and the said sales shall
be under the same rules and regulations, and the said commission-
ers shall make return and account for them as heretofore provided.
Saieofreserva- 20. Beit further enacted, That it shall be the duty of the
' commissioners to be appointed by virtue of this act, to cause to be
surveyed and offered for sale, all the reservations remaining undis-
posed of in the county of Macon, under the same rules and regu-
lations that are provided for the surveying and selling the lands
lately acquired by treaty from the Cherokee Indians.
Sale of lands 21. And he it further enacted, That it shall be the duty of the
already sur- saj^ commissioners of sale, to expose again to sale all the lands
L> ' already surveyed, and now remaining unsold, in the county of

Macon aforesaid.
Name of coun- 22. Be it further enacted, That the county site hereby
tysite. directed to be laid out by the commissioners aforesaid, shall be

known by the name of Murphy.

ANUFACTUKE

SILK AWD SUGAR.

AN ACT TO ENCOURAGE THE CULTURE AND MANUFACTURE OF
SILK AND SUGAR IN THIS STATE.

(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That whenever any six or more citizens of any congressional dis-

MANUFACTURES SILK AND SUGAR. 215

trict in this State, shall associate themselves together, as a joint When and how
stock company, for the growth or manufacture of silk or sugar, or inay°b!f formed,
both, and shall subscribe for one hundred shares, of twenty dollars
each, of the capital stock of such company ; and organize them-
selves as such, by appointing their president, secretary, treasurer
and at least three directors ; and notify the governor thereof, such
subscribers and their subsequent associates, successors and assigns,
shall be, and they are hereby declared to be incorporated into a
joint stock company, by whatever name or style they may think
proper to assume ; which name they shall also make known to the
governor : and by such name may sue and be sued, plead and be
impleaded, before any court or justice of the peace : and shall
have succession, and continue their corporate existence for the
space of ninetynine years from and after the date of their organi-
zation, unless they voluntarily surrender their charter within that
period ; and shall be able and capable in law to have, purchase,
receive, enjoy, and retain to them, and their successors, lands,
rents, tenements, goods, chattels, and effects, of whatsoever nature, Corporate pnv-
kind or quality ; and the same to sell, grant, devise, alien, or dis- &
pose of ; and shall possess and exercise all the rights and privileges
of a corporation or body politic in law ; and may make and use
a common seal, and make all such bylaws, rules and regulations as
may be necessary for the well ordering and management of the
affairs of such company, not inconsistent with the constitution or
laws of the State : Provided, however, that the provisions of this
act shall be extended only to such companies as shall be formed
within twentyfive years from the ratification thereof : And provided
further, that no company formed under this act, shall employ their
capital in banking operations.

2. Be it further enacted, That the governor, on being notified Organization of
as aforesaid, of the organization of any such company, shall there- comPa,nies t0 be

, . . ° . l-i i f i i made known

upon issue his proclamation, making known the iact that such com- by proclama-
pany is duly incorporated under this act, together with the name tlon of the

i n r» 2"OY€TnOr"

or style of such company, and the names of the officers thereof,
a copy of which proclamation and of this act, under the great seal
of the State, shall be held and deemed conclusive evidence of the
corporate existence of such company, until the termination of
their charter.

3. Be it further enacted, That every such company may, from Limitation of
time to time, as they may deem expedient, enlarge their capital capi
stock, by additional subscriptions, in shares as aforesaid, until they
severally reach the sum of fifty thousand dollars ; but no one of

them shall extend their capital beyond that sum, without an express
permit to do so from the General Assembly. And the stock sub-
scribed in such companies shall be paid in the following manner,
that is to say : ten dollars upon each share shall be paid, in sums Payment of
of two dollars and fifty cents each, every three months from and &toc '
after the date of the organization of such companies ; and the bal-
ance in such sums and at such times as the president and directors
thereof may order and direct ; and in case of delinquency of
payments, the president and directors of such corporation may

216

MANUFACTURES SILK AND SUGAR.

General meet-
ings, and elec-
tion of officers

Companies
may make con
tracts, &c.

Corporations
to keep a rec-
ord of their
proceedings.

Secretary and
treasurer to
give bonds.

Officers maybe
removed.

enforce payment, by the sale of the stock of such delinquent, or
by recourse at law against such stockholder.

4. Be it further enacted, That there shall be a general meeting
of the stockholders of every such company, in person or by
proxy, annually ; and, a majority of the stock being represented,
shall then and there elect their president, secretary, treasurer, and
three, five or seven directors, for one year, or until their succes-
sors shall be chosen ; and may do all other acts and things author-
ized by this act ; and in such general meetings each stockholder
shall be entitled to give one vote for every share held by him, her
or them in such company, up to five ; and one vote for every
five shares after the first five ; and the shares of stock in every
such company shall be deemed personal property, and as such
shall pass into the hands of administrators or executors, and be
assets in their hands.

. 5. Be it further enacted, That every such corporation may make
contracts, or become bound by instruments, in writing, signed by
their president, and countersigned by their secretary ; but the legal
estate in the lands of such companies shall not be aliened, except
by deed under the corporate seal of such company. Legal pro-
cess against any such corporation may be served on the president
thereof ; or if he cannot be found by the officer, then on any
director. And all the corporate property of every such company,
of whatever kind or nature, shall be liable for the payment of the
debts of such corporation.

6. Be it further enacted, That it shall be the duty of every
such corporation to keep a full and fair record of all their pro-
ceedings, and of their accounts and transactions, in a well bound
book, and shall produce said records in any court, when required
so to do by such court, as evidence in any matter therein depend-
ing for trial. And the secretary of every such corporation, shall
enter into bond, with sufficient security, to be judged of by the
president and directors thereof, in the sum of one thousand dol-
lars, payable to the State of North Carolina, for the use of said
corporation, for faithfully recording all the proceedings, orders
and settlements of the president and directors, and for the faithful
preservation of such records, and the papers of such corporation.
And the treasurer of every such corporation, shall, in like manner,
before entering upon the duties of his office, enter into bond, with
security, to be approved of as aforesaid, in such sum as the pres-
ident and directors may judge requisite, for the safety of the funds
of such company committed to his care. And every officer ap-
pointed by the president and directors of any such corporation
may, by them, be removed at pleasure, and others appointed in
their stead.

DISMAL SWAMP CANAL,

NAVIGATION COMPANIES.

217

DISMAL SWAMP CAJVAL.

AN ACT FOR CUTTING A NAVIGABLE CANAL FROM THE WATERS
OF PASQUOTANK RIVER, IN THIS STATE, TO THE WATERS OF
ELIZABETH RIVER, IN THE STATE OF VIRGINIA.

(Passed at the session of 1790.)

Whereas the cutting of a navigable canal from the waters of
Pasquotank river in this State, to the waters of Elizabeth river in
the State of Virginia, will be of great public utility, and many
persons are willing to subscribe large sums of money to effect such
a beneficial work, and it is just and proper that they, their heirs
and assigns, should be empowered to receive reasonable tolls for-
ever, in satisfaction for the money advanced by them in carrying
the work into execution and the risk they run : Therefore,

1. Be it enacted, fyc, That it shall and may be lawful to open Books to be
books in the counties of Rockingham and Granville, and the towns opened for
of Halifax, Murfreesborough, Edenton, Windsor and Nixonton, scriptfons, ~&c.
under the management of James Callaway in Rockingham, Robert
Burton in Granville, Allen Jones in the town of Halifax, Hardy
Murfree in the town of Murfreesborough, John Hamilton in the
town of Edenton, Zedekiah Stone in the town of Windsor, and
Thomas Harvey in the town of Nixonton ; and under the manage-
ment of such persons and at such places in Virginia, as shall be
appointed by that state, for receiving and entering subscriptions to
the amount of eighty thousand dollars for the said undertaking,
which subscriptions shall be made personally or by power of
attorney, and shall be in Spanish milled dollars, but may be paid
in other silver or gold coin of the same value. That the said When and
books shall be opened for receiving subscriptions on the first day how long to be
of May next, and continue open until the first day of September opene '
next inclusive : and on the nineteenth day of the said month of
September, there shall be a general meeting of the subscribers at
Halifax, in the State of North Carolina, of which meeting notice
shall be given by the said managers, or any three of them, in the
gazettes of both the aforesaid states at least one month next before
the said meeting. And such meeting shall and may be continued
from day to day until the business is finished. And the acting Meeting of
managers shall, at the time and place aforesaid, lay before such of subscribers
the subscribers as shall meet, according to the said notice, the ings thereon,
books by them respectively kept, containing the state of the said
subscriptions, and if onehalf of the capital sum aforesaid should on
examination appear not to have been subscribed, then the said
managers are empowered to take and receive subscriptions to make
up the deficiency. And a just and true list of all the subscribers,

vol. ir. 28

218

DISMAL SWAMP CANAL.

with the sums subscribed by each, shall be made out and returned
by the said managers, or any four or more of them, under their
hands, into the superior court of the district of Edenton, and into
such court as the state of Virginia shall direct, to be there re-
corded. And in case more than eighty thousand dollars shall be
subscribed, then the same shall be reduced to that sum by the said
managers, or a majority of them, by beginning at and striking off
from the largest subscription or subscriptions, and continuing to
strike off a share from all subscriptions under the largest and above
one share, until the sum is reduced to the capital aforesaid of
eighty thousand dollars, or until a share is taken from all subscrip-
tions above one share, and lots shall be drawn between subscribers
of equal sums to determine the number in which said subscribers
shall stand on a list to be made for striking off as aforesaid, and if
the sum subscribed still exceeds the capital aforesaid, then they
shall strike off by the same rule until the sum subscribed is reduced
to the capital aforesaid, or all the subscribers are reduced to one
share, and if there still be an excess, then lots shall be drawn to
determine the subscribers who are to be excluded to reduce the
subscriptions to the capital aforesaid, which striking off shall be
certified in the list aforesaid. And the said capital sum shall be reck-
oned and divided into three hundred and twenty shares of two hun-
dred and fifty dollars each, of which every person subscribing may
take and subscribe for one or more whole shares, and not other-
wise. Provided, That unless onehalf of the said capital shall be
subscribed, all subscriptions made in consequence of this act shall
be void ; and in case onehalf and less than the whole of the said
capital shall be subscribed as aforesaid, then the president and
directors are hereby empowered and directed to take and receive
the subscriptions which shall be first offered, in whole shares as
aforesaid, until the deficiency shall be made up, a certificate of
which additional subscriptions shall be made under the hands of
the president and directors, or a majority of them, for the time
being, and returned to and recorded in the courts aforesaid.

2. And be it enacted, That in case onehalf of the said capital or
a greater sum shall be subscribed as aforesaid, the said subscribers
and their heirs and assigns, from the time of the said first meeting,
shall be and are hereby declared to be incorporated into a company

rTatedetoCcZ°s"eb}r the narae of the Dismal SwamP Canal Company, and may sue
a president, and be sued as such, and such of the said subscribers as shall be
&c- present at the said meeting, or a majority of them, are hereby em-

powered and required to elect a president and four directors for
conducting the said undertaking, and managing all the said com-
pany's business and concerns, for and during such time, not
exceeding three years, as the said subscribers, or a majority of
them shall think fit ; and in counting the votes of all general meet-
ings of the said company, each member shall be allowed one vote
for every share as far as ten shares, and one vote for every five
shares above ten, by him or her held at the time in the said com-
pany ; and any proprietor by writing, under his or her hand,
executed before two witnesses, may depute any other member or

DISMAL SWAMP CANAL.

219

proprietor to vote and act as proxy for him or her at any general
meeting.

3. And be it enacted. That the said president and directors so Powers granted
elected, and their successors, or a majority of them assembled, &c^resi en '
shall have power and authority to agree with any person or per-
sons, on behalf of the said company, to cut the said canal, and to

erect such locks and perform such other works as they shall judge
necessary, for the navigation of the said canal, and carrying on the
same, from place to place, and from time to time, and upon such
terms and in such manner as they shall think fit ; and out of the
money arising from the subscriptions and tolls, and other aids
hereafter in this act given, to pay for the same, and to repair and
keep in order the said canals, locks and other works necessary
thereto, and to defray all incidental charges ; and also to appoint
a treasurer, clerk, and such other officers, toll gatherers, managers
and servants as they shall judge requisite, and to agree for and
settle their respective wages or allowances, and settle, pass and
sign their accounts ; and also to make and establish rules of pro-
ceeding, and transact all the other business and concerns of the
said company in and during the intervals between the general meet-
ings of the same ; and they shall be allowed as a satisfaction for
their trouble therein, such sum of money as shall by a general meet-
ing of the subscribers be determined. Provided always, that the
treasurer shall give bond in such penalty and with such security as
the said president and directors, or a majority of them, shall direct,
for the true and faithful discharge of the trust reposed in him ;
and that the allowance to be made to him for his services shall
not exceed three pounds in the hundred for the disbursements by
him made ; and that no officer in the said company shall have a
vote in the settlement or passing his own account.

4. And be it enacted, That the said president and directors, Subscription
and their successors, or a majority of them, shall have full power be paid, &c. °
and authority, from time to time, as money shall be wanting, to

make and sign orders for that purpose, and direct at what time and
in what proportion the proprietors shall advance and pay off the
sums subscribed, which orders shall be advertised at least one
month in the Virginia and North Carolina gazettes ; and they are
hereby authorized and empowered to demand and receive of the
several proprietors, from time to time, the sums of money so
ordered to be advanced for the carrying on and executing, or
repairing and keeping in order the said works, until the sums sub-
scribed shall be fully paid, and to order the said sums to be de-
posited in the hands of the treasurer, to be by him disbursed and
laid out as the said president and directors, or a majority of them,
shall order and direct ; and if any of the said proprietors shall
refuse or neglect to pay their said proportions within one month
after the same is so ordered and advertised as aforesaid, the said
president and directors, or a majority of them, may sell at auction,
and convey to the purchaser the share or shares of such proprietor
so refusing or neglecting payment, giving at least one month's
notice of the sale in the Virginia and North Carolina gazettes, and

220

DISMAL SWAMP CANAL.

Succession of
president, &c.
how kept up.

President, &c.
to take an oath

Shares neces-
sary to consti-
tute a general
meeting, and
proceedings
thereon.

after retaining the sum due and charges of sale out of the money
produced thereby, they shall refund and pay the overplus, if any,
to the former owners ; and if such sale shall not produce the full
sum ordered and directed to be advanced as aforesaid, with the
incidental charges, the said president and directors, or a majority
of them, may in the name of the company, sue and recover the
balance by motion on ten days previous notice ; and the said pur-
chaser or purchasers shall be subject to the same rules and regu-
lations as if the said sale and conveyance had been made by the
original proprietor.

5. And to continue the succession of the said president and
directors, and to keep up the same number : Be it enacted, That
from time to time, on the expiration of the term for which the
said president and directors were appointed, the proprietors
of the said company at the next general meeting, shall either
continue the said president and directors, or any of them, or shall
choose others in their stead ; and in case of the death, removal,
resignation or incapacity of the president or any of the directors,
may and shall, in manner aforesaid, elect any other person or per-
sons to be president and directors in the room of him or them so
dying, removing, resigning or becoming incapable of acting, and
may at any of their general meetings remove the president or any
of the directors, and appoint others for and during the remainder
of the term for which such person or persons were at first to have
acted.

6. Jlnd be it enacted, That every president and director, before
he acts as such, shall take an oath or affirmation for the due execu-
tion of his office.

7. And be it enacted, That the presence of proprietors having
one hundred and eighty shares at least, shall be necessary to con-
stitute a general meeting ; and that there be a general meeting of
proprietors on the first Monday in September in every year, at
such convenient town as shall from time to time be appointed by
the said general meeting, but if a sufficient number should not
attend on that day, the proprietors who do attend may adjourn
such meeting, from day to day, till a general meeting of proprie-
tors shall be had, which may be continued from day to day until
the business of the company is finished ; to which meeting the
president and directors shall make report, and render distinct and
just accounts of all their proceedings ; and on finding them fairly
and justly stated, the proprietors then present, or a majority of
them shall give a certificate thereof, a duplicate of which shall be
entered on the said company's books ; and at such yearly general
meetings, after leaving in the hands of the treasurer such sum as
the proprietors, or a majority of them, shall judge necessary for
repairs and contingent charges, an equal dividend, of all the net
profits arising from the tolls hereby granted, shall be ordered and
made to the proprietors of the said company in proportion to their
several shares ; and on any emergency in the interval between the
said yearly meetings, the president, or a majority of the directors,
may appoint a general meeting of the proprietors of the company,
at any convenient town, giving at least one month's previous notice

DISMAL SWAMP CANAL.

221

in the Virginia and North Carolina gazettes, which meeting may be
adjourned and continued as aforesaid.

8. And be it further enacted, That for and in consideration of Canals, &c
the expenses the said proprietors will be at, not only in cutting the prietorsfand to
said canal, erecting locks, making causeways, and performing other be exempt from
works necessary for this navigation, but in maintaining and keeping taxes'

the same in repair, the said canals, locks, causeways, and other
works, with all their profits, shall be and the same are hereby vested
in the said proprietors, their heirs and assigns forever, as tenants
in common, in proportion to their respective shares ; and the same
shall be deemed real estate and be forever exempt from the pay-
ment of any tax, imposition or assessment whatsoever ; and it Rates of to11-
shall and may be lawful for the said president and directors at all
times forever hereafter, to demand and receive at some convenient
place near one of the extremities of the canal, for all commodities
transported through it, or over the causeways, tolls according to
the following table and rates, which shall be in Spanish milled dol- ("■) j pee ***! °f

. O . ' -1 1792 and 1799.

Jars, to wit : (a)

All produce, goods, wares or merchandise passing the cause- Manner of ob-
ways, shall be subject to the same toll as goods passing through the ^""tn§ pay"
canal : but which tolls, though chargeable in Spanish milled dol-
lars, may be paid in other silver, or in gold coin of the same value.
And in case of refusal to pay the tolls at the time of offering to
pass the place aforesaid, and previous to passing the same, the col-
lector of the said tolls may lawfully refuse passage to whatever
refuses payment, and if any vessel, wagon or cart shall pass with-
out paying the toll, then the said collector may seize such vessel,
wagon or cart wherever found, and sell the same at auction for
ready money ; which so far as is necessary shall be applied towards
paying the said toll, and all expenses of seizure and sale, and the
balance, if any, shall be paid to the owner ; and the person having
the direction of such vessel, wagon or cart, shall be liable for such
toll, if the same is not paid by the sale aforesaid. Provided, That Toll may be
the said proprietors, or a majority of them, holding at least one lesseued' &c-
hundred and eighty shares, shall have full power and authority, at
any general meeting, to lessen the said tolls or any of them, or to
determine that any article may pass free of toll.

9. And be it enacted, That the said canal and works to be erected Canal, &c. to
thereon in virtue of this act, and the causeways, when completed, £ whvay^
shall forever thereafter be esteemed and taken as public highways, &c-

free for the transportation of all goods, wares, commodities or pro-
duce whatsoever, and for travelling, on payment of the tolls, imposed
by this act ; and no other toll or tax whatever, for the use of the
waters of the said canal and the works thereon erected, or the cause-
ways, shall at any time hereafter be imposed by both or either of the
said states, subject, nevertheless, to such regulations as the legisla-
tures of the said states may concur in to prevent the importation of
prohibited goods, or to prevent fraud in evading the payment of
duties imposed in both or either of the said states on goods imported
into either of them.

10. And whereas it is necessary for the making of the said Manner of ob-

J ° taininp; lands

222 DISMAL SWAMP CANAL.

necessary for canal, locks and causeways, and other works, that a provision
t e canal, &c sjlouj^ jje mac|e for condemning a quantity of land for the purpose :
Be it enacted, That it shall and may be lawful for the said presi-
dent and directors, or a majority of them, to agree with the own-
ers of any land through which the said canal is intended to pass,
for the purchase thereof ; and in case of disagreement, or in case
the owner thereof shall be a feme covert, under age, non compos,
or out of the State, on application to any two justices of the
county in which such land shall lie, the said justices shall issue
their warrant, under their hands, to the sheriff of their county, to
summon a jury of eighteen inhabitants of his county, of property
and reputation, not related to the parties nor in any manner inter-
ested, to meet on the land to be valued, at a day to be expressed
in the warrant, not less than ten nor more than twenty days there-
after ; and the sheriff on receiving the said warrant, shall forthwith
summon the said jury, and when met, provided that not less than
twelve do appear, shall administer an oath or affirmation to every
juryman that shall appear, that he will fairly, justly and impartially
value the land (not exceeding the width of three hundred feet) and
all damages the owners thereof shall sustain by cutting the said
canal through such land, according to the best of his skill and
judgment, and that in such valuation he will not spare any person
through favor or affection, nor any person grieve through malice,
hatred or ill-will : And the inquisition thereon taken shall be
signed by the sheriff and some twelve or more of the jury, and
returned by the sheriff to the clerk of his county, to be by him
recorded ; and on every such valuation the jury is hereby directed
to describe and ascertain the bounds of the land by them valued,
and their valuation shall be conclusive on all persons, and shall be
paid by the said president and directors to the owners of the land, or
their legal representatives ; and on payment thereof the said com-
pany shall be seized in fee of such lands, as if conveyed by the
owner to them and their successors by legal conveyance. Pro-
vided nevertheless, that if any farther damage shall arise to any
proprietor of land in consequence of opening such canal, or in
erecting such works, than had been before considered and valued,
it shall and may be lawful for such proprietor, as often as any such
new damage shall happen, by application to and a warrant from any
two justices of the county where the land lies, to have farther
damages valued by a jury in like manner, and to receive and recover
the same of the said president and directors : but nothing herein
shall be taken or construed to entitle the proprietor of any such
land to recover compensation for any damages which may happen
to any mills, or other works or improvements, which shall be begun
or erected by such proprietor after such first valuation, unless the
said damage is wilfully or maliciously done by the said president
and directors, or some person by their authority.
Land for build- 11. Jlnd be it enacted, That the president and directors, or a
ings howtobe majority of them, are hereby authorized to agree with the proprie-
tor or proprietors, for the purchase of a quantity of land, not ex-
ceeding one acre, at or near the receipt of the tolls aforesaid, for

DISMAL SWAMP CANAL. 223

the purpose of erecting necessary buildings ; and in case of dis-
agreement, or any of the disabilities aforesaid, or the proprietor
being out of the State, then such land may be valued, condemned
and paid for as aforesaid ; and the said company shall, on payment
of the valuation of the said land, be seized thereof in fee simple as
aforesaid.

12. And whereas it is represented that the waters of the lake, Waters of the
in the Dismal swamp, commonly called Drummond's pond, may ^amp , ^ted.1
be useful for a supply of water to the said canal : Be it enacted, in the propri-
That the said lake, so far as the water thereof shall be necessary etors' &c-

for the purpose aforesaid, shall be and is hereby vested in the pro-
prietors of said canal ; and it shall and may be lawful for the said
president and directors, or a majority of them, to open, if they
shall find it expedient, a cross canal from the lake to the principal
canal, for the purpose of drawing from thence a supply of water ;
and for executing this work they shall have the same powers which
they are authorized to exercise in opening the principal canal.
And it shall not be lawful for any person whatsoever, so to cut off or
divert the courses of those waters which now flow from the west-
ward into the said lake, as to prevent their continuing to fall into it.

13. And whereas some of the places through which it may be116^111^1011
necessary to conduct the said canals, may be convenient for erect- water works,
ing mills and other water works, and the persons, possessors of &c-

such situations may design to improve the same, and it is not the
intention of this act to interfere with private property, but for the
purpose of improving and perfecting the said navigation : Be it
enacted, That the water, or any part thereof, conveyed through
the said canals, shall not be used for any purpose but navigation,
unless there shall be sufficient to answer both the purposes of navi-
gation and water works aforesaid ; in which case the said president
and directors, or a majority of them, are hereby empowered and
directed to enter into reasonable agreements with the proprietors
of such situations, concerning the just proportion of the expenses
of making the canals capable of carrying such quantities of water
as may be sufficient for the purposes of navigation, and also for any
such water works aforesaid.

14. And whereas the said canals may be of great utility in Cross ditches,
affording the means of draining the sunken lands through which they sucnk°n \l^s
pass : Be it enacted, That it shall and may be lawful for the pro- how to be
prietors of the said adjacent sunken lands to open cross ditches opene ' c'
into the said canals : Provided, that these cross ditches shall not

be within less than one mile of one another on the same side of
the canals, and be covered where they pass through the causeways
with good bridges of the breadth of the causeways, at the expense
of the person cutting them, and also be constructed so as that the
water may be entirely prevented passing through them into the
canals, at any time when this shall be necessary ; and the works
occasioned by these cross ditches, except the bridges, shall be
kept in repair at the expense of their proprietors. , .

15. And be it enacted, That it shall and may be lawful for every shares how to
of the said proprietors to transfer his share or shares by deed, ex- be made-

2*24 DISMAL SWAMP CANAL.

ecuted before two witnesses, and registered after proof of the
execution thereof in the said company's books, and not otherwise,
except by devise ; which devise shall also be exhibited to the pres-
ident and directors, and registered in the company's books, before
the devisee or devisees shall be entitled to draw any part of the
profits from the said tolls : Provided, that no transfer whatsoever
shall be made except for one or more whole share or shares, and
not for part of such shares, and that no share shall at any time be
sold, conveyed, transferred or held in trust for the use and benefit,
or in the name of another, whereby the said president and directors
or proprietors of the said company, or any of them, shall or may
be challenged or made to answer any such trust, but that every
such person appearing as aforesaid to be a proprietor, shall as to the
others of the said company, be to every intent taken absolutely as
such ; but between any trustee and the person for whose benefit
any trust shall be created, the common remedy may be pursued.
Contributions 16. And whereas it hath been represented that sundry persons
ered £,c.eC°V~ are willing and desirous, on account of the public advantage, and
also the improvement their estates may receive thereby, to promote
and contribute towards so useful an undertaking, and to subscribe
sums of money to be paid on condition the said works are com-
pleted and carried into execution, but do not care to run any risk,
or desire to have any property therein : Be it therefore enacted,
That the said president and directors shall be and are hereby em-
powered to receive and take in subscriptions on the said conditions,
and on the said works being completed and carried into execution,
according to the true intent and meaning of this act, that it shall
and may be lawful for the said president and directors, or a
majority of them, in case of refusal or neglect of payment, in the
name of the company as aforesaid, to sue for and recover of the
said subscribers, their heirs, executors or administrators, the sums
by them respectively subscribed, by action of debt or on the case,
in any court of record within this State.
Capital may be 17. And be it enacted, That if the said capital and the other
increased, &c. aj(js a]rea(jy granted by this act shall prove insufficient, it shall and
may be lawful for the said company, from time to time, to increase
the said capital by the addition of so many more whole shares as
shall be judged necessary by the said proprietors, or a majority of
them, holding at least one hundred and eighty shares, present at
any general meeting of the said company. And the said president,
and directors, or a majority of them, are hereby empowered and
required, after giving at least one month's notice thereof in the
Virginia and North Carolina gazettes, to open books at the before
mentioned places for receiving and entering such additional sub-
scriptions, in which the proprietors of the said company for the
time being, shall and are hereby declared to have the preference of
all others for the first thirty days after the said books shall be open-
ed as aforesaid, of taking and subscribing for so many whole shares
as any of them shall choose. And the said president and directors
are hereby required to observe in all other respects the same rules
therein, as are by this act prescribed for receiving and adjusting

DISMAL SWAMP CANAL,

225

the first subscriptions, and in like manner to return under the hands
of any three or more of them, an exact list of such additional sub-
scribers, with the sums by them respectively subscribed, into the
courts as aforesaid, to be there recorded : And all proprietors of
such additional sums, shall and are hereby declared to be from
thenceforward incorporated into the said company.

18. And be it hereby declared and enacted, That the tolls here- Conditions on
in before allowed to be demanded and received are granted and ^granted.0 S
shall be paid on condition only, that the said Dismal Swamp Ca-
nal Company shall make the canal thirtytwo feet wide, and eight

feet in depth below the surface of the earth, and capable of being
navigated in dry seasons by vessels drawing three feet water from
Deep creek, near Tucker's mill, in Virginia, to the highest good
navigation for vessels of the aforesaid draft in Pasquotank river, in
North Carolina, with sufficient locks, each of ninety feet in length,
and thirtytwo feet in breadth, and capable of conveying vessels
drawing four feet water at the least, and that each of the cause-
ways shall be twenty feet in breadth.

19. And it is hereby enacted and provided, That in case the JJb^Hjg
said company shall not begin the said work within one year after and completing
the company shall be formed, or if the said company shall not pSSaJfflSrf
complete the navigation and works as aforesaid, within ten years by 1799,0,534.]
after the said company shall be formed, then shall all interest of

the said company, and all preference in their favor as to the navi-
gation and tolls of the said canals and causeways, be forfeited and
cease.

And whereas at a meeting of commissioners appointed by the Compact he-

~ „ _T. . . , _T ,° ~ ,. , p r tween the corn-

States of Virginia and North Carolina, to agree on the lorm oi an missioned of

act for cutting the said canal, and for regulating the commerce Jj^ Carolina

which may be carried on through it between the citizens of the

two States, to wit : Robert Andrews and John Cooper, Esquires,

on the part of Virginia, and William M'Kenzie, James Gallaway,

and John Stokes, Esquires, on the part of North Carolina, at Fay-

etteville, in the State of North Carolina, on the twelfth day of

December, in the year of our Lord one thousand seven hundred

and eightysix, the following compact was mutually agreed to by

the said commissioners :

First. The State of Virginia agrees that the waters of Elizabeth f^^f 3 Ssee
river, from the said canal to the mouth thereof, the waters of 2.
Hampton road and of Chesapeake bay to the capes, and also Ro-
anoake river, wherever it is in Virginia, shall be forever consider-
ed as a common highway, free for the use and navigation of ves-
sels belonging to the State of North Carolina, or any of its citizens ;
and that they shall not be therein subject to the payment of any
toll or charge whatever, imposed for the purpose of raising rev-
enue.

Secondly. The State of Virginia agrees that no restriction, duty ^eppte^etd0 ,eex "in.
or impost, shall be laid on any commodity which is the growth, section. See
produce or manufacture of the State of North Carolina, brought lblJ-
through the said canal, or over the said causeways, for sale or ex-

vol. 11. 29

226

DISMAL SWAMP CANAL.

Repealed,
ibid.

See

Repealed,
ibid.

See

Repealed, ex-
cept as to re-
inspection.
See ibid.

Repealed. See
ibid.

Repealed. See
ibid.

Compact rat-
ified, &c.

portation, and that the same may be exported without re-inspec-
tion.

Thirdly. The State of Virginia agrees, that when any imported
goods shall within five months after entry be exported through the
said canal, or over the said causeways, into the State of North
Carolina, in packages, bales or casks, as imported, the duties
thereof shall be remitted or repaid, as the case may be, to the ex-
porter, on his producing, within six months after the aforesaid
entry, the certificate of the naval officer of the district of North
Carolina into which the said canal enters, that the said goods have
been entered there.

Fourthly. The State of North Carolina agrees that the waters
of Roanoke river, Meherrin, Nottaway, Chowan, Albemarle
sound as low as the mouth of Pasquotank river, and of Pasquo-
tank from the mouth thereof to the said canal, shall be forever
considered as a common highway, free for the use and navigation
of all vessels belonging to the State of Virginia, or any of its citi-
zens ; and that they shall not be subject therein to the payment of
any toll or charge whatever, imposed for the purpose of raising
revenue.

Fifthly. The State of North Carolina agrees, that no restric-
tion, duty or impost shall be laid on any commodity which is the
growth, produce or manufacture of the State of Virginia, passing
through the aforesaid water, to the said canal, or brought through
the said canal or over the said causeways, for sale or exportation ;
and that the same may be sold or exported without re-inspection.

In those articles where it is expressed that no duty or impost is
to be laid for the purpose of raising revenue, it is not to be under-
stood that the imposition of tolls for the purpose of improving the
navigation of the said waters is prevented.

Sixthly. The State of North Carolina agrees, that when any
imported goods shall, within five months after entry, be exported
through the said canal, or over the said causeways, into the State
of Virginia, in packages, bales or casks, as imported, the duties
thereof shall be remitted or repaid, as the case may be, to the ex-
porter, on his producing, within six months after the aforesaid
entry, the certificate of the naval officer of Norfolk, that the said
goods have been entered there.

Seventhly. Imported goods, passing from one part of either of
the said two States to another part of the same, through any of the
waters of the other State, shall not be subject to any duty imposed
for the purpose of raising revenue.

Lastly. The citizens of each of the said two States may have
the use of the inspections of the other for the purpose of re-in-
specting any damaged commodities which have passed through the
said canals, on paying the price of the labor of re-inspection, and
no more.

And whereas this General Assembly are of opinion that the said
compact is made on just and mutual principles, for the true interest
of both governments :

20. Be it therefore enacted, That the said compact is hereby

DISMAL SWAMP CANAL.

approved, confirmed and ratified by the General Assembly of the
State of North Carolina, and that every article, clause, matter and
thing therein contained shall be obligatory on this State and the
citizens thereof, and shall be forever faithfully and inviolably ob-
served and kept by this government, and all its citizens, according
to the true intent and meaning of the said compact ; and the faith
and honor of this State are hereby solemnly pledged and engaged
to the General Assembly of the State of Virginia, and the govern-
ment and citizens thereof, that this law shall never be repealed or
altered by the legislature of this State, without the consent of the
State of Virginia.

Every act, or part of an act, of the General Assembly which
comes within the purview and meaning of this act, shall be and the
same is hereby repealed. This act [shall commence and be in
force from and after the passing of a like act by the General As-
sembly of Virginia.

227

AN ACT TO AMEND AN ACT, ENTITLED, " AN ACT TO CUT A NAVIGA-
BLE CANAL FROM THE WATERS OF PASQ.UOTANK RIVER IN THIS.
STATE, TO THE WATERS OF ELIZABETH RIVER IN THE STATE
OF VIRGINIA."

(Passed at the session of 1792.)

Whereas the legislature of the State of Virginia did, on the
twentyfifth day of November, one thousand seven hundred and
ninety, pass an act amending the aforesaid law, mutually entered
into by compact between the two States :

1. Be it enacted, #c, That the tolls allowed to be demanded width' &c- of
and received by the before recited act, are granted and shall be the locks' &c'
paid, on condition only, that the said Dismal Swamp Canal Com-
pany shall make the canal and locks of sufficient width for vessels

that are fifteen feet broad, and of sufficient depth to be navigated
in dry seasons by vessels drawing three feet water, from Deep
creek, near Tucker's mill, in Virginia, to the highest good navi-
gation for vessels of the aforesaid draft in Pasquotank river in this
State ; and that each of the said locks shall be ninety feet in length,
and the causeways fifteen feet in breadth.

2. And be it further enacted, That every part of the before re- Repealing
cited act which comes within the meaning and purview of this act, climse-
and every part thereof concerning the regulation of commerce, so

far as the same is now vested in the government of the United
States, shall be, and the same are hereby repealed.

3. And be it further enacted, That the said act passed by the Act of Virgi-
legislature of the State of Virginia, on the twentyfifth day of No- fl confirmed'
vember, one thousand seven hundred and ninety, is hereby con-
firmed, and declared to be firm and valid, agreeable to the compact

entered into between the two States, and shall in no respect be
altered or amended by this State without the consent of the State
of Virginia.

228 DISMAL SWAMP CANAL.

4. And be it further enacted, That the said act as passed by the
State of Virginia, be printed by the public printer of this State,
and incorporated with the laws of this session as a part thereof.

AN ACT TO AMEND AN ACT, ENTITLED AN " ACT FOR CUTTING A
NAVIGABLE CANAL FROM THE WATERS OF ELIZABETH RIVER IN
THIS STATE, TO THE WATERS OF PASQUOTANK RIVER IN THE
STATE OF NORTH CAROLINA-

(Act of the Virginia legislature, passed the 25th November, 1790.)

, I. Be it enacted, fyc, That the books directed to be opened

opened for sub- for receiving and entering subscriptions in the towns of Norfolk,
scriptions. Portsmouth, Suffolk, Petersburg, Richmond, Fredericksburg and
Alexandria, by the act, entitled, "An act for cutting a navigable
canal from the waters of Elizabeth river in this State, to the waters
of Pasquotank river in the State of North Carolina," shall be
opened for receiving subscriptions at the said places, and under
the management of the persons mentioned in the said recited act ;
and in the city of Williamsburg, under the management of Robert
Andrews, in the month of May next after the time when this act
shall be in force, and continue open until the first day of Septem-
ber following ; and on the third Thursday of the said month of
September, there shall be a general meeting of the subscribers at
the town of Halifax, in the State of North Carolina ; of which
meeting notice shall be given by the said managers, or any three
of them, in the gazettes of both the aforesaid States, at least one
month next before the said meeting ; and such meeting shall and
may be continued, and the business of it conducted in the manner
prescribed for the meeting appointed by the said recited act.
Dimensions of 2. And it is hereby declared and enacted, That the tolls
locks and allowed to be demanded and received by the before recited act,
are granted and shall be paid on condition only that the said Dis-
mal Swamp Company shall make the canal and locks of sufficient
width for vessels that are fifteen feet broad, and of sufficient depth
to be navigated in any seasons, by vessels drawing three feet
water, from Deep creek near Tucker's mill in Virginia, to the
highest good navigation for vessels of the aforesaid draft in Pas-
quotank river in North Carolina ; and that each of the locks shall
be ninety feet in length, and the causeways fifteen feet in breadth.
Repealing 3. And be it further enacted, That every act or part of an act of

clause. assembly which comes within the purview and meaning of this

act, and every part of the before recited act concerning the regu-
lation of commerce, so far as the same is now vested in the gov-
ernment of the United States, shall be and the same are hereby
repealed.
Condition that 4. And so soon as any act similar to the before recited act as
North Carolina amended by this act, shall have been passed by the State of
act. North Carolina, the before recited act as amended by this act shall

be in force, and shall never be repealed or altered by the legisla-

DISMAL SWAMP CANAL.

ture of this State, without the consent of the State of North Car-
olina.

229

AN ACT ALTERING THE TIME OF THE ANNUAL GENERAL MEETING
OF THE DISMAL SWAMP CANAL COMPANY.

(Passed at the session of 1797.)

1. Beit enacted, fyc, That hereafter the annual general meeting A™ual meet-
of the Dismal Swamp Canal Company, shall be held on the fourth
Monday in October in every year, instead of the first Monday in
September.

2. Be it further enacted, That this act shall continue to be in Duration of
force so long as a similar act of the Commonwealth of Virginia shall

be in force.

AN ACT CONCERNING THE DISMAL SWAMP CANAL COMPANY.
(Passed at the session of 1799 )

Whereas it is represented to this General Assembly by the
Dismal Swamp Canal Company, that the said company, notwith-
standing the greatest exertions, may not be able to complete the
canal and other works undertaken by them within the time to
which they are limited by law ; and also that some alterations may
be made in the said works, which will be beneficial to the said
company and not detrimental to the public ; and whereas it con-
sisted! with the true policy and dignity of states to encourage
works of public utility, and to favor those engaged in the execu-
tion of them so far as it may comport with the general good :

1. Be it enacted, fyc, That the farther time of five years be Five years
allowed to the Dismal Swamp Canal Company, to be computed complete their
from the nineteenth day of September, in the year one thousand wor^'s-
eight hundred and one, to complete their canal and other works in

such a manner as to entitle them to receive the tolls granted by
law.

2. And be it further enacted, That a causeway or road of the One road on
dimensions prescribed by law, on one bank of the said canal shall c|^ai sufficient,
be sufficient, until the legislatures of the States of North Carolina

and Virginia shall see proper to direct a like road or causeway to
be made on the other bank ; any act, or part of an act, to the con-
trary notwithstanding.

3. And whereas it is represented that parts of the said canal and Tolls may be
works may be now used by travellers and others with advantage, demanded-
and it is just that they who receive a benefit therefrom should

make some return for the same : Be it enacted, That the said
company shall have a right to demand and receive from those who
may choose to use their causeways or water, before the navigation
and works shall be completed, a reasonable compensation for the
use thereof. This act shall commence and be in force from and

230

DISMAL SWAMP CANAL.

after the passing of a like act by the General Assembly of Vir-
ginia.

AN ACT TO AUTHORIZE THE STOCKHOLDERS OF THE DISMAL
SWAMP CANAL COMPANY TO INCREASE THEIR CAPITAL STOCK.

(Passed at the session of 1825.)

Preamble. Whereas it is represented to this General Assembly that the

funds provided to complete the Dismal Swamp canal are inade-
quate to the object ; therefore, for the purpose of obtaining the
means necessary to perfect this important improvement :

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
Company au- That it shall be lawful for the president and directors of the Dis-
openkioks for mal Swamp Canal Company to open books for subscription of as
additional sub- many additional shares as will increase the capital of said company
scrip ion. tQ an amount ^ich mav De sufficient to complete the canal.

Stockholders of 2. Be it further enacted, That the stockholders of the said com-
the company to pany for the time being shall have a preference in the subscription
ence in the sub- of the new stock by this act authorized to be created, for the first
scnption of the thirty days after the books are opened, but no longer ; and all

new slock. j. ~ j i * o *

proprietors of such additional shares, shall, and are hereby de-
clared to be from henceforth incorporated into the said company,
upon the same conditions, and with the like privileges of the
original stockholders.

3. Be it further enacted, That this act shall have no force or
effect, until it shall have been sanctioned and approved by the

the stockhold- stockholders in a general meeting, convened agreeably to the pro-
visions of the charter of said company, and they shall have decided
upon the increase of capital necessary to carry the object of this
act into effect.

4. Be it further enacted, That this act shall be in force from and
after the ratification thereof.

This act to be
in force when
sanctioned by

Preamble.

AN ACT GIVING THE ASSENT OF THE GENERAL ASSEMBLY OF THE
STVTE OF NORTH CAROLINA TO AN ACT OF THE GENERAL AS-
SEMBLY OF THE COMMONWEALTH OF VIRGINIA, PASSED ON THE
TWENTYNINTH DAY OF JANUARY, A. D ONE THOUSAND EIGHT
HUNDRED AND EIGHTEEN, ENTITLED " AN ACT TO AUTHORIZE
THE DISMAL SWAMP CANAL COMPANY TO OPEN A NAVIGABLE
COMMUNICATION BETWEEN THE CANAL AND THE NEAREST NAV-
IGABLE PART OF THE NORTHWEST RIVER, AND FOR OTHER PUR-
POSES."

(Passed at the session of 1825.)

1. Whereas, at a General Assembly of the Commonwealth of
Virginia, held in the year of our Lord one thousand eight hundred
and eighteen, an act was passed by the said General Assembly, with
the title and in the words following, to wit : " An act to authorize

DISMAL SWAMP CANAL. 231

the Dismal Swamp Canal Company to open a navigable commu-
nication between the canal and the nearest navigable part of the
Northwest river, and for other purposes," passed the twentyninth
of January, one thousand eight hundred and eighteen.

2. Whereas, it is represented to the General Assembly that the
interest of a large portion of the citizens of this Commonwealth
and of the State of North Carolina would be greatly promoted by
cutting a canal to connect Northwest river with the Dismal Swamp
canal, or by clearing out the said river from its junction with the
canal to the highest navigable point ; and, moreover, that the com-
merce of the Dismal Swamp canal arising from its present sources,
together with the probable increase of trade from the improvements
contemplated, make it necessary that the president and directors
of the said company should have the privilege of constructing other
outlets and forming basins and reservoirs to contain water for the
supply of locks and accommodation of boats ;

3. Be it therefore enacted, That it shall and may be lawful for the Company au-
president, directors and company of the Dismal Swamp canal to thorized to
clear out and render navigable the Northwest river from its June- n. w! River
tion with their canal to any navigable point of said river, which or *° connect
may by them be deemed expedient and best calculated to confer wftlftta^Dis-
the benefits of good navigation or to cut a canal connecting; the mal Swamp

■ - ■ canal

Dismal Swamp canal with the Northwest river, at any point which
may be selected by them ; and, for these purposes, full power and
authority is hereby granted to acquire and possess, by grant, pur-
chase or condemnation, under a writ of ad quod damnum, the
land through which the said canal is intended to pass ; and that,
on application to any two justices of the peace of the county in
which such land shall lie, the said justices shall issue their warrant,
under their hands and seals, to the sheriff of the county, to sum-
mon a jury of eighteen inhabitants of his county, of property and
reputation, not related to the parties, nor in any manner interested,
to meet on the lands to be valued, on a day to be expressed in the
warrant, not less than ten, nor more than twenty days thereafter ;
and the sheriff on receiving the said warrant, shall forthwith sum-
mon the said jury, and when met, provided that not less than
twelve appear, shall administer an oath or affirmation to every jury-
man present, that he will, fairly, justly and impartially value the
lands required to be condemned, and all damages the owner thereof
may sustain by cutting the canal through such land, according to
the best of his skill and judgment, and that in such valuation, he
will not spare any person through favor or affection, nor any per-
son grieve through malice, hatred or ill will ; and the inquisition
taken thereon, shall be signed by the sheriff and some twelve or
more of the jury, and returned by the sheriff to the clerk of his
county, to be by him recorded ; and on every such valuation, the
jury is hereby directed to describe and ascertain the bounds of
the land by them valued, and their valuation shall be conclusive
on all persons, and shall be paid by the said president and direc-
tors and company to the owner of the land, or his legal represen-
tative or representatives ; and on payment thereof, the said company

232

DISMAL SWAMP CANAL.

ditions on
which they
hold the Dis-
mal Swamp
canal.

The company
authorized to
construct ad

shall be seized in fee of such land, as if conveyed by the owner to
them and their successors by legal conveyance.
The contem- 4. Be it enacted, That for and in consideration of the expenses
plated canal, the said Dismal Swamp Canal Company may incur, not only in cut-
the' company on tmg the said canal or clearing out the said river, erecting locks and
the same con- performing other works necessary for this navigation, but in main-
taining and keeping the same in repair, the said canal, locks, cause-
ways and other works, with all their profits, shall be, and the same
are hereby vested in the said company, on the same terms and con-
ditions on which they hold the Dismal Swamp canal and its works ;
The company and it shall and may be lawful for the president, directors and com-
receiveToVon Pany °^ t^e Dismal Swamp canal, to demand and receive on some
said canal place on the canal hereby authorized to be cut, or on the Dismal
Swamp canal, (of which this work is intended to form a part,) for
all commodities transported through this new canal, or over cause-
ways thereof, tolls after the rate of onethird of the amount paid
upon the transportation of the like commodities through the main
or Dismal Swamp canal.

5. Be it enacted, That for the purpose of improving the navi-
gation of the canal, and rendering it of the greater public utility,
didonal outlets, it shall be lawful for the president and directors of the Dismal
ervcSrs reS~ Swamp canal, and they are hereby authorized to construct addi-
tional outlets, and to form basins and reservoirs for the supply of
the locks, and accommodation of boats, navigating the canal, at
any point or place thereof, which may be selected for that pur-
pose ; and that they have power to acquire and hold for the use
of the company, such quantity of land as may be found to be ne-
cessary for these objects, under the same terms and conditions as
are enacted for the acquisition of land in the first section of this
act.
The company 6. Be it further enacted, That the Dismal Swamp Canal Corn-
empowered to pany, in their corporate capacity, shall be, and are hereby empow-
numherjoca- ered to prescribe the number, the places and manner of construct-
ion, &c. of ing bridges that are to cross their canal, to restrain persons from
the canal, and depositing timber and lumber upon the roads of the canal, to the
to make by- obstruction of travellers, and injury of the embankments thereof,
and to make such other regulations and bylaws as shall be found
necessary to prevent or correct abuses, and preserve peace and
good order among those who pass on this public highway.
If the company 7. Be it further enacted, That, incase the president, directors
mence said" ar,d company of the Dismal Swamp Canal Company, shall not, at
works within its next general meeting after the passage and confirmation of this
sTriptions't^be ^aw5 declare its intention to open and improve the navigation of the
opened at Nor- Northwest river, or to cut a canal, connecting those waters with
purpose.that the ^vaters of the Dismal Swamp canal, or shall fail within two
years thereafter to commence the same in the manner provided
for by this act, it shall and may be lawful, for either of those pur-
poses, to open books of subscription in the borough of Norfolk,
under the superintendence of Swepson Whitehead, William C.
Holt, Ptobert B. Taylor, William Cammack, Butler Maury,
Miles King and Richard Blow, to raise any sum of money that

DISMAL SWAMP CANAL. 233

may be deemed requisite, not exceeding fifty thousand dollars, in
shares of one hundred dollars each ; and when the subscription
shall be completed, there shall be a general meeting of the subscri-
bers on such day and at such place as a majority of the said sub-
scribers shall appoint, notice of which meeting having been given
for three weeks in some newspaper printed in Norfolk. If a ma-
jority of the shares subscribed for be represented in this general ^rip"io3nllfssub"
meeting, the company shall thenceforth be incorporated and styled completed, the
" The Northwest River Company," and shall then, and annually ^^znJdt0 be
thereafter, there being at such subsequent meeting a majority of under the title
the shares represented, proceed to the choice of a president and °vest Rfverort
four directors, and such officers, agents and servants, as may be Company."
necessary for commencing, prosecuting and conducting said work.

8. Be it further enacted. That the subscriptions to this company sHruS' ?n •

t/ * x i j wtjiicq subscnp-

shall be made payable at such periods and in such proportions as tions have not
the president and directors, or a majority of them, shall direct ; v een £,aid> to

,K r i r -i c i -i. u •■ -u ' be sold at auc-

and in case oi the laiJure ot any subscriber or subscribers to com-tion.
ply with the orders or requisitions of the said president and direc-
tors in this respect, the share or shares of him or them so failing
may be sold at public auction for ready money, (after publishing,
for ten days, notice of the time and place of sale of such share or
shares, in some newspaper of the borough of Norfolk,) and a
transfer thereof in fee simple made to the purchaser or purchasers ;
and if, after the sale of such share or shares, there shall still
remain a balance due thereon, the same may be recovered with
costs (upon ten days' previous notice) of the subscriber or subscri-
bers of such share or shares, his or their executors or adminis-
tors.

9. Be it enacted. That it shall and may be lawful for the North- Tolls,
west River Company, to demand and receive, for the transportation

of any article through its canal, onethird of the price which the
Dismal Swamp Canal Company might lawfully charge for the
transportation through it of the like article.

10. Be it enacted, That the condemnation of land necessary The concerns
for the purposes of this company, the transfer of shares, the pansyait0 ^"con-
appointment of directors, officers, agents and servants, and all other ducted agree-
necessary acts and things to be done for the government of the charter of^the
company, shall be after the manner and upon the principles of the Dismal Swamp
charter of the Dismal Swamp Canal Company. This act shall p^.f om"
commence and be in force from and after the confirmation of the

same by the legislature of the State of North Carolina.

11. Noio therefore, be it enacted by the General Assembly of the Assent of
State of North Carolina, and it is hereby enacted by the authority North Carolina
of the same, That the assent of the State of North Carolina, be, foregoing act.
and the same is hereby given to the above act, is as full and ample

a manner as if the said act had been passed by the General As-
sembly of this State.

vol. ii. 30

234 DISMAL SWAMP CANAL.

AN ACT TO PROVIDE FOR THE REMOVAL OF THE OBSTRUCTION
TO THE PASSAGE OF MASTED VESSELS FROM THE DISMAL SWAMP
CANAL TO ALBEMARLE SOUND.

(Passed at the session of 1828.)

Whereas complaint has been made to this General Assembly,
that a bridge erected across Pasquotank river by the counties of
Camden and Pasquotank, obstructs the passage of masted vessels
from the. Dismal Swamp canal to the waters of Roanoke and the
other rivers flowing into Albemarle sound ; and whereas, in the
compact entered into with the State of Virginia, the State of North
Carolina pledged its faith and honor that the waters of Roanoke
river, Meherren, Nottaway, Chowan, Albemarle sound as low as
the mouth of Pasquotank river, and of the Pasquotank from the
mouth thereof to the said canal, should be forever considered a
common highway, free for the use and navigation of all vessels be-
longing to the State of Virginia or any of its citizens ; and where-
as it is represented to this General Assembly that the said counties
have been at considerable expense in erecting said bridge, and that
a draw might be fixed therein so as to permit the passage of ves-
sels having masts ; and inasmuch as the making of such draw, or
otherwise altering the construction of said bridge, so as to permit
the passage of masted vessels, would be for the public benefit, it
is just and proper that the State should contribute toward the ex-
pense thereof :

Be it therefore enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority of the
Commissioners same, That Willie M'Pherson, George Ferebee and Joseph Do-
appointed. z^ev^ Qf Camden county, and William S. Hinton and Noah Saw-
yer, of Pasquotank, be, and they are hereby appointed commis-
Their duty. sioners, whose duty it shall be to examine said bridge ; and if, in
their opinion, a draw can be fixed therein, so as not to obstruct
the passage of vessels with masts, they, or a majority of them,
may cause the same to be done, in the best and most economical
manner, by contract or otherwise ; and when completed, the said
commissioners, upon obtaining a certificate from the president of
Public treas- the Dismal Swamp Canal Company that the said bridge is so fixed
fixln^draw in as not t0 obstruct the passage of masted vessels, steamboats or
the bridge. other vessels, are hereby authorized to demand of and receive
from the public treasurer the sum necessary to pay for such draw,
or other alteration in said bridge, providing the same shall not ex-
ceed the sum of two hundred and fifty dollars ; and the public
treasurer is hereby authorized and directed to pay the same, on
presentment of the certificate from the president as aforesaid.
Counties to 2. Jind be it further enacted, That the said counties of Pas-

thefirid^e. m quotank and Camden shall ever hereafter, so long as they may
keep the bridge across Pasquotank river as aforesaid, keep a good
and sufficient draw in said bridge, so as not to obstruct the passage
of any vessel, with or without mast, in passing to or from said ca-
nal, at the proper costs and charges of the counties aforesaid.

DISMAL SWAMP CANAL. 235

3. And be it further enacted, That if the said commissioners If commission-
shall fail to have a draw fixed in said bridge, or to have it so alter- draw fixed, aVe
ed as to permit vessels to pass with masts by the time the said sheriffs to have
canal shall be ready to admit of the passage of steamboats or ves- m0V!d.re~
sels with masts, then and in that case it shall be the duty of the

sheriff of each of the counties of Pasquotank and Camden, or
either of them, and they, or either of them, are hereby required
to summon a sufficient force, and without delay to remove so much
of said bridge as may obstruct the passage of any vessel as afore-
said, whenever the president of the Dismal Swamp Canal Company
shall require ; and if the said sheriffs, or either of them, shall neg-
lect or refuse to remove said bridge as aforesaid, when required
as aforesaid, they, or either of them, so neglecting or refusing,
may he prosecuted by said president, in his own name, for such
neglect or refusal, in any court having competent jurisdiction, and, penalty.
on conviction, shall be fined in a sum not exceeding five hundred
dollars, to the use of the State.

4. Jlnd be it further enacted, That if at anytime hereafter, the Bridge, if not
said draw shall not be kept in good and sufficient repair for the toL'removed.
purposes aforesaid, it shall be the duty of the sheriffs of said coun-
ties, on complaint of the president of the Dismal Swamp Canal
Company, to remove said bridge, under the penalty contained in

this act.

5. Jlnd be it further enacted, That the governor of the State Governor to
be requested to transmit a copy of this act to the president of the transimt C0Pies'
Dismal Swamp Canal Company, and a copy to each of the sher-
iffs of Pasquotank and Camden counties, as soon as can be con-
veniently done after the ratification hereof.

6. Jlnd be it further enacted, That this act shall be in force ^hen t0 taks
from and after the passage thereof.

AN ACT TO AMEND AN ACT, ENTITLED AN ACT FOR CUTTING A
NAVIGABLE CANAL PROM THE WATERS OF ELIZABETH RIVER,
IN THE STATE OF VIRGINIA, TO THE WATERS OF PASQUOTANK
RIVER, IN NORTH CAROLINA; PASSED IN VIRGINIA, DECEMBER
THE FIRST, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-
SEVEN.

(Passed at the session of 18X5.)

Be it enacted by the General Assembly of the State of JYorth
Carolina, and it is hereby enacted by the authority of the same,
That the sixth section of the act aforesaid be so altered and
amended, that in case of the death, removal, resignation, or inca-
pacity of the president or any of the directors, the board of direc-
tors may elect one of their own body, or any stockholder of the
company, to supply the vacancy thus created ; and the person so
elected, shall hold such appointment until the next meeting of the
stockholders, and no longer.

2. Be it further enacted, That after the next general meeting of
the stockholders of the Dismal Swamp Canal Company, on the first
Monday in May next, the next general meeting shall be on the

236

ROANOKE NAVIGATION COMPANY.

first Monday in November, one thousand eight hundred and thirty-
six, and continued, by adjournment, as heretofore, and on the first
Monday in November in each year afterwards.

3. Be it further enacted, That at the election of president and
directors of the said company, which shall take place in May next,
the same shall be elected until the first Monday in November, one
thousand eight hundred and thirtysix : when the president and di-
rectors shall be elected for one year, and so shall be elected on
the first Monday of November in each year, in manner and form
as heretofore.

ROANOKE NAVIGATION COMPANY.

AN ACT FOR IMPROVING THE NAVIGATION OP ROANOKE RIVER,
FROM THE TOWN OF HALIFAX TO THE PLACE WHERE THE
VIRGINIA LINE INTERSECTS THE SAME.

(Passed at the session of 1812.)

Whereas the navigation of Roanoke river from the said town
of Halifax westward, is of important utility, and many persons are
willing to subscribe money to effect the same, and it is just that
such subscribers, their heirs and assigns, should receive reasonable
toll in satisfaction for the money advanced. by them to execute the
said work and for the risk they run :
Books to be 1- Beit enacted, #c, That it shall and may be lawful to open

opened. books of subscription at Edenton, under the direction of Josiah

Collins, Jun., John Little and Matthias E. Sawyer, or any two of
them ; at Plymouth, under the direction of William M. Clark,
John Armstead and Josiah Flowers, or any two of them ; at
Windsor, under the direction of David Stone, Joseph H. Bryan
mid Kenneth Clark, or any two of them ; at Halifax, under the
direction of Henry L. Irwin, Robert Johnson and William Burt,
or any two of them ; at Warrenton, under the direction of Peter
R. Davis, John Snow and William Ruffin, or any two of them ;
at Oxford, under the direction of Thomas B. Littlejohn, William
M. Sneed and William Bullock, or any two of them ; at Rocks-
borough, under the direction of Alexander Cunningham, Ira Lee
and William Jeffers, or any two of them ; at Caswell court house,
under the direction of Solomon Graves, senior, Barzilla Graves,
junior, and Griffin Gunn, or any two of them ; at Wentworth, in
Rockingham county, under the direction of Robert Galloway,
James Campbell and Samuel Hill, or any two of them ; at Ger-
mantown, in Stokes county, under the direction of Jeremiah Gib-
son, Peter Hairston and Thomas T. Armstrong, or any two of
them ; and at Raleigh, under the direction of Henry Seawell,
William Boy Ian and Joseph Gales, or and two of them, for re-
Capital, ceiving subscriptions to the amount of one hundred thousand dol-
lars for the said undertaking ; which subscription shall be made
personally or by power of attorney, and shall be in dollars ; that

ROANOKE NAVIGATION COMPANY.

237

the said books shall be opened on the first day of February next,

and be kept open until the first day of October next inclusive, and

on the fourth Monday of the said month of October, there shall be General meet-

a general meeting of the subscribers at Halifax town aforesaid, In£of„subscl'1"

-. . bcrs &c,

and the managers aforesaid, or any three of them, shall give notice
of such meeting in one newspaper published in the town of Peters-
burg, in the state of Virginia, and in one or more newspapers pub-
lished in the city of Raleigh in this State, one month at least be-
fore the day for that purpose appointed, and such meeting shall
and may be continued from day to day until the business is finish-
ed ; and the acting managers shall then and there lay before said
meeting, the books by them kept, containing a state of said sub-
scription ; and if the capital sum aforesaid shall not have been
subscribed, then the managers at Halifax aforesaid, may, during the
said meeting, continue to receive subscriptions to make up the
said deficiency ; and may thereafter, at such times and places,
and on such conditions and terms, as that or any other general
meeting of stockholders shall direct, open books for making up
any deficiency that may still remain. The president and directors
shall immediately after the said first meeting, and afterwards from
time to time, as often as owing to new subscriptions the same shall
become necessary, make a list of the subscribers, with the sums
subscribed by each person, and return the same under their hands R
or under the hands of any three of them, to the secretary's office made to secre-
of the State of North Carolina there to be recorded : and if more tary's office-
than one hundred thousand dollars shall be subscribed before the
said first general meeting of the subscribers, the same shall be re-
duced to that sum by the managers or a majority of them, by be- Howthe excess
ginning to strike off a share from the largest subscriptions in the 0l subscription
first instance, and continuing to strike off' one share from all sub- off, &c.
scriptions under the largest and above one share, until the same is
reduced to the capital aforesaid of one hundred thousand dollars,
or until one share is taken from all subscriptions above one share ;
and lots shall be drawn between subscriptions of equal sums to
determine the numbers, in which such subscribers shall stand on a
list to be made for striking off as aforesaid, and if the sum sub-
scribed still exceeds the capital aforesaid, then they shall strike
off by the same rule, until the sum subscribed is reduced to the
capital aforesaid, or until all the subscribers shall be reduced to
one share, and if there still be an excess, then lots shall be drawn
to determine the subscribers who are to be excluded to reduce
the subscription to the capital aforesaid ; and the said capital sum
shall be divided into one thousand shares of one hundred dollars
each ; and any person may subscribe for one or more whole shares
but not for part of a share, and this State shall, until the fourth
Monday in April, in the year one thousand eight hundred and four-
teen, have the right in preference of all others of subscribing for
two hundred shares ; and if at the time when such subscription on
behalf of this State shall be made, more than eight hundred shares
shall have been subscribed for by individuals, then the said sub-
scriptions by individuals shall be reduced to eight hundred shares,

•238

ROANOKE NAVIGATION COMPANY.

Incorporation.

by striking off in the manner herein before directed ; and the
money paid on the shares struck off, (if any) shall be returned to
the owners of such shares : Provided, that unless four hundred
shares shall be subscribed before, or at the meeting of the sub-
scribers at Halifax in Halifax town, on the fourth Monday in Oc-
tober next, all subscriptions made in consequence of this act, shall
be void.

2. And be it further enacted, That in case four hundred shares
or more of said capital, shall be subscribed as aforesaid, the sub-
scribers, their heirs and assigns from the time of the said first
meeting, shall be, and they are hereby declared to be incorporated
into a company by and under the name of » The Roanoke Navi-
gation Company," and may sue and be sued, as such ; and such of
the said subscribers as shall be present at the said meeting or a
majority of them, are hereby empowered and required to elect a
president and four directors for conducting the said undertaking,
and managing all the said company's business and concerns for and
during such time, not exceeding one year, as the said subscribers
or a majority of them shall think fit ; and in counting the votes of
all general meetings of the said company, each member shall be
allowed one vote for every share as far as ten shares, and one vote
for every five shares above ten by him or her held at the time in
the said company ; and any proprietor by writing under his or her
hand, executed before two subscribing witnesses and acknowledg-
ed or proved before a justice of the peace, may depute any mem-
ber to act as proxy for him or her at any general meeting or meet-
ings, and the presence and acts of such proxy shall be as effectual,
to all intents and purposes, as the presence or acts of his or her
principal could or might be.

3. . And be it further enacted, Thatthe president and directors,
power and du- and their successors or a majority of them assembled, shall have
ties- power and authority to agree with any person or persons on behalf

of the company to open and improve the navigation of Roanoke
river from the town of Halifax, westward to where the Virginia
line intersects the same, by canals, locks or sluices from place to
place, and from time to time, upon such terms as they shall think
fit, and out of the said capital and money arising from tolls, pay
for making and repairing all works necessary for the said navigation,
and also to appoint a treasurer, not one of their own body but yet
a proprietor, clerk, toll gatherers, and such officers, managers and
servants as they shall think requisite, and also to agree for their
wages, settle and pass their accounts, and at their pleasure to re-
move all or any of them, and appoint others in their place, and
also to establish rules of proceeding ; and generally to transact all
the business of the company in the intervals between the general
meetings of the same ; and any general meeting of the proprietors
may allow the said president and directors such sum of money as
the said general meeting may judge a reasonable compensation for
their trouble : Provided always, that the treasurer shall give bond
and security as the president and directors, or a majority of them
shall direct, for the true and faithful discharge of the trust reposed

President and
directors, their

ROANOKE NAVIGATION COMPANY.

239

in him, and that the allowance to be made to him, shall not exceed
three dollars in the hundred, for the disbursements by him made,
and that no officer of the said company shall have a vote in the
settlement or passing of his own accounts.

4. And be it further enacted, That each subscriber shall pay for First payment
every share by him or her subscribed at the first general meeting, Per share-
to be held as aforesaid, the sum of ten dollars to the treasurer of
the company ; and the names of those who fail to pay then and
there, may be struck off the books, and others complying with this
regulation may take such shares ; and the president and directors, Appropriation

°, , . J • ■ r i 1 n i /. oi moneys.

and their successors, or a majority oi them, shall have power irom
time to time, as money may be wanting, to make and sign orders
for that purpose, and direct at what times and in what proportions
the subscribers shall pay the sums by them subscribed, which
orders shall be advertised at least one month in some one news-
paper published in the town of Petersburg in Virginia, and in one
or more newspapers published in the city of Raleigh in North
Carolina : Provided always, that the president and directors shall what may be
not demand from the subscribers more than thirtythree dollars and 0^^ ^
onethird per share in one year, and if any of the subscribers, their how payment
heirs or assigns, shall fail to pay their proportions required within en orce '
one month after the same is so advertised, the president and direc-
tors, or a majority of them, may sell at auction and convey to the
purchasers, the shares of the subscribers so failing, giving at least
one month's notice of the sale in the newspapers aforesaid, and all
such sales shall be in the town of Halifax aforesaid, and after
retaining the sum due, together with the interest thereon and
charges of sale, out of the money produced thereby, they shall
refund and pay the surplus, if any, to the former owners ; and if
such sale shall not produce the full sum ordered and directed to
be advanced as aforesaid, with interest and incidental charges, the
said president and directors, or a majority of them, may, in the
name of the company, sue for and recover the balance by motion
in any court of competent jurisdiction, on ten days previous no-
tice ; and the said purchaser or purchasers shall be subject to the
same rules and regulations, and entitled to the same profits and
privileges as if the sale or conveyance had been made by the
original proprietor.

5. And be it further enacted, That from time to time, on the President and
expiration of the term for which the said president and directors chosen^&c!
may be appointed, the proprietors at their next general meeting,

shall either continue the said president and directors, or any of
them, or choose others in their stead, and in case of the death,
removal, resignation or incapacity of the president or any of the
directors, the remaining members of that body, may appoint a
successor until the next general meeting ; and the proprietors, at
their next general meeting shall fill up such vacancy, and may at
any general meeting, remove the president or any of the directors,
and appoint others in their stead for and during the term for which
such person or persons were at first to have acted.

6. And be it further enacted, That every president and director, To take an

240

ROANOKE NAVIGATION COMPANY.

A majority of
shares consti-
tute a general
meeting.

Board of direc
tors to report,
&c.

The public
works vested
in the propri-
etors.

Tolls.

before he acts as such, shall take an oath or affirmation for the due
execution of his office.

7. And be it further enacted, That the presence of proprietors
owning a majority of shares, shall be necessary to constitute a
general meeting, and that from and after the first general meeting
of the subscribers, the general meeting shall be held on the fourth
Monday in April annually, at the town of Halifax aforesaid ; but
if a sufficient number shall not attend on that day, the proprietors
who do attend, may adjourn such meeting from day to day until

. the business of the company is finished ; to which meeting the
president and directors shall make report, and render distinct and
just accounts of all their proceedings, and on finding them fairly
and justly stated, the proprietors then present, or a majority of
them, shall give a certificate, a duplicate of which shall be entered
on the said company's books ; and at such yearly general meeting,
after leaving in the hands of the treasurer, such sum as the pro-
prietors then present, or a majority of them, shall judge necessary
for repairs and contingent charges, an equal dividend of all the net
profits, arising from the tolls hereby granted, shal lbe ordered and
made to the proprietors of the said company in proportion to their
several shares ; and on any emergency in the interval between the
said yearly meetings, the president or a majority of the directors
may appoint a general meeting of the proprietors of the company
at the town of Halifax aforesaid, giving at least one month's pre-
vious notice in the manner heretofore directed, which meeting
may be adjourned and continued as aforesaid.

8. And be it further enacted, That for and in consideration of
the expenses the said proprietors will be at, not only in cutting
canals, erecting locks, and performing other works necessary for
this navigation, but in maintaining and keeping the same in repair ;
the said canals, locks, and every work and thing appertaining to
the said navigation, with all the profits arising from the same, or
any part thereof, shall be and they are hereby vested in the said
proprietors, their heirs and assigns forever, as tenants in common
in proportion to their respective shares ; and the same shall be
exempt from the payment of any tax, imposition or assessment
whatsoever ; and it shall and may be lawful for the said president
and directors respectively, and at all times hereafter, to demand
and receive at some convenient place or places, at or near the
falls of Roanoke, for all commodities transported through any
canal, lock, or sluice, made by the said company, tolls according
to the following table and rates, to wit : For every pipe or hogs-
head of wine, containing more than sixtyfive gallons, seventyfive
cents ; every hogshead of rum or other spirits, sixtyfive cents ;
every cask between sixtyfive gallons and thirtyfive gallons, half of
a pipe or hogshead ; barrels, onefourth part of a pipe or hogshead,
and smaller casks or kegs in proportion, according to the quantity
of their contents of wine or spirits ; for casks of linseed oil, the
same as spirits ; every hogshead of tobacco, fifty cents ; every
bushel of wheat, peas, beans or flax seed, three cents ; every
bushel of Indian corn or other grain, or salt, two cents ; every

ROANOKE NAVIGATION COMPANY.

241

barrel of pork, fish, or beef, twentyfive cents ; every barrel of
flour, fifteen cents ; every ton of hemp, flax or potash, one hun-
dred and fifty cents ; every ton of manufactured iron, one hundred
and twentyfive cents ; every ton of pig iron or castings, fiftytwo
cents ; every ton of copper, lead or other ore than iron ore, one
hundred and twentyfive cents ; every ton of stone or iron ore,
twentyfive cents ; every hundred bushels of lime, fifty cents ;
every hundred weight of cotton in seed, ten cents ; every hundred
weight of clean cotton, forty cents ; every chaldron of coals,
twentyfive cents ; every hundred pipe staves, eight cents ; every
hundred hogshead staves, or pipe or hogshead heading, five cents ;
every hundred barrel staves or barrel heading, four cents ; every
hundred hogshead hoops, four cents ; every hundred barrel hoops,
two cents ; every hundred cubic feet of plank or scantling, twenty
five cents ; every hundred cubic feet of other timber, twenty
cents ; every gross hundred weight of all other commodities or
packages, eight cents ; all other produce, goods, wares or mer-
chandise, onefourth of one per cent ; every boat or vessel which
has not commodities aboard to yield so much, one hundred and
fifty cents : Provided, that an empty boat or vessel returning,
whose load has already paid at the respective places, the sums,
fixed at each, shall repass toll free : Provided always, that the said
tolls shall be abated in cases where only a partial navigation shall
be effected, in proportion to the length or distance through which
any person or persons may pass ; and that such partial charges of
toll shall be regulated by the president and directors of the com-
pany in such manner as they may think proper ; and if any person
or persons shall refuse to pay the tolls at the time of offering to.
pass the places appointed for their collection and previous to.
passing the same, the collectors respectively may lawfully refuse
passage to the person or persons so refusing ; and if any vessel
shall pass without paying the toll, then the said collectors respec-
tively, may lawfully seize such boat or vessel and sell the same at
auction for ready money, after advertising the sale at least ten
days ; the money arising from which sale, so far as is necessary,
shall be applied towards paying the said tolls, and all expenses of
seizure and sale, and the balance, if any, shall be paid to the owner ;
and the person having the direction of such vessel shall be liable
for such tolls if the same are not paid by the sale aforesaid.

9. And be it further enacted, That as soon as the said company When works
shall have so far completed their works, as that they are ready for portation/com-
the transportation of produce, they shall advertise the same in three P.any t0 adver-
of the public newspapers of this State, and in one newspaper pub-
lished in the town of Petersburg, in the State of Virginia ; and

this legislature may, at the expiration of twentyfive years thereafter,
and at the expiration of every twentyfive years thereafter, alter the
rates of toll hereby established : Provided, that this legislature shall
not at any time reduce the rates of tollage so as to reduce the pro-
fits arising therefrom, below fifteen per cent, upon the capital stock.

10. And be it further enacted, That the president and directors Returns to be
of the said company shall, every twentyfifth year, after their works ^afVssembly

VOL. II. 31

242

ROANOKE NAVIGATION COMPANY.

condemn land
&c.

are completed, and ready for the transportation of produce,
make return to this General Assembly of the amount of toll re-
ceived by them for the preceding twentyfive years ; which return
shall be sworn to before some one of the judges of the superior
courts of law of this State, or in open court in some one of the
courts of pleas and quarter sessions of this State.
The navigation n# j}nci oe fa further enacted, That the navigation and works
highway. of the said company, done in pursuance of this act, when com-
pleted, shall be forever thereafter considered as public highways,
free for the transportation of all goods, wares, commodities or
produce whatsoever, on payment of the tolls imposed by this act ;
and no other toll or tax whatever for the use of the water of the
said navigation and works thereon erected, shall at any time here-
after be imposed without the consent of this legislature.
To purchase or 12. And whereas it may be necessary to complete the naviga-
tion aforesaid, that certain portions of land or rocks, or fish stands
in the river, should be condemned for the purpose : Be it further
enacted, That it shall be lawful for the president and directors, or
a majority of them, to agree with the owners of any lands, rocks,
sluices, or fish stands, through which the said navigation is intended
to pass, for the purchase thereof ; and in case of disagreement, or
if the owner shall be feme covert, under age, non compos, or out of
the State, on application to any two justices of the county in which
such lands, rocks, sluices or fish stands lie, the said justices shall
issue their warrant to the sheriff of the said county, to summon a
jury of eighteen freeholders, not related to the parties, and disin-
terested, to meet on the land to be valued at a day to be expressed
in the said warrant, not less than ten nor more than twenty days
thereafter ; and the sheriff", on the receipt of the said warrant, shall
summon the said jury, and when met, shall administer an oath or
affirmation to each of them, provided twelve or more appear, to
wit : That he will impartially value the thing in question, and con-
sider all damages the owner thereof may sustain, in consequence
of being divested of his property therein ; and that he will not in
his valuation, spare any person through favor, nor injure any one
through malice or hatred. And the inquisition so taken shall be
signed by the sheriff and twelve or more jurors, and returned to the
clerk of the county to be recorded ; and in all such cases, the
jury is directed to describe the thing valued, and their valuation
shall be conclusive ; and the president and directors shall pay the
same to the owners of the thing valued, or his legal representatives,
and if neither can be found in the State, or if found, should refuse
to receive the money, then to the clerk of the court of pleas and
quarter sessions for the county, and on payment thereof, the said
company shall be seized in fee of the thing valued, whether it be
land, rocks, sluices or fish stands, in the same manner as if con-
veyed to them by the owners, by legal conveyance : Provided,
that such condemnation shall not interfere with dwelling houses.

13. Jlnd be it further enacted, That the president and directors,
or a majority of them, may agree with the proprietor or proprietors
for any quantity of land not exceeding four acres at or near each

Toll-houses.

ROANOKE NAVIGATION COMPANY, 243

place intended for collecting the tolls aforesaid, for the purpose of
erecting necessary buildings, and in case of disagreement or any of
the disabilities aforesaid, or the proprietor or proprietors being out
of the State, the same proceeding may be had, and the same con-
sequences shall follow as are enacted in the preceding clause.

14. And be it further enacted, That it shall and may be lawful Transfer of
for every proprietor to transfer bis or her share or shares by deed
executed before two witnesses, and registered after proof of the ex-
ecution in the company's books and not otherwise, except by de-
vise ; which devise shall also be exhibited to the president and
directors, and registered, before the devisee shall be entitled to

draw any part of the profits from the said tolls : Provided, that no
transfer shall be made, except for one or more whole share
or shares, and not for part of such shares, and that no share
or shares shall at any time be sold, conveyed, transferred or
held in trust for the use and benefit, or in the name of another,
whereby the said president and directors, or proprietors, mem-
bers of the said company, or any of them, shall or may be
challenged or made to answer any such trust, but that every such
person appearing as aforesaid to be a proprietor shall, as to the
others of the said company, be to every intent taken absolutely as
such ; but between any trustee and the person for whose benefit
such trust shall be created, the common remedy may be pur-
sued.

15. And be it further enacted. That if the said capital shall Capital may be
prove insufficient, it shall and may be lawful for the said company

from time to time to increase their capital, by the addition of so
many whole shares as shall he judged necessary by the proprietors,
members of said company, or a majority of them who shall be
present at any general meeting, and on such terms as the said gen-
eral meeting shall think fit ; and the said president and directors,
or a majority of them, are hereby empowered and required, after
giving one month's notice in one newspaper published in Peters-
burg aforesaid, and in one or more newspapers published at Raleigh
aforesaid, to open books at the before mentioned places, for re-
ceiving and entering such additional subscriptions, in which the
proprietors for the time being are hereby declared to have the
preference of all others, for the first thirty days after the books
shall be opened as aforesaid, of taking and subscribing for so many
whole shares as any of them shall choose ; and the president and
directors are hereby required to observe in all other respects, the
same rules therein as are by this act prescribed for receiving and
adjusting the first subscriptions, and in like manner to return under
the hands of any three or more of them, an exact list of such ad-
ditional subscribers, with the sums by them respectively subscrib-
ed, into the secretary's office of the State of North Carolina, to
be there recorded ; and all proprietors of such additional shares
shall, and are hereby declared to be from thenceforward, incorpo-
rated into the said company.

16. And be it further enacted, That if the said company shall plete the nav_*
not complete the navigation so as to admit the safe passage of boats igation.

244

ROANOKE NAVIGATION COMPANY.

Any defendant
may give this
act in evidence
under the gen.
eral issue.

No restrictions
&c. to be im-
posed on the
company.

Repealing
clause. &c.

through the same within ten years after the conclusion of the pre-
sent war, all preference in favor of the said company in said navi-
gation shall be forfeited : Provided, that if the said company shall,
at the expiration of the said ten years, have completed twothirds
of the said navigation, they shall have a further time of three years
for completing the same.

17. And be it further enacted, That the said company and their
successors, shall have the power of purchasing and holding, and
selling real and personal estate ; and if any person or persons shall
be sued for anything done in pursuance of this act, he or they may
plead the general issue, and give this act and the special matter in
evidence, and on a verdict against the plaintiff or plaintiffs, or non-
suit, or discontinuance, recover costs of suit.
, 18. And be it further enacted, That the General Assembly of
North Carolina shall not impose any restriction, duty or impost on
commodities, manufactures, produce or merchandise transported
by the said navigation, and that no distinction be made between
the people of North Carolina and the people of Virginia : Provid-
ed, that this General Assembly may make such regulations, re-
specting the inspection of produce brought down the said river
Roanoke and intended for exportation, as they shall think proper,
making no distinction between the people of North Carolina and
the people of Virginia. And provided always, that nothing in this
act contained shall be construed to exempt from taxation, any
lands or other property of the said company other than that im-
mediately used for the navigation by this act contemplated to be
effected.

1$.. And be it further enacted, That all laws and parts of laws
that come within the purview and meaning of this act are hereby
declared void and of no effect, and that no part of this act shall
be so construed as to interfere with the stipulations and provisions
of an act passed at Raleigh in the year one thousand eight hundred
and eleven, entitled " An act to incorporate a company for the
purpose of cutting a navigable canal from Roanoke river and from
the waters of Chowan river in this State, to some of the waters of
James river in the State of Virginia, or to the Dismal Swamp ca-
nal."

AN ACT TO IMPROVE THE INLAND NAVIGATION OF THIS STATE,
SO FAR AS RESPECTS THE RIVER ROANOKE AND ITS WATERS.

(Passed at the session of 1S15-)

1. Be it enacted, fyc, That for the purpose of improving the
navigation of the Roanoke river, and its waters in this State ;
the stockholders in the Roanoke Navigation Company, incorpor-
ated by an act of the General Assembly, passed in the year of our
Lord, one thousand eight hundred and twelve, entitled " An act
for improving the navigation of Roanoke river from the town of
Halifax to the place where the Virginia line intersects the same,"
shall make known to the governor of the State their acceptance or

ROANOKE NAVIGATION COMPANY.

245

rejection ot this amended charter, on or before the first day of Navigation
March next, and if they fail to make known their acceptance or tify the govern-
rejection on or before the said day, it shall be held, deemed and or of their ac-
taken to all intents and purposes, that the said stockholders do ac- Amended'
cept this amended charter, and that all their rights, privileges and charter,
franchises under the before recited act, shall thenceforward cease
and determine, except as the same are granted and secured to them
by this act. And in case of their acceptance either actually or
impliedly as aforesaid, it shall and may be lawful to open books of
subscription at Edenton, under the direction of Joseph B. Skin-
ner, Josiali Collins, Jun. and James Iredell, or any two of them ;
at Windsor, under the direction of David Stone, Joseph H. Bry-
an and Joseph Blount, or any two of them ; at Plymouth, under
the direction of Reuben Carnall, Ezekiel Potter and Asa Hardi-
son, or any two of them ; at Halifax, under the direction of Rob-
ert Johnson, Andrew Joyner and Thomas Burgess, or any two of
them ; at Warrenton, under the direction of Peter R. Davis,
Kemp Plummer and Robert H. Jones, or any two of them ; at
Oxford, under the direction of Thomas B. Littlejohn, William
M. Sneed and William V. Taylor, or any two of them ; at Per-
son court house, under the direction of William Jeffreys, James
Williamson and William M'Kissick, or any two of them ; at Cas-
well court house, under the direction of Solomon Graves, Bar-
zilla Graves and Griffin Gunn, or any two of them ; at Milton, in
Caswell county, under the direction of Thomas Boling, Warner
Williams and Samuel Smith, or any two of them ; at Wentworth,
in Rockingham county, under the direction of Robert Gallaway,
James Campbell and Samuel Hill, or any two of them ; at Ger-
mantown, in Stokes county, under the direction of Thomas T.
Armstrong, Jeremiah Gibson and Charles F. Bagge, or any two
of them ; at Louisburg, under the direction of Green Hill, Jor-
dan Hill and Robert A. Taylor, or any two of them ; at Raleigh,
under the direction of William Boylan, Joseph Gales and Henry
Seawell ; and at Elizabeth City, under the direction of Charles
Grice, Anthony Butler and William T. Muse, or any two of
them, for receiving subscriptions to the amount of three hundred
thousand dollars for the said undertaking, which subscription shall
be made personally or by power of attorney, and shall be in dol-
lars ; and the said books shall be opened on the first day of March Subscription
next, and be kept open until the first day of June next inclusive, onV^t01^/10
and on the fourth Monday of the said month of June there shall March.
be a general meeting of the subscribers at the town of Halifax
aforesaid ; and the managers aforesaid, or any three of them, shall
give notice of such meeting in one newspaper published in the
town of Petersburg, in the State of Virginia, and in one or more
of the newspapers published in the city of Raleigh, in this State,
one month at least before the day for that purpose appointed, and
such meeting shall and may be continued from day to day, until
the business is finished ; and the acting managers shall then and
there lay before said meeting the books by them kept containing a
state of said subscriptions ; and if the capital sum aforesaid shall

246 ROANOKE NAVIGATION COMPANY.

not have been subscribed, then the managers at Halifax aforesaid
may continue during the said meeting to receive subscriptions to
make up the said deficiency, and at such times and places, and on
such conditions and terms as that or any other general meeting of
stockholders shall direct, books may be opened for making up any
deficiency that may still remain. The president and directors shall
immediately after the said first meeting, and afterwards from time
to time as often as owing to new subscriptions the same shall be-
come necessary, make a list of the subscribers with the sums sub-
scribed by each person, and return the same under their hands, or
under the hands of any three of them, to the secretary of state to
be by him recorded — and the capital sum aforesaid shall be divid-
ed into three thousand shares of one hundred dollars each ; and
shall subscribe any person may subscribe for one or more whole shares, but not
for lhe Htat]6 ^01 Part °^ a snare 5 tne treasurer shall subscribe on behalf of the
and fifty State on the books which shall be opened in the city of Raleigh,

shares. two hundred and fifty shares ; and if more than three hundred

thousand dollars shall be subscribed before the said first general
meeting of the subscribers, the same shall be reduced to that sum
by the managers, or a majority of them, by first striking off from
the subscription on behalf of the State until the same is reduced to
the capital aforesaid of three hundred thousand dollars, and if a
greater sum remain than three hundred thousand dollars after the
whole subscription on behalf of the State shall be stricken off, then
the same shall be reduced by striking off a share from the largest
subscriptions in the first instance, and continuing to strike off one
share from all subscriptions under the largest and above one share,
until the same is reduced to the capital aforesaid of three hundred
thousand dollars, or until one share is taken from all subscriptions
above one share, and lots shall be drawn between subscribers of
equal sums to determine the numbers in which such subscribers
shall stand on a list to be made for striking off as aforesaid ; and
if the sum subscribed still exceeds the capital aforesaid, then they
shall strike off by the same rule until the sum subscribed is reduc-
ed to the capital aforesaid, or until all the subscribers shall be re-
duced to one share ; and if there still be an excess, then lots shall
be drawn to determine the subscribers who are to be excluded to
reduce the subscription to the capital aforesaid : Provided, that
unless fifteen hundred shares shall be subscribed before or at the
meeting of the subscribers at Halifax aforesaid on the fourth Mon-
day of June next, all the subscriptions made under this section of
this act shall be void.

2. And be it further enacted, That in case one thousand five
hundred shares or more of said capital shall be subscribed as afore-
said, the subscribers, their heirs and assigns, from the time of the
said first meeting, shall be and they are hereby declared to be
incorporated into a company by and under the name of " The
Style of corpo- Roanoke Navigation Company;" and as such may sue and be
ration, &c sue^ plead and be impleaded, defend and be defended, have per-
petual succession and a common seal : and such of the said sub-
scribers as shall be present at the said meeting, or a majority of
them, are hereby empowered and required to elect a president
and seven directors for conducting the said undertaking and man-

ROANOKE NAVIGATION COMPANY.

247

aging all the said company's business and concerns for and during
such time, not exceeding one year, as the said subscribers, or a
majority of them, shall think fit, and in counting the votes at all
general meetings of the said company, each member shall be
allowed one vote for every share as far as ten shares, and one vote
for every five shares above ten by him or her held at the time in
the said company ; and any proprietor, by writing under his oi-
lier hand executed before a subscribing witness, and acknowledged
or proved before a justice of the peace, may depute any member
to act as proxy for him or her at any general meeting or meetings,
and the presence and acts of such proxy shall be as effectual to all
intents and purposes as the presence or acts of his or her principal
could or might be.

3. Be it further enacted. That the president and directors and President &c.

■J > L a,SS6IIlDl6u,

their successors or a majority of them assembled, shall have power may employ
and authority to agree with any person or persons on behalf of the Persons> &c-
company to open and improve the navigation of Roanoke river,
from its source to its mouth, so far as the same lies within this
State ; and also to open and improve the navigation of all streams
in this State running into the said river, and to make such im-
provements by canals, locks or sluices, from place to place and
from time to time, upon such terms as they shall think fit : and
out of the said capital and money arising from tolls, pay for making
and repairing all works necessary for the said navigation, and also
to appoint a treasurer not one of their own body, but yet a pro-
prietor, clerk, toll gatherers and such officers, managers and ser-
vants as they shall think requisite, and also to agree for their wages,
settle and pass their accounts, and at their pleasure remove all or
any of them and appoint others in their place, and also to establish
rules of proceeding, and generally to transact all the business of
the company in the intervals between the meetings of the same ;
and any general meeting of the proprietors may allow the president
and directors such sum of money as the said general meeting may
judge a reasonable compensation for their trouble. Provided
always, that the treasurer shall give bond and security as the pres-
ident and directors or a majority of them shall direct, for the true
and faithful discharge of the trust reposed in him : and that the
allowance to be made to him shall not exceed three dollars in the
hundred for the disbursements by him made, and that no officer of
the said company shall have a vote in the settlement or passing his
own accounts.

4. Be it further enacted, That the fourth, fifth, sixth, seventh, ^nTof the"
eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fif- act of eighteen
teenth, seventeenth, eighteenth, and nineteenth sections of an act j^j^f drea^ed.
passed in the year one thousand eight hundred and twelve, entitled

"An act for improving the navigation of Roanoke river from the
town of Halifax to the place where the Virginia line intersects the
same," shall be and the same are hereby declared to be revived
and re-enacted for the benefit of said company, and shall constitute
and form part of their charter.

5. Be it further enacted, That payments for shares subscribed tions, howCnP

paid.

248 ROANOKE NAVIGATION COMPANY.

for in behalf of the State shall be made by the treasurer of the
State : and the State shall stand upon the same footing with other
subscribers as to the payments to be made for shares. But no
payment shall be made by the State until the end of thirty days
after the first general meeting of stockholders at Halifax as afore-
said.
Treasurer to 6. Be it further enacted, That the treasurer of this State shall

suae °&c!e represent and vote on behalf of the State, in all general meetings of
the stockholders : and in case of sickness or other cause which
may prevent his personal attendance, he may appoint a proxy as
in the case of individual subscribers.
President and 7. Be it further enacted, That the president and directors of
construct 'a ay tne sa^ company be and they are hereby authorized to make or
turnpike road construct a turnpike road around the falls of the Roanoke river
aroun e a s,near ^e town of Halifax, if they shall deem the same to be advis-
able, until the navigation of the said river can be improved at the
said falls by means of canals, locks and sluices, and to ask and re-
ceive the same tolls for commodities transported around the said
falls along the said turnpike road as they would be entitled to,
were the navigation improved for the transportation thereof in boats,
and they are hereby authorized whenever the same shall be deemed
advisable by a majority of the stockholders, out of the tolls which
shall be received, to construct one or more toll bridges across the
river Roanoke, or any of the streams which run into the said river.
Tolls as by s. 8. Be it further enacted, That the rates of toll prescribed by
8. ofactof i8i2, the eighth section of the act aforesaid, passed in the year one thou-

may be altered. R ) f J ,

sand eight hundred and twelve, may be altered Irom time to time
by the stockholders or a majority of them in a general meeting,
and other tolls established at different places on the Roanoke river
and the waters thereof, so that the profits arising from the whole
of the said tolls shall not in any one year exceed fifteen per centum
upon the capital stock aforesaid after payment of the sums allowed
annually to the officers of the said company, expenses incurred for
repairs and other incidental charges.
Treasurer au- 9. Jind be it further enacted, That for the purpose of enabling
taiTloans'of " tne treasurer of this State to advance from time to time such sums
the banks, &c. of money as shall be required under this act, he is hereby author-
ized and directed to make a loan or loans on behalf of the State
from the banks of Newbern and Cape Fear, for the sum of twen-
tyfive thousand dollars, upon the terms mentioned in the amended
charter granted to the said banks at the last session of the General
Assembly.
Banks &c. au- iq. Jind be it further enacted, That the several banks in this
scribe. ' " State, and all other bodies politic and corporate, shall be and they
are hereby authorized to subscribe for shares in said company, and
to hold and enjoy the same in the same way with other subscrib-
ers.
Present stock- H. Be it further enacted, That the stockholders or a majority
holders to be 0f them in a general meeting, shall have power to make compen-
ibrlurveys! &c. sation to the present stockholders who subscribed for shares under
already made, the charter granted by the act passed in the year one thousand

ROANOKE NAVIGATION COMPANY.

eight hundred and twelve as aforesaid, for surveys which they have
procured to be made, and for such charts of those surveys as
may be in their possession.

249

AN ACT DECLARING VALID THE PROCEEDINGS OF THE SUBSCRI-
BERS FOR IMPROVING THE NAVIGATION OF THE RIVER ROAN-
OKE AND ITS WATERS, AT A GENERAL MEETING HELD IN THE
TOWN OF HALIFAX, IN TFIIS STATE, ON THE FOURTH MONDAY
OF OCTOBER, A. D. ONE THOUSAND EIGHT HUNDRED AND SIX-
TEEN, AND FOR OTHER PURPOSES.

(Passed at the session of 181 0.)

Whereas an act passed at the last General Assembly, entitled
" An act to improve the inland navigation of this State, so far asPrea e'
respects the river Roanoke and its waters," directed that books
should be opened at a certain time, and at certain places, under the
direction of certain persons named in the said act, for the purpose
of receiving subscriptions to the amount of three hundred thousand
dollars for improving the navigation of the river Roanoke and its
waters ; and whereas many of the persons so named failed to make
returns of their books to the general meeting of the subscribers,
held in the town of Halifax, in this State, on the fourth Monday of
June last past, so that the acting managers could not then deter-
mine whether fifteen hundred shares had then been subscribed, and
the subscribers then present continued their meeting by adjourn-
ment until the fourth Monday of October last past, at which time
there being a general meeting of the said subscribers, held in the
town of Halifax aforesaid, it appeared that fifteen hundred shares
had been subscribed of the capital stock required for improving the
navigation contemplated by the said act : Whereupon the said sub-
scribers did proceed to organize " The Roanoke Navigation Com-
pany," and to appoint the president and directors thereof: And
whereas doubts are entertained whether the said company has been
legally organized, and the said officers legally appointed, for the
purpose of removing said doubts and giving effect to the proceed-
ings of the said subscribers, and to the spirit and meaning of the
act aforesaid :

1. Be it enacted, 4»c, That the proceedings of the subscribers £°ceedingsat
lor improving the navigation ol the river Koanoke and its waters, tioned.
at their general meeting held at the town of Halifax, in this State,
on the fourth Monday of October last past, be and they are
hereby declared to be legal and valid to every intent and purpose ;
and " The Roanoke Navigation Company," then and there organ-
ized and constitued, under the act passed at the last General As-
sembly, entitled, " An act to improve the inland navigation of this
State, so far as respects the river Roanoke and its waters," is hereby
declared to be legally organized and constituted under the said act ;
and the said company, so organized and constituted, shall have and
be entitled to the rights, privileges and immunities by the said act
vol. n. 32

250

ROANOKE NAVIGATION COMPANY.

Provision for
payment of
shares.

Former sub-
scribers re-
tained and en-
rolled in this
. company.

granted, and be subject to the restrictions imposed by the same,
and may forthwith proceed to improve the navigation of the river
Roanoke and its waters, according to the intent and meaning of
the said act ; and the officers of the said company then and there
appointed, are hereby declared to be legally appointed under the
said act, and they shall continue in office until the next general
meeting of the stockholders, to be held in the town of Halifax
aforesaid, on the fourth Monday of October next, and all subscrip-
tions for shares, made upon the books mentioned in the preamble
to this act, shall be binding upon the subscribers, in like manner as
if the said books had been returned to the general meeting of the
subscribers at Halifax aforesaid, on the fourth Monday of June
last past, and in like manner as if it had then appeared that fifteen
hundred shares had been subscribed before the said meeting, and
the shares subscribed for on behalf of the State shall be paid for in
like manner as shares subscribed for by individuals.

And whereas, in consequence of the doubts aforesaid, some of
the said subscribers have not paid ten dollars upon each share by
him, her or them subscribed, as directed by the before recited act :
Be it further enacted, That ten dollars upon each share subscribed
as aforesaid, shall be paid to the treasurer of the said company on
or before the first day of January next, otherwise the president
and directors of the said company may proceed to enforce such
payments by legal process, or declare such share or shares forfeited
as they may prefer, and each subscriber making such payment,
shall be held, deemed and taken a stockholder in the said company,
and shall make payment of the balances due on the shares by him,
her or them holden, as the president and directors of the company
shall order and direct ; and in case of failure to make such pay-
ment, shall be liable to the forfeitures imposed by the before recited
act, and may be proceeded against in the way therein pointed out.

And whereas under an act passed in the year one thousand
eight hundred and twelve, entitled " An act for improving the
navigation of Roanoke river from the town of Halifax to the place
where the Virginia line intersects the same," books were opened
for the purpose of receiving subscriptions to the amount of one
hundred thousand dollars, and subscriptions to a considerable
amount were made upon the said books ; and many of the said
subscribers are desirous that the sums so subscribed by them should
be applied to the purpose of improving the navigation of the Roa-
noke river : Be it further enacted, that, the said subscribers shall,
on or before the first day of January next, make known to the pres-
ident and directors aforesaid, the number of shares by them sub-
scribed and by them wished to be retained ; and shall on or before
the said day pay to the treasurer of the said company ten dollars
upon each share by him, her or them subscribed, and wished to
be retained as aforesaid ; and thereupon the said president and
directors shall cause his, her or their names to be enrolled in the
list of stockholders in said company, and he, she. or they shall be
held, deemed and taken as a stockholder or stockholders in said
company, and liable accordingly, to every intent and purpose ; and

ROANOKE NAVIGATION COMPANY. 251

all subscribers under the said act, failing to make known the num-
ber of shares by them subscribed and wished to be retained by
them as aforesaid, on or before the said day, shall be held and
taken to have relinquished all right under their said subscriptions,
and their said subscriptions are in that case declared to be void.

2. And be it further enacted, That the annual meetings of the piace 0f meet.
stockholders in the "Roanoke Navigation Company" shall here-ing-

after be held in the town of Halifax, in this State, or at such place
as the president and directors shall appoint, on the fourth Monday
of October in each and every year, and in case the said stockhol-
ders, or a majority of them, shall fail to meet, in the town of Hal-
ifax, or at such place as the president and directors may appoint,
on the day aforesaid, the president and directors elected for the
preceding year shall continue in office until a meeting of the stock-
holders can be had.

And whereas doubts are entertained as to the dividends which
the said company shall be entitled to receive : Be it further en-
acted, That the said company shall be entitled to receive dividends Dividends on
only upon so much of their capital stock as the stockholders sliall only, &c
actually pay for the purposes of the said navigation ; and the Gen-
eral Assembly may from time to time call upon the president and
directors for a statement of the capital stock actually paid by the
stockholders as aforesaid, and of the amount of tolls received,
which statement shall be rendered on oath.

3. And be it further enacted, That the articles following shall amended, viz.
be, and make part of the charter of the aforesaid company, and

all parts of the before mentioned acts of one thousand eight hun-
dred and twelve and one thousand eight hundred and fifteen, incon-
sistent with the said articles, shall be hereby repealed.— First. Thepower
The power of purchasing and holding real estate granted to the to hold real es-
said company, by the said act of one thousand eight hiuidred and t|) fifty imi e
twelve, shall not extend to the purchasing or holding of real estate thousand dol-
to a greater amount than fifty thousand dollars over and above that a^ove &c
which may be necessary for carrying on the works of said com-
pany and making and constructing the turnpike road contemplated
in the seventh section of the said recited act.— Second. That if Navigation to
the said company shall not open and complete the navigation of the wltMn twenty
said river and the tributary streams thereof, for the safe passage ofyearsfrom
boats within twenty years from and after the first day of January, anuary'
one thousand eight hundred and eighteen, then all preference in
favor of the said company in the navigation of the said river and
streams respectively, so not improved, shall cease and be for-
feited.— Third. The General Assembly may from time to time sembly may re-
regulate and restrain the rates and tables of toll established by the strain and limit
said stockholders, if the said rates and tables shall in the opinion more than fif-
of the said General Assembly be more than sufficient to make the teen Per cent-
net profit of fifteen per centum on the stock, as provided in the
before mentioned acts. — Fourth. And the company and stockhol- £[^ ofae!
ders aforesaid, shall within four calendar months after the adjourn- ceptance of
ment of this General Assembly, notify his excellency the gover- ct'
nor, of their acceptance or refusal of their charter, as by this act

252

ROANOKE NAVIGATION COMPANY.

amended, and if said company and stockholders shall fail to give
such notification, such failure shall be construed an acceptance of
the same, and in case the said company shall refuse to accept
the amendments as aforesaid to their charter, then this act and
every part thereof shall be of no effect or virtue whatever, but
shall be absolutely void.

4. And be it further enacted, That this act shall be in full force
immediately from and after the ratification thereof, any thing to
the contrary notwithstanding.

The act of
Virginia,

Preamble,

Relations
for hiring ne-
groes.

AN ACT GIVING THE ASSENT OF THE GENERAL ASSEMBLY OP
THE STATE OF NORTH CAROLINA, TO AN ACT PASSED BY THE
GENERAL ASSEMBLY OP THE COMMONWEALTH OF VIRGINIA,
CONCERNING THE NAVIGATION OF THE ROANOKE RIVER AND

iTS BRANCHES.

(Passed at the session of 1817.)

Whereas, at a General Assembly of the Commonwealth of Vir-
ginia, begun and held on the eleventh day of November, in the
year of our Lord one thousand eight hundred and sixteen, an act
was passed by the said General Assembly, with the title, and in
the words following, to wit :

" An act to amend the act entitled, ' An act incorporating a com-
pany for the purpose of improving the navigation of Roanoke river
and its branches.' "

Whereas it is represented to the General Assembly, that the
State of North Carolina, by acts which have passed their legisla-
ture, in the years one thousand eight hundred and twelve, and one
thousand eight hundred and fifteen, and one thousand eight hundred
and sixteen, have incorporated a company to improve the naviga-
tion of that State so far as respects the river Roanoke and its
waters ; that the company incorporated by the State of North Car-
olina for that purpose have secured their charter according to the
conditions imposed upon them by the act of incorporation granted
by the General Assembly of North Carolina, and have elected
their president and directors for one year : it is indispensably ne-
cessary that the State of Virginia should aid this object, and assist
an undertaking so extensively and intimately connected with the
prosperity and interest of this State.

1 . Be it further enacted, That for the purpose of aiding and
assisting the company so as aforesaid incorporated, the president
and directors of the said company are authorized to hire slaves of
the citizens of this Commonwealth, whether hired by them in trust
for life, or absolutely for any term that may be agreed upon by the
president and directors of the said company, or their duly author-
ized agent or agents, and the holder or owner of such slaves : Pro-
vided, that such slaves be employed when hired by said company,
in and about their necessary work, in improving the navigation of
the said river Roanoke ; and the president and directors of the

K.OANOKE NAVIGATION COMPANY.

253

said company shall and may return the said slaves to their holders
or owners when the term of service shall expire for which they
may have been hired, and the holders or owners shall have full
power and authority to receive such slaves so hired, without in-
curring any of the penalties imposed upon holders or owners of
slaves for carrying out or bringing into the State any slave or slaves
once carried out, any law to the contrary notwithstanding. But
in all cases of slaves held upon trust, or for life only, the said
president and directors, or their duly authorized agents, as the case
may be, shall give bond with security to the persons so holding for
life or in trust, that they will return the slave or slaves to the per-
sons, or their legal representatives, of whom they were hired, at
the expiration of their term. The said president and directors for Mode of recov-
the time being of the said company, are hereby authorized and ments.
empowered to recover, in any court of record in this Common-
wealth, by motion, ten days previous notice thereof having been
first given, their requisitions with costs of suit, including one dol-
lar for sending the notices of any delinquent stockholder of the said
company residing in the State of Virginia, who shall, within one
month after such requisition is so made, fail to pay the same to the
president and directors, or their duly authorized agent, previous
notice having been given of such requisition being so made upon
the holders by the president and directors, in some newspaper
in the State of Virginia.

The interest of very many of the good people of this Common-
wealth requires that the improvement of the navigation of the Roa-
noke river and its branches, capable of being made navigable both
in North Carolina and Virginia, should be begun and completed as
early as possible, and that the right to improve the navigation of
the said river and its branches shall be vested in one company.

2. Be it further enacted, That the exclusive right to improve Rights of the
the navigation of said river and its branches, within the limits of 0]mra company
the State of Virginia, shall be and the same is hereby vested in the extended to
company incorporated by several acts of the state legislature of river and its
North Carolina, passed in the years one thousand eight hundred branches which
and twelve, one thousand eight hundred and fifteen, and one thou- b '

sand eight hundred and sixteen, for the purpose of improving the
navigation of the Roanoke river, from where the Virginia line in-
tersects the river to the Albemarle sound, and called the " Roan-
oke Navigation Company," that the powers of the president and
directors of said company, now elected, and their successors, shall
extend to and be exercised over the improvement of the said river
and its branches, which are created and vested in them by the
several acts of incorporation granted them by the State of
North Carolina over that part of the river Roanoke which runs
through the State of North Carolina ; and the rights of the com-
pany to improve the navigation of the said river and its branches,
with all other rights and powers created by this act, and vested in
the company, shall be held, exercised and enjoyed in common both
by the citizens of Virginia and the State of North Carolina, who
are now or shall hereafter become stockholders in the said com-
pany ; and that for and in consideration of the expenses the said

254

ROANOKE NAVIGATION COMPANY.

Powers of
president and
directors.

How lands to
be condemned.

company shall be at, not only in cutting the canals, erecting locks,
and other works for opening the different falls of the said river,
and in improving and extending the navigation thereof, but in main-
taining and keeping the same in repair, the said canals and works
with all (heir profits, shall be and the same are hereby vested in
the stockholders of the aforesaid company, who now are or shall
hereafter become stockholders, their heirs or assigns forever, as
tenants in common in proportion to their respective shares, and
the same shall be deemed real estate, and be forever exempt from
the payment of any tax, imposition or assessment whatever. It
shall and may be lawful for the said president and directors to re-
ceive tolls, and fix them at such rates that the net profit to be
received by the company, when they shall have completed the
navigation of the said river and its branches within the State of
Virginia and North Carolina, according to the conditions of their
charter granted by that State, shall be fifteen per cent, exclusive
of the expenses of officers' fees and all other charges annually in-
curred upon the capital stock created by the State of North Caro-
lina, and which shall be added thereto by this law. But should the
said company not expend the whole stock created by their acts of
incorporation granted by the State of North Carolina, and the
stock to be added thereto by this law, in the improvement of the
navigation of said river and its branches, and the carrying into full
effect their charter granted by the legislature of North Carolina,
that then they shall only receive fifteen per cent, net profit upon
so much of their capital as they shall actually have expended in
carrying their several charters into full effect. The president and
directors and their successors, or a majority of them, shall have
full power and authority to agree with any person or persons on
behalf of the said company, to cut such canals and erect such
locks, and perform such other works as they shall judge necessary
for opening, improving and extending the navigation of the said
river and its branches, from the eastern boundary line between this
State and the State of North Carolina, and carrying on the same
from place to place and from time to time, and upon such terms
and in such manner as they shall think fit, and out of the money
arising from their stock subscribed, the tolls and other aid given,
to pay for the same, and to repair and keep in order the said canals,
locks and other works necessary thereto, and to defray all inci-
dental charges, and to appoint toll gatherers, superintendents or
agents, and fix their wages, and to pay them, and to make and es-
tablish rules of proceedings, and to transact all business and con-
cerns of the company, not exclusively vested in the stockholders
in their general meetings.

3. And the said president and directors, or a majority of them,
shall have full power and authority to agree with the owners of
any land, through which any canal is intended to pass, for the
purchase thereof ; and in case of disagreement, or the owner
thereof shall be feme covert, under age, non compos mentis, or out
of the State, on application to any two justices of the county in
which such land shall lie, the said justices shall issue their warrant

\

ROANOKE NAVIGATION COMPANY. 255

under their hands to the sheriff of their county to summon a jury
of twenty four inhabitants of his county, possessing the same qual-
ifications as jurors to serve in the superior courts of law in this
Commonwealth, to meet on the land to be valued on a day to be
expressed in the warrant, not less than ten nor more than twenty
days thereafter, and the sheriff upon receiving the said warrant,
shall forthwith summon the said jury, and when met, provided that
not less than twelve do appear, which shall be a sufficient number
to compose a jury, but if more, all that are present shall be empan-
elled on the jury, but if twelve do not appear, and there are by-
standers possessing the necessary qualifications, then the sheriff
shall with those that do appear empanel as many bystanders as
will make a jury of twelve at least, which jury when empanelled
shall, (to be administered by the sheriff,) take the following oath
or affirmation, that they will faithfully, truly and impartially value
the land not exceeding in any case the width of one hundred and
sixty feet, and assess all damages the owner thereof shall sustain
by cutting the canal through such lands according to the best of
their skill and judgment, and that in such valuation, they will not
spare any person through fear or affection, nor any person grieve
through malice, hatred or ill will ; and the sheriff' shall thereupon
take an inquisition which shall be signed and sealed by the sheriff,
and at least twelve of the jury ; in which verdict, if twelve of the
jury concur, it shall be sufficient and as effectual as if all the jury
had agreed in the verdict, which inquisition so taken by the sheriff"
shall by him be returned to the clerk of his county court, to be by
him recorded upon the return thereof, and upon every such valua-
tion it shall be the duty of the county surveyor to attend such jury,
and he is hereby directed to describe and ascertain the bounds of
the lands by the jury valued, and return a plat thereof to be recorded
with the inquisition taken by the sheriff, and the valuation of the
jury shall be conclusive and final upon all persons, and the dama-
ges by them found shall be paid by the president and directors to
the owner of the land, or his or her legal representatives ; and on
payment thereof, the said company shall be seized in fee of such
land, and it shall be forever vested in them. For summoning and
empanelling and attending the jury, and making his return, the
sheriff shall receive four dollars. The surveyor for making any
survey, making a plat and return thereof, five dollars ; and the clerk
of the court for recording the inquisition and return, shall receive
one dollar and ninetytwo cents, which fees shall be paid by the
president and directors.

4. Beit further enacted, That all lands necessary for erecting Land for toll
buildings near the place of receipt of tolls aforesaid, shall be val- houses-
ued, condemned and paid for as aforesaid, and the company shall
upon payment of the valuation of the said land, be seized thereof
in fee simple as aforesaid. Should it happen that twelve of any
jury which may be empanelled under this law cannot agree in a
verdict, it shall be lawful for the sheriff to discharge such jury,
and make return upon the warrant of the fact to the justices issu-
ing such warrant, or any other two justices in the county, who

256

ROANOKE NAVIGATION COMPANY.

Water works.

River a public
highway.

A capital of
two hundred
thousand dol-
lars created.

shall thereupon issue another in the same manner as if no warrant
had ever issued, and the same proceedings shall be had as if no
warrant had issued and shall be in like manner proceeded in until
a jury shall be had, twelve of whom shall agree in a verdict ; but
no juryman shall be summoned by the sheriff upon any subsequent
jury who was sworn upon any divided jury; and in all such new
proceedings, the sheriff and surveyor shall receive the same fees
for each jury to be paid for in like manner as are allowed to them
in the third section of this act.

And whereas, some of the places through which it may be ne-
cessary to conduct the said canals may be convenient for erecting
mills, forges and other waterworks, and the person possessing such
situation may design to improve the same :

5. Be it therefore enacted. That the water, or any part con-
veyed through any canal cut or made by the said company shall not
be used for any purpose but navigation, unless the consent of the
proprietors of the lands through which the same shall be led, be
first had, and the said president and directors, or a majority of
them, are hereby empowered and directed, if it can be conve-
niently done, to answer both the purposes of navigation and the
water works aforesaid, to enter into reasonable agreements with
the proprietors of such situations, concerning the just proportion of
the expenses of making large canals or cuts, capable of carrying
such volume or volumes of water as may be sufficient for the pur-
poses of navigation, and also for any such water works as afore-
said ; but in no case whatever, shall the owner or proprietor of
such land, through which any canal may be cut as aforesaid, with-
draw from any canal, cut by the aforesaid company, the water
therefrom for the purpose of working any mill, forges or other
water works whatever.

6. And he it further enacted, That the said river and its branches
are now declared, and the works to be erected thereon in virtue
of this act, when completed, shall forever thereafter be esteemed
and taken to be navigable as a public highway, free for the trans-
portation of all goods, commodities or produce whatever, on pay-
ment of the tolls imposed by this act.

7. Be it further enacted, That to enable the said company to
improve the navigation of the said river and its tributary streams,
according to the provisions of this act, a capital stock of two hun-
dred thousand dollars, in addition to their stock created and granted
them by the General Assembly of North Carolina, is hereby cre-
ated, which shall be divided into two thousand shares of one
hundred dollars each ; and that the stockholders of the aforesaid
company at their next general meeting, whether it be their annual
or general meeting called by the president and directors, shall open
books at such places, and under the management of such commis-
sioners as they may think proper to appoint, that no person shall
subscribe for a part of a share or shares, but for one whole share
at the least, and that upon the shares so subscribed the persons or
bodies politic or corporate subscribing shall pay, on the first day
of December next, to the said president and directors or amajor-

\

ROANOKE NAVIGATION COMPANY. 257

ity of them, ten per cent, upon each share subscribed, and such
requisitions as the said president and directors, or a majority of
them, may make, so that they shall not on any subscription exceed
thirtythree and onethird per cent, in any one year.

And for all shares not subscribed for the first day of December
next, the commissioners appointed by the stockholders at their
general meeting shall continue their books open, and shall be sub-
ject to any further directions of the stockholders in their general
meetings, who may, if necessary, appoint other or additional com-
missioners at the same or other places until they shall dispose of
the stock created by this law.

That for all stock subscribed for after the first day of Decern- instalments
ber next, at the time of subscribing ten per cent, shall be paid how Paid-
upon each share so subscribed for, and such requisitions as the
president and directors, or a majority of them, may make, so that
they do not exceed thirtythree and onethird per cent, in any one
year.

That the said commissioners shall at every general meeting of Commissl°ners

i i i i i i t i r i ■ • i • i i t0 retum books

the stockholders held alter their appointment, return their books to president
of subscription to the president and directors, or a majority of ^cd directors>
them, and at the same time account for the money received by
them, and in the event of their failure to pay the money so received,
the said president and directors may, upon ten days previous notice
being given to such commissioner, recover the amount by him so
received with costs, and fifteen per cent, damages until payment,
in any court of record in this State : and in the event of more
than two thousand shares being subscribed, the stockholders at
their next general meeting, after the books are closed, shall strike
from the shares of those having the highest number until the stock
shall be reduced to two hundred thousand dollars ; and should it
happen that two or more persons should hold an equal number of
shares which stand the highest upon the list, that then the stock-
holders shall decide by ballot, from whose stock the shares are to
be taken ; always striking from the highest number until the stock
shall be reduced to two hundred thousand dollars.

The several banks in this State and all bodies politic and cor- Banks may
porate, shall be and they are hereby authorized to subscribe for subscribe-
shares in the said company, and to hold and enjoy the same in the
same way as individuals, subject to the same restrictions and modes
of recovery.

8. Be it further enacted, That whenever the said president and Regulations for
directors, or their successors, shall make requisitions upon the stamen"!.1""
stockholders for payment of any part of their stock, they shall
give one month's public notice of such order of requisition so
made, in some newspaper published in Petersburg, the borough of
Norfolk, and Raleigh in the State of North Carolina, and if upon
such requisitions so made, and notice given, any stockholders
shall fail to make immediate payment of the requisition so made,
the president and directors, upon motion in any court of record in
this Commonwealth, having given ten days previous notice of such
motion, may recover judgment of any delinquent stockholder for

vol. ii. 33

258

ROANOKE NAVIGATION COMPANY.

sueh requisitions so made upon him and costs of motion, including
one dollar for service of notice, and sue out execution thereon,
upon which the clerk shall endorse, " no security of any kind to
be taken," and such execution shall be directed to the sheriff of
the county or serjeant of the town, city or borough, where such
delinquent shall then or last have resided, who shall without delay
proceed to levy the same, and if the officer to whom such execu-
tion is directed shall fail to make the debt and costs due thereon,
and shall make a return of nulla bona as to part or the whole of
the execution, then and in that case, the president and directors
shall immediately proceed to advertise such delinquent stock one
month in some one newspaper in Virginia and North Carolina, and
sell so much of the stock, as is delinquent, for cash, as will satisfy
and pay whatever balance of debt and costs may be due the com-
pany, and after deducting what may be due, with the costs of ad-
vertising and other incidental charges of sale, shall pay over any
overplus in their hands to the original subscriber, and the stock
so sold shall be held by such purchaser, subject to any future re-
quisitions which may after such sale be made by the president and
directors, as it would have been in the hands of the first holder,
and in all things the purchaser shall be substituted in the place of
the original holder, and in all such sales the president and direc-
tors shall convey the stock so sold to the purchaser by deed, stat-
ing the cause of sale, which deed shall be duly recorded in the
county court where the last holder lived, as other deeds for real
estate, and registered on the books of the company.
How shares It shall and may be lawful for said stockholders to transfer their

ferred tranS~ snare or shares of stock by deed executed in the presence of two
witnesses, or the execution thereof acknowledged by the party
thereto, and recorded in the county or corporation court where
the holder lives at the time of the sale, and registered in the books
of the company, but in no case shall a transfer of a part or parts
of a share or shares be made either by deed or will, and in all
cases of stock cast by descent or devised by will, the descent
cast or devise made shall be entered on the books of the company,
and if any stockholders shall die intestate and his shares shall de-
scend to his distributees, and upon division thereof, the shares
cannot be equally divided between such distributees, without di-
viding shares into parts of shares, such shares as cannot be divided
in entire shares shall be sold for their benefit, and the proceeds
divided between them according to their respective rights : Pro-
vided, that no transfer whatever shall be made, conveyed or held
in trust for the use and benefit, or in the name of another, where-
by the president and directors or proprietors of the said company
or any of them, shall or may be made to answer concerning any
such trust, but that every person appearing as aforesaid to be a
proprietor, shall as to the others of the said company, be to every
intent taken absolutely as such, but between any trustee and the
person for whose benefit any trust shall be created, the com-
mon remedy may be pursued,
st^khofiers 9. Beit further enacted, That the said president and directors,

ROANOKE NAVIGATION COMPANY.

259

or a majority of them, shall make out a fair list under their hands be returned to
and seals of the names of stockholders, their places of residence, county c0urto
and the number of shares subscribed for by each stockholder un- and there re-
der this act, to the county court of Mecklenburg, which list so cor e
returned shall be recorded by the clerk, who shall grant a certifi-
cate to each stockholder, certifying the number of shares by him
held ; for recording which return and granting the certificate, the
clerk may demand and receive of each stockholder fifty cents,
which certificate shall be legal evidence of the stockholder's right
to his stock, and a like list, certified by the president and directors
or a majority of them, shall be registered on the books of the
company at some of the general meetings of the stockholders.

10. Be it further enacted, That the board of public works in sc^bee eighty
this State are authorized and required to subscribe the sum of thousand dol-
eighty thousand dollars towards the stock of the Roanoke Navi- $£' pr0V1 e '
gation Company, upon condition that the State of North Carolina

shall give its assent to this act. The said subscription to be upon
the same terms in all respects with that of the State of North Car-
olina to the stock of the Roanoke Navigation Company.

1 1 . And be it further enacted, That if the capital stock ere- opened 'fb/in^
ated by the State of Virginia and North Carolina, shall prove in- crease of cap-
sufficient to improve the navigation of the said river and its branch-
es, the stockholders in general meeting shall have power to open

books in the same manner, and upon the same terms and princi-
ples, as they are authorized by the charter of the State of North
Carolina, and they shall authorize as many shares, of one hundred
dollars each, to be taken in Virginia as are authorized by the State
of North Carolina, and the stockholders shall, as in the charter
of North Carolina, be allowed thirty days from the opening such
books in exclusion of all other persons to take such stock.

And if the said stock is not taken by the said stockholders in
thirty days, then such stock, as shall remain unsubscribed for,
may be subscribed for by any person, body politic or corporate,
under such restrictions as to time of payment as the stockholders
may impose, and the stockholders subscribing for the stock thus
created by the stockholders shall have, use, and be entitled to all
the rights, privileges and immunities of the original stockholders,
and be subject to the like rules and regulations, and their shares to
be recorded and registered in like manner, and in case of delin-
quency in payment of requisitions liable to the same mode of re-
covery.

12. Be it further enacted, That nothing in this act contained, by^vir^inTa^
shall prohibit the General Assembly of Virginia from passing acts

for the incorporation of companies to cut canals from the river
Roanoke, or any of its tributary streams, so as to connect the wa-
ters thereof, with other rivers or streams : Provided, that the leg-
islature shall not withdraw from the said river or its tributary
streams or canals, cut or constructed thereon, so much of its wa-
ters as to interfere with the rights secured to the aforesaid compa-
ny, or to impair the navigation which the said company is hereby
authorized to improve.

260 ROANOKE NAVIGATION COMPANY.

Tolls. The said president and directors, and their successors, shall

from time to time, for the use of the navigation of the said river,
its tributary streams and canals constructed thereon, graduate a
scale of tolls so as to make the tolls by them to be imposed bear
a just proportion to different designated points of distance.
Dividends. 13. Be it further enacted. That after deducting the necessary

expenses for the current year, the dividends of the profits arising
upon the stock created by this charter, shall be declared and di-
vided between the stockholders, in proportion to the number of
shares each shall hold, at the same time, and in the the same man-
ner, as the dividends are directed to be made and declared between
the stockholders by the acts of incorporation granted the aforesaid
company by the General Assembly of North Carolina.

The president and directors of the said company for the time
being shall cause to be set up, and continually kept up, at all their
toll gates, at the respective toll houses they may erect, the rates
of toll that may be established, so that an effectual check may be
imposed upon the collectors of tolls.
Report to Gen- j^_ Be it further enacted, That at the same times, and in the
same manner, that the charter granted by the state legislature of
North Carolina to the said company, requires that their president
and directors shall report to that legislature a correct transcript of
their rates of tolls imposed by the company, the tolls received,
and their expenditures, shewing the amount of their dividends of
clear profit upon their stock, that the said president and directors
shall make a like report to the General Assembly of Virginia. And
if it shall appear from their reports so made, that the president and
directors of the said company have exacted greater tolls than have
yielded them the clear profits allowed by this charter, and the
charter of North Carolina, the General Assembly of Virginia re-
serves to itself the right of thereafter regulating the tolls of said
company, so that such regulations shall not diminish their net profit
below fifteen per cent, upon their capital actually expended ac-
cording to their charter.
How much 15. Be it further enacted, That the said company, in addition to

companymay tne ^an<^ tne company are authorized to condemn, for the purpose
hold. of cutting their canals, may acquire real estate in the State of Vir-

ginia to the amount of fifty thousand dollars in its original cost,
which they shall have the power to alienate, should the interest of
the company require it. And the said company shall have power
to acquire by purchase, personal estate, and dispose of it when
their interest may require it.
Hands hired or The said president and directors, may and shall have the power
le employed1 m t0 employ their hands hired or purchased, in Virginia or North
either State. Carolina, as the interest of the company may require, without in-
curring any of the penalties of the laws against bringing slaves into
this State ; but this privilege shall not extend to the company the
right of selling in this State any of the slaves by them purchased
in any other State than Virginia.
Collection of 16. Be it further enacted, That it shall and may be lawful for
tolls. tne saj(i president and directors for the time being, to demand and

ROANOKE NAVIGATION COMPANY.

261

receive tolls at the several places they shall establish for the re-
ceipt thereof, and in case of refusal or neglect to pay the tolls at
the time of offering to pass through the places aforesaid, and pre-
vious to the vessel's passing through the same, the collector of the
tolls may lawfully refuse passage to such vessel, and if any vessel
shall pass without paying the said tolls, then the said collector may
seize such vessel, wherever found, and sell the same at auction
for ready money, which, so far as may be necessary, shall be ap-
plied towards paying the said tolls and all expenses of seizure and
sale, and the balance, if any, shall be paid to the owner, and the
person having the direction of such vessel shall be liable for such
toll, if the same is not paid by the sale of such vessel as aforesaid.

17. Be it further enacted, That in case the said company shall When naviga-
not complete their works, and the improvement of the navigation completed .&
of said river and its tributary streams, by the first day of January,

one thousand eight hundred and fortythree, then shall all the in-
terest of the said company under this charter and all preference
in their favor as to the navigation and toll aforesaid, be forfeited
and cease.

18. Be it further enacted, That at the next eeneral meeting of tTne comPar,y

C* o \q ELCC6PL or rc

the stockholders of the Roanoke Navigation Company, created by ject this act,
the legislature of the State of North Carolina, whether it be called &c-
or their annual general meeting, the said stockholders shall declare
their acceptance or rejection of this charter, with its conditions
and limitations as created and vested in them by this act ; and if
they accept the charter, a resolution shall be adopted by them de-
claring their acceptance with its condition, which shall be inserted
in their proceedings at large upon their books ; a copy of which
resolution, certified under the hand and seal of their chairman and
secretary, and countersigned by their president, shall be transmit-
ted to the executive of the State of Virginia, and the governor of
North Carolina, which resolution shall form a part of the commu-
nication of the governor to the General Assembly of Virginia at
their next session.

19. Jlnd be it further enacted, That should the aforesaid com- Conditional
pany accept the charter offered to them by this law, that then the erPact.°
law passed the nineteenth day of February, one thousand eight
hundred and sixteen, entitled " An act incorporating a company for

the purpose of improving the navigation of Roanoke river and its
branches," shall be and the same is hereby repealed, but should
the charter aforesaid be rejected by the aforesaid company, that
then the said act shall remain in full force, and although the said
company should reject this charter, their rejection shall not impair
the first and second sections of this act.

20. This act shall be in force from the passing thereof."
Noio, be it enacted by the General Assembly of the State of

North Carolina, That the assent of the State of North Carolina North Car-
be, and the same is hereby given to the said act ; and the Roanoke olina given to
Navigation Company shall have, exercise and enjoy all the rights, act. '
franchises and privileges given by the said act, subject to the limi-
tations and restrictions therein contained ; but nothing contained

form-

262 ROANOKE NAVIGATION COMPANY.

Reservation of in the said act, or in any other act, heretofore passed, respecting
n° ' the navigation of Roanoke river and its branches, shall be con-

strued to prohibit the General Assembly ol the State of North
Carolina from passing acts for the incorporation of companies to
cut canals from the river Roanoke, or any of its tributary streams,
so as to connect the waters thereof with other rivers or streams :
Provided, that the legislature shall not authorize the withdrawal
from the said river or its tributary streams or canals cut or con-
structed thereon so much of its waters as to interfere with the rights
secured to the aforesaid company, or to impair the navigation
which the said company is authorized to improve : And provided
further, that the State of North Carolina shall at any time have the
right to increase her subscription to the stock of said company, so
that her whole interest in the said stock shall not exceed the sum
of eighty thousand dollars.
Notice of ac- 21. And be it further enacted, That the stockholders of the
thi^act6 Roanoke Navigation Company, shall, within four calendar months

after the first day of January next, notify his excellency the gov-
ernor of their acceptance or refusal of their charter as by this act
amended, and if said company and stockholders shall fail to give
such notification, such failure shall be construed an acceptance of
the same.

And if the said company shall refuse to accept of the amend
ments aforesaid to their charter, then this act and every part thereof
shall be of no effect or virtue whatever, but shall be absolutely
void.
Toll not to ex- Provided, nothing in this act shall be construed to deprive the
cent. een per legislature of North Carolina of regulating the toll of said com-
pany within the said State so as to prevent the net profits from ex-
ceeding fifteen per cent.

AN ACT CONCERNING THE ROANOKE NAVIGATION COMPANY.
(Passed at the session of 1819.)

General meet- 1. Be it enacted, 8fc, That the general meeting of the stock-
Mondavof holders of the Roanoke Navigation Company shall hereafter be
November. held on the second Monday in November, in each and every year,

or at such other time as the stockholders in general meeting may

appoint, any law to the contrary notwithstanding.
Proviso. 2. And be it further enacted, That this act shall be in force

whenever the General Assembly of Virginia shall pass an act to

the same purport and effect.

AN ACT CONCERNING THE ROANOKE NAVIGATION COMPANY.
(Passed at the session of IS23.)

Board for inter- 1. Be it enacted, Sfc, That the president and directors of the
m^iTiim- Board of Internal Improvements, shall, if they deem it expedient,
thorizeJ to sub- subscribe for and in behalf of the State, for two hundred and fifty

CAPE FEAR NAVIGATION COMPANY.

263

shares in the capital stock of the Roanoke Navigation Company, scribe twenty-
in addition to the shares already subscribed for and owned by thedoliars.
State in the stock of that company ; payment for which additional which is to be
shares shall be made by the public treasurer, by order of the presi- ^Mic n-eas-
dent and directors of the said Board of Internal Improvements, outury.
of any money in the public treasury not otherwise appropriated, at
such times and in such amounts as said board shall direct : Pro-
vided, that it shall be a condition of such subscription made by Tne condition
the Board of Internal Improvements with the directors of the Roa- of the sub-
noke Navigation Company, that the said money shall be applicable
only to the expense of locking down from the basin at Weldon's
orchard into the river.

2. Be it enacted, That this act shall be in force from and after
the ratification thereof.

(See the Cape Fear Navigation Company. Act of 1832.)

CAPE TEAR NAVIGATION COMPANY.

AN ACT TO IMPROVE THE NAVIGATION OF CAPE FEAR RIVER, AND
OF DEEP AND HAW RIVERS.

(Passed at the session of 1796.)

Whereas the navigation of Cape Fear river from Avarysborough
up to the confluence of Deep and Haw rivers, and of each of
the said rivers as far as the same can be effected, would be of im-
portant public utility ; and many persons are willing to subscribe
money to effect the work, and it is just that such subscribers, their
heirs and assigns, shall receive reasonable tolls in satisfaction for
the money advanced by them to execute the said work, and for
the risk they run :

1. Be it therefore enacted, fyc, That it shall be lawful to open Books of sub-
books of subscription at Ramsey's and Stokes's mill, in Chatham ^iption, under
county, on Deep river, under the management of John Ramsey tion and when
and Thomas Stokes at said mill ; and at Henry Branson's in Ran- fnd wher?t0

* DC OP6n6Q«

dolph county, under the management of Henry Branson, for
receiving and entering subscriptions to the amount of eight thou-
sand dollars for the said undertaking ; which subscriptions shall be
made personally or by power of attorney, and shall be in Span-
ish milled dollars, but may be paid in other silver or gold coin
of the same value ; that the said books shall be opened for re-
ceiving subscriptions on the first day of May next, and continue
open until the first day of August next, inclusive : and on the
tenth day of August there shall be a general meeting at Pittsbo-
rough in Chatham county ; of which meeting notice shall be given
by the said managers at least twenty days before the said meeting,
and such meeting shall and may be continued from day to day until

264

CAPE FEAR NAVIGATION COMPANY.

the business is finished ; and the acting managers shall, at the time
and place aforesaid, lay before such subscribers as shall meet
according to the said notice, the books by them respectively kept,
containing a state of the said subscriptions ; and if one half of the
capital sum aforesaid should on examination appear not to have
been subscribed, then the said managers are empowered to take
and receive subscriptions to make up the deficiency ; and in case
more than eight thousand dollars shall be subscribed, then the
same shall be reduced to that sum by the said managers, or a
majority of them, by beginning at and striking off from the largest
subscription or subscriptions, and continuing to strike off a share
from the subscriptions above one share, until the sum is reduced
to the capital aforesaid of eight thousand dollars, or until a share
is taken from all subscriptions above one share ; and lots shall be
drawn between subscribers of equal sums, to determine the number
in which such subscribers shall stand on a list to be made for
striking off as aforesaid ; and if the sum subscribed still exceeds
the capital aforesaid, then they shall strike off by the same rule,
until the sum subscribed is reduced to the capital aforesaid, or all
the subscribers are reduced to one share ; and if there still be an
excess, then lots shall be drawn to determine the subscribers who
are to be excluded, to reduce the subscriptions to the capital
aforesaid ; which striking off shall be certified in the list aforesaid:
and the said capital sum shall be reckoned and divided into three
hundred and twenty shares of twentyfive dollars each, of which
every person subscribing may take and subscribe for one or more
whole shares, and not otherwise. Provided always, That unless
one half of the said capital shall be subscribed, all subscriptions
made in consequence of this act shall be void ; and in case one
half and less than the whole of the said capital shall be subscribed
as aforesaid, then the directors are hereby empowered and directed
to take and receive the subscriptions, which shall be first offered
in whole shares as aforesaid, until the deficiency shall be made
up ; a certificate of all such subscriptions shall be made under the
hand of the directors, or a majority of them, for the time being,
and be returned to and recorded in the county court of Chatham.
When half the 2. Be it jurther enacted, That in case one half of the said capi-
scnbedAe" ta^ or a greater sum shall be subscribed as aforesaid, the said sub-
company de- scribers and their heirs and assigns, from the time of the said first
corporatedfand meeting, shall be, and they are hereby declared to be incorporated
to elect a pres- into a company by the name of the Deep and Haw River Com-
pany, and may sue and be sued as such. And such of the said
subscribers as shall be present at the said meeting, or a majority
of them, are hereby empowered and required to elect a president
and four directors, for conducting the said undertaking, and man-
aging all the said company's business and concerns, for and during
such time not exceeding five years, as the said subscribers or a
majority of them shall think fit. And in counting the votes of all
general meetings of said company, each subscriber shall be allow-
ed one vote for every share as far as five shares, and one vote for
every three shares above five, by him or her held at the time in

CAPE FEAR NAVIGATION COMPANY.

265

the said company. And any proprietor, by writing under his or
her hand, executed before a justice of the peace, and certified,
may depute any member to act as proxy for him or her at any
general meeting.

3. Be it further enacted, That the president and directors so President, &c.
elected, and their successors, or a majority of them assembled, openmg the
shall and may have power and authority to agree with any person navigation, &c
or persons on behalf of the company, to open and improve the
navigation of Cape Fear and Deep and Haw rivers aforesaid, by

canals, locks or sluices, from place to place, and from time to
time, upon such terms as they shall think best : and out of the
said capital and money arising from tolls, shall and may pay for
making and repairing all works necessary for the navigation ; and
also to appoint a treasurer, not one of their body, but yet a propri-
etor ; clerk, toll gatherer, and such officers, managers and servants ficers, &c.
as may be requisite, and to agree for their wages, settle and pass
their accounts ; and also to establish rules of proceeding, and
generally to transact all the business of the company in the inter-
vals between the general meetings of the same ; and they shall be
allowed by the company at their general meetings, a reasonable
sum for their trouble. Provided, that the treasurer shall give
bond and security as the president and directors shall direct ; and
that no officer in the company shall have a vote in settling or pass-
ing his accounts.

4. And be it further enacted, That each subscriber shall pay Payments

r tin i • iiiii when and how

lor every share, at the first general meeting to be had on the tenth to be made, &c.
day of August next, at the town of Pittsborough in Chatham
county, the sum of five dollars per share, to the treasurer of the
company ; and the names of those who fail to pay, then and there
shall be struck off the books, and others complying with this regu-
lation may take such shares ; and the president and directors, and
their successors, or a majority of them, shall have power from
time to time, as money may be wanted, to make and sign orders for
that purpose, and direct at what times, and in what proportion the
subscribers shall pay the sums subscribed ; which order shall be
advertised in the Fayetteville Gazette at least three weeks. Pro-
vided, that the president and directors shall not demand from the
subscribers more than ten dollars per share in one year ; and if
any of the subscribers shall fail to pay their proportion required,
within one month after the same is so advertised, the president
and directors, or a majority of them, may sell at public auction
and convey to the purchaser, the shares of the subscriber so fail-
ing, giving at least twenty days' notice in the gazette aforesaid ;
and all such sales shall be at Pittsborough aforesaid, and the pur-
chasers of such shares shall be subject to the same regulations, as
if the sale and conveyance had been made by the proprietors.

5. Be it further enacted, That from time to time at the expi- President, &c.
ration of the term for which the president and directors may be &°w continue >
appointed, the subscribers at their next general meeting, may con-
tinue them or any of them, or choose others in their stead ; and

in case of death, resignation, removal, or incapacity of any of
vol. ii. 34

266 CAPE FEAR NAVIGATION COMPANY.

them, may elect others ; and may also at any of their general
meetings, remove the president or any of the directors, and ap-
point others for the remainder of the time for which such person
or persons were to have acted.
President &c ^' ^e *? further enacted, That every president and director,
to take oath, before he proceeds to act, shall take an oath or affirmation for the
meitm-^when ^aitliml discharge of his office. And that there shall be a general
and wliere meeting of the proprietors at Pittsborough in Chatham county, on
held, &c. tjie tenth ^y 0f August annually after the first meeting, who shall

sit as long as the necessary business may require ; and the presi-
dent and directors shall make report, and render just and distinct
accounts of all their proceedings ; and the proprietors present, or
a majority of them, if they find the accounts just, shall grant a cer-
tificate thereof, and make a statement of the same on the books of
the company : and at such yearly general meetings, after leaving
in the hands of the treasurer such sum as the majority of the pro-
prietors shall judge necessary for repairs and contingent charges,
an equal dividend of the profits arising from the tolls by this act
granted, shall be made among the proprietors in proportion to their
several shares. And on any emergency, the president or a major-
ity of the directors, in the interval between the yearly meetings,
may call a general meeting of the company at Pittsborough in the
county of Chatham aforesaid, giving thirty days' notice as afore-
said.
Property vested 7. Be it further enacted, That for the expenses the company
&c e company> must incur in cutting canals, erecting locks, making roads, and do-
ing various things necessary for this navigation, the said canals
locks, roads and every work and thing appertaining to the said
navigation, with all the profits arising from the same or any part
thereof, shall be and they are vested in the said company, their
heirs and assigns for ninetynine years, as tenants in common in
proportion to their respective shares ; and the same shall be deem-
ed real estate, and shall be exempt from the payment of taxes,
imposition or assessment. And the tolls which the company
shall or may demand for every thing brought down, or carried up
through their navigation, or any part therof, shall be as followeth,
Rates of toll, to wrt : For every pipe or hogshead of wine containing more
&c- than sixtyfive gallons, fifty cents ; for every hogshead of rum

or other spirits, fifty cents ; for every hogshead of tobacco,
thirtythree and onethird cents ; for every cask between sixtyfive
and thirtyfive gallons, half of a pipe or hogshead ; barrels one-
fourth part, and smaller casks or kegs in proportion according to
the quality and quantity of their contents of wine or spirits ; for
casks of linseed oil, the same as spirits ; every bushel of wheat,
peas, beans, or flaxseed, two cents ; for every bushel of Indian
corn or other grain, or salt, two cents ; for every barrel of pork
or beef, twentyfive cents ; for every barrel of flour, ten cents ;
for every ton of hemp, flax, potash, bar or manufactured iron, one
hundred cents ; for every ton of pig iron, or casting, one hundred
cents ; for every ton of copper, lead or other ore, (except iron,)
one hundred cents ; for every ton of stone or iron ore, twentyfive

CAPE FEAR NAVIGATION COMPANY.

267

cents ; for every hundred bushels of lime, one hundred cents ;
for every chaldron of coals, twentyfive cents ; for every hundred
pipe staves, five cents ; for every hundred hogshead staves, pipe
or hogshead heading, five cents ; for every thousand hoops,
twentyfive cents ; for every hundred barrel staves or heading, two
cents ; for every hundred cubic feet of lumber, ten cents ; and
for every gross hundred weight of all other commodities or packa-
ges, five cents ; and that every empty boat that has carried its load, and
and paid the tolls, on its return shall pass free from tollage. And
the president and directors shall enter the said regulations of toll
in their books : and it shall be lawful for the president and direc-
tors at all times hereafter to receive the tolls so assessed on all
goods, produce and commodities which shall be transported
through the navigation of the said company, or any part thereof ;
and they may demand the toll at such place or places as they shall
think proper. And if any person shall refuse to pay the toll so
laid as aforesaid, the collector may deny passage : and if any per-
son so refusing to pay, shall pass through the navigation, it shall
be lawful for the collector to seize vessel and cargo, wherever
found ; and after ten days' public notice sell the same, or as much
thereof, at public auction, for ready money, as may be necessary
to pay the toll and all expenses ; and the surplus of such sale, if
any, shall be returned to the owner.

3. Be it further enacted, That the president and directors, or Manner of ob-

Jr , •!! • r taming lands,

a majority ol them, may agree with the proprietors lor any quan- &c. for buiid-
tity of land not exceeding ten acres, at or near the places intend- i»ss-
ed for collecting the toll aforesaid, for the purpose of erecting
necessary buildings ; and in case of disagreement, a jury of twelve
good and lawful men shall be summoned ; and their valuation shall
be the price which the company shall pay : and in case the pro-
prietor refuse to receive the money, it shall be paid into the clerk's
office of the county where the land lieth, and by him recorded,
together with the location and bounds of the land ; and shall be
deemed a conveyance in fee, as fully and amply as if made by the
proprietor to the said company. Provided, that nothing herein
contained, shall be construed to authorize the president and direc-
tors to seize on or take any part of the cleared land of any inhabi-
tant, but with his consent.

9. Be it further enacted, That it shall be lawful for every of ¥£*"<?* ?l
the proprietors to transfer his share or shares by deed executed snares, &c?
before two witnesses, and registered after proof of execution, in
the company's books, and not otherwise, except by devise ; which
devise shall also be exhibited to the president and directors, and
registered before the devisee shall be entitled to receive any part
of the profits from the said tolls. Provided, that no transfer
shall be made for parts of a share, and that no share shall be trans-
ferred, or held in trust for the use and benefit, or in the name ot
another, whereby the president and directors, or any of them,
may be made to answer any such trust ; but that every such per-
son appearing as aforesaid to be a proprietor, shall as to the rest
of the company be considered to every intent as a proprietor ; but

268

CAPE FEAR NAVIGATION COMPANY.

Time granted
for finishing
the work.

Company may
hold, &c. real
estate.

between any trustee, and the person for whose benefit any trust
may be created, the common remedy may be pursued.

10. Be it further enacted, That if the said company shall not
complete the said navigation within ten years after the passing this
act, the preference in favor of the said company with respect to
the said navigation shall be forfeited,

11, Be it further enacted, That the said company and their suc-
cessors, shall be capable of purchasing, holding and selling real
and personal estate ; and if any person shall be sued for any thing
done in pursuance of this act, he may plead the general issue, and
give the special matter in evidence ; and on a verdict against the
plaintiff, or nonsuit or discontinuance, recover costs of suit.

Annual meet-
ing, &c.

Power to re-
move obstruc-
tions, &c.

To close the
books of sub-
scription.

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO IMPROVE THE
NAVIGATION OF CAPE FEAR RIVER AND DEEP AND HAW RIV-
ERS."

(Passed at the session of 1797.)

Whereas the time appointed by the before recited act is found
inconvenient for the meeting of the proprietors of the Gape Fear,
Deep and Haw Rivers Navigation Company :

1. Be it enacted, fyc, That the future annual meetings of the
proprietors aforesaid, shall be on the second Monday in February,
at Pittsborough, or at any other place within the county of Chat-
ham, which they may find hereafter to be more convenient to
adjourn to.

2. Be it further enacted, That the president and directors of
the company aforesaid, shall have power to remove, or shall cause
to be removed, all fish dams, traps, hedges or other obstructions,
except mill dams, which they shall deem to be in the way of the
navigation of the rivers aforesaid. Provided, that the said presi-
dent and directors shall not have power to remove the said traps
or stands until they shall have completed the navigation of the said
rivers up to the places where such fish traps and stands are situ-
ated.

3. And he it further enacted, That the president and directors
shall have full power and authority to close their books of sub-
scription whenever they shall think proper so to do.

AN ACT CONCERNING THE NAVIGATION OF CAPE FEAR RIVER.
(Passed at the session of 1815.)

Rights and 1- Beit enacted, #c, That all the rights, privileges and fran-

privileges the cnises granted to the Roanoke Navigation Company, by the
ofntheiRoanoke fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth,
Navigation thirteenth, fourteenth, fifteenth, seventeenth, eighteenth and nine-
teenth sections of an act passed in the year one thousand eight

Company.

CAPE FEAR NAVIGATION COMPANY. 269

hundred and twelve, entitled "An act for improving the navigation
of Roanoke river, from the town of Halifax to the place where the
Virginia line intersects the same," be and they are hereby granted
to the Deep and Haw River Navigation Company, and the said
sections shall constitute and form part of the charter of the said
company, as applied to the Cape Fear river, and the streams which
run into the same, except as hereinafter excepted.

2. Be it further enacted, That the rights, privileges and fran- To extend
chises of the Deep and Haw River Navigation Company shall ex-fromthe
tend from the sources of the several rivers and creeks running into moXofYhe"
the Cape Fear river to the mouth of the said river ; and the presi- river-

dent and directors of the said company shall have power, and they ?ow^r of. the
are hereby authorized to engage persons to improve the navigation prove thenar,
of the Cape Fear and its waters as aforesaid, by canals, locks andlgation-
sluices, or otherwise, as may be deemed most expedient.

3. Be it further enacted, That the general meeting of the stock- General meet-
holders in said company shall hereafter be held in the town of Fay- ing* to he held
etteville ; and books shall be opened on the first Monday of April in Fayetleville-
next, for receiving subscriptions for an increase of the capital stock Books to be
of the said company for a sum not exceeding one hundred thousand ?Pened for ati
dollars, of which sum the stock already subscribed shall constitute SJ&^
and form a part ; and this capital sum, not exceeding one hundred
thousand dollars, shall be divided into shares of one hundred dol-
lars each, and the present stockholders in the said company shall

deliver to the president and directors the certificates of stock
which they now hold, on or before the first Monday of June next,
and receive other certificates in lieu thereof, and as to the present
stockholders, new certificates may be issued for part of a share,
but no subscription shall hereafter be received for part of a
share.

4. Be it further enacted, That books for receiving the said Regulations for
subscriptions shall be opened under the directions of such persons °Pening the

as the president and directors of the company shall designate and Si Tub-
appoint for that purpose ; and shall remain open until the first Mon- sections, &c
day of June next inclusive, and that on or before the first Monday
of July then next following, the said books shall be returned to John
Eccles and^ John Winslow in the town of Fayetteville, and the
said John Eccles and John Winslow, with the president and di-
rectors aforesaid, or a majority of them, shall then and there pro-
ceed to ascertain the number of shares subscribed ; and if the
amount of the shares subscribed when added to the amount of the
shares now holden by the stockholders in the said company shall
exceed the sum for which the said books shall be opened, they
shall proceed to strike off from the said subscriptions, until the
same with the amount of stock now holden shall be reduced to the
capital sum aforesaid, and in striking off from the said subscriptions
they shall proceed in the manner prescribed in the first section of
the act aforesaid, passed in the year one thousand eight hundred
and twelve, entitled " An act for improving the navigation of Roa-
noke river, from the town of Halifax to the place where the Vir-
ginia line intersects the same."

270

CAPE FEAR NAVIGATION COMPANY.

This act to
have no effect
unless fifty
thousand dol-
lars be sub-
scribed, &c.
Books deemed
evidence of
sales of shares.

Tolls may be
altered, &c.

Treasurer au-
thorized to bor
row of the

banks.

Banks, &c. au
thorized to sub
scribe.

Capital may
he enlarged.

Toll bridges
may be built,
&c.

5. Be it further enacted, That if the sum of fifty thousand dol-
lars shall be subscribed in addition to the present stock of the said
company by the first Monday of June next inclusive, this act
shall have effect and not otherwise.

6. And whereas many shares have been sold under direction of
the president and directors of the company for balances due there-
on, and have been purchased in for the benefit of the company :
Be it further enacted, That the books of the company shall be
deemed good evidence of such sales and purchase, and also good
evidence of such other sales and purchases as shall hereafter be
made of shares for any balance or balances due thereon.

7. And whereas by improving the navigation of the Cape Fear
river, and the various streams which run into the said river, the
said company will become entitled to tolls at different places, but
of unequal amount : Be it enacted, That the stockholders, or a
majority of them in a general meeting, shall have power to regulate
and determine the tolls which shall be paid ; and from time to time
alter the said tolls : Provided, that the said tolls shall be so fixed,
that the profits arising therefrom, shall not in any one year exceed
fifteen per cent, upon the capital stock aforesaid, after payment of
the sums allowed annually to the officers of the said company,
expenses incurred for repairs, and other incidental charges.

8. And to enable the treasurer of this State to advance from
time to time such sums of money as shall be required under this
act, Be it further enacted, That the treasurer be and he is hereby
authorized and directed to make a loan or loans on behalf of the
State from the banks of Newbern and Cape Fear, for the sum of
fifteen thousand dollars, upon the terms mentioned in the amended
charter granted to the said banks at the last session of the General
Assembly, and the said banks are hereby authorized to make such
loan or loans.

9. And be it further enacted, That the several banks in this
State, and all other bodies politic and corporate, shall be and they
are hereby authorized to subscribe for shares in the said company,
and to hold and enjoy the same in the same way as other sub-
scribers.

10. Be it further enacted, That the capital sum aforesaid may
be enlarged from time to time at the discretion of the stockholders,
or a majority of them in a general meeting, should the said capital
sum be insufficient to complete the navigation contemplated by the
company under this act, and the president and directors of the
said company, whenever a majority of the stockholders in general
meeting shall deem the same to be advisable, shall be and they are
hereby authorized, out of the capital stock aforesaid, or the tolls
which shall be received, to construct one or more toll bridges
across the Cape Fear river, or any of the streams which run into
the said river, and for the condemnation of lands necessary for the
erection of the abutments of said bridges, and the erection of toll
houses, the same proceedings shall be had as are prescribed for
the condemnation of lands for canals in the act aforesaid, passed
in the year one thousand eight hundred and twelve.

CAPE FEAR NAVIGATION COMPANY. 271

11. Be it further enacted. That if more shares shall be sub- When there
scribed upon the books which shall be opened on the first Monday j!ess 0f^sh.are*~
of April next, than the amount of the capital sum aforesaid of one how to be
hundred thousand dollars, deductions shall be made in the first stne eno "
instance by striking off from the subscriptions on behalf of the

State, and this shall be continued until the whole number of shares

subscribed for on behalf of the State shall be stricken oft*, or

until the sum subscribed be reduced to the capital sum aforesaid of

one hundred thousand dollars : Provided nevertheless, that nothing Proviso for the

contained in this act shall prevent the State from appointing a point a director.

director of the said company, in the event that she shall hold any

shares, at any time whenever the General Assembly shall think

proper to make such appointment.

12. Be it further enacted, That the stockholders in the Deep Former compa-
and Haw River Navigation Company shall make known to the gov- tno£n their
ernor on or before the first day of March next, their acceptance acceptance, &c.
or rejection of this amended charter : and if they fail to make

known their acceptance or rejection by the said day, such failure
shall be held, deemed and taken, to all intents and purposes, to be
an acceptance thereof.

13. And be it further enacted, That all acts and clauses of acts Repealing
which come within the purview and meaning of this act, or which clause-
give rights, privileges and franchises at variance with those given

by this act, but which rights, privileges and franchises have not as
yet been used and enjoyed, be and they are hereby declared to be
repealed and made void.

14. Be it further enacted, That after the acceptance of this Style of" the
amended charter by the said company, the style and title of the corPoratlon-
said company shall be, " The Cape Fear Navigation Company,"

by which name they may sue and be sued, plead and be impleaded.

AN ACT TO AMEND THE FIRST SECTION OF AN ACT, PASSED IN
THE YEAR ONE THOUSAND EIGHT HUNDRED AND FIFTEEN, EN-
TITLED "AN ACT CONCERNING THE NAVIGATION OF THE CAPE
FEAR RIVER."

(Passed at the session of 1821.)

1. Whereas the said act, in the first section thereof, provided Preamble,
that all the rights, privileges and franchises granted to the Roanoke
Company by the fourth and as far as the eighteenth section of an
act, passed in the year eighteen hundred and twelve, entitled "An
act for the improving the navigation of Roanoke river, from the
town of Halifax to the place where the Virginia line intersects the
same," be, and are hereby granted to the Cape Fear Navigation
Company, and the said sections shall constitute and form a part of
the charter of said company, as applied to the Cape Fear river.
And whereas the fourth clause of the above recited act requires
that all sales of stock for balances due and owing the said company
shall be made in the town of Halifax, in this State ; and also
requires one month's notice to be given in some one newspaper

'272 CAPE FEAR NAVIGATION COMPANY.

published in the town of Petersburg, in the state of Virginia, as
well of such sales as directions at what times and in what propor-
tions the subscribers shall pay the sums by them subscribed,
which renders the mode of selling stock, belonging to the said Cape
Fear Navigation Company, highly inconvenient and expensive ; for
remedy whereof,
onh?rldtedn 2- Be U ™acted, fyc, That so much of the fourth section of
act repealed, the above recited act as requires the sale of stock to be made in
Cape*Fear the tne town °^ Halifax, and notice to be advertised in the town of
Navigation Petersburg, be, and the same is hereby repealed, so far as respects
Company. ^ Qa^e fear Navigation Company, and shall no longer be deemed
and held applicable to the same ; and that all sales of stock sub-
jected to the said Cape Fear Navigation Company, shall, from
after the passage of this act, take place and be held in the town
of Fayetteville ; and that the president and directors of the Cape
Fear Navigation Company shall give one month's notice as here-
tofore, except the publication in some one newspaper published in
the town of Petersburg aforesaid.
President and 3. Be it enacted, That the president and directors of the Cape
directors of Fear Navigation Company be, and are hereby authorized, by one
Navigation month's public advertisement in the newspapers prescribed in the
Company au- above recited act, as amended by the foregoing section hereof, to
peat their call repeat their call upon such of the stockholders as have failed to
on stockholders pav each of the instalments upon the stock for which they may

WHO ilUVG 13.1 1 CO. •

to pay their in- have subscribed, or of which they may have become proprietors,
stalments. to have been hitherto required, although in such former requisition
advertisement may not have been made in any Petersburg paper ;
and such notice shall be holden, and is hereby declared to be, as
good and available against any defaulting stockholder, in any suit
or motion brought or made against him, for any balance after the
sale of his stock, according to the directions of the above recited
act thus amended, as if advertisement had been regularly made in
some paper in the town of Petersburg, pursuant to the provisions
of said act.

AN ACT CONCERNING THE CAPE PEAR NAVIGATION COMPANY.
(Passed in the year 1823.)

Foard for in- 1. Be it enacted, $-c, That for the purpose of completing the
perovementsau-nav'§at^on °^ tne ViVer Cape Fear, from the town of Wilmington
thorized to sub- upwards, the President and Directors of the Board of Internal
{j^ofthe" Improvements are hereby authorized and directed to subscribe, for
Statetothe and on behalf of the State, to the capital stock of the Cape Fear
tw^ntyfiveCk' Navigation Company, the sum of twentyfive thousand dollars, to
thousand dol- be paid in instalments not exceeding ten thousand dollars in any
lars' one year, out of the fund heretofore set apart and pledged for

internal improvement ; which subscription shall be made on the
Conditions on following conditions : First, before the subscription shall be made,
scription fsSto " the stockholders of the company shall, at a general meeting to be
be made. called for that purpose, within three months from the passing of

CAPE FEAR NAVIGATION COMPANY.

273

this act, give their assent to a reduction of the capital stock by
them generally and respectively held in said company, from its
nominal value of one hundred dollars for each share, to a sum to
be fixed by them not exceeding fifty dollars for each and every
share of the said capital stock ; and the assent of a majority in in-
terest of the said stockholders shall be binding and obligatory, to thesiSiold-
all intents and purposes, on all the stockholders of the said com- ers,i.n interest

, . L , r , • c • j to bind the

pany in making the reduction aforesaid. company.

Secondly. The stock which the State now owns in the said The stock held
company, shall be reduced in the same proportion of the stocky th? State to

m u** reduced m

owned by individuals. The property and effects now belonging the same man-
to the company shall constitute a part of its capital stock, and the ner as, [na?

i • ■ i i i • i i n • r l -i owned by m-

subscnption hereby authorized shah constitute a part ol the capital dividuals.
stock of the said company ; and the State shalPhave and own in the
said company, as many shares as the subscription hereby author-
ized shall amount to, according to the capital stock reduced as
aforesaid.

Thirdly. The President and Directors of the Cape Fear Nav- The company
igation Company shall consent, in writing, that the Board of Inter- 1° consent that
nal Improvement shall have the sole and exclusive direction of the internal im-
operation of the works, the making of contracts for the same, and ph"0nehnentsti
all the improvements to be made on the river. The improvements direction of the
in the navigation shall commence at Wilmington, and regularly works-
proceed up the river, as far as the capital stock of the said compa-
ny shall admit.

2. Be it enacted, That this act shall be in force from and after
its ratification.

AN ACT AMENDING THE SEVERAL ACTS OF ASSEMBLY, INCORPO-
RATING THE ROANOKE AND CAPE FEAR NAVIGATION COMPANIES;
AND PRESCRIBING THE MODE OF ENFORCING THE COLLECTION
OF TOLLS.

(Passed at the session of 1832.)

Whereas the power of seizing and selling any boat or vessel Preamble,
which may refuse to pay tolls when demanded, has been secured
by acts of the General Assembly, to the Roanoke Navigation
Company and to the Cape Fear Navigation Company ; and where-
as doubts have arisen as to the constitutionality of said grant or
power, because said acts have not expressly reserved to the owner
or master of said boat or vessel, so seized as aforesaid, the right
of replevying the same ; and whereas the right of replevying any
boat or vessel so seized as aforesaid is a right at common law, and
is not necessary to be secured by statute, yet to remove all doubts
and to prescribe the mode of exercising said right to replevy,

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That hereafter on the seizure of any boat or vessel by any col- Boats or ves-
lector of tolls of either of the said Navigation Companies for the sels seized by
collection of tolls, the owner or master of said vessel so seized as fo/toll may
aforesaid, or the agent of said owner, shall be permitted to replevy fae replevied, by

vol. ii. 35

274 CAPE FEAR NAVIGATION COMPANY.

the owner giv- said boat or vessel so seized as aforesaid, by giving bond with two
his appearance g°°d securities, in a sum not less than twice the amount of the toll
at court, there claimed as aforesaid, payable to either of said companies in whose
judgment of behalf the same has been demanded as aforesaid, conditioned for
the same. the appearance of said master or owner at the next term of the
court of pleas and quarter sessions or of the superior court of the
county in which such seizure has been made as aforesaid, at the
discretion of the collector making such seizure ; and further con-
ditioned that the person giving said bond shall stand to, abide by,
and perform such judgment or decree as may be rendered in favor
of the company in whose behalf such seizure has been made ; and
the court at which such master or owner is bound to appear as
aforesaid, shall make up at the appearance term an issue, to try if
any thing is due to said company for tolls as aforesaid by said mas-
ter or owner and what amount is so due, and that the said issue
shall stand for trial at the second term of the court to which said
bond may be returned as aforesaid, and said court shall render
judgment for the amount which may be due as aforesaid and for
costs of suit ; and on judgment being rendered in favor of the
obligee in said bond, judgment shall also be rendered against the
securities on said bond on motion, under the same rules, regula-
tions and restrictions as on appeal bonds for appeals from the
Collectors to county to the superior courts ; and that any collector of tolls of

nave the a.u- J ■*■ ^

thority of a said companies in making said seizures as aforesaid shall be author-
sheriff in ex- jze(j ancj empowered to summon persons to assist them, and shall

ecuting a writ. . f . r . '

have in making such seizure all the power and authority ol a snentt
in executing a writ of judicial attachment.
Masters or 2. Be it further enacted, That the master or owner of every

seisto*' render a boat or vessel plying in the river Cape Fear, between the ports of
true list of all Wilmington and Fayetteville, shall at the commencement and
board liable to completion of every trip or voyage render to the collector of tolls
toll, under the 0f the Cape Fear Navigation Company a true and correct list of
Eundred°dol- all articles on board such boat or vessel liable to toll as aforesaid,
lars. both at the port of departure and of destination, if required by the

said collector of tolls, which list shall be rendered on oath, which
oath any justice of the peace of the counties of New Hanover,
Bladen and Cumberland, is authorized to administer ; and the said
master or owner omitting to furnish such list for fortyeight hours
after the same may be required as aforesaid, shall forfeit the sum
of five hundred dollars, to be sued for by action of debt in the su-
perior court of the county in which such requisition may have been
made, in the name and to the use of any person suing for the same ;
and the said collector of tolls shall have power and authority to
enter at all times on board any such boat or vessel either lading
or laded as aforesaid, to ascertain what articles may be on board
liable to toll as aforesaid.
Persons resist- 3 j$e it further enacted, That any person resisting the seizure
tof in the per- of any boat or vessel by any collector of tolls as aforesaid, or
f°rmanc??fhls shall resist the entry on board of any boat or vessel to ascertain
to indictment, what articles are on board liable to toll as aforesaid, shall for each
and every act of resistance be subject to indictment in the superior

PETERSBURG RAIL ROAD.

27d

court of the county where such offence may he committed, and
on conviction, such offender may be fined and imprisoned at the
discretion of the court in which such conviction may take place ;
and in case any collector shall in such seizure transcend the pow~
ers vested in him by law, he or they shall be subject to indictment
in like manner as persons making resistance.

RAIL, ROADS.

PETERSBURG RAIL ROAD.

AN ACT TO ENACT, WITH SUNDRY ALTERATIONS AND ADDITIONS,
AN ACT, ENTITLED " AN ACT TO INCORPORATE THE PETERSBURG
RAIL ROAD COMPANY," PASSED BY THE LEGISLATURE OF VIR-
GINIA ON THE TENTH DAY OF FEBRUARY, ONE THOUSAND
EIGHT HUNDRED AND THIRTY.

(Passed at the session of 1830.)

Whereas it is represented that the General Assembly of the
Commonwealth of Virginia hath passed an act, entitled "An act to
incorporate the Petersburg Rail Road Company," in the words
following, to wit :

"1. Beit enacted by the General Assembly, That it shall be
lawful to open books in the town of Petersburg, and at such other
place or places as a majority of the commissioners hereinafter
named shall think fit, under the direction of Robert Boiling, John
B. Wilcox, William C. Boswell, Joseph Bragg, Donald M'Ken-
zie, Littleberry E. Stainback, Samuel Mordecai, Hartwell P.
Heath, William H. M'Farland and James S. Brander, or any five
of them, for the purpose of receiving subscriptions to the amount
of four hundred thousand dollars in shares of one hundred dollars
each, to constitute a joint capital stock for the purpose of making
a rail road from some point within the corporation of Petersburg
to some convenient point on the North Carolina line, to be selected
by the company hereby incorporated : the time and place of re-
ceiving subscriptions as aforesaid shall be advertised in one or more
of the newspapers published in the town of Petersburg : and the
books for receiving the same shall not be closed in less than ten
days ; and if it shall appear that more than four thousand shares of
the capital stock aforesaid shall have been subscribed for within the
said ten days, it shall be the duty of the said commissioners, or
any five of them, to reduce the number of shares subscribed for
among the subscribers, in fair and equal proportions, to the amount
of stock subscribed for respectively by each, until the whole
amount of shares shall be reduced to four thousand ; but if the

276

PETERSBURG RAIL ROAD.

whole number of shares shall not be subscribed for within ten days
from the time the books shall be opened to receive subscriptions,
then the books may be closed or continued open as a majority of
the above named commissioners may judge to be most beneficial,
until the whole number of shares shall be subscribed for.

2. When two thousand shares shall be subscribed in manner
aforesaid, the subscribers, their executors, administrators or assigns
shall be, and they are hereby declared to be incorporated into a
company, by the name and style of the " Petersburg Rail Road
Company," and in that name may sue and be sued, plead and be
impleaded, and shall possess and enjoy all the rights, privileges
and immunities of a corporation or body politic in law, and may
make all such bylaws, rules and regulations, not inconsistent with
the constitution and laws of this State, or of the United States,
as shall be necessary for well ordering and conducting the affairs
of the company.

3. Upon any subscription of stock as aforesaid, there shall be
paid at the time of subscribing, to the said commissioners, their
deputies or agents appointed to receive such subscriptions, the sum
of five dollars on every share subscribed, and the residue thereof
shall be paid in such instalments, and at such times, as it may be
required by the president and directors of said company. The
said commissioners and deputy commissioners shall forthwith after
the election of president and directors of the company pay over
to the said president and directors all moneys received by them ;
and in failure thereof, the said president and directors may recover
the amount due from them, or from any one or more of them, by
motion, on ten days previous notice, in the superior or inferior
court of any county or corporation wherein such commissioner or
commissioners, their executors or administrators, may reside. The
clerk shall endorse upon the execution which shall issue upon such
judgment, that no security shall be taken, and the sheriff or other
officer shall govern himself accordingly.

4. When two thousand shares or more of the stock shall have
been subscribed, public notice of that event shall be given by any
three or more of the said commissioners, who shall have power at
the same time to call a general meeting of the subscribers, at such
convenient place and time as they shall name in the said notice.
To constitute any such meeting, a number of persons, entitled to
a majority of all the votes which could be given upon all the shares
subscribed, shall be present, either in person or by proxy, and if
a sufficient number to constitute a meeting do not attend on that
day, those who do attend shall have power to adjourn from time
to time until a meeting shall be formed.

5. The subscribers, at their general meeting before directed, and
the proprietors of the stock, at every annual meeting thereafter,
shall elect a president and five directors, who shall continue in
office, unless sooner removed, until the next annual meeting after
their election, and until their successors shall be elected ; but the
said president, or any of the directors, may at any time be removed,
and the vacancy thereby occasioned be filled by a majority of the

PETERSBURG RAIL ROAD.

votes given at any general meeting. The president, with any
three or more of the directors, who shall appoint one of their own
body president pro tempore, shall constitute a board for the trans-
action of business. In case of vacancy in the office of president,
or any director, happening from death, resignation, removal or
disability, such vacancy may be supplied by appointment of the
board, or by the proprietors in general meeting.

6. The president and directors of the said company shall be,
and they are hereby invested with all the rights and powers neces-
sary for the construction, repair and maintaining of a rail road to
be located as aforesaid, with as many sets of tracks as they or a
majority of them may deem necessary ; and may cause to be made,
and also to make and construct all works whatsoever which may
be necessary and expedient, in order to the proper completion of
the said rail road.

7. The said president and directors of the said company shall
have power to make contracts with any person or persons on be-
half of the company, for making the said rail road, and performing
all other works respecting the same, which they shall judge neces-
sary and proper ; to require from the subscribers from time to
time such advances of money on their respective shares as the
wants of the company may demand, until the whole of their sub-
scriptions shall be advanced ; to call on any emergency a general
meeting of the subscribers, giving one month's notice thereof in
one of the newspapers printed in the town of Petersburg ; to ap-
point a treasurer, clerk, and such other officers, and transact all
the business of the company during the intervals between the gen-
eral meetings of the same.

S. If any stockholder shall fail to pay the sum required of him by
the president and directors, or a majority of them, within one
month after the same shall have been advertised in one of the
newspapers published in the town of Petersburg, it shall and may
be lawful for the president and directors, or a majority of them, to
sell at public auction, and to convey to the purchaser, the share or
shares of such stockholder so failing or refusing, giving one month's
previous notice of the time and place of sale, in manner aforesaid,
and after retaining the sum due and all charges of the sale out of
the proceeds thereof, to pay the surplus over to the former owner,
or to his legal representative ; and if the said sale shall not pro-
duce the sum required to be advanced, with the incidental charges
attending the sale, then the president and directors may recover
the balance of the original proprietor, or his assignee, or executor
or administrator, or either of them, by motion on ten days' notice,
before the court of that county of which he is an inhabitant, or by
warrant before a justice of such county ; and any purchaser of the
stock of the company, under the sale by the president and direc-
tors, shall be subject to the same rules and regulations as the orig-
inal proprietor.

9. The president and directors, their officers, servants and
agents, shall have full power and authority to enter upon all lands
and tenements, through which they may judge it necessary to make

277

278 PETERSBURG RAIL ROAD.

the said rail road, and to lay out the same according to their plea-
sure, so that neither the dwelling house, yard, garden or curtilage
of any person be invaded without his consent. If the president
and directors cannot agree with the owner of the land on the terms
upon which the said rail road shall be opened through it, it shall be
lawful for them to apply to the court of the county in which the
land lies ; and upon such application, it shall be the duty of the
court to appoint five discreet, intelligent, disinterested and impar-
tial freeholders, to assess the damages to such land, which will
result frOm opening the said rail road through it. No such ap-
pointment, however, shall be made unless ten days previous notice
of the application shall have been given to the owner of the land,
or to the guardian, if the owner be an infant, or to the committee,
if the owner be non compos mentis, if such owner, guardian or com-
mittee can be found within the county, or if he cannot be so found,
then such appointment shall not be made, unless notice of the ap-
plication shall have been published at least one month next pre-
ceding, in some newspaper published in- the town of Petersburg,
and shall have been posted at the door of the court house on the
first day at least of the next preceding term of the said court. A
day for the meeting of the freeholders to perform the duties assign-
ed them, shall be designated in the order appointing them ; and
any one or more of them attending on that day may adjourn from
time to time, until their business shall be finished. Of the five
freeholders so appointed, any three or more of them may act, after
having been sworn, or solemnly affirmed, before some justice of
the peace, that they will impartially and justly, to the best of their
ability, ascertain the damages which will be sustained by the pro-
prietor of the land, from opening the said rail road through the same;
and that they will truly certify their proceedings thereupon to the
court of the said county.

10. It shall be the duty of the said freeholders, in pursuance
of the order appointing them, to assemble on the land through
which the said rail road is to be opened, and after viewing the
same, and hearing such proper evidence as either party may offer,
to ascertain, according to their best judgment, the damages which
the owner of the land will sustain, by opening the rail road through
the same. In performing this duty, they shall consider the pro-
prietor of the land as being the owner of the whole fee simple in-
terest : they shall take into consideration the quantity and quality
of the land which the rail road will occupy ; the additional fencing
or gates which will be required thereby, and all other inconve-
niences which will result to the said land from the opening the said
rail road ; and shall combine therewith a just regard to the advan-
tages which the owner of the land will derive from opening of the
rail road through the same.

11. When the said freeholders shall have agreed upon the
amount of damages, they shall forthwith make a written report of
their proceedings, under their hands and seals, in substance as fol-
loweth : ' We , freeholders, appointed by

an order of the county court of

PETERSBURG RAIL ROAD. 279

for the purpose of ascertaining the damages which would
be sustained by , the proprietor of certain

lands in the said county, through which the Petersburg Rail Road
Company propose to open a rail road, do hereby certify, that we
met together on the land aforesaid, on the day of , the

day appointed for that purpose by the said order, (or the day to
which we were regularly adjourned from the day appointed for our
meeting by the said order, as the case may be,) and that, having
first duly sworn (or affirmed,) and having viewed the premises, we
proceeded to estimate the quantity and quality of the land afore-
said, which would be occupied by the said rail road, the quantity
of additional fencing or gates, which would probably be occasioned
thereby, and all other inconveniences which seemed to us likely to
result therefrom to the said land ; that we combined with these
considerations, as far as we could, a just regard to the advantages
which would be derived by the proprietor of the said land, from
the opening of the aforesaid rail road through the same ; that under
the influence of these considerations, we have estimated, and do
hereby assess the damages aforesaid at the sum of
Given under our hands and seals, ^the day of .' At

the foot of the report so made, the magistrate before whom the
said freeholders were sworn or affirmed, shall make a certificate in
substance as followeth : ' county to wit : I

, a justice of the peace for the said county, do hereby
certify, that the above named freeholders, before they executed
their duties as above certified, were solemnly sworn (or affirmed)
before me, that they would impartially and justly, to the best of
their ability, ascertain the damages which would be sustained by
the above named , from the opening of the above

mentioned rail road through his land, and that they would certify
truly their proceedings thereupon to the court of said county.
Given under my hand, this day .' The

report of the freeholders so made, together with the certificate of
the magistrate aforesaid, shall be forthwith returned by the said
freeholders to the court of the said county ; and unless good cause
be shown against the report, it shall be affirmed by the court, and
entered of record ; but if the said report should be disaffirmed, or
the said freeholders, being unable to agree, should report their
disagreement, or if from any other cause, they should fail to make
a report within a reasonable time after their appointment, the court
may, at its discretion, as often as may be necessary, supersede
them, or any of them, appoint others in their stead, and direct
another view and report to be made, in the manner above pre-
scribed. On the affirmance of any such report, and on the pay-
ment or tender of payment of said damages into court, when, for
good causes shewn, the court shall so have ordered it, the presi-
dent and directors shall be at liberty to open the said rail road
upon the ground viewed and assessed by the freeholders as afore-
said.

12. Whenever it shall become necessary to subject the lands
of individuals to the use of the said company, in opening and con-

280 PETERSBURG RAIL ROAD.

structing the said rail road through the same, and the consent of
the proprietor or proprietors cannot be obtained, it shall be lawful
for the president and directors of the said company, and for their
superintendents, agents, contractors, laborers and servants, to en-
ter upon such lands, and proceed in opening and constructing the
said rail road through the same. The pendency of any proceed-
ings in court, or before assessors or valuers, to ascertain the dam-
ages that will be sustained by the proprietor or proprietors of such
land, from opening and constructing the said rail road through the
same, shall in no manner hinder or delay the progress of said work.
And no order shall be made, nor shall any injunction be awarded
by any judge or court, to stay or delay the progress of the said
work : the true intent and meaning of this act being, that all injury
that may be done to any land, without the consent of the proprie-
tor or proprietors thereof, by opening and constructing the said
road through the same, over and above the advantages of the said
road to the proprietor or proprietors of such landj shall be fully
and completely compensated for, in damages, when ascertained.
For such damages, when ascertained by a confirmation of the re-
port of the assessors or valuers, by the respective county courts,
if they be not paid to the party or parties entitled to the same, nor
into the court, by the company, during the term at which the re-
port shall be confirmed, the clerk of the court shall, at any time
after the adjournment of the court, on application of the parties
entitled to the said damages, or his or their attorney, issue any ex-
ecution for the amount of the said damages, against the said com-
pany, which may be legally issued against the corporation on a
judgment for money ; and the clerk shall endorse on such execu-
tion that no security of any kind is to be taken.

13. If the president and directors of the said company shall
not obtain the consent of the proprietor or proprietors of any land
through which they propose to open and construct the said rail
road, and shall not apply to the said county court, and procure as-
sessors or valuers to be appointed, to ascertain the damages which
will result to the proprietor or proprietors of any land from open-
ing and constructing the said rail road through the same, within
forty days from the time the said president and directors, their su-
perintendents, agents, contractors, laborers or servants shall com-
mence opening and constructing the said rail road through such
land, then it shall be lawful for the proprietor or proprietors of
such land, at any time previous to an application for the appoint-
ment of valuers being made by the said rail road company, giving
the said company ten days' previous notice, by serving the same
on the president, or any one or more of the directors of said com-
pany, to apply to the said county court ; and upon such applica-
tion, it shall be the duty of the said county court to appoint five
discreet, intelligent, disinterested, and impartial freeholders, to assess
the damages that will result to the proprietor or proprietors of such
land from opening and constructing the said rail road through the
same, who shall be qualified in the same manner, and shall, upon
the same principles, and in the same manner in all respects, pro-

PETERSBURG RAIL ROAD.

ceed to assess and report to the court the damages that will result
to the proprietor or proprietors of such land, by opening and con-
structing the said rail road through the same, as if they had been
appointed on the motion of the said company ; and the said court
shall proceed upon the said report, and confirm or set the same
aside and appoint other assessors or valuers, in all respects as if
the same had been made by assessors or valuers appointed on the
motion of the said company ; and if the said company shall not
pay to the proprietor or proprietors of such land, nor into the said
court, the damages assessed, during the term of the said court at
which the report thereof shall be confirmed, at any time after the
adjournment of court, on the like application, the clerk shall issue
the like execution for the amount of damages, against the said
company, with the like endorsement thereon.

14. The said president and directors, for the purpose of
making said rail road, or of repairing the same after it shall have
been made, shall also be at liberty, by themselves, their officers,
agents or servants, at any time to enter upon any adjacent lands,
and to cut, quarry, dig, take and carry away therefrom, any wood,
stone, gravel, or earth, which they may deem necessary : Pro-
vided however, that they shall not, without the consent of the own-
er, cut down any fruit tree or trees preserved in any lot or field
for shade or ornament, or take any timber, gravel, stone or
earth, constituting any part of any fence or building. For all wood,
stone, gravel, or earth, taken under authority of this act, and for
all incidental injuries done to the enclosures, crops, woods or
grounds, in taking or carrying the same away, the said president
and directors shall make to the owner a fair and reasonable com-
pensation, to be ascertained, if the parties cannot agree, by any
three impartial, intelligent and disinterested freeholders, who be-
ing appointed for that purpose by any justice of the peace, there-
to required by the owner, shall be sworn or affirmed by the jus-
tice and shall then ascertain the compensation upon their own
view, for the wood, stone, gravel, or earth taken, and for the in-
jury done as aforesaid in taking them.

15. Whenever, in the construction of the said rail road, it
shall be necessary to cross or intersect any established road or
way, it shall be the duty of the president and directors of the said
company so to construct the said rail road across any road or way
already or hereafter to be established by law, as not to impede the
passage or transportation of persons or property along the latter ;
and when it shall be necessary to pass through the land of any in-
dividual, it shall also be their duty to provide for such individual
proper wagon ways across the said rail road, from one part of his
land to another.

16. The said president and directors, or a majority of them,
shall have power to purchase, with the funds of the said company,
and place on the rail road constructed by them under this act, all
machines, wagons, vehicles, carriages and teams of any descrip-
tion whatsoever, which they may deem necessary or proper for
the purposes of transportation.

vol, ii. 36

281

282

PETERSBURG RAIL ROAD.

17. And all machines, wagons, vehicles and carriages, pur-
chased as aforesaid with the funds of the company, and all their
works constructed under the authority of this act, and all profits
which shall accrue from the same, shall be vested in the respec-
tive shareholders of the company forever, in proportion to their
respective shares, and the same shall be deemed personal estate,
and shall be exempt from any public charge or tax whatsoever.

18. So soon as a section of ten miles of the said road shall
be completed, and as often thereafter as any other section of the
like length shall be completed, the said president and directors
shall transport all produce or other commodities that shall be de-
posited convenient to the said rail road ; and which they shall be
required to transport to any point to which the said rail road may
have been completed, in the order in which the company shall be
required to transport the same, after it shall have been deposited
convenient to the said rail road, so that equal and impartial justice
shall be done to all the owners of produce or other commodities,
in the transportation thereof by the company : Provided, the own-
er of the produce or other commodities required to be transported
by the said company on the said rail road, shall pay or tender to
the said company, at their toll gate or gates, the toll due upon
such produce or other commodities under this act : And it shall
be lawful for the president and directors of the said company, and
they are hereby authorized, to erect on such section or sections a
toll gate or gates ; and they shall be entitled to demand and re-
ceive a sum not exceeding twelve and a half cents per ton per
mile for transporting produce or other commodities thereon ; and
when the said rail road shall be completed, a sum not exceeding
eight dollars per ton as compensation or toll for transporting pro-
duce or other commodities the whole length of the said rail road,
until the net profits received shall amount to a sum equal to the
capital stock 'expended, with six per centum per annum interest
thereon from the time the money was advanced by the stockhold-
ers until received back in the net profits. But when the net pro-
fits received as aforesaid from the tolls aforesaid shall have amount-
ed to a sum equal to the capital stock expended as aforesaid, with
six per centum per annum interest thereon as aforesaid, then the
tolls which the said president and directors shall be entitled to de-
mand and receive for the transportation of produce or other com-
modities on the said rail road shall be fixed and regulated from
time to time, by the president and directors of the Board of Pub-
lic Works, so as to make them sufficient, in their estimation, to
yield a net profit equal to six per centum per annum on the capital
stock expended in making and completing the said rail road, over
and above what may be necessary for the repairs and renewal of the
same. The president and directors of the said company shall, at
the end of each year, report to the Board of Public Works a state-
ment, shewing the whole amount of capital stock expended in the
construction of the sa'd rail road, the amount of tolls received
during each year, the expenses and charges incurred during each
year, and the net annual profit or loss on the capital expended.

PETERSBURG RAIL ROAD.

19. It shall be lawful for the said company to erect scales at
their toll gate or gates, to weigh the burthen of any wagon, car-
riage, machine or other vehicle, and in transporting produce or
other commodities along the said rail road.

20. An annual meeting of the subscribers to the stock of the
said company, shall be held at such time in each year, as the stock-
holders, at their first general meeting, may appoint; to constitute
which,, or any general meeting called by the president and direc-
tors, according to the provisions of this act, the presence of pro-
prietors entitled to a majority of all the votes which could be given
by all the stockholders, shall be necessary, either in person, or by
proxy properly authorized; and if a sufficient number do not attend
on that day, or any day appointed for a general meeting, called by
the directors as aforesaid, the proprietors who do attend may ad-
journ from time to time, until a general meeting shall be had.

21. In counting all votes of the said company, each member
shall be allowed one vote for each share as far as ten shares, and
one vote for every five shares above ten, by him held at the time,,
in the stock of the said company.

22. The president and directors shall render distinct accounts,
of their proceedings, and disbursements of money, to the annual,
meeting of the subscribers.

23. So soon as the said rail road shall be completed, the pres-
ident and directors of the said company, or a majority of them,,
shall semiannually declare and make such dividend of the net
profits from the tolls herein granted, as they may deem advisable,,
to be divided among the proprietors of the stock of the said com-
pany, in proportion to their respective shares.

24. After the said rail road shall be completed and put into
operation, if the said president and directors shall, by reason of
the said rail road being out of repair, or from any other cause, fail
or neglect to transport any produce or other commodities, which
shall be deposited convenient to the said rail road, and which the said
president and directors shall be required to transport as aforesaid,
the toll for the transportation being tendered, as a penalty for such
failure or neglect, the company shall be liable to the action of the
party injured by such failure or neglect.

25. And if any toll gatherer, at any toll gate to bo erected by
authority of this act, shall ask, demand or receive any other or
greater tolls than are herein allowed, he shall forfeit and pay to the
party aggrieved thereby, two dollars for every such offence, recov-
erable with costs by warrant before any justice of the peace; and
if such toll gatherer, being, at the time of incurring such penalty,
in the service of the company, shall be unable to pay the judgment
thereupon recovered against him, the said company shall be liable
to pay the same.

26. If the said president and directors shall not begin the said
work within two years after the passage of this act, or shall not
complete the same within ten years thereafter, then the interest of
the said company in the rail road, and the tolls aforesaid, shall be
forfeited and cease.

283

284

PETERSBURG RAIL ROAD.

27. The president and directors shall cause to be written or
printed certificates for the shares of the stock in the said company,
and shall deliver one such certificate, signed by the president and
countersigned by the treasurer, to each person for every share sub-
scribed by him ; which certificate shall be transferable by him, sub-
ject however to all payments due or to become due thereon ; and
such assignee, having first caused the transfer or assignment to be
entered in a book of the company to be kept for that purpose, shall
thenceforth become a member of said company, and shall be liable
to pay all sums due or which shall become due upon the stock as-
signed to him : Provided, however, That such assignment shall in
nowise exempt the assignor, or his representatives, from their lia-
bility to the said company, for the payment of all such sums, if the
assignee, or his representatives, shall be unable, or shall fail to pay
the same.

28. The powers given by this act to the president and direc-
tors of the Board of Public Works, may be at any time transfered
by the legislature to any other corporate or natural body ; and all
the returns hereby directed to be made to the said Board of Pub-
lic Works may be hereafter in like manner directed to be made to
any other body.

29. If the said president and directors, or a majority of them
cannot agree with the proprietors for the purchase and sale of any
such quantity of ground not exceeding one acre at any one place,
as may be necessary for the accommodation of a toll house or a
house to cover any stationary machine, or engine, or for stables
which may be erected on the said rail road, it shall and may be
lawful to and for the said president and directors to apply for and
obtain from the court of the county in which the said land shall lie,
a writ of ad quod damnum, upon which such proceedings and con-
demnation shall and may be had, as are prescribed for the condem-
nation of an acre of land for the abutment of a mill dam, in the act,
entitled ' An act to reduce into one the several acts concerning
mills, mill dams and other obstructions to water courses,' passed
the second day of March, one thousand eight hundred and nineteen,
so far as the provisions of that act may be applicable to this case.
And upon payment of the value found by the jury, upon any such
writ, to the owner or proprietor of the ground so condemned and
located by the jury, or upon the payment thereof into court, when
for good cause shewn, the court shall have ordered it, the said
president and directors and their successors, shall be and stand
seized of the ground so condemned and located, in fee simple.

30. Be it further enacted, That it shall be lawful for the said
company to purchase lands from the proprietors at the point of
commencement of the said rail road, or in its vicinity, not exceed-
ing ten acres, to be used by them for all necessary purposes of
said road, or to be disposed of when by them it shall be deemed
proper.

31. If any person or persons shall wilfully, by any means
whatsoever, injure, impair or destroy any part of any rail road
constructed under this act, or any of their necessary works,

PETERSBURG RAIL ROAD. 285

buildings, machines, wagons, vehicles or carriages, such person
or persons, shall be punished according to the laws which may be
in force in this Commonwealth at the time for the protection of
the public works or property of the Commonwealth.

32. All acts and parts of acts, coming within the purview and
meaning of this act, shall be, and the same are hereby repealed.

33. This act shall be in force from its passage."

And whereas further it is proposed by the Petersburg Rail
Road Company to continue the rail road through that part of the
territory of North Carolina, lying between the Virginia line and
the Roanoke river ; and whereas the assent of the legislature of
this State is requested to the above recited act, to enable the said
company to construct said rail road as aforesaid :

Be it therefore enacted by the General Assembly of the State
of North Carolina, and it is hereby enacted by the authority of
the same, That the assent of this legislature in and to the act to
incorporate the Petersburg Rail Road Company, as contained in
the before recited act of the General Assembly of Virginia, is
hereby as fully and completely given, as if the said act had been
passed by this present General Assembly, with the exceptions,
modifications and additions hereinafter provided.

2. Be it further enacted, That the assent of this legislature shall
not be given to the ninth, tenth, eleventh, twelfth, thirteenth and
fourteenth sections of the before recited act of the General As-
sembly of Virginia.

3. And be it further enacted, That if the president and direc-
tors cannot agree with the owners of land in this State, through
which it may be necessary to make the said rail road, as to the
terms upon which the said rail road shall be opened through the
same, then it shall and may be lawful for the said president and
directors to file their petition in the court of pleas and quarter ses-
sions of the county wherein the land lies, under the same rules and
regulations as are now prescribed by law in laying off public roads ;
and upon the filing of said petition, the same proceedings shall be
had as in cases of public roads. And when the jury shall have
laid off said road, and assessed the damages to be paid to the
owners of the land through which the same shall be laid off, then
it shall be lawful for the said president and directors, upon paying
to the owner or owners of said land, his, her or their guardian, as
the case may be, or into the office of the clerk of the court of
pleas and quarter sessions of the county wherein the land lies, the
sum or sums so assessed, to proceed to enter upon the land laid
off, and construct their rail road thereon, to make all necessary
excavations and embankments, bridges and other structures
necessary for the construction and preservation of the level of the
said rail road, and to hold the said land to their own use and
benefit for the purpose of preserving and keeping up said rail road
during the continuance of the corporate existence by this act given
to them, and at any time to remove off from the same all fixtures
which they may deem it necessary from time to time to put
thereon, for the purpose of constructing or keeping up said rail

286 PETERSBURG RAIL ROAD.

road ; and in all things to have the same power and authority over
said land so laid off, during their existence as a corporation, under
the laws of this State, as though they owned the fee simple
therein : Provided, that nothing in this act contained shall be con-
strued to give power to the jury to lay off said road through the
yard, garden, curtilage or burial ground attached or appurtenant
to the dwelling house on any plantation through which it may be
deemed necessary to lay off said road, without the consent of the
owner thereof.

4. And be it further enacted, That whenever any wood, stone,
gravel or earth may be wanted for the construction or repairing of
the said rail road, and the president and directors cannot agree with
the owners of adjacent lands in this State as to the terms on which
they can procure the same, then it shall and may be lawful for the
said president and directors, by themselves, their officers, agents
or servants, to enter upon any adjacent lands not in a state of cul-
tivation, and take therefrom all wood, stone, gravel or earth, so
needed as aforesaid : Provided, that they shall not, without the
consent of the owner, cut down any fruit trees, or trees preserved
in any lot or field for shade or ornament, or take any timber,
gravel, stone or earth, constituting any part of a fence or building ;
and when any stone, gravel, earth or wood shall be so taken as in
this section is provided, it shall and may be lawful for the owner
to file his, her or their petition in the court of pleas and quarter
sessions of the county wherein the land lies, from which said earth,
stone, gravel or wood shall have been taken, first giving ten days
notice to the said president and directors, their officer or agent, of
the filing of such petition, praying to have a jury summoned to go
upon the land, and assess the damages he, she or they may have
sustained thereby ; upon which it shall be the duty of the court to
order a jury as in laying off public roads ; which jury shall go upon
the land, and, after being duly sworn to do equal justice to all par-
ties in assessing the said damages, shall consider what damage the
owner of said land shall have sustained, and after assessing the
same, shall return their proceedings to the said court ; and if the
court shall approve thereof, the damages so assessed, together with
all costs, shall be paid by the said president and directors. But if
the said court shall not approve thereof, they shall order another
jury to be summoned, and proceed in like manner to assess said
damages, and return their proceedings to said court ; and upon
approval thereof by said court, said damages and costs shall be
paid by said president and directors ; and if said president and
directors shall not pay the damages so assessed and all costs, execu-
tion may issue therefor against them as against other corporations :
Provided always, that either party not satisfied with the sentence
or decree of the county court, may appeal therefrom to the supe-
rior court of law for said county.

5. Be it further enacted, That the rail road contemplated to be
made by the said company within the State of North Carolina,
shall terminate on the north side of the Roanoke river, where it
first strikes the bank of said river at a point not above the town of

PETERSBURG RAIL ROAD. 287

Weldon, nor below the town of Halifax ; nor shall the said com-
pany, under any pretence whatever, extend the line of their road
beyond said point.

6. And be it further enacted, That it shall be lawful for said
company to purchase lands from the proprietors at the point of ter-
mination of said rail road, or in its vicinity, not exceeding ten acres,
to be used by them for all necessary purposes of said road, or to
be disposed of when by them it shall be deemed proper.

7. And be it further enacted, That if any person shall wilfully
injure, impair or destroy, or cause to be injured, impaired or de-
stroyed, any part of the said rail road, or any necessary works,
buildings, carriages, vehicles or machines of said company in this
State, such person or persons so offending shall forfeit and pay the
sum of five hundred dollars, to the use of said company, to be
recovered by said company by action of debt in the superior court
of law or court of pleas and quarter sessions of the county wherein
the offence shall have been committed ; and shall moreover be
subject to indictment in either of said courts, and upon conviction
shall be punished by fine or imprisonment at the discretion of the
court.

8. And be it further enacted, That this act, and every part and
provision thereof shall be subject to be altered, amended or modi-
fied by any future legislature, as to them shall seem necessary and
proper, except so much thereof as prescribes the rate of compen-
sation, or tolls for transportation of produce or other commodities
allowed to the said company : And provided also, that the rights
of property acquired by the said company under this act, shall not
be taken away or impaired by any future act of the legislature.

9. Be it further enacted, That the president and directors of
said company, after that part of the rail road within this State is
completed, may erect a gate or gates at such place or places as
they think proper, and may demand and receive the same rate of
toll for transporting any produce or other commodity as they are
entitled to demand by the above recited act, under the same rules
and regulations ; and it shall be the duty of the said president and
directors to render to this legislature annually a fair account of the
expense incurred in constructing and keeping in repair that part of
the rail road within this State, and the amount of tolls received on
the same ; and whenever the net amount of tolls so received shall
equal the sum expended in constructing that part of the road, to-
gether with six per centum per annum on that sum from the time
it was so expended, then it shall be in the power of this legislature
so to regulate the rate of toll, that the net amount annually collected
shall not exceed six per centum per annum on the sum originally
expended.

10. And be it further enacted, That this act shall be in force
from and after the passage thereof ; and that the corporation shall
exercise the corporate powers herein granted for sixty years, and
no longer without a renewal of the charter.

288

PETERSBURG RAIL ROAD.

AN ACT, SUPPLEMENTARY TO AN ACT PASSED IN THE YEAR ONE
THOUSAND EIGHT HUNDRED AND THIRTY, ENTITLED "AN ACT
TO ENACT WITH SUNDRY ALTERATIONS AND ADDITIONS AN
ACT ENTITLED AN ACT TO INCORPORATE THE PETERSBURG RAIL
ROAD COMPANY PASSED BY THE LEGISLATURE OP VIRGINIA, ON
THE TENTH DAY OF FEBRUARY, ONE THOUS VND EIGHT HUN-
DRED AND THIRTY."

(Passed at the session of 1832.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the president and directors of the Petersburg Rail Road
Company be, and they are hereby authorized, at those points on
the line of their rail road between the Roanoke river in this State
and the Virginia state line, where they may deem it important for
the better accommodation of the trade and business of their said
rail road, to purchase from the proprietors' land, not exceeding
five acres at any one point, to be used by them for the establish-
ment of depots and warehouses, and for other necessary purposes
of said road, or to be disposed of when by them it shall be deemed
proper.

2. Be it further enacted by the authority aforesaid, That the
said president and directors be, and they are hereby authorized to
charge for storage of produce, merchandise and other articles, at
any warehouse which they may deem it advisable to construct,
rates not exceeding the customary warehouse rates in the seaport
towns of this State.

3. Be it further enacted by the authority aforesaid, That if any
person or persons shall wilfully and with evil intent, place or cause
to be placed on the aforesaid line of the said rail road any obstruc-
tion or impediment, so as to jeopardize the safety and endanger the
lives of persons travelling on said road, he, she or they shall be
deemed guilty of an indictable misdemeanor, and upon conviction
thereof, in either the county or superior court of the county in
which such offence may have been committed, shall be punished
by fine and imprisonment, or either, at the discretion of the court.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO ENACT, WITH
SUNDRY ALTERATIONS AND ADDITIONS, AN ACT ENTITLED, AN
ACT- TO INCORPORATE THE PETERSBURG RAIL ROAD COMPANY,
PASSED BY THE LEGISLATURE OF VIRGINIA ON THE TENTH DAY
OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND THIRTY.

(Passed at the session of 1833.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the Petersburg Rail Road Company be, and they are hereby
authorized to construct a lateral rail road, from the point at which
their present line of rail road may be crossed by the Portsmouth

PETERSBURG RAIL ROAD.

and Roanoke rail road, or from such point in the neighborhood of
the same, as they may deem most advisable, to the basin at Wel-
don ; any thing in the act to which this is an amendment to the
contrary notwithstanding.

2. Jind be it further enacted, That for the purpose of provid-
ing for the passage of said lateral rail road across the Roanoke
river, should it be deemed advisable to construct said road to
Weldon, the said Petersburg Rail Road Company be, and they
are hereby authorized to subscribe such additional amount, not ex-
ceeding thirty thousand dollars, to the stock of the Weldon
Toll Bridge Company, as may be requisite for increasing the
width of the bridge, sufficiently to allow for the passage of said
lateral rail road : Provided however, that if when the requisite
amount of stock for the construction of said bridge, as authorized
by acts of this General Assembly heretofore passed, shall have
been subscribed for, and the requisite amount for widening said
bridge as aforesaid shall have been ascertained by two competent
persons, one to be appointed by each company herein mentioned,
the said Petersburg Rail Road Company do not at once subscribe
for said additional amount of stock, according to the rules and
regulations specified in the act incorporating the Weldon Toll
Bridge Company, the privilege herein given of subscribing for
said additional amount of stock shall cease ; and nothing herein
contained shall be so construed as to prevent said bridge company
from proceeding to construct said bridge in the same manner as if
this act had never been passed.

3. Be it further enacted, That the same rights, privileges and
immunities are hereby granted to the said Petersburg Rail Road
Company, in the construction of said lateral rail road, as have been
granted by the act to which this is an amendment ; and the said
company shall be subject to the same pains, penalties and obliga-
tions as are imposed by the said act, except that whenever it shall
become necessary to subject the lands of individuals to the use of
the said company, in opening and constructing the said lateral rail
road through the same, and the consent of the proprietor or pro-
prietors cannot be obtained, it shall be lawful for the president and
directors of the said company, and for their superintendents, agents
and contractors, laborers and servants, to enter upon such lands
and proceed in opening and constructing the said rail road through
the same ; the pendency of any proceedings in court or before a
jury, to ascertain the damages that will be sustained by the pro-
prietor or proprietors of such land from opening and constructing
the said rail road through the same, shall in no manner hinder or
delay the progress of said work ; the true intent and meaning of
this act being that all injury which may be done to any land, with-
out the consent of the proprietor or proprietors thereof, by open-
ing and constructing the said road, to the proprietor or proprie-
tors of said land, shall be fully and completely compensated for
in damages when ascertained ; for such damages when ascertained
by a confirmation of the report of the jury by the respective courts
of pleas and quarter sessions, if they be not paid to the party or

vol. ii. 37

289

290

GREENSVILLE AND ROANOKE RAIL ROAD.

parties entitled to the same, or into the court by the company
during the term at which the report shall be confirmed, execution
may issue therefor as against other corporations : Provided always,
that either party not satisfied with the sentence or decree of the
county court, may appeal therefrom to the superior court of law
for said county.

4. This act shall be in force from and after its passage.

GREENSVILLE AND ROANOKE RAIL ROAD.

AN ACT TO INCORPORATE THE GREENSVILLE AND ROANOKE RAIL
ROAD COMPANY.

(Passed at the session of 1833.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful to open books in the town of Warrenton, in
the county of Warren, under the direction of James Somerville,
Daniel Turner, Henry Fitts and William Eaton, senior, or any
three of them ; at Milton, in the county of Caswell, under the di-
rection of Samuel Watkins, John T. Garland, Stephen Dodson,
Geo. Johnson and John Ragland ; at Leaksville, in the county of
Rockingham, under the direction of Edward T. Broadnax, James
Barrett ; at Wilkins' Ferry, in the county of Northampton, under
the direction of Jesse A. Faulcon, Wood J. Hamlin, John T.
Weaver, James Vincent and William W. Wilkins, or any three of
them ; and at such places, and under the direction of such persons
as any three of the commissioners herein before named to superin-
tend the receiving of subscriptions at Wilkins' Ferry shall direct,
for the purpose of receiving subscriptions to an amount not ex-
ceeding one hundred and fifty thousand dollars, in shares of one
hundred dollars each, to constitute a joint capital stock, for the
purpose of effecting a communication by rail road from some point
on the Petersburg rail road to the south of Hicks' Ford, in Greens-
ville county, Virginia, to some point on Roanoke river at or near
Wilkins' Ferry, in the county of Northampton, North Carolina.
That the said books shall be opened at each place at such time as
the commissioners or deputy commissioners shall respectively ap-
point, between the first day of January and first day of July next,
and shall be kept open at each place at least sixty days ; and if it
shall appear that more than the whole amount authorized by this act
shall be subscribed, then it shall be the duty of the commissioners,
or a majority of them, appointed to receive subscriptions at Wilkins'
Ferry, to reduce the number of shares subscribed for, among the
subscribers, in fair and equal proportions to the amount of stock
subscribed for respectively by each, until the whole amount of
shares shall be reduced to one thousand five hundred shares ; but

GREENSVILLE AND ROANOKE RAIL ROAD. 291

if the whole number of shares shall not be subscribed for within
one year from the time books shall be opened to receive the sub-
scriptions, then the books may be closed or continued open as a
majority of the commissioners named to receive subscriptions at
Wilkins' Ferry may judge most beneficial, until the whole number
of shares shall be subscribed for ; and the time and place of re-
ceiving subscriptions a* aforesaid, shall be advertised in one or
more of the newspapers published in the city of Raleigh.

When five hundred shares shall be subscribed in manner afore-
said, the subscribers, their executors, administrators or assigns, shall
be, and they are hereby declared to be incorporated into a compa-
ny, by the name and style of " the Greensville and Roanoke Rail
Road Company ;" and by that name may sue and be sued, plead
and be impleaded ; and shall possess and enjoy all the rights, priv-
ileges and immunities of a corporation or a body politic in law ;
and make all such bylaws, rules and regulations not inconsistent
with the laws or constitution of this State or of the United States.,
as shall be necessary for the well ordering and conducting the affairs
of the company.

Upon any subscription of stock as aforesaid, there shall be paid,
at the time of subscribing, to the person or persons appointed by
this act, or by virtue of this act, to take subscriptions, the sum of
one dollar on every share subscribed ; and the residue thereof
shall be paid in such instalments and at such times as may be re-
quired by the president and directors of said company. The said
commissioners and deputy commissioners shall forthwith, after the
election of a president and directors of the company, pay over to
the said president and directors all moneys received by them ;.
and on failure thereof, the said president and directors may recover
the amount due from them or from any one or more of them, by
motion, on ten days' previous notice, in the superior courts, or in
the courts of pleas and quarter sessions, or before a justice of the
peace of the county in which such commissioner, his executors or
administrators may reside.

2. Be it further enacted, That when five hundred shares or
more of the stock shall have been subscribed, public notice of that
event shall be given by any three or more of the said commission-
ers appointed to receive subscriptions at Wilkins' ferry, who shall
have power at the same time to call a general meeting of the sub-
scribers, at such convenient time and place as they shall name in
said notice. To constitute any such meeting, a number of per-
sons holding a majority of all the shares subscribed shall be present,
either in person or by proxy ; and if a sufficient number to con-
stitute a meeting do not attend on that day, those who do attend
shall have power to adjourn from time to time until a meeting shall
be formed.

3. Be it further enacted, That the subscribers, at their general
meeting before directed, and the proprietors of the stock, at every
annual meeting thereafter, shall elect a president and five directors,
who shall continue in office, unless sooner removed, until the next
annual meeting after their election, and until their successors shall

292

GREENSVILLE AND ROANOKE RAIL ROAD.

be elected ; but the said president or any of the directors may at
any time be removed, and the vacancy thereby occasioned be
filled, by a majority of the votes given at any general meeting.
The president, with any three or more of the directors, or in the
absence of the president, any three of the directors, who shall ap-
point one of their own body president pro tempore, shall consti-
tute a board for the transaction of business. In case of vacancy in
the office of president or any director, happening from death, re-
signation, removal or disability, such vacancy may be supplied by
appointment of the board or by the proprietors in general meeting.

4. Be it further enacted, That the president and directors of
the said company shall be, and they are hereby invested with all
the rights and powers necessary for the construction, repair and
maintaining of a rail road, to be located as aforesaid, and to begin
at or near Wilkins' Ferry, and be prosecuted in such direction to
some point on the Virginia state line in a direction to the Peters-
burg rail road, in Greensville county, in the State of Virginia, as
the stockholders shall direct; and may cause to be made and con-
structed all works whatsoever which may be necessary and expe-
dient in order to the completion of the said rail road, in conjunction
with any other company which may be formed by a portion of the
citizens of Virginia, for the purpose of connecting the same with
said Petersburg rail road ; and which company so formed shall
constitute a joint stock company under the aforesaid name of the
Greensville and Roanoke Rail Road Company.

5. Be it further enacted, That the president and directors shall
have power to make contracts with any person or persons on be-
half of the company, for making the said rail road, and performing
all other works respecting the same which they shall judge neces^
sary and proper ; to call, on any emergency, a general meeting of
the proprietors of the stock, giving one month's notice thereof in
some newspaper published at the seat of government ; to appoint
& treasurer, clerk and such other officers, and transact all the busi-
ness of the company during the intervals between the general meet-
ings of the same.

6. Be it further enacted, That if any stockholder shall fail to
pay the sum required of him by the president and directors, or a
majority of them, within one month after the same shall have been
advertised in some newspaper published at the seat of government,
it shall and may be lawful for the president and directors, or a ma-
jority of them, to sell at public auction, and to convey to the
purchaser, the share or shares of such stockholders so failing or
refusing, giving one month's previous notice of the time and place
of sale in manner aforesaid ; and after retaining the sum due and all
charges of the sale out of the proceeds thereof, to pay the surplus
over to the former owner or his legal representative ; and if the
sale shall not produce the sum required to be advanced, with the
incidental charges attending the same, then the president and direc-
tors may recover the balance of the original proprietor or his as-
signee, or executor or administrator, or either of them, by motion
on ten days' notice before the court of pleas and quarter sessions

GREENSVILLE AND ROANOKE RAIL ROAD. 293

of the county of which he is an inhabitant, or by warrant before a
justice of the peace of such county ; and any purchaser of the
stock of the company, under the sale by the president and direc-
tors, shall be subject to the same rules and regulations as the origi-
nal proprietor.

7. Be it further enacted, That if the president and directors
cannot agree with the owners of land through which it may be ne-
cessary to make the said rail road, as to the terms upon which the
said rail road shall be opened through the same, then it shall be
lawful for the said president and directors to file their petition in
the court of pleas and quarter sessions of the county wherein the
land lies, under the same rules and regulations as are now pre-
scribed by law in laying off* public roads ; and upon the filing of
said petition, the same proceedings shall be had as in cases of pub-
lic roads ; and where the jury shall have assessed the damages to
be paid to the owners of land through which the same shall be laid
off, then it shall be lawful for the said president and directors,
upon paying to the owner or owners of said land, his, her or their
guardian, as the case may be, or into the office of the clerk of the
court of pleas and quarter sessions of the county wherein the land
lies, the sum or sums so assessed, to enter upon the land laid off,
and construct their rail road thereon, to make all necessary exca-
vations and embankments, and all other structures necessary to the
construction and preservation of said road, and to hold the said
land to their own use and benefit during their corporate existence ;
and in all things to have the same power and authority over said land
so laid off, during their existence as a corporation, as though they
owned the fee simple therein : Provided, that nothing in this act
contained shall be so construed as to give power to said company to
lay off said road through the yard, garden or burial ground attached
or appurtenant to the dwelling house or any plantation through
which it may be deemed necessary to lay off said road, without the
consent of the owner thereof.

8. Be it further enacted, That whenever any wood, gravel,
stone or earth may be wanted for the construction or repairing of
said road, and the president and directors cannot agree with the
owners of the lands adjacent, as to the terms on which they can
procure the same, then it shall be lawful for the president and di-
rectors, by themselves, or officers, or agents, to enter upon any
adjacent lands not in a state of cultivation, and take therefrom all
wood, stone, gravel or earth so needed as aforesaid : Provided, that
they shall not, without the consent of the owner, cut down any
fruit trees, or trees preserved in any lot or field for shade or orna-
ment, or take any timber, gravel or stone, constituting any part of
a fence or building ; and where any gravel, stone, wood or earth
shall be so taken as is provided for in this act, it shall and may be
lawful for the owner to file his petition in the court of pleas and
quarter sessions of the county wherein the land lies, from which
said earth, stone, gravel or wTood may have been taken, first giving
ten days' notice to said president and directors, their officer or
agent, of the filing of such petition, praying to have a jury sum-

294 GREENSVILLE AND ROANOKE RAIL ROAD.

moned to go upon the land and assess the damages he, she or they
may have sustained thereby ; upon which it shall be the duty of
the court to order a jury as in laying off public roads ; which jury
shall go upon the land, and, after having been duly sworn to do
equal justice to all parties in assessing the said damages, shall con-
sider what damages the owners of said land shall have sustained ;
and, after assessing the same, shall return their proceedings to the
said court ; and if the court shall approve thereof, the damages so
assessed, together with all costs, shall be paid by the president and
directors ; but if the said court shall not approve thereof, they shall
order another jury to be summoned, who shall proceed in like man-
ner to assess said damages, and return their proceedings to said
court ; and, upon approval thereof by said court, said damages and
costs shall be paid by said president and directors ; and if said
president and directors shall not pay the damages so assessed and
all costs, execution may issue against them therefor as against other
corporations : Provided always, that either party not satisfied with
the sentence or decree of the county court may appeal therefrom
to the superior court of law for said county.

9. And be it further enacted, That it shall be lawful for said
company to purchase lands from the proprietors at any point on
said road, not exceeding ten acres in any one tract, to be used by
them for all necessary purposes of said road, or to be disposed
of by them when it shall be deemed proper.

10. And be it further enacted, That whenever, in the construc-
tion of said rail road, it shall be necessary to cross or intersect any
established road or way, it shall be the duty of the said president
and directors of said company so to construct the said rail road
across such established road or way, as not to impede the passage
or transportation of persons or property along the same ; or where
it shall be necessary to pass through the land of any individual, it
shall also be their duty to provide for such individual proper wagon
ways across said road or roads from one part of his land to the
other.

11. Be it further enacted, That the said president and direc-
tors, or a majority of them, shall have power to purchase with the
funds of said company, and place on the said rail road, constructed
by them under this act, all machines, wagons, vehicles, carriages
and teams of any description whatsoever, which they may deem
necessary and proper for the purposes of transportation.

12. And be it further enacted, That all machines, wagons,
vehicles, carriages and all other personal property purchased by
said company, or works constructed under the authority of this
act, and all profits that shall accrue from the same, shall be vested
in the respective shareholders of the company forever, in propor-
tion to their respective shares ; and the said shares shall be deemed
personal estate.

13. And be it further enacted, That so soon as ten miles of
said road shall be completed, and as often thereafter as any other
section of like length shall be completed, the said president and
directors shall transport all produce or other commodities that

GREENSVILLE AND ROANOKE RAIL ROAD.

shall be deposited convenient to said rail road, which they shall be
required to transport, to any point to which the said rail road may
have been completed, in the order in which the company shall be
required to transport the same, after it shall have been deposited
convenient to said road, so that equal and impartial justice shall be
done to all the owners of produce or other commodities in the
transportation thereof by the company, provided the owner of pro-
duce or other commodities required to be transported by said com-
pany on said rail road shall pay or tender to said company, at their
toll gate or gates, the toll due upon such produce or commodities
under this act ; and it shall be lawful for the president and direc-
tors of the said company, and they are hereby authorized to erect
on such section or sections a toll gate or gates ; and they shall be
entitled to demand and receive a sum not exceeding the following
rates, viz. on goods, produce, merchandise or property transported,
not exceeding four cents a ton per mile for toll, and eight cents a
ton per mile for transportation ; and for the transportation of pas-
sengers, not exceeding six cents per mile for each passenger, until
the net profits received shall amount to a sum equal to the capital
stock expended, with six per centum per annum interest thereon
from the time the money was advanced by the stockholders until
received back in the net profits ; but when the net profits received
as aforesaid from the tolls aforesaid shall have amounted to a sum
equal to the capital stock expended as aforesaid, with six per cent-
um per annum interest thereon as aforesaid, then the tolls which
the said president and directors shall be entitled to demand and
receive for the transportation of produce or other commodities on
the said rail road, shall be fixed and regulated from time to time
by the governor or such other person or persons as may be ap-
pointed by the legislature for that purpose, so as to make them
sufficient, in his or their estimation, to yield a net profit equal to
ten per centum per annum on the capital stock expended in mak-
ing and completing the said rail road, over and above what may be
necessary for the repairs and the renewal of the same. The pres-
ident and directors of the said company shall, at or shortly before
each session of the legislature, report to the governor, or such
other person or persons as the legislature may hereafter appoint for
that purpose, shewing the whole amount of capital stock expended
in the construction of said road, the amount of tolls received dur-
ing each year, the expense and charges during each year, and the
net annual profit or loss on the capital expended. And it shall not
be lawful for any other company or person or persons whatever to
travel upon or use the road of said company, or to transport per-
sons or property of any description along said road, without the
license or permission of the president and directors of said com-
pany. And nothing herein contained shall be construed to prevent
the said company from making a contract for the transportation of
the mail upon such terms as may be agreed on between said com-
pany and the agents of the United States.

14. And be it further enacted, That it shall be lawful for the
company hereby created to receive donations and borrow money

295

296 GREENSVILLE AND ROANOKE RAIL ROAD.

for the objects of this act, and to pledge the property of the com-
pany for the payment of such loans, and to make and issue all
proper evidences of such loans and assurances for repayment
thereof.

15. And be it further enacted, That it shall and may be lawful
for the company hereby created to construct all such bridges as it
may be necessary for them to erect for the purposes of their rail
road, so as to afford general accommodation to all travellers ; and to
demand and receive from all persons passing over and using such
bridges, a reasonable toll, which shall in no case exceed the high-
est rate of toll now allowed by law on any bridge of the State :
Provided, however, that no toll shall be demanded for using said
bridge on account of either property or persons passing along the
rail road and paying tolls therefor. And if it shall be necessary
for the company, in the selection of the route or construction of
the road, by them to be laid out and constructed, to construct the
same with, or to use any turnpike road or bridge, made or erected
by any company incorporated or authorized by any law of this
State, it shall be lawful for the president and directors of the com-
pany hereby created to contract with such corporations or persons
for the right to use such road or bridge, or for the transfer of any
of the rights and privileges of such corporations.

16. And be it further enacted, That it shall be lawful for said
company to erect scales at their toll gate or gates to weigh the bur-
then of any wagon, carriage, machine, or other vehicle used in
transporting produce or other commodities along said rail road.

17. And be it further enacted, That an annual meeting of the
proprietors of the stock of said company shall be held at such
time, and at such place, in each and every year, as the stockholders
at their first general meeting, or at any subsequent general meet-
ing, may appoint ; to constitute which, or any general meeting
called by the president and directors according to the provisions of
this act, the presence of proprietors holding a majority of all the
shares shall be necessary, either in person or by proxy properly
authorized ; and if a sufficient number do not attend on that day or
any day appointed for a general meeting, called by the directors as
aforesaid, the proprietors who do attend may adjourn from time to
time until a general meeting shall be had.

18. And be it further enacted, That in counting all votes of the
said company, each member shall be allowed one vote for each
share, as far as ten shares, and one vote for every five shares
above ten, by him held at the time in the stock of said company.

19. And be it further enacted, That the president and direc-
tors shall render distinct accounts of their proceedings and dis-
bursements of money to the annual meeting of the subscribers.

20. And be it further enacted, That so soon as the said rail
road shall be completed so far as the company may deem it expe-
dient to extend the same, the president and directors of the said
company, or a majority of them, shall semiannually declare and
make such dividend from the net profits from the tolls herein grant-
ed as they may deem advisable, to be divided among the proprie-

GREENSVILLE AND ROANOKE RAIL ROAD.

tors of the stock of said company in proportion to their respective
shares.

21. And be it further enacted, That after said rail road shall be
completed and put into operation, if the said president and directors
shall, by reason of the said rail road being out of repair, or from
any other cause, fail or neglect to transport any produce or other
commodities, which shall be deposited convenient to said rail road,
and which the said president and directors shall be required to
transport as aforesaid, the toll for the transportation being tendered,
as a penalty for such failure or neglect, the company shall be liable
to the party injured by such failure or neglect.

22. And be it further enacted, That if any toll gatherer at any
toll gate to be erected by the authority of this act shall ask, de-
mand or receive any other or greater tolls than are hereby allowed,
he shall forfeit and pay to the party aggrieved thereby twenty dol-
lars for every such offence, recoverable with costs by warrant be-
fore any justice of the peace ; and if such toll gatherer, being at
the time of incurring such penalty in the service of the company,
shall be unable to pay the judgment recovered against him, the
said company shall be liable to pay the same.

23. Be it further enacted, That if the said president and direc-
tors shall not begin the said work within two years after the pas-
sage of this act, or shall not complete within five years thereafter,
then the interest of the said company in the said rail road and the
tolls aforesaid shall be forfeited and cease.

24. Be it further enacted, That the president and directors shall
cause to be written or printed certificates for the shares of the
stock in the said company, and shall deliver one such certificate,
signed by the president and countersigned by the treasurer, to
each person for every share subscribed by him ; which certificate
shall be transferable by him, subject, however, to all payments
due thereon, and such assignee having first caused the transfer or
assignment to be entered into a book to be kept by the company
for that purpose, shall thenceforth become a member of said com-
pany, and shall be liable to pay all sums due, or which shall be-
come due upon the stock assigned to him : Provided, however,
that such assignment shall in no wise exempt the assignor or his
representatives from their liability to the said company, for the
payment of all such sums, if the assignee or his representatives
shall be unable or shall fail to pay the same.

25. Be it further enacted, That if the said president and direc-
tors, or a majority of them, cannot agree with the proprietors for
the purchase and sale of any such quantity of ground, not exceed-
ing one acre at any one place, as may be necessary for a toll house
or a house to cover any stationary engine, or for any other neces-
sary purpose, it shall and may be lawful for the president and di-
rectors to file a petition in the court of pleas and quarter sessions
of the county in which the land lies against the proprietors of the
land, setting forth the circumstances ; and upon its being made to
appear to the satisfaction of such court that the said president and
directors have caused the proprietor of such land to be notified

vol. ii. 38

297

298

GREENSVILLE AND ROANOKE RAIL ROAD.

ten days before court, the said court shall order the sheriff to sum-
mon a jury of good and lawful men, who, after having taken an
oath (which oath the sheriff or his deputy is hereby authorized to
administer) that they will assess the damages which such proprie-
tor will sustain by reason of the condemnation of such land, shall
assess the amount the petitioners ought to pay to such proprietor ;
and the said jury in assessing such damages shall take into the es-
timate the benefit resulting to the said proprietor from conducting
such rail road through or near the lands of said owner or proprie-
tor, but only in extinguishment of damages ; and upon payment of
the value found by the jury upon any such proceeding to the pro-
prietor of the ground so condemned by the jury, or upon the pay-
ment thereof into court when for good cause shown the court shall
have ordered it, the said president and directors and their succes-
sors shall be and stand seized of the ground so condemned in fee
simple. If any person or persons shall wilfully by any means
whatever injure, impair, or destroy any part of the rail road con-
structed by authority of this act, or any of the necessary works,
buildings, machines, wagons, vehicles or carriages, such person or
persons shall be punished according to the laws which may be in
force in this State at the time for the protection of the public works
•or property of the State.

26. And be it further enacted, That the corporation shall ex-
ercise \he corporate powers hereby granted for ninety years, and
no longer, without a renewal of the charter.

27. And be it further enacted, That full right and privilege is
reserved to the State, or to any company hereafter to be incorpor-
ated under the authority of this State/to connect, with the road
hereby provided for, any other rail road leading from the main
route to any part or parts of this State : Provided, that in forming
such connexion no injury shall be done to the works of the com-
pany hereby incorporated.

23. And be it further enacted, That such compensation shall
be made from time to time, to any of the officers, servants or
agents of the company, as the proprietors in general meeting shall
prescribe, or may authorize the president and directors to allow.

29. And be it further enacted, That it shall be lawful for the
Roanoke Navigation Company to demand and receive, on all arti-
cles which may be transported down Roanoke river to Wilkins'
ferry for the purpose of being transported on said rail road, the
same amount of toll as may be required and received on similar
articles delivered at the town of Weldon, provided the said amount
of toll do not exceed the amount of toll which said company are
authorized by law to receive at the town of Weldon, on articles
brought down Roanoke river.

RALEIGH AND GASTON RAIL ROAD, 299

RALEIGH AND GASTON RAIL ROAD.

AN ACT TO INCORPORATE THE RALEIGH AND GASTON RAIL ROAD

COMPANY.

(Passed at the session of 1835.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful to open books in the city of Raleigh, under
the direction of George W. Mordecai, William Boylan, Thomas
P. Devereux, Duncan Cameron, William H. Haywood, Jr.,
Charles Manly, Samuel F. Patterson, Alfred Jones, Beverly
Daniel, and Charles L. Hinton, or any three of them ; at Louis-
burg, under the direction of William H. Battle, Samuel Johnson,
William P. Williams, Henry G. Williams, and Williamson Gate-
wood, or any three of them ; at Nashville, under the direction of
Benjamin Blount, Henry Blount, Samuel Blount, Willis Boddie,
and James Battle, or any three of them ; and at Warrenton,
under the direction of Thomas White, Benjamin Cook, Henry
Fitts, Jacob Faulcon, William K. Kearney, and Joseph W.
Hawkins, or any three of them ; and at Oxford, under the direc-
tion of Rhodes N. Herndon, Thomas B. Littlejohn, Benjamin
Kittrell, James Cooper, and Thomas Lewis, or any three of
them : and at Gaston, under the direction of William W. Wilkins,
John T. Weaver, James Vincent, David Clements, and John B.
Putney, or any three of them ; and at such other places, and under
the direction of such other persons, as any three of the commis-
sioners herein before named, to superintend the receiving of sub-
scriptions at Raleigh, shall direct ; for the purpose of receiving
subscriptions to an amount not exceeding eight hundred thousand
dollars, in shares of one hundred dollars each, for the purpose of
effecting a communication by a rail road from some point in or
near the city of Raleigh, to the termination of the Greensville and
Roanoke Rail Road, at or near Gaston, heretofore called Wil-
kins' ferry, and for providing every thing necessary and conve-
nient for the purpose of transportation on the same.

2. The times and places for receiving subscriptions shall be
advertised in one or more newspapers published in the city of
Raleigh, and towns of Warrenton, and Oxford ; and the books for
receiving the same, shall not be closed in less than ten days ; and
if it shall appear that more than eight thousand shares of the capi-
tal stock aforesaid, shall have been subscribed for within the said
ten days, it shall be the duty of the said commissioners at Raleigh,
or any five of them, to reduce the number of shares subscribed
for among the subscribers, in fair and equal proportions to the
amount of stock subscribed for respectively by each, until the
whole amount of shares shall be reduced to eight thousand ; but if
the whole amount shall not be subscribed for within ten days from
the time the books shall be opened to receive subscriptionsT then

300

RALEIGH AND GASTON RAIL ROAD.

the books may be closed or continued open, or closed and re-
opened, without farther notice, as a majority of the above named
commissioners at Raleigh may judge to be most expedient, until
the whole number of shares shall be subscribed for. "

3. When three thousand shares shall be subscribed for in man-
ner aforesaid, the subscribers, their executors, administrators or
assigns, shall be, and they are hereby declared to be incorporated
into a company by the name and style of the Raleigh and Gaston
Rail Road Company, and by that name shall be capable in law of
purchasing, holding, selling, leasing and conveying, estates real,
persona], and mixed, so far as shall be necessary for the purpose
hereinafter mentioned, and no farther ; and shall have perpetual
succession, and by said corporate name may sue and be sued, and
may have and use a common seal, which they shall have power to
alter or renew at their pleasure, and shall have and enjoy, and may
exercise all the powers, rights and privileges, which other corpo-
rate bodies may lawfully do, for the purposes mentioned in this
act ; and may make all such bylaws, rules and regulations, not
inconsistent with the laws of this State, or of the United States, as
shall be necessary for well ordering and conducting the affairs of
the company.

4. Upon any subscription of stock as aforesaid, there shall be
paid at the time of subscribing, to the said commissioners or their
agents appointed to receive such subscriptions, the sum of two
dollars on every share subscribed, and the residue thereof shall be
paid in such instalments, and at such times, as may be required by
the president and directors of said company. The said commis-
sioners or their agents shall forthwith, after the first election of
president and directors of the company, pay over to the said pres-
ident and directors, all moneys received by them ; and on failure
thereof, the said president and directors may recover the amount
due from them, or from any one or more of them, by motion on
ten days previous notice in the court of pleas and quarter sessions,
or the superior court, of law, of any county wherein such commis-
sioner or commissioners, their executors or administrators may
reside, or by warrant before a justice of said county.

5. When three thousand shares or more of the stock shall have
been subscribed, public notice of that event shall be given by three
or more of the said commissioners at Raleigh, who shall have
power at the same time, to call a general meeting of the subscribers
at such convenient place and time, as they shall name in said no-
tice. To constitute any such meeting, a number of persons,
entitled to a majority of all the votes which could be given upon
all shares subscribed, shall be present, either in person or by
proxy ; and if a sufficient number to constitute a meeting do not
attend on that day, those who do attend shall have power to ad
journ, from time to time, until a meeting shall be formed.

6. The subscribers, at their general meeting before directed,
and the proprietors of stock, at every annual meeting thereafter,
shall elect a president and five directors, who shall continue in
office, unless sooner removed, until the next annual meeting after

RALEIGH AND GASTON RAIL ROAD. 301

their election, and until their successors shall be elected ; but the
president or any of the directors may at any time be removed, and
the vacancy thereby occasioned be filled, by a majority of the
votes given at any general meeting. The president, with any two
or more of the directors, or in the event of the sickness, absence,
or disability of the president, any three or more of the directors,
who shall appoint one of their own body president, pro tempore,
shall constitute a board for the transaction of business. In case
of vacancy in the office of president, or any director, happening
from death, resignation, removal, or disability, such vacancy may
be supplied by appointment of the board until the next annual
meeting.

7. The president and directors of the said company shall be,
and they are hereby invested with all the rights and powers neces-
sary for the construction, repair, and maintaining of a rail road, to
be located as aforesaid, with as many sets of tracks, as they or a
majority of them may deem necessary, and may cause to be made,
and also to make and continue all works whatever, which may be
necessary and expedient, in order to the proper completion of the
said rail road.

8. The said president and directors shall have power to make
contracts with any person or persons, on behalf of the company
for making the said rail road, and performing all other works re-
specting the same, which they shall judge necessary and proper,
and to require from the subscribers, from time to time, such ad-
vances of money on their respective shares as the wants of the
company may demand, until the whole of their subscriptions shall
be advanced : to call, on any emergency, a general meeting of the
subscribers, giving one month's notice thereof in one of the news-
papers printed in the city of Raleigh. To appoint a treasurer,
clerk, and such other officers as they may require, and to transact
all the business of the company during the intervals between the
general meetings of the stockholders.

9. If any stockholder shall fail to pay the sum required of him
by the president and directors, or a majority of them, within
one month after the same shall have been advertised in one of the
newspapers published in the city of Raleigh, it shall and may be
lawful for the president and directors, or a majority of them, to
sell at public auction, and to convey to the purchaser, the share or
shares of such stockholder so failing or refusing, giving one month's
previous notice of the time and place of sale in manner aforesaid :
and after retaining the sum due and all charges of the sale out of
the proceeds thereof, to pay the surplus over to the former owner,
or to his legal representative ; and if the said sale shall not pro-
duce the sum required to be advanced, with the incidental charges
attending the sale, then the president and directors may recover
the balance of the original proprietor or his assignee, or the exe-
cutor or administrator of either of them, by suit in any court of
record having jurisdiction thereof, or by warrant before a justice
of the county, of which he is a resident ; and any purchaser of the
stock of the company, under the sale by the president and direc-

302 RALEIGH AND GASTON RAIL ROAD.

tors, shall be subject to the same rules and regulations as the orig-
inal proprietors.

10. Be it further enacted, That if the capital stock of the com-
pany hereby incorporated, shall be found insufficient for the pur-
pose of this act, it shall and may be lawful for the president and
directors of the said company, or a majority of them, from time to
time, to increase the said capital stock to an amount not ex-
ceeding one million of dollars, by the addition of as many shares
as they may deem necessary — first giving to the individual stock-
holders, for the time being, or their legal representatives, the option
of taking such additional shares in proportion to the amount of
stock respectively held by them — and opening books of subscrip-
tion in the city of Raleigh, and towns of Warrenton and Louis-
burg, and Oxford, and Nashville, as is herein prescribed for the
original stock of the company, for any balance of capital stock
created, which may not be taken by the stockholders for the time
being, or in their behalf; and the subscribers for such additional
shares of the capital stock in the said company, are hereby de-
clared to be thenceforward incorporated into the said company,
with all the privileges and advantages, and subject to all the liabili-
ties of the original stockholders.

11. Be it further enacted, That the president and directors, or
a majority of them, shall have power to borrow money for the ob-
jects of this act ; to issue certificates, or other evidence of such
loans, and to make the same convertible into stock of the com-
pany at the pleasure of the holder : Provided, that the capital
stock shall not thereby be increased to an amount exceeding one
million of dollars ; and to pledge the property of the company for
the payment of the same, and its interest : Provided, that no cer-
tificate of loan convertible into stock, or creating any lien or mort-
gage on the property of the company, shall be issued by the presi-
dent and directors, unless the expediency of making a loan on such
terms, and of issuing such certificates, shall have first been deter-
mined on at a general meeting of the stockholders, by two thirds
of the votes which could legally be given in favor of the same.

12. Be it further enacted, That the said president and directors,
their officers, agents and servants, shall have full power and author-
ity to enter upon all lands and tenements through which they may
desire to conduct their rail road, and to lay out the same accord-
ing to their pleasure, so that the dwelling house, kitchen, yard or
garden of no person be invaded without his consent ; aud they
shall have power to enter in and lay out such contiguous land as
they may desire to occupy as sites for depots, toll houses, ware-
house, engine sheds, work shops, water stations, and other build-
ings, for the necessary accommodation of their officers, agents and
servants, their horses, mules and other cattle, and for the protec-
tion of the property entrusted to their care : Provided, that the
land so laid out on the line of the rail road shall not exceed (ex-
cept at deep cuts and fillings) eighty feet in width — and that the
adjoining land for the sites of buildings (unless the president and
directors can agree with the owner or owners for the purchase of

RALEIGH AND GASTON RAIL ROAD. 303

the same,) shall not exceed one and a half acre in any one parcel.
If the president and directors cannot agree with the owner or own-
ers of the lands so entered on and laid out by them, as to the
terms of purchase, it shall be lawful for them to apply to the court
of pleas and quarter sessions of the county in which such land, or
the greater part thereof may lie ; and upon such application, the
court shall appoint five disinterested and impartial freeholders to
assess the damages to the owner from the condemnation of the land,
for the purpose aforesaid. No such appointment, however, shall be
made, unless ten days previous notice of the application shall have
been given to the owner of the land, or to the guardian, if the
owner be an infant, or to the committee, the owner being non
compos mentis, if such owner, guardian, or committee, can be
found within this country — or if he cannot be so found, then such
appointment shall not be made, unless notice of the application
shall have been published at least one month next preceding, in
some newspaper printed as convenient as may be to the court
house of the county, and shall have been posted at the door of
the court house on the first day at least of the next preceding term
of the said court. A day for the meeting of said freeholders to
perform the duty assigned them, shall be designated in the order
appointing them ; and any one or more of them attending on the
day, may adjourn from time to time until their business shall be
finished. Of the five freeholders so appointed, any three or more
of them may act, after having been duly sworn or solemnly affirm-
ed, before some justice of the peace, that they will impartially and
justly, to the best of their ability, ascertain the damages which will
be sustained by the proprietor of the land, from the consideration
thereof, for the use of the company, and that they will truly cer-
tify their proceedings thereupon, to the court of the said county.

13. It shall be the duty of the said freeholders, in pursuance of
the order appointing them, to assemble on the land proposed to be
condemned, and after viewing the same, and hearing such proper
evidence as the party may offer, they shall ascertain according to
their best judgment, the damages which the proprietor of the land
will sustain by the condemnation thereof, for the use of the com-
pany. In performing this duty, they shall consider the proprietor
of the land as being the owner of the whole fee simple interest
therein. They shall take into consideration the quality and quan-
tity of the land to be condemned ; the additional fencing that will
be required thereby; and all other inconveniences which will result
to the proprietor from the condemnation thereof.

14. When the said freeholders shall have agreed upon the
amount of damages, they shall forthwith make a written report of
their proceedings, under their hands and seals, in substance as fol-
lows : We, freeholders, appointed by an order of the court
of pleas and quarter sessions, for the purpose of ascertaining the
damages that will be sustained by the proprietor of certain
lands in the said county, which the president and directors of the
Raleigh and Gaston Rail Road Company propose to condemn, for
their use, do hereby certify that we met together, on the land afore-

304 RALEIGH AND GASTON RAIL ROAD.

said, on the day of , the day appointed therefor by the said
order, (or the day to which we were regularly adjourned from the
day appointed for our meeting, by the said order) and that having
been first duly sworn, and having visited the premises, we pro-
ceeded to estimate the quantity and quality of the land aforesaid,
the quantity of additional fencing which would probably be occa-
sioned by its condemnation, and all other inconveniences which
seemed to us likely to result therefrom, to the proprietor of said
land. That under the influence of these considerations, we have
estimated, and do hereby assess the damages aforesaid, at the sum
of . Given under our hands and seals this day of

At the foot of the report so made, the magistrate before whom the
said freeholders were sworn shall make a certificate in substance
as follows : — " county, set : I, , a justice of the

peace of said county, do hereby certify that the above named free-
holders, before they executed their duties as above certified, were
solemnly sworn (or affirmed) before me, that they would impar-
tially and justly, to the best of their ability, ascertain the damages
which would be sustained by the above named , by the

condemnation of the above mentioned land, for the use of the
Gaston and Raleigh Rail Road Company, and they would certify
truly their proceedings thereupon, to the court of said county.
Given under my hand this day of ."

15. The report of the freeholders so made, together with the
certificate of the justice of the peace, as aforesaid, shall be forth-
with returned by the said freeholders to the court of the county ;
and unless good cause be shown against the report, it shall be con-
firmed by the court and entered on record. But if the said report
should be disaffirmed, or if the said freeholders being unable to
agree, should report their disagreement, or if from any other
cause, they should fail to make a report within a reasonable time
after their appointment, the court may, in its discretion, as often as
may be necessary, supersede them — or any of them — appoint
others in their stead, and direct another view and report to be made
in the manner above prescribed.

16. On the confirmation of any such report, and on payment or
tender to the proprietor of the land, of the damages so assessed,
or the payment of said damages into court, when for good cause
shown the court shall so have ordered it, the land reviewed and
assessed as aforesaid, shall be vested in the Raleigh and Gaston
rail road company, and they shall be adjudged to hold the same in
fee simple, in the same manner as if the proprietor had sold and
conveyed it to them.

17. While these proceedings are depending for the purpose of
ascertaining the damages to the proprietor for the condemnation
of his land, and even before they shall have been instituted, the
president and directors, if they think that the interest of the com-
pany requires it, may, by themselves, their officers, agents and ser-
vants, enter upon the lands laid out by them as aforesaid, and
which they desire to condemn, and apply the same to the use of
the company. If when they so take possession, proceedings to

RALEIGH AND GASTON RAIL ROAD. 305

ascertain the damages as aforesaid, be pending, it shall be their
duty diligently to prosecute them to a conclusion. And when the
report of the freeholders ascertaining the damages shall be returned
and confirmed, the court shall render judgment in favor of the
proprietor of the land, for the amount thereof, and either compel
its payment into court, or award a process of execution therefor,
as to them shall seem right.

18. In the mean time, no order shall be made, and no injunc-
tion shall be awarded by any court or judge, to stay the proceed-
ings of the company in the prosecution of their work, unless it be
manifest that their officers, agents and servants, are transcending
the authority given them by this act ; and that the interposition of
their court is necessary to prevent injury, that cannot be adequate-
ly compensated for in damages.

19. If the president and directors shall take possession of any
land, before the same shall have been purchased by them, or con-
demned and paid for according to the provisions of this act, and
shall fail for forty days to institute proceedings for its condemna-
tion as aforesaid ; or shall not prosecute with due diligence, the
proceedings commenced for that purpose, it shall be lawful for the
proprietor of the land, upon giving to the said president and direc-
tors, or any one of them, ten days previous notice, to apply to the
court of the county in which the land or the greater part thereof
shall lie ; and upon such application, the court shall appoint five
disinterested and impartial freeholders to assess the damages to the
owner from the condemnation of his land for the use of the com-
pany, shall appoint a day for their meeting to report the duties
assigned them ; and shall dismiss, at the cost of the company, any
proceeding then depending on their behalf, for the condemnation
of said land. The freeholders so appointed, any three or more of
whom may act, shall proceed in the performance of their duties,
in all respects in the same manner as if they had been appointed on
the application of the president and directors of the company.
And the court shall, in like manner, confirm or disaffirm their
report ; supersede them, or any of them, and appoint others in their
stead ; or direct another view and report to be made, as often as
may be necessary. And when any such report, ascertaining the
damages, shall be confirmed, the court shall render judgment in
favor of the proprietor, for the damages so assessed, and double
costs ; and shall thereupon either compel the company to pay into
court the damages and costs so adjudged, or award a process of
execution therefor, as to them shall seem right.

20. When the judgment rendered for the damages assessed and
costs, shall be satisfied by the payment of the money into court,
or otherwise, the title of the land for which such damages are
assessed, shall be vested in the company in the same manner as if
the proprietor had sold and conveyed it to them.

21. The said president and directors, for the purpose of con-
structing their rail road aforesaid, and the works necessarily con-
nected therewith ; or of repairing the same after they shall have
been made ; or of enlarging or otherwise altering the same, shall

vol. ii. 39

B06 RALEIGH AND GASTON RAIL ROAD.

be at liberty, by themselves, their officers, agents or servants, at
any time to enter upon any adjacent lands, and to cut, quarry, dig,
take, and carry away therefrom, any wood, stone, gravel, or earth,
which they may deem necessary. Provided however, that they
shall not, without the consent of the owner, cut down any fruit
tree, or any tree preserved in any lot or field for shade or for orna-
ment ; nor take any timber, gravel, stone or earth, constituting
any part of any fence or building. For all wood, stone, gravel,
or earth taken under authority of this act ; and for all incidental
injuries done to the inclosures, crops, woods or grounds, in taking
or carrying the same away, the said president and directors shall
make to the owner a fair and reasonable compensation ; to be
ascertained, if the parties cannot agree, by any three impartial and
disinterested freeholders, who, being appointed for that purpose
by any justice of the peace thereto required by the owner, shall be
sworn by him, and shall then ascertain the compensation upon their
own view, of the wood, stone, gravel, or earth taken, and of the
injury done as aforesaid in taking them. Provided however, that
it shall be the duty of the owner or owners, to show to the justices
of the peace, to whom the application is made, that ten days pre-
vious notice of the time of making the same has been given to the
president, or one of the principal agents of the rail road company ;
and no award, which may be given under any appointment without
such notice, shall be obligatory or binding on said company.
Provided however, that either party, not satisfied with the award
which may be given as above, may appeal to the court of pleas
and quarter sessions of the county in which the land may be situ-
ated, who may, as in the case of assessment of land, confirm or
disaffirm the report of the freeholders, supersede them or any of
them and appoint others in their stead, or direct another view and
report to be made as often as may be necessary.

22. If the said president and directors, in entering upon the
land of any person under the authority of this act, for the purpose
of laying out or constructing, enlarging, altering, or repairing any
of their said works, shall, by themselves or their officers, do any
wanton or wilful injury to such land or its appurtenances ; or to
the crops growing or gathered ; or to any other property thereon,
the Raleigh and Gaston Rail Road Company shall pay to the per-
son so injured, double the amount of the damages, which shall be
assessed by a jury in any proper action therefor ; or if said injury
be done by any person or persons, who may have contracted with
the company for the construction of any portion of their rail road
or any of the works connected therewith, he or they shall be
responsible to the party injured in the like amount.

23. Whenever in the construction of said rail road it shall be-
come necessary to cross or intersect any established road or way,
it shall be the duty of the said president and directors, so to con-
struct the said rail road across such established roads or ways, as
not to impede the passage or transportation of persons or property
along the same, — or when it shall be necessary to pass through
the land of any individual, it shall also be their duty to provide for
such individual a proper wagon way across said rail road, from one

RALEIGH AND GASTON RAIL ROAD.

part of his land to the other. Provided however, that in order to
prevent the frequent crossing of established roads or ways, or in
cases in which it may be necessary to occupy the same, it may be
lawful for the said president and directors, to change the said
roads to points where they may deem it expedient to do so. And
that for entering upon, or taking any land which may be necessary
therefor, they shall be and are hereby authorized to proceed under
the provisions of this act, as in the case of land necessary for their
rail road. Provided further, that previous to the making of any
such change, the said company shall make and prepare a road
equally good with the portion of the road proposed to be substi-
tuted ; but nothing herein contained shall be so construed, as to
make it incumbent on the company to keep in repair the portion
of any road which they may have changed as aforesaid.

24. The said president and directors, or a majority of them,
shall have power to purchase, with the funds of the company, and
place on the rail road, constructed under this act, all machines,
wagons, vehicles, carriages and teams of any description whatso-
ever, which they deem necessary or proper for the purpose of
transportation. Or if they should deem it most expedient to do
so, they may contract with any other rail road company or com-
panies, or with any individual or individuals, for effecting the trans-
portation of the same.

25. All machines, wagons, vehicles and carriages purchased as
aforesaid, with the funds of the company, or engaged in the
business of transportation on said rail road, and all the works of the
said company constructed, or property acquired under the author-
ity of this act ; and all profits which shall accrue from the same,
shall be vested in the respective stockholders of the company for-
ever, in proportion to their respective shares ; and the same shall
be deemed personal estate, and shall be exempt from any public
charge or tax whatsoever for the term of fifteen years ; and there-
after, the legislature may impose a tax not exceeding twentyfive
cents per annum, per share, on each share of the capital stock,
whenever the annual profits thereof shall exceed six per cent.

26. Upon the rail road hereby authorized the company shall
have the exclusive right of transportation. When it is completed,
they shall at all times furnish and keep in good repair, the neces-
sary carriages, and other requisites for the safe and convenient
transportation of persons and property ; and it shall be their duty
at all times, upon the payment or tender of the tolls hereby allowed,
to transport to any depot on the road, which the owner of the
goods may indicate, and there to deliver all articles which shall be
delivered to them for transportation, or offered to them in proper
condition to be transported, at some depot on the road most con-
venient for the reception thereof.

27. They shall give no undue preference in transportation to
the property of one person over that of another : but as far as
practicable shall carry each in the order of time in which it shall
be delivered or offered for transportation, with the tolls paid or
tendered. If the company, or any of its officers or agents, shall

307

308

RALEIGH AND GASTON RAIL ROAD.

fail to receive, transport or deliver in due time, any property so
offered or delivered to them for transportation ; or shall fail to
take up or set down any passenger or passengers at such con-
venient point as he or they may desire, upon the payment or
tender of the passage money hereby allowed, they shall forfeit and
pay to the party so injured, double the amount of the lawful toll
paid or tendered ; and shall, moreover, be liable to an action on
the case, in which full damages and double costs shall be re-
covered.

28. So soon as any portion of rail road hereby authorized, may
be in readiness for transportation, it shall be lawful for the said
president and directors to transport by their officers or agents, or
by contractors under them, persons and property on the same ;
and they shall have power to charge for the transportation of per-
sons, goods, produce, merchandise, and other articles, and for the
transportation of the mail, any sum not exceeding the following
rates, viz : On persons, not exceeding six cents per mile for each
person, unless the distance which any person be transported, be
less than ten miles, — in which case, the president and directors
may be entitled to make an extra charge of fifty cents, for taking
up and putting down each person so transported ; for the trans-
portation of goods, produce, merchandise and other articles, not
exceeding an average of ten cents per ton per mile, and for the
transportation of the mail, such sums as they may agree for ; and
the said president and directors shall be furthermore entitled to
demand and receive for the weighing, storage, and delivering of
produce and other commodities at their depots and warehouses,
rates, not exceeding the ordinary warehouse rates charged for such
services.

29. Be it further enacted, That if the said president and direc-
tors shall deem it advisable to construct the bridges which may be
necessary on the line of their rail road, of sufficient width to admit
of the passage of common roads as well as their rail roads over the
same, they may be entitled to demand and receive from all per-
sons, and wagons, carriages, and all four and two wheeled vehicles,
and for all beasts of burden, sheep and hogs, passing the same,
the tolls which may be allowed by the court of pleas and quarter
sessions of the county in which said bridge may be.

30. As soon as ten miles of the rail road hereby authorized,
shall be completed, the president and directors shall annually or
semiannually declare and make such dividend as they may deem
proper, of the net profits arising from the resources of the said
company, after deducting the necessary current and probable con-
tingent expenses of the said company : and shall divide the same
among the proprietors of the stock of the said company in propor-
tion to their respective shares.

31. An annual meeting of the subscribers to the stock of the
said company, shall be held at such time and place in each year as
the stockholders at their first general or at any subsequent meeting
may appoint : to constitute which, or any general meeting called
by the president and directors, according to the provisions of this

RALEIGH AND GASTON RAIL ROAD.

act, the presence of proprietors entitled to a majority of all the
votes, which could be given by all the stockholders, shall be
necessary, either in person or by proxy properly authorized. And
if a sufficient number do not attend on that day, or any day ap-
pointed for a general meeting, called by the directors as aforesaid,
the proprietors who do attend may adjourn from time to time until
a general meeting shall be had.

32. In counting all votes of the said company, each member
shall be allowed one vote for each share not exceeding two shares,
one vote for every two shares above two and not exceeding ten
shares, and one vote for every five shares, above ten, by him held
at the time, in the stock of the company : Provided however, that
no stockholder, whether an individual, body politic or corporate,
shall be entitled to more than sixty votes on any amount of the
capital stock of said company held by him or them.

33. The president and directors shall render distinct accounts
of their proceedings, and disbursements of money, to the annual
meeting of the stockholders.

34. The works hereby required of the Raleigh and Gaston Rail
Road Company shall be executed with diligence, and if they be
not commenced within two years after the passage of this act, and
finished within ten years after the first general meeting of the
stockholders, then this charter shall be forfeited.

35. The president and directors shall cause to be written or
printed, certificates for the shares of the stock in said company, and
shall deliver one such certificate signed by the president and coun-
tersigned by the treasurer, to each person, for the number of
shares subscribed by him ; which certificate shall be transferable
by him — subject, however, to all payments due or to become due
thereon ; and such assignee having first caused the transfer or
assignment, to be entered in a book of the company, to be kept
for the purpose, shall thenceforth become a member of the said
company, and shall be liable to pay all sums due, or which shall
become due upon the stock assigned to him : Provided however,
that such assignment shall in no wise exempt the assignor or his
representative, from the liability to the said company for the pay-
ment of all such sums, if the assignee or his representative shall be
unable or fail to pay the same.

36. If any person or persons shall wilfully, by any means what-
ever, injure, impair, or destroy any part of the railroad construct-
ed under this act, or any of the necessary works, machines, wagons,
vehicles, carriages, or other property belonging to the said com-
pany, or shall place any obstruction upon said road, such person
or persons shall be deemed guilty of a misdemeanor, and on con-
viction thereof, in the court of pleas and quarter sessions or superior
court of law of the county where the offence may be committed,
shall be fined and imprisoned at the discretion of the court.

37. Be it further enacted, That if at any time hereafter, the
above rates for toll and transportation shall enable the said presi-
dent and directors, after the payment of all necessary expenses,
and after setting apart a fair and reasonable sum for the renewal

309

310 RALEIGH AND GASTON RAIL ROAD.

and repairs of the said road, warehouses, and depots, and other
constructions, and of the machines, cars and other vehicles for
transportation, to divide more than fifteen per cent, on their capi-
tal stock invested, that the said rates of toll and transportation shall
be so reduced by the said president and directors as to enable
them to divide fifteen per cent, and no more.

38. Be it further enacted, That no person shall be eligible as
president or director of said company unless he be a resident citi-
zen of this State.

39. Be it further enacted, That it shall be the duty of the pres-
ident of said company, on the first week in December, in each
and every year, to transmit to the General Assembly a correct
statement of all the receipts and expenditures of said company
during the year preceding.

40. Be it further enacted, That when the General Assembly
may be of opinion that the charter hereby granted shall have been
violated, it may be lawful, by joint resolution of the two houses,
to direct the attorney general, with such assistant counsel as the
governor or legislature may think proper to engage, to issue a writ
of scire facias, returnable before the judges of the supreme court,
calling upon said corporation to show cause why their charter shall
not be forfeited, subject to the same proceedings as are now pre-
scribed by law in case of other corporations.

41. Be it further enacted, That any rail road which may here-
after be constructed by the State or by any company incorporated
by the legislature, shall be at liberty to cross the road hereby allowed
to be constructed, upon a level or otherwise, as may be most ad-
vantageous : Provided, the free passage of said Raleigh and Gaston
rail road is not thereby obstructed.

42. Be it further enacted, That whenever the said road shall
be so crossed or approached by any other rail road, incorporated by
this State, the said Raleigh and Gaston Rail Road Company may
erect a depot, at or near the point of intersection, where they
may receive and deliver passengers and freight, and take therefor
the same rates of compensation, and be subject to the same regu-
lations as at other depots ; and should they fail or refuse to erect
such depots, the State or company owning the intersecting road,
may erect one ; and the company hereby incorporated shall re-
ceive and deliver passengers and freight at such depots, under the
same regulations as aforesaid, unless the same shall be rendered
impracticable by the situation of the road at such place.

43. Be it further enacted, That the corporate powers herein
granted shall be and enure for ninety years, and no longer, unless
renewed by competent authority.

PORTSMOUTH AND ROANOKE RAIL ROAD.

PORTSMOUTH AND ROANOKE RAIL ROAD.

AN ACT, TO ENACT WITH SUNDRY ALTERATIONS AND ADDITIONS,
AN ACT, ENTITLED, " AN ACT INCORPORATING THE PORTSMOUTH
AND ROANOKE RAIL ROAD COMPANY, AND FOR OTHER PURPO-
SES," PASSED BY THE LEGISLATURE OF VIRGINIA, ON THE EIGHTH
DAY OF MARCH, ONE THOUSAND EIGHT HUNDRED AND THIRTY-
TWO.

(Passed at the session of 1832.)

Whereas, it is represented, that the General Assembly of the
Commonwealth of Virginia, hath passed an act, entitled, "An act
incorporating the Portsmouth and Roanoke Rail Road Company,
and for other purposes,1' in the words following, to wit :

" Be it enacted by the General Assembly, That it shall be lawful
to open books at the town of Portsmouth, under the direction of
Arthur Emmerson, Francis Grice, Mordecai Cooke, John W.
Murdaugh, William Benthall, John P. Leigh, Holt Wilson, Rob-
ert B. Butt, John Hodges, John Thompson, John A. Chandler,
Enoch Choate, Henry Singleton, Charles F. Niemeyer, John
Talbot, John Cocke, Samuel Watts and John W. Collins, or any
five of them ; in the town of Norfolk, under the direction of John
Tunis, Joseph H. Robertson, John B. Roy, William C. Holt,
Miles King, Robert E. Taylor, Joseph T. Allyn and Harrison
Allmand, or any three of them. At Suffolk, under the direction
of Mills Riddick, John C. Cohoon, Richard H. Baker, Richard
Goodwin, Richard D. Webb, James McGuire, John T. Kilby,
Joseph Prentis and David Jordan, or any three of them. At
Smithfield, under the direction of George Wilson, Archibald At-
kinson, James C. Jordan, James Chambers, Watson P. Jordan
and Mallory Todd, or any three of them. At Jerusalem, under
the direction of James Rochelle, William B. Goodwyn, Carr
Bovvers, George T. Kilby, Jeremiah Cobb, James Urquhart,
Thomas Pritlow, Thomas Newsum, or any three of them. At
Hick's Ford, under the direction of Nathaniel Land, T. Merritt,
Benjamin Maclin, Thomas Spencer, Henry Wyche, John D.
Maclin, Meriwether Brodnax and Augustin Claiborn, or any three
of them. At Lawrenceville, under the direction of Stephen D.
Watkins, Henry Lewis, James H. Gholson, Richard K. Meade,
Jr., John E. Shell, Diggs Poyner and James B. Claiborn, or any
three of them. At Boydtown, under the direction of William
Townes, Charles Baskerville, Clark Royster, William 0. Goode,
Richard Russel, Alexander G. Knox and Conrad Boyd, or any
three of them. At Halifax Court House, under the direction of
William B. Banks, Edward C. Carrington, James C. Bruce,
Armstead Barksdal, William D. Sims, Thomas Easley, Henry
Edwards and William Bailey, or any three of them. At Danville,
under the direction of Benjamin W. S. Cabell, Thomas Rawlins,
Vincent Witcher, Nathaniel Wilson, William Swanson, John Dick-
inson, Thomas Tunstall and David C. Clark, or any three of

311

312 PORTSMOUTH AND ROANOKE RAIL ROAD.

them ; and at such other places, and under the direction of such
other persons, as the commissioners herein named for the town ol
Portsmouth may appoint, for the purpose of receiving subscrip-
tions to the amount of four hundred thousand dollars, to be divided
into shares of fifty dollars each, to constitute a joint capital stock,
for the purpose of making a rail road from the town of Ports-
mouth, in the county of Norfolk, to some point on the Roanoke
river to be selected by the company herein incorporated ; the time
and place of receiving subscriptions as aforesaid, shall be adver-
tised in the newspapers published in the borough of Norfolk ; and
the books for receiving the same shall not be closed in less than
ten days ; and if it shall appear that more than eight thousand
shares of the capital stock aforesaid, shall have been subscribed
for within the said ten days, it shall be the duty of the said com-
missioners appointed to receive subscriptions at Portsmouth, or
any five of them, to reduce the number of shares subscribed for
among the subscribers, in fair and equal proportions, to the amount
of stock subscribed for respectively by each, until the whole
amount of shares shall have been reduced to eight thousand ; but
if the whole number of shares shall not be subscribed for within
ten days from the time the books shall be opened to receive sub-
scriptions, then the books may be closed or continued open, as a
majority of the above named commissioners appointed to receive
subscriptions at Portsmouth may judge to be most beneficial, until
the whole number of shares shall be subscribed for.

When three thousand shares shall be subscribed in manner
aforesaid, the subscribers, their executors, administrators and as-
signs, shall be, and they are hereby declared to be incorporated
into a company, by the name and style of " The Portsmouth and
Roanoke Rail Road Company ;" and in that name may sue and
be sued, plead and be impleaded, and shall possess and enjoy all
the rights, privileges and immunities of a corporation or body poli-
tic in law, and may make all such bylaws, rules and regulations not
inconsistent with the constitution and laws of this State, or of the
United States, as shall be necessary for well ordering and con-
ducting the affairs of the company.

Upon any subscription of stock as aforesaid, there shall be paid
at the time of subscribing, to the said commissioners, their depu-
ties or agents appointed to receive such subscriptions, the sum of
one dollar on every share subscribed ; and the residue thereof
shall be paid in such instalments, and at such times as it may be
required by the president and directors of said company. The
said commissioners and deputy commissioners shall forthwith, after
the election of the president and directors of the company, pay
over to the said president and directors all moneys received by
them ; and on failure thereof, the said president and directors may
recover the amount due from them, or from any one or more of
them, by motion on ten clays previous notice, in the superior or
inferior court of the county or corporation wherein such commis-
sioner or commissioners, their executors or administrators may re-
side. The clerk shall endorse on the execution which shall issue

PORTSMOUTH AND ROANOKE RAIL ROAD. 313

on such judgment, that no security shall be taken, and the sheriff
or other officer shall govern himself accordingly.

When three thousand shares or more of the stock shall have
been subscribed, public notice of that event shall be given by any
three or more of the said commissioners, who shall have power,
at the same time to call a general meeting of the subscribers at
such convenient place and time as they shall name in said notice.
To constitute any such meeting, a number of persons entitled to a
majority of all the votes which could be given upon all the shares
subscribed, shall be present either in person or by proxy ; and if
a sufficient number to constitute a meeting do not attend on that
day, those who do attend may adjourn from time to time until a
meeting shall be formed. The subscribers at their general meet-
ing aforesaid, and the proprietors of the stock at every annual
meeting thereafter, shall elect a president and five directors, who
shall continue in office unless sooner removed, until the next annu-
al meeting after their election, and until their successors shall be
elected ; but the said president or any of the directors, may at any
time be removed, and the vacancy thereby occasioned be filled by
the votes given at any general meeting. The president with any
three or more of the directors, or in the absence of the president
any four or more of the directors who shall appoint one of their
own body president pro tempore, shall constitute a board for the
transaction of business. In case of a vacancy in the office of
president or any director, happening from death, resignation, re-
moval or disability, such vacancy may be supplied by appointment
of the board or by the proprietors in general meeting.

The president and directors of said company shall be, and they
are hereby invested with all the rights and powers necessary for
the construction, repair and maintenance of a rail road, to be lo-
cated as aforesaid, with as many sets of tracks as they or a majority
of them may deem necessary, and may cause to be made ; and
also may make and construct all works whatsoever which may be
necessary and expedient in order to the proper completion of
the said rail road. They shall also have power to make contracts
with any person or ' persons on behalf of the company for making
the said rail road, and performing all other works respecting the
same, which they shall judge necessary and proper ; to require
from the subscribers from time to time such advances of money
on their respective shares as the wants of the company may de-
mand, until the whole of their subscriptions shall be paid ; to call,
in any emergency, a general meeting of the stockholders, givi g
one month's notice thereof in any one or more of the newspapers
herein before mentioned ; to appoint a clerk, treasurer and such
other officers as they may deem proper ; and to transact all the
business of the company, during the intervals between the general
meetings of the same. If any stockholder, shall fail to pay the
sum required of him by the president and directors, or a majority
of them, within one month after the same shall have been advertis-
ed as aforesaid, it shall and may be lawful for the said president
and directors or a majority of them, to sell at public auction, and

vol. n. 40

314 PORTSMOUTH AND ROANOKE RAIL ROAD.

convey to the purchaser, the share or shares of such stockholder
so failing or refusing, giving one month's previous notice of the
time and place of sale, in manner aforesaid ; and after retaining the
sum due, and all charges of the sale, out of the proceeds thereof,
to pay the surplus over to the former owner or his legal represen-
tative ; and if the said sale shall not produce the sum required to
be advanced, with the incidental charges attending the sale, then
the said president and directors may recover the balance of the
original proprietor, or his assignee or the executor or administra-
tor of either of them, by motion on ten days' notice before the
court of that county of which he is an inhabitant, or by warrant if
the amount does not exceed twenty dollars, before a justice of such
county ; and any purchaser of such stock, under the sale by the
president and directors, shall be subject to the same rules and reg-
ulations as the original proprietor.

The president and directors, their officers, agents and servants
shall have full power and authority to enter upon all lands and ten-
ements, through which they may judge it necessary to make the
said rail road, and to lay out the same according to their pleasure,
so that neither the dwelling house, garden, orchard, yard nor curti-
lage of any one be invaded without his consent. If the president
and directors cannot agree with the owner of the land, on the
terms upon which the said rail road shall be opened, it shall be
lawful for them to apply to the court of the county in which the
land lies, and upon such application, it shall be the duty of the
court to appoint five discreet, intelligent, disinterested and impar-
tial freeholders, to assess the damages to such lands, which will
result from opening the said rail road through it. No such ap-
pointment, however, shall be made, unless ten days' previous no-
tice of the application shall have been given to the owner of the
land, or the guardian, if the owner be an infant, or to the com-
mittee, if the owner be non compos mentis, if such owner, guardi-
an or committee can be found within the county ; or if he cannot
be found, then such appointment shall not be made unless notice of
such application shall have been published, at least one month next
preceding, in some newspaper published nearest the said land, and
shall have been posted at the door of the court house on the first
day at least of the next preceding term of the said court. A day
for the meeting of the freeholders to perform the duties assigned
them shall be designated in the order appointing them, and any
one or more of them attending on that day may adjourn from time
to time until their business shall be finished. Of the five free-
holders so appointed, any three or more may act after being sworn
or solemnly affirmed before some justice of the peace, that they
will impartially and justly, to the best of their ability, ascertain the
damages which the proprietor of the land will sustain from open-
ing the said rail road through the same, and that they will truly re-
port their proceedings thereupon to the court of the said county.

It shall be the duty of the said freeholders, in pursuance of the
order appointing them, to assemble on the land through which the
rail road is to be opened, and after viewing the same, and hearing

PORTSMOUTH AND ROANOKE RAIL ROAD. 315

such proper evidence as either party may offer, to ascertain,
according to the best of their judgment, the damages which the
proprietor of the land will sustain by opening the rail road through
the same. In performing this duty, they shall consider the pro-
prietor as being the owner of the whole fee simple interest ; they
shall take into consideration the quality and quantity of the land
which the rail road will occupy ; the additional fencing and gates
which will be required thereby, and all other inconveniences which
will result to the said land, from opening the said rail road ; and
shall combine therewith a just regard to the advantages which the
owners of the land will derive from the opening the rail road
through the same. When the said freeholders shall have agreed
upon the amount of damages, they shall forthwith make a written
report of their proceedings, under their hands and seals, in the
manner and form prescribed in the ninth section of the act, enti-
tled, " An act prescribing certain general regulations for the incor-
poration of turnpike companies," passed February seventh, one
thousand eight hundred and seventeen, after varying the same so as
to make it applicable to the said rail road. At the foot of the
report so made, the justice before whom the said freeholders
were sworn or affirmed shall make a certificate in the manner and
form prescribed in the same section of the aforesaid act, varying
the same as aforesaid. The report of the freeholders so made,
together with the certificate of the justice as aforesaid shall be
forthwith returned by the said freeholders to the court of the said
county, and unless good cause be shown against the report it shall
be affirmed by the court and entered of record. But if the said
report should be disaffirmed, or if the said freeholders being una-
ble to agree, should report their disagreement, or if from any
other cause they should fail to make a report within a reasonable
time after their appointment the court may at its discretion, as
often as may be necessary, supersede them, or any of them, ap-
point others in their stead, and direct another view and report to
be made in the manner above prescribed. On the affirmance of
any such report and on the payment, or tender, to the proprietor
of the land of the damages so ascertained, or the payment of such
damages into court, when for good cause shown, the court shall
have so ordered it, the president and directors shall be at liberty
to open the said rail road, upon the grounds viewed and assessed
by the freeholders as aforesaid.

Whenever it shall become necessary to subject the lands of
individuals to the use of said company, in opening and construct-
ing the said rail road through the same, and the consent of the
proprietor or proprietors cannot be obtained, it shall be lawful for
the president and directors of said company, and for their super-
intendents, agents, contractors, laborers and servants, to enter up-
on such lands and proceed in opening and constructing the said
rail road through the same. The pendency of any proceedings
in court, or before assessors or valuers, to ascertain the damages
that will be sustained by the proprietor or proprietors of such land
from opening and constructing the said rail road through the same,
shall in no manner hinder or delay the progress of the said work.

316

PORTSMOUTH AND ROANOKE RAIL ROAD.

And no order shall be made, nor shall any injunction be awarded,
by any judge or court to stay or delay the said work, the true
intent and meaning of this act being, that all injury which may be
done to any land, without the consent of the proprietor or proprie-
tors thereof by opening and constructing the said rail road through
the same, over and above the advantages of the said rail road, to
such proprietor or proprietors, shall be fully and completely compen-
sated for, in damages, when ascertained. For such damages, when
ascertained as aforesaid, if they be not paid to the party or parties
entitled to the same nor into court by the company, during the
term at which the report shall be confirmed, the clerk of the court
at any time after the adjournment of the court, on the application
of the party or parties entitled to the said damages, or his or their
attorney, shall issue an execution for the amount of such damages,
against the said company, which may be legally issued against a
corporation on a judgment for money.

If the said president and directors shall not obtain the consent of
the proprietor or proprietors of any land through which they pro-
pose to open and construct the said rail road, and shall not apply
to the said county court, and procure assessors or valuers to be
appointed as before directed, within forty days from the time the
said president and directors, their superintendents, agents, con-
tractors, laborers, or servants, shall commence opening and con-
structing the said rail road through such land, then it shall be lawful
for the proprietor or proprietors of such land, at any time previous
to an application for the appointment of valuers, by the said pres-
ident and directors, giving the said president and directors ten days
previous notice, by serving the same on the president or any one
or more of the directors, to apply to the said county court ; and
upon such application, it shall be the duty of the said court to make
the appointment of assessors or valuers as before directed, who
shall be qualified in the same manner, and shall, upon the same
principles and in the same manner in all respects, proceed to assess
and report to the court the damages that will result to the propri-
etor or proprietors of such land, as if they had been appointed on
the motion of said president and directors ; and the said court
shall proceed upon the said report, and confirm or set aside the
same, and appoint other assessors or valuers, in all respects, as if
the same had been by assessors or valuers appointed on the motion
of the said president and directors ; and if the said president and
directors, shall not pay to the proprietor or proprietors of such
lands nor into court, the damages assessed during the term of the
said court at which the report thereof shall be confirmed, at any
time after the adjournment of the court, on the like application,
the clerk shall issue the like execution for the amount of the dam-
ages, against the said company.

The said president and directors, for the purpose of making the
said road, or of repairing the same after it shall have been made,
shall also be at liberty, by themselves, their officers, agents and
servants, at any time to enter upon any adjacent lands, and to cut,
quarry, dig, take and carry away therefrom, any wood, stone,

PORTSMOUTH AND ROANOKE RAIL ROAD.

ground or earth, which they may deem necessary : Provided how-
ever, that they shall not without the consent of the owner, cut
down any fruit tree or trees, preserved in any lot or field for shade
or ornament, or take any timber, ground, stone or earth, constitut-
ing any part of any fence or building. For all wood, gravel,
stone, or earth, taken under the authority of this act and for all
incidental injuries done to enclosures, crops, woods or grounds,
in taking or carrying away the same, the said president and direc-
tors shall make to the owners a fair and reasonable compensation,
to be ascertained, if the parties cannot agree, by any three impar-
tial, intelligent and disinterested freeholders, who being appointed
for that purpose by any justice of the peace, thereto required by the
owner, shall be sworn or affirmed by the justice, and shall then
ascertain the compensation, upon their own view, for the wood,
stone, gravel or earth taken, and for the injury done as aforesaid
in taking them.

Whenever, in the construction of the said rail road, it shall be
necessary to cross or intersect any established road or way, it
shall be the duty of the said president and directors so to con-
struct the said rail road across any road or way already or hereafter
to be established by law, as not to impede the passage or trans-
portation of persons or property thereon. And when it shall be
necessary to pass through the land of any individual, it shall also
be their duty to provide for such individual, proper wagon ways
across the said rail road, from one part of his land to another. The
said president and directors shall have power to purchase, with the
funds of the said company, and place on the said railroad, all ma-
chines, wagons, vehicles, carriages and teams of any description
whatsoever, which they may deem necessary and proper for the
purposes of transportation. All machines, wagons, vehicles and
carriages, purchased as aforesaid, and the works constructed under
the authority of this act, and all profits which shall accrue from
the same, shall be vested in the respective share holders of the
company forever, in proportion to their respective shares, and the
same shall be deemed personal estate, and shall be exempt from
any public charge or tax whatever. So soon as a section of ten
miles of the said road shall be completed, and as often thereafter
as any other section of like length shall be completed, the said
president and directors shall transport all produce or other com-
modities that shall be deposited convenient to the said rail road,
and which they shall be required to transport to any point to which
the said rail road may be completed, in the order in which the
company shall be required to transport the same, after it shall have
been deposited convenient to the said rail road, so that equal and
impartial justice shall be done to all the owners of produce or
other commodities in the transportation thereof by the company :
Provided, the owners of the produce or other commodities re-
quired to be transported by the said company shall pay or tender
to the said company at their toll gate or gates the toll due upon
such produce or other commodities under this act.

And it shall be lawful for the said president and directors, and

317

318 PORTSMOUTH AND ROANOKE RAIL ROAD.

they are hereby authorized, to erect on such section or sections a
toll gate or gates and to demand and receive the following rates of
toll, to wit : On all goods, produce, merchandise or commodity of
any description whatsoever, a sum not exceeding eight cents per
ton per mile ; and for the transportation of passengers a sum not
exceeding six cents per mile for each passenger. It shall be lawful
for the said company to erect scales at their toll gate or gates to
weigh the burthen of any wagon, carriage, machine, or other vehi-
cle, used in transporting produce or other commodities along the
said rail road.

An annual meeting of the stockholders of the said company
shall be held at such time in each year, as the stockholders, at
their first general meeting, may appoint, to constitute which, or
any general meeting called by the president and directors according
to the provisions of this act, the presence of proprietors entitled
to a majority of all the votes which could be given by all the
stockholders shall be necessary, either in person or by proxy,
properly authorized ; and if a sufficient number do not attend on
that day, or on any day appointed for a general meeting called as
aforesaid, the proprietors who do attend may adjourn from time to
time, until a general meeting shall be had.

In counting all votes of the said company, each member shall
be allowed one vote for each share as far as ten shares, and one
vote for every five shares above ten by him held at the time in the
stock of the said company. The president and directors shall
render distinct accounts of their proceedings and disbursements of
money, to every annual meeting of the stockholders.

So soon as the said rail road shall be completed, the president
and directors of the said company, shall semiannually declare and
make such dividend of the net profits from the tolls herein granted
as they may deem advisable, to be divided among the proprietors
of the stock of the said company in proportion to their respective
shares.

If any toll gatherer, at any toll gate to be erected under the au-
thority of this act, shall ask, demand or receive any other or greater
tolls than are herein allowed, he shall forfeit and pay to the party
aggrieved thereby, two dollars for every such offence, recoverable
with costs, by warrant before any justice of the peace. And if
such toll gatherer being, at the time of incurring such penalty, in
the service of the company, shall be unable to pay the judgment
awarded against him, the said company shall be liable to pay the
same.

If the said president and directors, within three years from the
passage of this act, shall not begin the said work, or shall not com-
plete the same within ten years thereafter, then the interest of the
said company in the said rail road and the tolls aforesaid, shall be
forfeited and cease.

The said president and directors shall cause to be written or
printed, certificates for shares of stock in the said company, and
shall deliver one certificate, signed by the president and counter-
signed by the treasurer to each person for every share subscribed

PORTSMOUTH AND ROANOKE RAIL ROAD.

by him ; which certificate shall be transferable by him, subject,
however, to all payments due or to become due ; and such as-
signee having first caused the transfer or assignment to be entered
in a book of the company, to be kept for that purpose, shall
thenceforth become a member of the said company, and shall be
liable to pay all sums due, or which shall become due, on the
stock assigned to him : Provided however, that such assign-
ment shall in no wise exempt the assignee or his representatives
from their liability to the said company, for the payment of all
such sums, if the assignee or his representatives shall be unable, or
shall fail to pay the same.

If the said president cannot agree with the proprietors for the
purchase and sale of any such quantity of ground not exceed-
ing one acre, at one place, as may be necessary for the ac-
commodation of a toll house or house to cover any station, ma-
chine or engine for stables, which may be erected on the said rail
road, it shall and may be lawful for the said president and directors
to apply for and obtain from the court of the county in which the
said land may lie, a writ of ad quod damnum, upon which such
proceedings and condemnation shall and may be had, as are pre-
scribed for the condemnation of an acre of land for the abutment
of a mill dam, in the act entitled An act to reduce into one the
several acts concerning mills, mill dams and other obstructions to
water courses, passed March second, one thousand eight hundred
and nineteen, so far as the provision thereof may be applicable to
this case.

And upon the payment of the value found by this jury, upon
any such writ, to the owner or proprietor of the ground so con-
demned and located by the jury, or upon the payment thereof into
court, when for good cause shewn, the court shall have so ordered
it, the said president and directors, and their successors, shall be
and stand seized of the ground so condemned and located in fee
simple.

It shall be lawful for the said company to purchase lands from
the proprietors, at each point of termination of the said rail road or
the vicinity thereof, not exceeding ten acres, to be used by them
for all necessary purposes of said rail road or to be disposed of by
them when they shall deem it proper.

If any person shall wilfully by any means whatever, injure, im-
pair or destroy any part of any rail road constructed under this act,
or any of the necessary works, buildings, machines, wagons, vehi-
cles or carriages, such person or persons shall be punished accord-
ing to the laws which may be in force in this Commonwealth at the
time for the protection of public works or property of the Com-
monwealth.

It shall and may be lawful for the trustees of the town of Ports-
mouth to subscribe for such portion of the capital of the said Ports-
mouth and Roanoke Rail Road Company, not exceeding fifty
thousand dollars as they shall deem expedient, upon the same
terms and conditions as those upon which subscriptions are author-
ized to be made by individuals ; and the said trustees shall possess

319

320 PORTSMOUTH AND ROANOKE RAIL ROAD.

and enjoy the same rights and privileges as shall be possessed and
enjoyed by the individual stockholders in the said company : Pro-
vided, that before the said trustees shall be allowed to subscribe as
aforesaid, the propriety of doing so shall be determined upon, in a
town meeting of those persons qualified to vote for trustees of the
said town, upon one week's previous notice of the time and place
of such meeting, published in at least one of the newspapers
of the borough of Norfolk or town of Portsmouth. When the
said trustees shall have been authorized as aforesaid, and the sub-
scription made, they shall be and are hereby authorized, for the
purpose aforesaid, after the first day of April next to borrow
upon such terms as they may choose to accept, any sum of money
not exceeding the amount subscribed by the said trustees to the
stock of the said company. And the said trustees shall have pow-
er either by deed or ordinance, to convey or pledge all the estate
belonging to the trustees of the said town, and also to appropriate
any portion of their revenue for the payment of any sum of money
which may be borrowed under the authority of this act. It shall
likewise be lawful for the said trustees and they are hereby author-
ized and empowered, to levy, assess and collect a sum not exceed-
ing three thousand dollars in any one year, which sum, with the
dividends on the said stock, shall be applied annually to the pur-
pose of paying the interest and for the redemption of the principal,
of any loan which the said trustees may negotiate under the au-
thority of this act. The said trustees shall be, and they are here-
by authorized and directed to apply the moneys raised or to be
raised, under the authority of the act entitled "An act to revive
and amend an act entitled an act to authorize a lottery and the sale
of certain lots in the town of Portsmouth," passed February the
fourteenth, eighteen hundred and twentynine, and the act amend-
ing the same, passed March the twentysixth, eighteen hundred and
thirtyone, to the subscription of stock in the said company, and
the payment thereof, and to apply annually one half of the divid-
ends arising from the stock so subscribed and paid for, to the re-
demption of the principal of the loan herein before authorized, un-
til the said loan of fifty thousand dollars shall be fully discharged,
and the other half of said dividends, to the purposes of the above
recited acts ; and after the said loan shall have been fully redeem-
ed, then the whole of the dividends arising from the stock taken
and subscribed for by the said trustees, under this and the next
preceding section, shall be applied by the said trustees to the gen-
eral improvement of the said town of Portsmouth.

This act shall commence and be in force from the passing
thereof."

Be it therefore enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority of the same,
That the assent of the legislature in and to the act to incorporate the
Portsmouth and Roanoke Rail Road Company and for other pur-
poses, as contained in the before recited act of Virginia, is hereby
as fully and completely given, as if the said act had been passed by
this present General Assembly, with the exceptions, modifications
and additions hereinafter provided.

PORTSMOUTH AND ROANOKE RAIL ROAD.

2. Be it further enacted, That the assent of this legislature shall
not be given to those portions of the before recited act which pre-
scribe the mode and manner to be observed by the president and
directors of the company aforesaid, their officers, agents and ser-
vants, in entering upon the land of the proprietors, and in obtaining
from them, land, wood or timber, stone, gravel and earth within
the limits of this State, for the necessary and expressed purposes
of the said rail road.

3. And be it further enacted, That if the president and directors
cannot agree with the owners of land, in this State, through which
it may be necessary to make the said rail road, as to the terms up-
on which the said rail road shall be opened through the same, then
it shall and may be lawful for the said president and directors to
file their petition in the court of pleas and quarter sessions of the
county wherein the land lies, under the same rules and regulations
as are now prescribed by law in laying off public roads ; and upon
the filing of said petition, the same proceedings shall be had as in
cases of public roads. And when the jury shall have laid off said
road and assessed the damages to be paid to the owners of the
land through which the same shall be laid off, then it shall be law-
ful for the said president and directors, upon paying to the owner
or owners of said land, his, her or their guardian, as the case may
be, or into the office of the clerk of the court of pleas and quarter
sessions of the county wherein the land lies, the sum or sums so
assessed, to enter upon the land, lay off and construct their rail
road thereon, to make all necessary excavations and embankments,
bridges and other structures necessary to the construction and pre-
servation of the level of the said rail road. And to hold the said
land to their own use and benefit for the purpose of preserving
and keeping up said rail road during the continuance of the corpo-
rate existence by this act given to them, and at any time to remove
off from the same all fixtures which they may deem it necessary
from time to time to put thereon, for the purpose of constructing
or keeping up said rail road ; and in all things to have the same
power and authority over said land so laid ofF, during their exis-
tence as a corporation under the laws of this State, as though they
owned the fee simple therein : Provided, that nothing in this act
contained shall be construed to give power to the jury to lay off
said road through the yard, garden, curtilage or burial ground,
attached or appurtenant to the dwelling house or any plantation
through which it may be deemed necessary to lay off said road,
without the consent of the owner thereof.

4. And be it further enacted, That whenever any wood, stone,
gravel or earth may be wanted for the construction or repairing of
the said rail road, and if the president and directors cannot agree
with the owners of lands adjacent, in this State, as to the terms on
which they can procure the same, then it shall and may be lawful
for the said president and directors, by themselves, their officers,
agents or servants, to enter upon any adjacent lands not in a state
of cultivation, and take therefrom all wood, stone, gravel or earth,
so needed as aforesaid : Provided, that they shall not, without the

VOL. II. 41

321

322 PORTSMOUTH AND ROANOKE RAIL ROAD.

consent of the owner, cut down any fruit trees, or trees preserved
in any lot or field for shade or ornament, or take any timber, grav-
el, stone or earth, constituting any part of a fence or building : and
when any stone, gravel, earth or wood shall be so taken, as in this
section is provided, it shall and may be lawful for the owner to file
his, her or their petition in the court of pleas and quarter sessions
of the county wherein said land lies, from which said earth, stone,
gravel or wood shall have been taken, first giving ten days' notice
to the said president and directors, their officer or agent, of the
filing of such petition, praying to have a jury summoned to go upon
the land and assess the damages he, she or they may have sustained
thereby ; upon which, it shall be the duty of the court to order a
jury, as in laying off" public roads, which jury shall go upon the
land, after being duly sworn to do equal justice to all parties in
assessing the said damages, shall consider what damage the owner
of said land shall have sustained, and after assessing the same, shall
return their proceedings to the said court, and if the court shall
approve thereof, the damages so assessed, together with all costs,
shall be paid by the said president and directors. But if the said
court shall not approve thereof, they shall order another jury to be
summoned, and proceed in like manner to assess said damages and
return their proceedings to said court, and upon approval thereof
by said court, said damages and cost shall be paid by said presi-
dent and directors ; and if said president and directors shall not
pay the damages so assessed, and all costs, execution may issue
therefor against them as against other corporations : Provided al-
ways, that either party not satisfied with the sentence or decree of
the county court, may appeal therefrom to the superior court of
said county.

5. Be it further enacted, That the rail road contemplated to be
made by the said company within the State of North Carolina,
shall terminate on the north side of the Roanoke river, opposite
or below Weldon in this State.

6. And be it further enacted, That it shall be lawful for said
company to purchase lands from the proprietors at the point of
termination of said rail road, or in its vicinity, not exceeding ten
acres, to be used by them for all necessary purposes of said road,
or to be disposed of when by them it shall be deemed proper.

7. And be it further enacted, That if any person shall wilfully
injure, impair or destroy, or cause to be injured, impaired or
destroyed, any part of the said rail road, or any necessary works,
carriages, vehicles, or machines of said company, in this State,
such person or persons so offending shall forfeit and pay the sum
of five hundred dollars to the use of said company, to be recovered
by said company by action of debt in the superior court of law or
court of pleas and quarter sessions of the county wherein the
offence shall have been committed, and shall moreover be subject
to indictment in either of said courts, and upon conviction shall
be punished by fine or imprisonment at the discretion of the court.

8. And be it further enacted, That this act and every part and
provision thereof shall be subject to be altered, amended or modi-

PORTSMOUTH AND ROANOKE RAIL ROAD.

fied by any future legislature, as to them shall seem necessary and
proper, except so much thereof as prescribes the rate of compen-
sation or tolls for transportation of produce or other commodities,
allowed to the said company : And provided also, that the rights
of property acquired by the said company under this act shall not
be taken away or impaired by any future act of the legislature.

9. Be it further enacted, That the president and directors of
said company, after that part of the rail road within this State is
completed, may erect a gate or gates at such place or places as
they may think proper, and demand and receive the same rate of
toll for transporting any produce or other commodity, as they are
entitled to demand by the above recited act, under the same
rules and regulations ; and it shall be the duty of the said pres-
ident and directors to render to this legislature annually a fair
account of the expense incurred in constructing and keeping in
repair that part of the rail road within this State, and the amount
of tolls received on the same ; and whenever the net amount of
tolls so received, shall equal the sum expended in constructing
that part of the road, together with six per centum per annum
on that sum, from the time it was so expended, then it shall
be in the power of this legislature so to regulate the rate of
toll that the net amount annually collected shall not exceed six
per centum per annum on the sum originally expended.

And be it further enacted, That this act shall be in force from and
after the passage thereof, and that the corporation shall exercise
the corporate powers herein granted for sixty years and no longer,
without a renewal of the charter.

323

AN ACT SUPPLEMENTARY TO AN ACT, PASSED IN THE YEAR ONE
THOUSAND EIGHT HUNDRED AND THIRTYTWO, ENTITLED "AN
ACT TO ENACT, WITH SUNDRY ALTERATIONS AND ADDITIONS,
AN ACT ENTITLED ' AN ACT TO INCORPORATE THE PORTSMOUTH
AND ROANOKE RAIL ROAD COMPANY,' PASSED BY THE LEGIS-
LATURE OF VIRGINIA ON THE EIGHTH DAY OF MAY, ONE THOU-
SAND EIGHT HUNDRED AND THIRTYTWO."

(Passed at the session of 1833.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the president and directors of the Portsmouth and Roanoke
Rail Road Company be, and they are hereby authorized to sub-
scribe a sum not exceeding thirty thousand dollars to the Weldon
Toll Bridge Company, to construct a rail road on said bridge,
with the consent of the said toll company, and to continue the
same to the basin of the canal in the town of Weldon ; and it shall
be lawful for the said company to acquire and hold in fee simple
such a quantity of land on or near the said basin, not exceeding ten
acres, as may be necessary for the purposes of said company, and
to dispose of such part thereof as the said company may deem
proper.

324 PORTSMOUTH AND ROANOKE RAIL ROAD.

2. Be it further enacted by the authority aforesaid, That the
said company shall have full power and authority, in addition to
produce and other commodities, to transport the mail and passen-
gers on their rail road, at such rates for the transportation of the
mail as they may agree for, and at a rate not exceeding six cents
per mile for each passenger : Provided, that it shall not be incum-
bent on the company to put down passengers at any other than
their regular stopping places or stands, in the line of their rail road.

3. Be it further enacted by the authority aforesaid, That the
president and directors aforesaid be, and they are hereby autho-
rized, at those points on the line of their rail road between the
Roanoke river, in this State, and the Virginia state line, where they
may deem it important for the better accommodation of the trade
and business of their said rail road, to purchase from the proprietor
land, not exceeding ten acres at any one point, to be used by
them for the establishment of depots and warehouses and for other
necessary purposes of said road, or to be disposed of when by
them it shall be deemed proper.

4. Be it further enacted by the authority aforesaid, That it shall
be lawful for the said president and directors to charge for the
storage of produce, merchandise and other articles, at such ware-
houses as they may find it necessary to construct, rates not
exceeding the customary warehouse rates in the seaport towns of
this State.

5. Be it further enacted by the authority aforesaid, That if any
person or persons shall wilfully, by any means whatsoever, injure,
impair, or destroy any part of this rail road, or any of the neces
sary works, buildings, machines, wagons, vehicles or carriages
belonging to the said company, he or they shall forfeit and pay the
company five times the actual damages so sustained, to be sued for
and recovered, with full costs, before any tribunal having cogni-
zance of the same, by action of debt, in the name and for the use
of the said company.

6. Be it further enacted by the authority aforesaid, That if any
person or persons shall wilfully and with evil intent place or cause
to be placed in the aforesaid line of the said rail road any obstruc-
tion or impediment, so as to jeopardize the safety and endanger the
lives of persons travelling on said rail road, he, she or they shall
be deemed guilty of an indictable misdemeanor, and upon convic-
tion thereof in either the county or superior court of the county in
which such offence may have been committed, shall be punished
by fine and imprisonment, or either, at the discretion of the court.

7. Be it further enacted by the authority aforesaid, That
nothing herein contained shall prevent the company from pursuing
any other remedies, and enforcing any other penalties, provided by
law and their act of incorporation, for trespasses on their property.

8. Be it further enacted by the authority aforesaid, That this
act shall be in force from and after the passage thereof.

HALIFAX AND WELDON RAIL ROAD.

HALIFAX AND WELDON RAIL ROAD.

AN ACT TO INCORPORATE THE HALIFAX AND WELDON RAIL ROAD

COMPANY.

(Passed in the year 1833.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall and may be lawful to open books in the town of Hal-
ifax, under the direction of James Simmons, Michael Ferrel,
Thomas Ousby, Mark H. Pettway and N. M. Long, or any three
of them ; at Enfield, under the direction of Thomas Nicholson,
Carey Whitaker, Spier Whitaker, John W. Simmons and John
Croill, or any three of them ; at Weldon, under the direction of
Andrew Joiner, T. T. Wiatt, William H. Day, George Basker-
ville and John Purnell, sen., or any three of them ; at Nashville,
under the direction of Henry Blount, B. F. Moore, William Burt,
Joshua Watson and James S. Battle, or any three of them ; and
at such other places, and under the direction of such other persons
as the commissioners herein named for the town of Halifax shall
designate and appoint, for the purpose of receiving subscriptions
to the amount of fifty thousand dollars, to be divided into shares of
one hundred dollars each, to constitute a joint capital stock for the
purpose of making a rail road in the county of Halifax, from the
town of Halifax to the town of Weldon. The times and places
for receiving subscriptions, as above, shall be advertised in the man-
ner deemed most proper by the commissioners at the town of Hal-
ifax, and the books for receiving the same shall be kept open
twenty days ; and should it, at the expiration of the twenty days,
appear that more than fifty thousand dollars of stock shall have been
subscribed for upon the books, it shall be the duty of the said com-
missioners at the town of Halifax, or any three of them, to reduce
the number of shares subscribed for by each individual, in fair and
equal proportions, until the whole number of shares shall be re-
duced to five hundred : Provided, that no reduction shall be made
upon subscriptions not exceeding two shares ; but should the whole
amount of five hundred shares not be subscribed at the end of
twenty days, then the books shall be kept open until the whole
amount of five hundred shares shall have been subscribed : Pro-
vided however, that as soon as two hundred and fifty shares shall
be subscribed, then the subscribers, their heirs, executors, admin-
istrators or assigns, shall be, and they are hereby declared to be
incorporated into a company, by the name and style of the " Hal-
ifax and Weldon Rail Road Company ;" and in that name may
sue and be sued, plead and be impleaded ; and shall possess and
enjoy all the rights, privileges and immunities of a corporation or
body politic in law ; and may make all such bylaws, rules and
regulations, not inconsistent with the laws of this State or of the
United States, as shall be necessary for well ordering and con-
ducting the affairs of the company.

325

326 HALIFAX AND WELDON RAIL ROAD.

2. Be it further enacted, That upon every share subscribed, there
shall be paid at the time of subscribing, by the person subscribing,
the sum of two dollars, to the commissioners authorized to receive
the subscriptions, and the residue thereof shall be paid in such in-
stalments and at such times as the president and directors of the
company may require. The said commissioners, and all persons
holding money paid on subscriptions of stock, shall forthwith, after
the election of president and directors for said company, pay
over all moneys in their hands belonging to the company ; and
upon failure thereof, the president and directors may recover the
amount due from them, or any one or more of them, by motion,
on ten days' previous notice in writing, in the superior or county
court of any county wherein such commissioner or commissioners,
their executors or administrators may reside.

3. Be it further enacted, That when two hundred and fifty
shares or more of the stock shall be subscribed, public notice may
be given by any three or more of the commissioners in the town
of Halifax, who shall call a general meeting of the subscribers,
giving thirty days' notice in the newspaper published in the town
of Halifax, of the time and place of said meeting ; to constitute
any such meeting, a number of persons entitled to a majority of
the votes upon all the shares subscribed, shall be present, either
in person or by proxy ; and should a sufficient number not attend,
those present shall have power to adjourn, from time to time, until
a majority of the shares subscribed shall be represented ; the meet-
ing shall then proceed, a majority of the stock being represented,
to elect a president and five directors, who shall hold their office
until the next annual meeting of the stockholders, and until their
successors in office shall be appointed ; subject, nevertheless, to
the provisions hereinafter mentioned. An annual meeting of the
stockholders of the said company shall be held at such time in
each year as the stockholders at their first general meeting may
appoint, at which the election of president and directors shall take
place in like manner as above ; and when a vacancy shall occur
by death, resignation or otherwise, the vacancy may be filled, for
the time being, by the remaining president and directors ; or if the
presidency be vacant, the directors may fill as above. Any three
or more of the directors may have power, in the absence of the
president, to appoint one of their body president pro tempore, and
transact business : Provided always, that the majority of votes
representing shares in said company, given at any time against any
president or director of said corporation, shall vacate his office or
appointment ; and shall also have power to fill such vacancy, until
the next annual meeting of the stockholders.

4. Be it further enacted, That the president and directors of
the said company shall be, and they are hereby invested with all
the rights and powers necessary for the construction, repair and
maintaining a rail road, to be located as aforesaid, with as many
sets of tracks as they or a majority of them may deem neces-
sary and proper to be made ; also to make and construct all works
whatsoever which may be necessary and expedient in order to the

HALIFAX AND WELDON RAIL ROAD.

proper completion of the rail road. The said president and direc-
tors of the company shall have power to make contracts with any
person or persons for any work to be done upon or for the said
road, in such a manner and under such rules and regulations as
they may deem proper and right ; and all such contracts and agree-
ments made by the company or their legal agents, with any person
or persons, shall be binding on the individual or individuals making
them, and also on the company. The president and directors
shall have power to call on all the stockholders for a due and equal
proportion of the amount subscribed by them to the capital stock
of said company, in such sums and at such times as they, the pre-
sident and directors, may deem proper and right, by giving one
month's notice of such call in the newspaper circulating among
the subscribers. The president and directors shall have power to
appoint a treasurer, clerk and all other officers that they may deem
necessary and proper to aid and assist in managing and prosecuting
said work, and to fix their compensation, and take such bonds
with security for performance of duty as they may prescribe. If
any stockholder shall fail to pay the sum required of him by the
president and directors, or a majority of them, within one month
after the same shall have been advertised in the newspaper pub-
lished in the town of Halifax, it shall and may be lawful for the
president and directors, or a majority of them, to sell at public
auction and to convey to the purchaser, the share or shares of such
stockholders so failing or refusing, giving one month's previous
notice of the time and place of sale in manner aforesaid ; and after
retaining the sum due and all charges of the sale out of the pro-
ceeds thereof, to pay the surplus over to the former owner, or to his
legal representative ; and if the said sale shall not produce the sum
required to be advanced, with the incidental charges attending the
sale, then the president and directors, or a majority of them, may
recover the balance of the original proprietor, or his assignee, or
the executor or administrator, or either of them, by motion, on
ten days' notice, before the court of that county of which he is
an inhabitant, or by warrant before a justice of such county ; and
any purchaser of the stock of the company under the sale of the
president and directors, shall be subject to the same rules and re-
gulations as original subscribers to the capital stock of the said
company.

5. Be it further enacted, That the president and directors, their
officers, servants, agents and contractors, shall have full power and
authority to enter upon all lands and tenements through which they
may judge it necessary to make the said rail road, and to lay out the
same according to their pleasure, so that neither the dwelling house,
yard or garden of any person be invaded without his consent. If
the president and directors cannot agree with the owner of the lands
on the terms upon which the said rail road shall be opened through
it, it shall be lawful for them to apply to the court of the county in
which the land lies ; and upon such application, it shall the duty of the
court to appoint five discreet, intelligent, disinterested and impartial
freeholders to assess the damages to such land which will result

327

328 HALIFAX AND WELDON RAIL ROAD.

from opening the said rail road through it. No such appointment,
however, shall be made, unless ten days' previous notice, in
writing, of the application, shall have been given to the owner of
the land, or to the guardian, if the owner be an infant or non com-
pos mentis, if such owner or guardian can be found within the
county ; or if he cannot be found, then such appointment shall not
be made, unless notice of the application shall have been publish-
ed at least one month in some public newspaper published at Hali-
fax. A day for the meeting of the freeholders to perform the du-
ties assigned them, shall be designated in the order appointing
them ; and any one or more of them attending on that day, may
adjourn from time to time, until the business shall be finished : of
the five freeholders so appointed, any three or more of them may
act, after having been duly sworn or solemnly affirmed, before
some justice of the peace, that they will impartially and justly, to
the best of their ability, ascertain the damages which will be sus-
tained by the proprietor of the land from opening the said rail road
through the same ; and that they will certify their proceedings
thereupon to the court of the said county.

6. Be it further enacted, That it shall be the duty of the said
freeholders, in pursuance of the order appointing them, to assem-
ble on the land through which the rail road is to be opened, and
after viewing the same and hearing such proper evidence as either
party may offer, to ascertain, according to their best judgment, the
damages which the owners of the land will sustain by opening the
rail road through the same. In performing this duty, they shall
consider the proprietor of the land as being the owner of the whole
fee simple interest ; they shall take into consideration the quantity
and quality of the land which the rail road will occupy, the addi-
tional fencing or gates that will be required thereby, and all other
inconveniences which will result to the said land from the opening
of the said rail road ; and shall combine therewith a just regard to
the advantages which the owner of the land will derive from open-
ing the rail road through the same.

7. Be it further enacted, That when the said freeholders shall
have agreed upon the amount of the damages, they shall forthwith
make a written report of their proceedings under their hands and
seals, in substance as followeth : " We, freeholders, ap-
pointed by order of the court of for the purpose of ascer-
taining the damages which would be sustained by the
proprietor of certain lands in said county through which the Hal-
ifax and Weldon Rail Road Company propose to open a rail road,
do hereby certify that we met together on the land aforesaid on the

day of the day appointed for that purpose by the said or-
der, (or the day to which we were regularly adjourned from the
day appointed for our meeting by the said order, as the case may
be ;) and that first having been duly sworn, or affirmed, and having
viewed the premises, we proceeded to estimate the quantity and
quality of the land aforesaid which would be occupied by the said
rail road, the quantity of additional fencing or gates which would
be probably occasioned thereby, and all other inconveniences

HALIFAX AND WELDON RAIL ROAD. 329

which seemed to us likely to result therefrom to the said land ;
that we combined with these considerations, as far as we could, a
just regard to the advantages which would be derived by the pro-
prietor of the said land, from the opening of the aforesaid rail
road through the same ; that under the influence of these conside-
rations, we have estimated, and do hereby assess the damages afore-
said at the sum of dollars. Given under our hands and
seals, this the day of ."At the foot of the report so
made, the magistrate before whom the said freeholders were sworn
or affirmed, shall make a certificate in substance as followeth :
" county, to wit : I a justice of the peace for said
county, do hereby certify that the above named freeholders, before
they executed their duties as above certified, were solemnly sworn,
or affirmed, before me, that they would impartially and justly, to
the best of their ability, ascertain the damages which would be
sustained by the above named from the opening of the above
mentioned rail road through his land, and they would certify truly
their proceedings thereupon to the court of the said county. Given
under my hand this day of ." The report of the freehol-
ders so made, together with the certificate of the magistrate afore-
said, shall be forthwith returned by the said freeholders to the
court of said county ; and unless good cause be shown against the
report, it shall be confirmed by the court and entered on record ;
but if the said report should be disaffirmed, or the said freeholders,
being unable to agree, should report their disagreement, the court
may, at its discretion, as often as may be necessary, supersede
them or any of them, appoint others in their place, and direct
another view and report to be made in the manner above pre-
scribed. On the confirmation of any such report, and on the pay-
ment or tender of payment of said damages into court, when for
good causes shown the court shall so have ordered it, the pres-
ident and directors shall be at liberty to open the said rail road upon
the ground viewed and assessed by the freeholders aforesaid.

8. Beit further enacted, That whenever it shall become neces-
sary to subject the lands of individuals to the use of said com-
pany in opening and constructing the said rail road through the
same, and the consent of the proprietor or proprietors cannot be
obtained, it shall be lawful for the president and directors of said
company, and for their superintendents, agents, contractors, labor-
ers and servants, to enter upon such lands and proceed in opening
and constructing the said rail road through the same. The pen-
dency of any proceedings in court, or before assessors or valuers,
to ascertain the damages that will be sustained by the proprietor or
proprietors of such land from opening and constructing the said rail
road through the same, shall in no manner hinder or delay the pro-
gress of the said work ; the true intent and meaning of this act
being that all injury which may be done to any land without the
consent of the proprietor or proprietors thereof, by opening and
constructing the said road through the same, over and above the
advantages of said rail road to such proprietor or proprietors,
shall be fully and completely compensated for in damages, when

vol. n. 42

330 HALIFAX AND WELDON RAIL ROAD.

ascertained : for such damages when ascertained as aforesaid, if
they be not paid to the party or parties entitled to the same, or
into court by the company, during the term at which the report
shall be confirmed, the clerk of the said court, at any time after
the adjournment of the court, on the application of the party or
parties entitled to the said damages, or his, her or their attorney,
shall issue an execution for the amount of such damages against
the said company, which may be legally issued against a corpora-
tion on a judgment for money.

9. Be it further enacted, That if the said president and direc-
tors shall not obtain the consent of the proprietor or proprietors
of any land, through which they may propose to open and construct
the said rail road, and shall not apply to the said county court and
procure assessors or valuers to be appointed as before directed,
within forty days from the time the said president and directors,
their superintendents, agents, contractors, laborers or servants,
shall commence opening and constructing the said rail road through
such land, then it shall be lawful for the proprietor or proprietors
of such land, at any time previous to an application for the appoint-
ment of valuers by the said president and directors, giving the
said president and directors ten days' previous notice, by serving
the same on the president, or any one or more of the directors, to
apply to the said county court ; and upon such application, it shall
be the duty of the said court to make the appointment of asses-
sors or valuers as before directed, who shall be qualified in the
same manner, and shall, upon the same principles, and in the same
manner in all respects proceed to assess and report to the court
the damages that will result to the proprietor or proprietors of
such land, as if they had been appointed on the motion of the said
president and directors ; and the said court shall proceed upon the
said report, and confirm or set aside the same, and appoint other
assessors or valuers in all respects as if the same had been made
by assessors or valuers, appointed on the motion of the said presi-
dent and directors ; and if the said president and directors shall
not pay to the proprietor or proprietors of such lands, or into
court, the damages assessed during the term of said court at which
the report thereof shall be confirmed, at any time after the adjourn-
ment of the court, on the like application, the clerk shall issue the
like execution for the amount of the damages against the said
company.

10. Be it further enacted, That the said president and direc-
tors, for the purposes of making the said road, or of repairing the
same after it shall have been made, shall also be at liberty by them-
selves, their officers, agents and servants, at any time to enter
upon any adjacent lands, and to cut, quarry, dig, take and carry
away therefrom, any wood, stone, gravel, or earth, which they
may deem necessary : Provided, however, that they shall not, with-
out the consent of the owner, take any timber, gravel, stone or
earth constituting any part of any fence or building ; for all wood,
stone, gravel or earth, taken under authority of this act, and for all
incidental injuries done to enclosures, crops, woods or grounds,

HALIFAX AND WELDON RAIL ROAD. 331

in taking or carrying away the same, the said president and direc-
tors shall make to the owners a fair and reasonable compensation,
to be ascertained, if the parties cannot agree, by any three impartial,
disinterested and intelligent freeholders, who, being appointed for
that purpose by any justice of the peace thereto required by the
owner, shall be sworn or affirmed by the justice, and then shall
ascertain the compensation, upon their own view, for the wood,
stone, gravel or earth taken, and for the injury done as aforesaid
in taking them ; Provided, however, that it shall be the duty of
said proprietors to show to the justice of the peace to whom the
application is made, that ten days' previous notice of the time of
making the same, has been given to the president, or the principal
superintendent of the said rail road ; and no award which may be
given under any appointment without such notice shall be obli-
gatory or binding on said company.

11. Be it further enacted, That whenever, in the construction
of said rail road, it shall be necessary to cross or intersect any es-
tablished road or way, it shall be the duty of the said president and
directors so to construct the said rail road across any other road
or way already, or hereafter to be, established by law, as not to im-
pede the passage or transportation of persons or property thereon ;
and when it shall be necessary to pass through the land of any in-
dividual, it shall also be their duty to provide, for such individual
proper wagon ways across the said rail road, from one part of his
land to the other.

12. Be it further enacted, That the said president and direc-
tors shall have power to purchase with the funds of said company
and place on the said rail road, all machines, wagons, vehicles,
carriages and teams, of any description, whatsoever, which they
may deem necessary and proper for the purpose of transporta-
tion ; all machines, vehicles, wagons and carriages purchased as
aforesaid, and the works constructed under the authority of this
act, and all profits which shall accrue from the same, shall be vest-
ed in the respective shareholders of the company forever, in pro-
portion to their respective shares.

13. Be it further enacted, That so soon as the said road be
completed, the president and directors shall be entitled to demand
and receive on the same the following rates of toll, to wit : on all
goods, produce, merchandise or commodity, of any description
whatsoever, a sum not exceeding twelve and a half cents per ton
per mile ; for the transportation of passengers, a sum not exceed-
ing six cents per mile for each passenger ; and for the transporta-
tion of the mail, such a sum as they may agree for with the agents
of the government ; that they shall be furthermore entitled to de-
mand and receive for the weighing, storage and delivering of
produce and other commodities, rates not exceeding the ordinary
warehouse rates charged in the seaport towns of this State, until
the net profits received shall amount to a sum equal to the capital
stock expended, with six per cent, per annum interest thereon
from the time the money was advanced by the stockholders until re-
ceived back in the net profits ; but when the net profits received

332 HALIFAX AND WELDON RAIL ROAD.

as aforesaid by the tolls aforesaid, shall amount to a sum equal to
the capital stock expended, with six per cent, interest thereon,
then the toll which the said president and directors shall be entitled
to demand and receive as aforesaid, shall be fixed and regulated
from time to time by the president and directors, so as to make
them sufficient in their estimation to yield a net profit of fifteen per
cent, per annum on the capital stock invested in the said road and
the constructions connected with it, and the costs of the locomotive
engines, cars, carriages and other vehicles, and the renewal and re-
pairs of the same. The company, however, will not be bound to
transport any produce or other commodities, unless the owner
thereof shall pay or tender to the said company at their toll gate or
gates, the toll due upon such produce or other commodities under
this act.

14. Be it further enacted, That it shall be lawful for the said
president and directors, and they are hereby authorized to erect
toll gates at Halifax and at Weldon, and at any intermediate point
or points on the line of their rail road.

15. Be it further enacted, That in counting all the votes of the
said company, each member shall be allowed one vote for each
share as far as ten shares, and one vote for every five shares above
ten, by him held at the time in the stock of the said company ;
the presence of the proprietors entitled to a majority of all the
votes which could be given by all the stockholders, shall be neces-
sary (in all meetings of the stockholders) either in person or by
proxy properly authorized ; if a sufficient number to constitute a
majority do not attend on any day appointed for a general meet-
ing, the proprietors who do attend, may adjourn from time to time,
until a general meeting shall be formed, consisting of a majority of
the stockholders.

16. Be it further enacted, That the president and directors
shall render distinct accounts of their proceedings, and disburse-
ments of money, to the annual meeting of subscribers.

17. Be it further enacted, That so soon as the said rail road
shall be completed, the president and directors of the said com-
pany shall semiannually declare and make such dividends of the
net profits from the tolls herein granted, as they may deem advisa-
ble, to be divided among the proprietors of the stock of the said
company in proportion to their respective shares.

18. Be it further enacted, That if any toll gatherer, at any toll
gate to be erected under the authority of this act, shall ask, de-
mand or receive any other or greater tolls than are herein allowed,
he shall forfeit and pay the party aggrieved thereby, ten dollars for
every such offence, recoverable, with costs, by warrant before any
justice of the peace ; and if such toll gatherer, being at the time of
incurring such penalty in the service of the company, shall be un-
able to pay the judgment awarded against him, the said company
shall be liable to pay the same.

19. Be it further enacted, That if the said president and direc-
tors shall not begin the said work within one year after the passage
of this act, or shall not complete the same within three years there-

HALIFAX AND WELDON RAIL ROAD.

after, then the interest of the said company in the said rail road
and the tolls aforesaid shall be forfeited and cease.

20. Be it further enacted, That the said president and direc-
tors shall cause to be written or printed, certificates for shares of
stock in the said company ; and shall deliver one certificate, sign-
ed by the president, to each person for every share subscribed by
him, which certificate shall be transferable by him ; subject, how-
ever, to all payments due or to become due ; and such assignee,
having first caused the transfer or assignment to be entered in a
book of the company to be kept for that purpose, shall thenceforth
become a member of the said company, and shall be liable to pay
all sums due, or which shall become due, on the stock assigned to
him : Provided however, that such assignment shall in no wise ex-
empt the assignor, or his representatives, from their liability to the
said company for the payment of all such sums, if the assignee or
his representatives shall be unable, or shall fail to pay the same.

21. Be it further enacted, That it shall be lawful for the said
company to purchase lands from the proprietors at each point of
termination, and at any immediate points of the said rail road or
vicinity thereof, not exceeding ten acres, to be used by them for
all necessary purposes of said rail road, or to be disposed of by
them, when they shall deem it proper.

22. Be it further enacted, That if any person or persons shall
wilfully, by any means whatsoever, injure, impair or destroy any
part of the rail road, or any of the necessary works, buildings, ma-
chines, wagons, vehicles or carriages belonging to the said compa-
ny, he, she or they shall forfeit and pay to the company five times
the actual damages so sustained, to be sued for and recovered, with
full costs, before any tribunal having cognizance of the same, by
action of debt, in the name and for the use of the said company.

23. Be it further enacted, That if any person or persons shall
wilfully, and with evil intent, place or cause to be placed on the
aforesaid line of the said rail road, any obstruction or impediment,
so as to jeopardize the safety, and endanger the lives of persons
travelling on said road, he, she or they shall be deemed guilty of
an indictable misdemeanor, and upon conviction thereof, in either
the county or superior court of the county in which such offence
may have been committed, shall be punished by fine and imprison-
ment, or either, at the discretion of the court.

24. Be it further enacted, That this act, and every part and
provision thereof, shall be subject to be altered, amended or mod-
ified by any future legislature, as to them shall seem necessary and
proper, except so much thereof as prescribes the rate of compen-
sation or tolls for the transportation of produce or other commodi-
ties, allowed to the said company, and the rate allowed for the trans-
portation of passengers : And provided also, that the right of pro-
perty acquired by the said company, under this act, shall not be
taken away or impaired by any future legislature.

25. Be it further enacted, That it shall not be lawful for any
other company, or person or persons whatever to travel upon or use
the road of said company, or to transport persons or property of any

333

334 HALIFAX AND WELDON RAIL ROAD.

description along the said rail road without the license or permission
of the president and directors of said company.

26. Be it further enacted, That this act shall be in force from
and after the passage thereof.

AN ACT TO INCREASE THE CAPITAL STOCK OF THE HALIFAX AND
WELDON RAIL ROAD COMPANY.

(Passed at the session of 1836-)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the Halifax and Weldon Rail Road Company be, and they
are hereby authorized to increase their capital stock ten thousand
dollars in addition to the capital now authorized by law, and for
this purpose to open books of subscription, at the town of Halifax,
under the direction of James Holliday, Thomas Ousby, James
Simmons, Michael Ferrell and Redding J. Hawkins, or any three
of them, and at such other places, and under the direction of such
other persons, as the said commissioners at Halifax may appoint,
and to keep the same open until the stock aforesaid shall have been
subscribed.

2. Be it further enacted, That whenever the said additional
stock shall have been subscribed, or any part thereof, the owners
or subscribers for such additional stock shall be vested with all the
rights, benefits and privileges, and shall be subject to all the duties,
obligations, liabilities and restrictions, and in all respects stand
upon an equal footing with the original stockholders in the said Hal-
ifax and Weldon Rail Road Company.

AN ACT EMPOWERING THE HALIFAX AND WELDON RAIL ROAD
COMPANY TO SUBSCRIBE THEIR STOCK TO THE WILMINGTON
AND RALEIGH RAIL ROAD COMPANY.

(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful for the stockholders in the rail road com-
pany, created by an act of assembly, passed in the year one
thousand eight hundred and thirtythree, chapter seventyfive, en-
titled "An act to incorporate the Halifax and Weldon Rail Road
Company," to subscribe their stock upon the books of the rail
road company, incorporated by an act of assembly, passed in the
year one thousand eight hundred and thirtythree, chapter seventy-
eight, entitled "An act to incorporate the Wilmington and Raleigh
Rail Road Company," upon such terms as may be stipulated
between the stockholders in the Halifax and Weldon Rail Road

WILMINGTON AND RALEIGH RAIL ROAD.

Company, and the President and Directors of the Wilmington
and Raleigh Rail Road Company.

2. Upon the subscription of the stock held by the stockholders
in the Halifax and Weldon Rail Road Company, in the books of
the Wilmington and Raleigh Rail Road Company, all the proper-
ty, real and personal, owned and held by the Halifax and Weldon
Rail Road Company, shall vest in and be owned and possessed by
the Wilmington and Raleigh Rail Road Company aforesaid, and
be owned, and held and possessed by the said company in the same
manner that all the other property, real and personal, which has
been acquired by the said company is owned, held and possessed ;
and the road which may have been built, or partly built, by the
Halifax and Weldon Rail Road Company, shall thenceforward be
deemed, to all intents, as well criminal as civil, a part of the Wil-
mington and Raleigh Road.

3. So soon as the subscription hereby authorized shall have
been made, all the rights and privileges acquired under the before
recited act of assembly, passed in the year one thousand eight
hundred and thirty three, entitled "An act to incorporate the Hali-
fax and Weldon Rail Road Company," shall cease and the cor-
porate existence of the said company be determined.

4. The assent of the said Wilmington and Raleigh Rail Road
Company, and Halifax and Weldon Rail Road Company, to the
subscription of stock as aforesaid, evidenced by a paper writing,
under the hands and seals of the president and directors of the
said corporations, shall be made matter of record, by registering
the same in the register's office of Halifax county, and recording
it in the office of the secretary of state.

335

WILMHTOTOJY AND RALEIGH RAIL ROAD.

AN ACT TO INCORPORATE THE WILMINGTON AND RALEIGH RAIL
ROAD COMPANY.

(Passed at the session of 1833.)

Be it enacted by the General Assembly of the Stale of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful to open books in the town of Wilmington,
under the direction of Edward B. Dudley, P. K. Dickinson,
Robert H. Cowan, Aaron Lazarus, James Owen, William B.
Meares, William P. Hort, Alexander McRae and James S.
Green, or any five of them ; and in the city of Raleigh, under the
direction of Gavin Hogg, William H. Haywood, Charles L. Hin-
ton, Johnson Busbee, Charles Manley, Alfred Jones, Willis
Whitaker, Ruffin Tucker, Weston R. Gales and E. P. Guion, or
any five of them ; and at any other places, under the direction of
commissioners which may be designated by any three of the afore-
said commissioners at Wilmington, or any three of the commis-

336 WILMINGTON AND RALEIGH RAIL ROAD.

sioners at Raleigh, for the purpose of receiving subscriptions to an
amount not exceeding eight hundred thousand dollars, in shares of
one hundred dollars each, to constitute a joint capital stock, for the
purpose of effecting a communication by a rail road, from some
point within the town of Wilmington, or in the immediate neigh-
borhood of the said town, to the city of Raleigh, or in the imme-
diate neighborhood of the said city, the route of which road shall
be determined on by the company hereby incorporated. The
time and places of receiving subscriptions as aforesaid shall be
made public by an advertisement in some newspaper published at
Wilmington, and a newspaper published at Raleigh ; but the said
commissioners, and deputy commissioners, shall keep open the said
books at least sixty days at each place of opening them ; and at
the time to be fixed by the commissioners at Wilmington for that
purpose, it shall be the duty of the said commissioners and their
deputies to make return to the said commissioners at Wilmington
of the subscriptions by them taken respectively ; and if it shall
appear that three hundred thousand dollars, or any larger sum, has
been subscribed, the commissioners at Wilmington shall make it
known by advertisement in the newspapers published there, and in
the city of Raleigh, and call a meeting of the subscribers at such
time and place as they shall think fit, provided they shall give at
least twenty days' notice of said meeting ; but if the sum of three
hundred thousand dollars shall not be subscribed for within the
time first appointed, the commissioners at Wilmington and Raleigh,
and at other places to be designated as aforesaid, shall again open
the said books to receive further subscriptions, and keep them
open until such time as they may deem proper and fit ; and the
like proceedings shall be adopted by the said commissioners and
their deputies upon the reopening of said books, as are required
to be pursued upon the original or first opening of them ; and if
the whole amount of the capital or joint stock shall not be sub-
scribed for upon either the first or second opening of the said
books, then the books may be closed or continued open, as a ma-
jority of the commissioners at Wilmington may judge most bene-
ficial, and for such a period of time as they may prescribe : Pro-
vided however, that if upon the first or upon the second opening
of the said books, the sum of three hundred thousand dollars shall
be subscribed for, the power to continue open the said books shall
be transferred and vested in the subscribers to the said company,
or the president and directors whom they shall appoint, and not in
the commissioners.

2. Be it further enacted, That when three hundred shares shall
be subscribed for in the manner aforesaid, the subscribers, their
executors, administrators or assigns, shall be, and they are hereby
declared to be incorporated into a body politic or company, by
the name and style of " The Wilmington and Raleigh Rail Road
Company ;" and in that name may sue and be sued, plead and be
impleaded ; and shall possess and enjoy all the rights, privileges
and immunities of a corporation or a body politic in law ; and may
make all such rules, bylaws and regulations, not inconsistent with

WILMINGTON AND RALEIGH RAIL ROAD. 337

the constitution of the United States and this State, as shall be
deemed necessary for the well ordering and conducting the affairs
of the company.

3. Be it further enacted, That upon any subscription for stock
in said company, there shall be paid two dollars on each share at
the time of subscribing, which payment shall be made to the com-
missioners receiving such subscriptions ; and the residue thereof
shall be paid in such instalments, and at such time, as may be required
by the president and directors of said company. The commis-
sioners and deputy commissioners appointed to receive subscrip-
tions, shall forthwith, after the election of a president and directors
of the company, pay over to the said president and directors all
moneys received by them ; and on failure thereof, the said presi-
dent and directors may recover the amount due from them, or from
any one or more of them, by motion or by petition, in any county
or superior court of the State ; and if the sums are demanded by
petition, the defendants shall answer on oath, and the suit, whether
by motion or petition, shall be heard and determined at the first
court : Provided however, that in either case, the defendants shall
have been notified at least ten days before the court, in which the
motion is made or the petition filed.

4. Be it further enacted, That when three hundred thousand
dollars or more of the said stock shall be subscribed for, public
notice of that event shall be given by any three or more of the
commissioners at Wilmington, who shall have power, at the same
time, to call a general meeting of the subscribers, at such conve-
nient place and time as they shall name in said notice. To con-
stitute such meeting, or any general meeting of the stockholders,
a number of persons holding a majority of all the shares shall be
present, either in person or by proxy ; and if a sufficient number
do not appear on the day appointed, those who do attend shall
have power to adjourn from time to time until a meeting shall be
formed.

5. Be it further enacted, That the proprietors of the stock, at
the general meeting above directed, and every annual meeting there-
after, shall elect a president and ten directors, who shall continue
in office, unless sooner removed, until the next annual meeting
after their election, and until their successors shall be elected ;
but the said president, or any of the directors, may at any time be
removed, and the vacancy thereby occasioned be filled by a major-
ity of the votes given at any called or general meeting. The
president, with any five or more of the directors, shall constitute
a board for the transaction of business ; and if the office of pres-
ident become vacant, the directors shall elect one of their own
body pro tern. ; and if there be a vacancy in the directory, the
other directors may fill the vacancy by electing a stockholder ; and
if the president shall at any time be absent from the board, the
directors may, if five be present, appoint one of their own body
to act as president during that meeting.

6. Be it further enacted, That there shall be annual meetings
of the proprietors of stock, at such times and places as the pre-

vol. ii. 43

338 WILMINGTON AND RALEIGH RAIL ROAD.

ceding general meeting have appointed. Proprietors may attend
by proxy, under such rules as the bylaws prescribe : Provided,
that in no case shall the president, or any director, vote under the
authority of another stockholder ; nor shall any officer or agent of
the company be the proxy of a stockholder ; and if there be any
proxy which is jointly made to the president and another or others,
or to any director and another or others, or to any other officer or
agent of the company jointly with another or others, the proxy
shall be void.

7. Be it further enacted, That special meetings of the com-
pany may be called by the president and directors, or a majority
of their board assembled ; or it shall be called by the president
whenever ten members of the company or more, owning together
two hundred shares, shall require it : Provided, that public notice
shall be first given of the time and place of the said meeting, and
of the purpose for which it is called, unless the interest of the
company requires that the cause of convening the meeting should
not be published : And provided, that, either in person or by
proxy, there shall be present at the meeting a number of persons
owning together a majority of the stock.

8. Be it further enacted, That the president and directors of
said company shall be, and they are hereby invested with all the
rights and powers necessary for the construction, repair and main-
taining of a rail road to be located as aforesaid, and to begin at
such point and prosecuted in such directions as the stockholders
shall direct : and they may cause to be made and constructed for
the said company all works whatsoever, which may be deemed
necessary or expedient to the successful and proper completion
and enjoyment of said rail road. They may appoint a secretary
and treasurer, and other officers, and take from them bonds and
security for the faithful performance of their duties, which bonds
shall be made payable to the company ; but the salaries or other
compensation of the said officers shall be regulated by the stock-
holders in general meeting. And during the intervals between the
general meetings of the stockholders, the president and directors
may transact all the business of the company, with the limitations
herein before and hereafter stated.

9. Be it further enacted, That the president and directors shall
have power to make contracts with any person or persons, on
behalf of the company, for making said rail road, and performing
all other works respecting the same : Provided, they shall not
make any contract with any member of the board of directors, nor
with the president, without the express assent of the stockholders
being given to such a contract at a general meeting.

10. Be it further enacted,, That at any general meeting of the
stockholders, no person who has an individual interest in a ques-
tion to be decided by them, shall be allowed to vote either for
himself, or as the proxy of another stockholder ; and no person
shall be elected a president or a director of the company, who
does not own at least twenty shares of stock in the company ; and
if any person, after his election to the office of president or direc-

WILMINGTON AND RALEIGH RAIL ROAD. 339

tor, ceases to be the owner of so many shares, he shall thereupon
cease to be a president or a director of the company, and the
vacancy shall be filled as heretofore provided for ; nevertheless
the stockholders may elect a president and directors who are not
owners of twenty shares each, if it is done by the unanimous con-
sent of those present at a general meeting.

11. Be it further enacted, That if any stockholder shall fail to
pay the sum required of him, on his subscription, by the president
and directors, or a majority of them, within one month after the
same shall have been advertised in some newspaper published at
the seat of government, it shall and may be lawful for the said
president and directors, without further notice, to move for judg-
ment in the county or superior court of Wake or of New Hanover
against the delinquent stockholder or his assignee, or both, for the
amount of the instalment required to be paid, at any court held
within one year after the notice, and the court shall give judgment
accordingly ; or they may sue for the same, in an action of assump-
sit, or by warrant, according to the jurisdiction of the respective
tribunals of the State ; and in case of a warrant, there shall be no
stay of execution ; and it shall and may be lawful for the said pres-
ident and directors, either without any such suit or after it, to sell
at public auction, and convey to the purchaser, such share or
shares of such stockholder so failing or refusing, giving however
one month's notice of the time and place of sale, by advertisement
in some newspaper published at the seat of government ; and after
retaining the sum due and all costs and charges of the suit or of
the sale, or of both, out of the proceeds thereof, to pay the sur-
plus over to the former owner or his legal representative ; and if
the sale shall not produce the sum required to be advanced, with
the incidental costs and charges aforesaid, the president and direc-
tors may recover the balance of the original proprietor, or his
assignee, or executor or administrator, by notice in court as afore-
said ; or if judgment has been already obtained, they may take out
execution thereon for the balance due them ; and any purchaser
of the stock of the company, under the sale by the president and
directors, shall be subject to the same rules and regulations as the
original proprietor ; and no sale by the original proprietor or his
assigns, nor by the company, shall release the original proprietor
from his obligation to the company to pay the whole amount of
his subscription ; but the president and directors may proceed
against the original proprietor and his assigns, or the assignee of
the original proprietor and his assigns, so that they do not exact
full payment from both, or any more than one.

12. Be it further enacted, That the debt of a stockholder due
to this company for stock therein, either as original proprietor or
first or subsequent assignee, shall be considered as of equal dignity
with judgments in the distribution of the assets of a deceased
stockholder by his executor or administrator.

13. Be it further enacted, That it shall and may be lawful for
the said company to purchase and hold, and take by gift or devise
all lands and other estate and property of any kind, to be by them

340 WILMINGTON AND RALEIGH RAIL ROAD.

used or improved, or resold and conveyed : Provided, the said
property and estate are faithfully applied to the purposes and ob-
jects hereby intended to be effected ; and in general meetings
and at other times, the president and directors for the time being
are hereby authorized and empowered, by themselves or their agents,
to exercise all the powers herein granted, and all such other pow-
ers and authority for the effectual prosecution of the undertaking
hereby intended to be effected, and for the management of the
affairs of the corporation, not herein before granted, as may be
necessary to carry into effect the object of this grant.

14. Be it further enacted, That if the president and directors
aforesaid cannot agree with the owners of land through which it
may be necessary to make the said rail road, as to the terms upon
which the said rail road shall be opened through the same, then
it shall and may be lawful for the president and directors to file a
petition, in the name of the company, in the court of pleas and
quarter sessions of the county wherein the land lies, under the
same rules and regulations as are now prescribed by law for laying
off public roads in said county ; and upon the filing of said peti-
tion, the same proceedings shall be had as in cases of laying off
public roads, excepting these, to wit : the president and directors,
by themselves or by their agent, shall mark out the course of the
road, and it may be wide enough to give the company sixtyfive
feet clear on each side of the base of the road ; and the jury, in
assessing the damage, shall likewise assess the value of the benefits
resulting to the owners of the land for the constructing of the road
through or near the lands of the owner or owners of that which is
marked out for the road, and the jury shall be sworn to act accord-
ingly ; and when the jury shall have assessed the damages to the
owner or owners of the land, through which the road is laid off, and
also the value of the benefit resulting as aforesaid, it shall be re-
turned to court, and final judgment entered accordingly for the
damages assessed, which, however, shall be extinguished pro tanto
by the value of the benefits resulting to the owner ; and it shall be
lawful for the company or the president and directors to pay the
difference, if there be any, into the office of the clerk for the use
of the owner or owners, or his, her or their guardian, as the case
may be, and thereupon, and also if there be no damage due, enter
upon the land laid off, and construct their road or other improve-
ments thereon, to make all necessary excavations and embank-
ments, and to hold the said land to their own use and benefit ; and
in all things have the same power over the said land so laid off as
though they owned the fee simple therein : Provided, that nothing
in this act contained shall be so construed as to give power to said
company to lay off said road through the yard, garden or burial
ground, appurtenant to the mansion house of any person whatever,
without the consent of the owner thereof, or his, her or their guar-
dian, as the case may be.

15. Be it further enacted, That the written consent of any own-
er or proprietor of any lands through which the said road is to be
constructed, showing his, her or their agreement to the same, shall

WILMINGTON AND RALEIGH RAIL ROAD.

be valid and effectual to give the same power and authority over
the lands covered by the road, and sixtyfive feet on each side
thereof as aforesaid, as if the same had been conveyed by a deed
of bargain and sale, or condemned -upon petition as aforesaid ;
and although the said lands may belong to a feme covert, the sign-
ing of such assent by her and her husband shall be as conclusive
and effectual against her, as though she had been a feme sole, sub-
ject however to the proviso contained in the preceding section ;
and this assent shall be binding and conclusive though it be signed
before the company is formed.

16. Be it further enacted, That when any wood, gravel, earth
or stone shall be wanted for the construction or repairing of said
road, and the president and directors cannot agree with the owners
of the lands adjacent as to the terms for which they can procure
the same, then it shall be lawful for the president and directors, by
themselves or agents or officers, to enter upon any adjacent lands
not in a state of cultivation, and take therefrom all wood, stone,
earth or gravel so needed as aforesaid : Provided, that they shall
not, without the owner's consent, cut down any fruit trees, or
trees preserved in any lot or field for shade or ornament, or
take any timber, gravel or stone, constituting any part of a fence
or building ; and when any gravel, stone, or earth shall be taken
as in this act is provided, the president and directors may ten-
der amends to the owner or proprietor ; and if the owner or
proprietor shall be dissatisfied with the amount, he may refuse
it, and file his petition against the company in any court of the
county where the land lies, (first giving ten days' notice thereof to
the president and directors) praying to have a jury summoned to
go upon the land, view it and assess the damages he, she or they
may have sustained thereby ; upon which it shall be the duty of
the court to order a jury as in laying off public roads ; which jury
shall go upon the lands, and, after being duly sworn to do equal
justice to all parties, they shall consider what damages the owners
of the land shall have sustained ; and, after assessing the same,
shall return their proceedings to court ; and if the court approve
thereof, the damages so assessed shall be paid by the company ;
but if the court shall not approve thereof, they shall order another
jury to be summoned, who shall proceed in like manner to assess
and make return to the court ; and if the court shall approve there-
of, the company shall pay the damages assessed ; and if they do
not pay it, judgment may be entered and execution may issue
thereon as against other corporations : Provided however, that the
jury shall in all cases take into view the benefit which has resulted
to the owner of the land by the construction and maintaining of the
road : Provided further, that if the damages assessed by the jury
are not more than the amount tendered by the company or its
agent, (although the amount of the tender be not paid into court,)
the petitioner shall not recover costs : And provided further, that
either party not satisfied with the judgment of a county court in
such cases, may appeal therefrom to the superior court, upon giv-
ing bond and security, as in other cases of appeals.

341

34*2 WILMINGTON AND RALEIGH RAIL ROAD.

17. Be it further enacted, That the president and directors, and
all other officers and agents of the company, may enter upon the
lands of any person or persons whatever, for the purpose of sur-
veying a route for the said rail road and laying off the same ; and
they may mark or chop on the trees the courses laid off as afore-
said, so that they do not invade the dwelling or the yard or garden
of any person or persons, without his, her or their consent.

18. Be it further enacted, That if the president and directors
of said company shall, without the consent of the owner, construct
the said rail road over the lands of any person or persons before a
condemnation of the same in the manner provided in the preceding
section, it shall and may be lawful for the owner or owners of said
lands to petition after the manner and according to the rules pro-
vided in the sixteenth section hereof, and not otherwise ; and after
the assessment of the damages to be paid, and the payment there-
of, the property in the ground covered by the road and sixtyfive
feet on each side thereof, measuring from the base of the said
road, shall become to all intents and purposes vested in the com-
pany in fee simple ; and if the owners of said lands shall bring any
action of trespass against the company or any of its officers, or any
other action but a petition as aforesaid, the defendants may give
this act in evidence under the general issue, or upon a special plea;
and it shall bar the said action or suit.

19. Be it further enacted, That it shall and may be lawful for
the said president and directors to determine from time to time
what instalments shall be paid on the stock subscribed ; to pur-
chase with the funds of the company, and place on the said rail
road constructed by them, all machines, wagons, vehicles, carriages
and teams of any description whatsoever, which may be deemed
necessary and proper for the purposes of transportation ; and all
the property purchased by the said president and directors, and that
which may be given to the company, and the works constructed
under the authority of this act, and all profits accruing on the said
works, and the said property shall be vested in the respective
shareholders of the company, and their successors and assigns for-
ever, in proportion to their respective shares ; and the shares shall
be deemed personal property, and the property of said company ;
and the shares therein shall be exempt from any public charge or
tax whatsoever.

20. Be it further enacted, That the stockholders of the said
company may, at any general meeting, reopen the books of sub-
scriptions, under regulations to be prescribed by them, to increase
the capital stock of said company until the whole capital of eight
hundred thousand dollars is subscribed ; or they may sell the stock
remaining unsubscribed for, and the advance on the same above par
shall belong to the proprietors of the stock originally subscribed ;
and in case the books are opened, after a part of the road is com-
pleted and profits received thereon and expended on the road, the
original subscribers shall be reimbursed, out of the profits of the
road, the amount of profits that has been expended anterior to the
last subscriptions, before any dividends of profits is made among
all the stockholders.

WILMINGTON AND RALEIGH RAIL ROAD.

21. Be it further enacted. That the stockholders in general
meeting, may, if they think fit, resolve to construct a branch or
branches to the main road, to be connected with the main road
at such point or points as they may determine on, and to lead in
such direction, and to such a point or points as they may think
best ; and in order that they may do so, the said stockholders are
fully authorized to cause books to be opened for subscriptions to
the said lateral road or branch of the main road ; and the subscri-
bers for stock shall be subject to all the rules previously made by
the company, and become members of the company with this ex-
ception only, viz. : that the stock subscribed by them shall be
faithfully and honestly applied to the construction of that branch of
the road for which they subscribed it ; but the subscribers for the
main road and the branches shall constitute but one company ; and
their rights of property and estate shall be in common, and not sep-
arate : Provided however, that the whole capital of subscribed
stock shall not exceed one million of dollars.

22. Be it further enacted, That all the powers, rights and priv-
ileges conferred by the preceding sections upon the said company,
in respect to the main road, and the lands through which it may
pass, are hereby declared to extend in every respect to the said
company, and the president and directors thereof, in the laying out,
in the construction, and in the use and preservation of said lateral
or branch roads.

23. Beit further enacted, That it shall and may be lawful for
the said company to construct a branch to the main road as aforesaid,
under the restrictions aforesaid, so soon as the main road has reached
the point at which the branch road is intended to be joined with the
main road ; but they shall not, under any pretence whatever, apply
the funds of the company to the construction of a lateral or branch
road, until the main road is completed, except they be subscrip-
tions specifically made for the branch or lateral road.

24. Be it further enacted, That no person shall have leave to
connect or intersect with the said rail road or any of its branches,
unless it shall be done by some company incorporated in this
State ; and in all such cases, the company intersecting shall erect
the most approved and suitable apparatus for weighing the cars, or
other vehicles, that are to be brought over the road intersected
with ; and if they fail to do so within a reasonable time after a re-
quest made of them, the company omitting this shall forfeit and
pay to the other company two hundred dollars, to be recovered by
action of debt before any court of record in this State ; and shall
be liable, moreover, to pay the cost of such an apparatus after it is
put up by this company, which shall be recoverable by an action
on the case brought before any court of record in this State :
Provided however, that the General Assembly shall not grant this
right to intersect with this road to any company, who shall build a
road less than twenty miles long on one side of this road.

25. Be it further enacted, That where a branch or lateral road
to the main road is shorter than twenty miles, no other person or
company shall be authorized and empowered to build a rail road

343

344 WILMINGTON AND RALEIGH RAIL ROAD.

from any point near its termination, so as to intersect with this
main road in order to injure this company.

26. Be it further enacted, That so soon as ten miles of said rail
road shall be completed, and as often thereafter as any other sec-
tion of like length shall be completed, the said company, or the
president and directors, may transport all produce or other com-
modities, that shall be deposited convenient to the said road for
that purpose, and which they may be required to convey to any
point on said road ; and it shall be lawful for the said president and
directors, or the company aforesaid, and they are hereby author-
ized to erect a toll gate, or toll gates on said roads at such points
as they may choose ; and they shall be entitled to receive and to
demand the following rates, to wit : not exceeding four cents a mile
for toll, and nine cents a mile for transportation per ton of 2000
pounds ; and for the transportation of passengers, not exceeding six
cents per mile for each passenger, until the net profits received shall
amount to a sum equal to the capital stock expended, with six per
cent, per annum interest thereon, from the time the money was ad-
vanced by the stockholders until received back in the net profits ;
but when the net profits received as aforesaid from the tolls afore-
said shall have amounted to a sum equal to the capital stock afore-
said, with interest thereon as aforesaid, then the tolls which the
said company, or the president and directors, shall be entitled to re-
ceive for the transportation of produce or other commodities on
the said rail road, shall be fixed and regulated from time to time
by the president and directors of the company, so as to make them
sufficient, in their estimation, to yield a net profit equal to fifteen
per cent, per annum on the capital stock of the company over and
above what may be necessary for the repairs, improvement or re-
newal of the same, together with all other incidental expenses of the
company ; and it shall not be lawful for any other person or com-
pany whatever to travel along or upon the said road or any part
thereof, or use it or any part thereof for transportation of produce
or otherwise, without the license or permission of the president
and directors ; but nothing herein contained, shall be so construed
as to prevent the said company from making a contract for the
transportation of the mail, upon such terms as may be agreed on
between said company and the agents of the United States.

27. Be it further enacted, That it shall be lawful for the said
company, in the construction of said road, to intersect or cross
any public or private way established by law ; and it shall be law-
ful for them to run their road along the route of any of said roads :
Provided, that whenever they intersect or cross the said public or
private roads, the president and directors shall cause the rail road
to be so constructed, as not to impede the passage of travellers on
the public road or private way aforesaid ; and whenever the rail
road runs over and along with such public common road or way,
the president and directors shall cause the new common road
(which shall be laid out by order of the county court upon the
petition of the said president and directors) to be opened at their
expense ; but the jury empanelled shall again take into view, in

WILMINGTON AND RALEIGH RAIL ROAD.

estimating the damages of the owner, the value to the said owner
of having the rail road constructed through or near his lands.

28. Be it further enacted, That certificates of stock shall be
issued under such regulations as the bylaws prescribe ; and the
shares of the company shall be transferable according to such rules,
and upon such terms only, as may be established by the company
in general meeting.

29. Be it further enacted, That it shall be lawful for the presi-
dent and directors to erect warehouses, and other necessary build-
ings for the use of the company, at convenient and eligible sites ;
they may also erect scales at the toll gates or elsewhere on the
road, or at the ends of it, to weigh the produce or other commod-
ities conveyed thereon.

30. Be it further enacted, That it shall and may be lawful for
the president and directors, or the company hereby created, to
borrow money for the objects of this act ; and to make and issue
all proper evidences of such loan, and assurances for the repayment
thereof.

31. Be it further enacted, That in all meetings of the company
each share shall be entitled to one vote : Provided, that the stock-
holders may, at any general meeting, establish a different scale of
voting, if it shall be unanimously agreed to.

32. Be it further enacted, That the president and directors
shall render distinct accounts of their proceedings and disburse-
ments of money to the annual meeting of stockholders, and at any
other times when the company shall require it ; and so soon as the
rail road is completed, the said president and directors, or a ma-
jority of them, shall semiannually make a dividend of the profits of
the road among the stockholders ; or, if they shall deem it advisa-
ble to do it, they may make such dividends of profits as are col-
lected for tolls and transportation, and all other resources of the
company, before the whole is completed.

33. Be it further enacted, That if the said company shall not
begin the said road, or some part thereof, in three years after the
ratification of this act, they shall forfeit all the privileges conferred
by this charter. If they shall have not completed the main road
from Wilmington to Raleigh, in twelve years thereafter, then the
company shall forfeit so much of the rights and privileges hereby
created as confer upon the said company the power of extending
the said road above the point at which it shall be then constructed ;
but they shall not forfeit their property and privileges in any man-
ner as to so much of the road as they have completed : Provided
however, that the said company shall in good faith expend all their
capital subscribed, in endeavoring to construct a rail road along the
whole of said route, and providing the necessary vehicles and fix-
tures for its use and enjoyment.

34. Be it further enacted, That if the president and directors
shall be unable to agree with the proprietor for the purchase and
sale of such quantity of ground, as may be necessary for the erec-
tion of a toll house, or a house to cover stationary machines, or to
protect engines and cars or other vehicles, together with stables,

vol. ii. 44

345

346 WILMINGTON AND RALEIGH RAIL ROAD.

warehouses and offices, or for any other use which the convenience
of the company shall require, it shall and may be lawful for the
president and directors to file a petition in some court of the
county where the land lies against the proprietor or proprietors,
setting forth the circumstances ; and upon its being made to ap-
pear in court that the said proprietor or proprietors have had ten
days' notice of such application, the court shall direct a jury to be
summoned to go upon the premises ; which jury shall be sworn to
do equal and impartial justice, and to assess the damage which the
said proprietor will sustain by reason of the condemnation of such
land ; and they shall proceed to assess the amount the petitioners
ought to pay to the proprietor ; but in assessing said amount the
jury shall take into the estimate the benefit resulting to said pro-
prietor from constructing such rail road, and directing the works
contemplated, on or near to the lands of the proprietor, but only in
extinguishment of damages ; and the said president and directors
may afterwards pay the said assessment into court or not as they
choose ; if they do pay it, the company shall be seized of such land
in fee ; if they refuse to do it, they shall pay the costs ; and the
sheriff or his deputy, or the coroner or his deputy, as the case
may be, are hereby authorized to administer the said oath to the
jury aforesaid.

35. And he it further enacted, That it shall and may be lawful
for the company hereby created so to construct all such bridges as
it may be necessary for them to erect for the purposes of their rail
road, as to afford general accommodation to all travellers ; and to
demand and receive, by themselves or agents or tenants, from all
persons passing over and using such bridges, a reasonable toll, not
however to exceed the highest rate of toll allowed by law on any
bridge of this State : Provided however, that no such toll shall
be charged on the produce, or persons, or any commodities which
are conveyed in the cars of the rail road.

36. Be it further enacted, That full right and privilege are
hereby reserved to the State, or to any company hereafter to be
incorporated by their authority, to connect with the road hereby
provided for, any other road leading from the main route to any
part or parts of this State, so that in forming such connection no
injury shall be done to the works of the company hereby incorpo-
rated.

37. Be it further enacted, That if any person or persons shall
wilfully, by any means whatever, injure, impair or destroy any
part of the road constructed by the authority of this act, or any of
the works, buildings, machines, wagons, vehicles, carriages or
other property of the company, such person or persons shall be
liable to indictment, and upon conviction he, she or they shall be
fined and imprisoned at the discretion of the court, not exceeding
a fine of one thousand dollars and one year's imprisonment ; and
be liable moreover to the action of the company for damages, by
an action on the case, in any court of record in this State.

38. Be it further enacted, That this act shall be in force from
and after the ratification thereof; and all laws and clauses of laws,

WILMINGTON AND RALEIGH RAIL ROAD.

coming within the meaning and purview of this act, shall be, and
the same are hereby repealed.

347

AN ACT TO AMEND AN ACT PASSED IN EIGHTEEN HUNDRED AND
THIRTYTHREE, ENTITLED AN ACT TO INCORPORATE THE WIL-
MINGTON AND RALEIGH RAIL ROAD COMPANY.

(Passed at the session of 1835.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the capital stock of said company may be increased to any
sum, not exceeding one million five hundred thousand dollars, any
thing in the before recited act to the contrary notwithstanding.
The subscriptions for which shall be made under the same rules
and regulations prescribed in the said original act.

2. Be it further enacted, That the stockholders of said com-
pany shall and may be at liberty to run the main road from some
point within or near the town of Wilmington to some point in the
city of Raleigh, or in the immediate neighborhood thereof, or from
Wilmington, or near it as aforesaid to some point at or near the
river Roanoke in this State, at the election of said stockholders,
with the view of connecting with the Petersburg and Norfolk rail
roads — any thing in the said original act to the contrary notwith-
standing.

3. Be it further enacted, That the said company may be at
liberty to lay off and construct any lateral road, under the rules
and regulations, provided in the aforesaid act, before or after they
have completed the main rail road aforesaid — any thing in the
before recited act to the contrary notwithstanding.

4. Beit further enacted, That it shall and may be lawful for the
said company to purchase, own and possess steamboats, and other
vessels to ply and sail from the port of Wilmington to Charleston,
or elsewhere ; and to take and receive for the use of said company,
over and besides the profits allowed in the said original act, such
sums of money, or other property for freight, passengers, or other
accommodation on said boats and vessels, as they may be able to
make by contracts with their customers, and according to such
rates, as they may from time to time establish.

5. Be it further enacted, That so much of the thirtythird
section of the said original act, as compels the said company to
begin the said road in three years, after the ratification of said act,
be, and the same is hereby repealed. And the said company
shall begin the said road, or some part thereof, in three years after
the first day of January, eighteen hundred and thirtysix, under the
penalty prescribed in the said thirtythird section of the before
recited act.

6. Be it further enacted, That it shall not be the duty of the
said company to receive produce, goods, wares and merchandise,
to be transported on the said road at any other places than their

348

FAYETTEVILLE AND WESTERN RAIL ROAD.

regular depots, which they are required to establish ; and it shall
be lawful for the said company, to charge fifty cents in addition to
the rates established by the act of eighteen hundred and thirtythree
to which this is an amendment, for every passenger they may take
up at any points on the said road other than their depots as afore-
said. r

7. Be it further enacted, That this act shall be in force from
and after the ratification thereof.

FAYETTEVILLE AJVD WESTERN RAIL

ROAD.

AN ACT TO INCORPORATE THE CAPE FEAR, YADKIN AND PEDEE
RAIL ROAD COMPANY.

(Passed at the session of 1833.)

Be it enacted by the General Assembly of the State of North
Carolina and it is hereby enacted by the authority of the same,
lhat Hugh Campbell, Jr., Hiram Robinson, John Kelly Wil-
liam Nott, John H. Hall, Louis D. Henry, Robert Stranee
Benjamin Robinson, Lewis Brown, John W. Sandford, Joshua
W Cochran, Thomas N Cameron, Edward L. Winslow, Joseph
Baker, Edward W. Wilkins, John Huske, Duncan McRae, Jo-
seph Avery, Jeremiah Kyle, James Seawell, Charles P. Mallett
Oliver P. Starke, Thomas Hybart, Dillon Jordan, Jr., Wm b'
Wright, Peter McKeller, Lauchlin Bethune, Josiah Evans, Chas'
McAllister, John B. Kelly, John Morrison, Edmund Deberry'
John Martin, Duncan McRae, Jr., Hardy Morgan, Paul Barrin-
ger AbramF. Alexander, Joseph Young, Thomas L. Cowan,
Robert McNamara, Maxwell Chambers, Alexander Gray, William
t °fim: B,?-femm Elliott' Gideon Seawell, Alexander Little
w uk MTCRae,T.S1?mUeJ F- Patterson> Edmund Jones, James
Wellborn Jones Fuller, James Kyle, John M. Strong, William
Hawley, Williamson Whitehead, John D. Eccles, their associates
successors and assigns, be, and they are hereby made a body pol-
itic and corporate, under the name of " The Cape Fear, Yadkin
and Pedee Rail Road Company ;" and by that name shall be, and
are hereby made capable in law to sue and be sued to final judg-
ment and execution, plead and be impleaded, defend and be defend-
ed, in any court of record of this State, or in any other place
whatsoever ; to make, have and use a common seal, and the same
to break, renew or alter at pleasure ; and in said name shall have
succession, and shall be, and are hereby vested with all the powers
privileges and immunities which are, or may be necessary to carry
into effect the purposes and objects of this act, as hereinafter set
Jorth, and the said corporation are hereby authorized and empow-
ered to create, construct and finally complete a rail road, beginning

FAYETTEVILLE AND WESTERN RAIL ROAD.

at the river Cape Fear, in Fayetteville, and thence to the summit
of the Narrows of the Yadkin river, in a line leading in a direction
to the town of Wilkesborough ; also a lateral rail road connecting
said road from Fayetteville to the Yadkin with the Pedee, at the
mouth of Rocky river, and thence to penetrate Mecklenburg and
Lincoln counties ; also one other lateral rail way embracing A she-
borough, in Randolph county ; in such manner and form as said
corporation shall deem most expedient ; and for that purpose the
said corporation are authorized to lay out said roads at least sixty-
five feet wide, through the whole length thereof ; and for the pur-
pose of cuttings, embankments, and obtaining stone and gravel,
may take as much more land as may be necessary for the proper
construction and security of said roads : Provided however, that all
damages that may be occasioned to any person or persons, or cor-
poration, by the taking of such lands or materials for the purposes
aforesaid, shall be paid for by said corporation in manner hereafter
provided.

2. Be it further enacted, That the capital stock of said corpo-
ration shall consist of ten thousand shares, of fifty dollars each.
The immediate government and direction of the affairs of said cor-
poration shall be vested in seven directors, who shall be elected
by the stockholders of said corporation, in manner hereafter pro-
vided, who shall hold their offices for one year, and until others
shall be duly elected and qualified to take their places as directors ;
and the said directors, a majority of whom shall form a quorum
for the transaction of business, shall elect one of their own number
to be president of the board, who shall also be president of the
corporation ; and said directors shall have authority to choose a
clerk, who shall be sworn to the faithful discharge of his duty ;
and a treasurer, who shall give bond to the corporation, with secu-
rity to the satisfaction of the directors, in a sum not less than twenty
thousand dollars, for the faithful discharge of his trust, and shall
also take and subscribe an oath of office.

3. Be it further enacted, That the president and directors for
the time being are hereby authorized and empowered, by them-
selves or their agents, to exercise all the powers herein granted to
the corporation, for the purpose of locating, constructing and com-
pleting said rail roads, and all such other powers and authority for
the effectual prosecution of the undertaking hereby intended to be
effected, and for the management of the affairs of the corporation,
not heretofore granted, as may be necessary and proper to carry
into effect the object of this grant; to purchase and hold lands,
materials and other necessary things, in the name of the corpora-
tion, for the use of said roads ; to make such equal assessments
from time to time, on all the shares in said corporations as they
may deem expedient and necessary in the progress and execution
of the work, and direct the same to be paid to the treasurer of
the corporation, and to require the treasurer to give notice of such
assessments ; and in case any subscriber or stockholder shall
neglect to pay his assessment, for the space of thirty days after due
notice by the treasurer as aforesaid, the directors may order the

349

350 FAYETTEVILLE AND WESTERN RAIL ROAD.

treasurer to sell such share or shares at auction, at some public
place, after giving at least ten days' public notice of such sale, and
the day and place at which said sale shall take place ; and the per-
son being the highest bidder for such share or shares, is hereby
declared to be the proper owner thereof, and the same shall be
transferred accordingly ; and such delinquent subscriber or stock-
holder shall be holden accountable to the corporation for the bal-
ance, if his share or shares shall sell for less than the assessment
due thereon, with interest and costs of sale, and shall be entitled
to the overplus, if the same shall sell for more than the assessment,
interest and costs of sale as aforesaid : Provided, that no assess-
ment shall be made or laid on any share, exceeding the whole
amount of such share or shares.

4. Be it further enacted, That the said corporation shall have
power and authority to make, ordain and establish all such bylaws,
rules and regulations and ordinances, as they shall deem expedient
and necessary to accomplish the designs and purposes, and to carry
into effect the provisions, of this act, and for the well ordering,
regulating and securing the interest and affairs of this corporation :
Provided always, the same shall not in any wise be repugnant to
the laws and constitution of this State.

5. Be it further enacted, That a toll be, and is hereby granted
and established, for the sole benefit of said corporation, on all pas-
sengers and property of any description, which may be conveyed
or transported upon said rail roads, at such rates per mile, and by
the ton or hundred, as may be agreed upon and established from
time to time by the directory aforesaid. The transportation of
property and persons, the construction of the wheels, the form of
cars and carriages, and weight of loads, and all other matters and
things relating to the use of said roads, shall be in conformity to
such rules and regulations as said directory shall from time to time
prescribe and direct ; and they shall be entitled to receive and demand
toll not exceeding the following rates, viz. four cents per ton per mile
for toll on property, goods or merchandise, the freight of which is
usually charged by the ton of two thousand pounds, for transpor-
tation, and not exceeding six cents a mile for each passenger, until
the net profits arising from the charges for transportation shall
amount to a sum equal to the capital stock expended, with six per
centum interest thereon from the time the money was advanced by
the stockholders of said corporation until received back in net
profits. But when the net profits received as aforesaid shall have
amounted to a sum equal to the capital stock expended, with six
per centum interest thereon as aforesaid, then the charges for trans-
portation shall be so regulated by said corporation, as shall not
exceed upon the whole capital stock expended, after deducting all
charges and expenses whatever for keeping said roads in repair
and for other purposes for the use of said roads, seven per centum
interest upon the whole capital stock expended by said corporation
as aforesaid.

6. Be it further enacted, That the directors aforesaid for the
time being are hereby authorized to erect toll gates and to estab-

FAYETTEVILLE AND WESTERN RAIL ROAD.

lish warehouses and such other buildings, as they may deem neces-
sary for the use of said road or roads, and appoint toll keepers
and other agents to attend to the regulations required by said cor-
poration from time to time, as the work of said roads shall be com-
pleted ; and they shall from year to year make report to the
legislature, under oath, of their acts and doings, of their receipts
and expenditures, under the provisions of this act ; and their
books shall at all times be open to the inspection of any committee
of the legislature appointed for that purpose ; and if said corpora-
tion shall neglect or refuse to make such report at the General As-
sembly in each and every year, for every such neglect or refusal
said corporation shall be liable to pay, to the use of the State, a
sum not exceeding ten thousand dollars, to be recovered upon an
action of debt in the name of the governor of the State for the
time being, in any court of record of this State.

7. Be it further enacted, That said corporation shall be holden
to pay all damages that may arise to any person or persons, cor-
poration or corporations, by taking their lands for said rail roads ;
and when said lands cannot be obtained by voluntary agreement,
the damages to be established and recovered in manner and form
as follows : that in case of disagreement by the parties, either
may apply to the next succeeding county or superior court of the
county in which such land lies, for a jury of twelve freeholders,
who shall go upon the lands and value the same, or make an assess-
ment of such damages as the case may be, as by them shall be con-
sidered just and equitable, and who shall make such valuation or
assessment upon oath, which oath shall be administered to them by
the sheriff ; and the court at the time such application is made,
shall order and require the sheriff forthwith to summon a jury of
twelve freeholders, unconnected with either party, who shall, on a
day appointed by the order requiring the sheriff so to summon said
jury, within fifteen days from the end of the term of said court, view
the lands through which said road is to run ; and in estimating the
value or damages, as the case may be, of said lands, they shall
have regard to the additional value which may be conferred upon
them by the construction of said road : Provided however, that the
party, applying for the intervention of such jury, shall give the adverse
party at least five days' notice of his, her or their intention to make
such application ; and the said corporation shall, within thirty days
from such assessment or valuation, pay to the owner the full amount
of the same. And the sheriff shall require from the jury a written
statement of their valuation or assessment, signed by the whole of
them ; which statement of their valuation or assessment he is hereby
required and directed, together with his other proceedings had
upon the same, to return to the next term of said court ; and
the clerk thereof is hereby required to record the said proceedings
at full length upon the minutes of said court : Provided neverthe-
less, that nothing herein contained shall prevent the party dissatis-
fied, from the right of appealing as in other cases of like nature.

8. Be it further enacted, That lands, or other property or estates
of any married woman, infant, or person non compos mentis, which

351

352 FAYETTEVILLE AND WESTERN RAIL ROAD.

shall be necessary for constructing said roads, the husband of such
married woman, and the guardian of such infant, or person non com-
pos mentis may release all damages in relation to such lands or es-
tates, to be taken and appropriated as aforesaid, as they might do
if the same were holden by them in their own right respectively.

9. Be it further enacted, That if any person or persons
shall wilfully, maliciously or wantonly obstruct the passage of
any carriage on said roads, or in any way spoil, injure or destroy

. the same, any part thereof, or any implement or fixture belonging
thereto for the use of said roads, he, she or they, or any person
or persons assisting, aiding or abetting in such trespass, shall for-
feit and pay to said corporation for such offence treble such dama-
ges, as shall be proven before any justice of the peace, or court of
record of this State having jurisdiction of the same, to be recover-
ed by an action of debt, to the use of the corporation ; and such
offender or offenders shall be further liable to indictment within the
county where such trespass shall have been committed, contrary to
the before recited provisions, and upon conviction thereof, be fined
or imprisoned at the discretion of the court.

10. Be it further enacted, That the stockholders of said cor-
poration shall, on the first Monday in November, in each and
every year, hold, in the town of Fayetteville, an annual or general
meeting, but which may be altered to any other day by said stock-
holders, a majority thereof agreeing to the same, and at which an-
nual or general meeting the stockholders shall, by ballot, elect
seven directors aforesaid ; and that said directors so elected, shall
appoint their president and other officers, as is herein before di-
rected. Each proprietor or stockholder, for his, her or their share
owned in said corporation, shall be entitled to one vote for every
share as far as five, and for every five shares over five, and not ex-
ceeding twenty, three votes ; for every ten shares over twenty,
and not exceeding fifty, two votes ; for every ten shares over
fifty, and not exceeding one hundred, one vote ; for every twenty
shares over one hundred, and not exceeding two hundred, three
votes ; and for every ten shares over two hundred, one vote :
Provided, that no one proprietor or stockholder shall be entitled
in his own right to more than two fifths of the whole number of
shares : And provided also, that nothing herein contained shall be
construed to prevent any stockholder in said corporation from
voting in general meeting by proxy.

11. Be it further enacted, That if said rail road, or any of its
lateral roads, shall cross any public or private way, the said cor-
poration shall so construct said rail roads, or make such provisions
for crossing said public or private way, as shall not obstruct the
easy passage of such way or ways.

12. Be it further enacted, That the State of North Carolina
shall be entitled to, and have preference to subscribe for two fifths
of the capital stock herein before authorized to be created and
owned by said corporation, and in like manner shall be entitled to
two fifths of the increased amount of capital stock hereinafter au-
thorized by this act ; and that the interest which the State shall ->>-

FAYETTEVILLE AND WESTERN RAIL ROAD. 353

may own in said corporation, shall, at the general meetings of said
stockholders, be represented by an authorized agent, appointed in
such manner as the legislature shall from time to time direct ; and
such agent shall be entitled, in the general meetings aforesaid, to two
fifths of the whole number of votes, and no more.

1 3. Be it further enacted, That the persons incorporated by
this act, or a majority of them, are hereby authorized and directed
to call the first meeting of said corporation, and to give notice
thereof in the newspapers published in Fayetteville, Salisbury,
Greensborough, Raleigh and Wilmington, of the time, place and
purpose of such meeting, at least ten days before the time men-
tioned in such notice ; at which meeting the persons incorporat-
ed as aforesaid (a majority thereof being present) shall elect seven
directors ; which directors shall organize a board, as is herein be-
fore directed, for the purpose of opening books of subscription for
the reception of subscribers to the capital stock of said corpora-
tion, and for such other purposes as may and shall be necessary for
the regular organization of the affairs of the corporation, and of
giving full and efficient effect to this act : Provided however, that
the directors elected at said first meeting, shall not be in office as
directors for a longer period than the annual general meeting to be
held, and required by this act, on the first Monday of November
next ; at which time a new election shall take place by the stock-
holders, as is herein before directed by this act.

14. Be it further enacted, That in addition to the capital stock
herein before authorized by this act, the said corporation, for the
purpose of extending said rail road and its lateral branches, are
hereby authorized to increase and add to the capital stock afore-
said, a sum not exceeding five hundred thousand dollars, in shares
of fifty dollars each ; and the stockholders of said corporation, in
general meeting, shall have power to direct books of subscription
to be opened for receiving subscriptions to such increase of its
capital stock, at such time, place or places, as the directors of said
corporation shall or may deem proper ; or, if deemed most advis-
able, such directors may sell such increased shares of the capital
stock as may be required to extend said road, or roads, as herein-
after directed, or acquire said capital, or any part thereof, by loan,
and may pledge the scrip of the stock of the corporation as collat-
eral security for such loan, or any other loan which the directors
may deem necessary to make, to effect the objects of this act.

15. Be it further enacted, That said corporation is hereby au-
thorized to extend said rail road, and any of its lateral ways, to
such point or points in the counties of Mecklenburg and Lincoln,
as shall and may be found advisable ; also to any point or points
within the direction of Salisbury, Statesville and Wilkesborough,
and by any other lateral roads, so as to embrace and penetrate
Randolph, Guilford, Rockingham and Stokes counties.

16. Be it further enacted, That the president and directors
aforesaid shall prescribe the form of the certificate or evidence of
stock in said corporation ; which shall be signed by the president
and countersigned by the treasurer thereof, and shall prescribe the

vol. ii. 45

354

FAYETTEVILLE AND WESTERN RAIL ROAD.

manner of transferring said certificate of stock, and of making the
same assignable.

17. Be it further enacted. That said directors may put said
road, or any part thereof, in operation as soon as the same may be
completed, and semiannually shall declare dividends out of any net
profits, or any portion thereof, as may be deemed advisable, and
the same pay over to each stockholder in proportion to his, her or
their share or shares.

18. Be it further enacted, That where it shall become necessa-
ry to erect bridges for the use of said road or roads across any
river, said directory shall have authority so to construct such
bridge or bridges as shall admit of being used by travellers and for
neighborhood use, and may ask, demand and receive tolls for cross-
ing the same : Provided, that the rate of toll shall not exceed the
prices charged by the ferries on such rivers, nor shall toll be charg-
ed for persons and passengers on the rail road car.

19. Be it further enacted, That it shall be lawful for said di-
rectory to receive donations, borrow money , and secure the pay-
ment of the same by a pledge of the property of the corporation,
and make and issue evidences for such loans, and other assurances
for the payment thereof.

20. Be it further enacted, That the stockholders in said cor-
poration shall from time to time, at their general meetings, regulate
aud fix the salaries of the directory and other officers of the cor-
poration ; but that the directory shall fix the compensation to be
paid to the agents or superintendents of the corporation.

21. Be it further enacted, That the directory shall have power
to call a general meeting of the stockholders ; and that any number
of stockholders, owning one thousand shares in said corporation,
shall also have power to call a general meeting ; which meeting the
directory shall convene within forty days immediately after such
request of the stockholders as aforesaid, giving thereof not less
than thirty days' notice in the public newspapers printed in Fay-
etteville, and in such other newspapers as the directory may deem
advisable.

22. Be it further enacted, That unless the said company shall
complete twenty miles of said road within four years from the pas-
sage of this act, and unless they shall complete the said road to the
Narrows of the Yadkin within ten years of this date, then this act
shall be void and of no effect : Provided, that such forfeiture shall
not take away the right of the company to any part of said road,
which may have been completed at the end of either of the periods
aforesaid.

23. Be it further enacted, That it shall be lawful for the Gen-
eral Assembly, at any time hereafter, to authorize the construction
of any other road to intersect, or be connected with, this road,
which may lead to any market within the limits of this State.

FAYETTEVILLE AND WESTERN RAIL ROAD.

AN ACT SUPPLEMENTARY TO THE ACT ENTITLED AN ACT TO IN-
CORPORATE THE CAPE FEAR, YADKIN AND PEDEE RAIL ROAD
COMPANY.

(Passed in the session of 1S34.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same
That the directory of said company, shall regulate the rates of toll
and other charges for transportation, and shall be entitled to ask,
receive and demand the same, not exceeding the following rates,
that is to say : four cents the mile for toll the ton on property,
goods, wares or merchandise ; the freight of which, is usually
charged by the package, bulk or ton, and eight cents a mile the
ton of two thousand pounds for transportation, and six cents a mile
for each passenger, until the net profits arising from the charges lor
transportation, shall amount to a sum equal to the capital stock ex-
pended, with six per centum per annum thereon, from the time the
money was advanced, or otherwise raised by the company, until
paid back in net profits to the stockholders; but when the net
profits so recovered back by the stockholders, shall be equal to
the capital expended as aforesaid, with six per centum per annum
interest thereon, then the charges for transportation, shall be so
regulated by said corporation, as shall not exceed seven per cen-
tum upon the whole capital stock, including charges for keeping
up said road in repair, and all other expenses whatever, attending
the operations of the same : Provided alioays, that the foregoing
rates shall not be applicable to the transportation and delivery oi
property, goods, wares or merchandise, from and to the river land-
in* within the limits of the town of Fayetteville : And provided
further, that the price charged by said corporation, for the trans-
portation and delivery within Fayetteville, shall not exceed two-
thirds of the price of the present rates, established by an ordinance
of the police of Fayetteville, regulating the rates of drayage and

wagonage.

I Be it further enacted, That when any person or persons
shall be convicted before a justice of the peace, under the ninth
section of said act of incorporation, the person or persons so con-
victed, shall have the right of appeal to the next county court oi
the county in which such offence shall have been committed, the
party appealing entering into bond for the same, with such secu-
rity as is, and may be established by law, in cases of appeals from
before a justice of the peace, any law, usage or custom to the con-
trary notwithstanding.

355

356 FAYETTEVILLE AND WESTERN RAIL ROAD.

AN ACT TO AMEND THE CHARTER OP THE CAPE FE1R YADKIN
AND PEDEE RAIL ROAD COMPANY. YADKIN

(Passed at the session of 1836.)

Beit enacted by the General Assembly of the State of Mrth
Carohna, and « lS hereby enacted by theaihorityoj L sane
lhat the subscribers and stockholders of th^ P^L P J ™f>

Cf S°mf P°mt °n the Yadkin «ver above the

lars each, amounting to two millions of dollars.

™ tVifUrfh6r emtCted> That when the net profits of said com
pany shall have amounted to a sum equal to the caSta 1 stock whh

ffl he valW of l,'f • ^ POru°n thereof' and extending
.he stkhold ?yo WcS&SA t0W" °[ Wi"»boro„gh!
jority of two thirds be g ?Xo Zreof") "S 82"** ('**

igduie, mey snaJl be, and are herebv vested whh uli «
powers to carry the same into pfSLT: T a11 necessaiT

ail ™e powers and privileges now possessed and enjoyed bv the

for transportation on goods, wares, merchandise, product and DS
on sa,d rad roads : JVwMrf, ,llat nothing contained in Z ^

"ob„e„sf° sre : £ pnror„dfoidua,s from »->■£ -"

oTe or the payment of ™ Zl^Zl* ^ ^ ^
6. Be it further enacted, That it shall be the duty of said cor-

FAYETTEVILLE AND WESTERN RAIL ROAD. 357

poration to keep a full and fair record of their proceedings, in
books provided for that purpose, and shall produce said records
in any court of justice, whenever required so to do by order of
said court.

7. Be it further enacted, That if twenty miles of said rail road
be not completed within four years after the passage of this act,
then this act shall be void and of no effect.

8. Be it further enacted, That so much of the act incorporating
the Cape Fear, Yadkin and Pedee Rail Road Company, as comes
within the meaning and purview of this act, be, and the same is
hereby repealed.

9. Be it further enacted, That this corporation shall exist for
the term of ninety years, and no longer, unless renewed by the
legislature.

10. Beit further enacted, That this act shall be in force from
and after the ratification thereof.

11 . It shall be the duty of the said company to transport all
produce and other commodities, delivered at any place of deposit
established by said company on said road, and to transport the
same in the order of time in which such produce and other com-
modi ties shall have been received, so as to do equal justice to all,
and give preference to no one.

12. Be it further enacted, That all the property, owned by the
said company, shall be deemed and held as personal estate, and
shah not be subject to taxation for fifteen years from the passage
ol this act ; after which time, whenever the net profits of said
company shall exceed six per cent, per annum, the General As-
sembly of this State may impose a tax, not exceeding twentyfive
cents per share, on each share of the capital stock of said com-
pany.

13. Be it further enacted, That if the North Carolina Central
Kail Road Company shall determine in favor of constructing their
rail road from or near the harbor of Beaufort, to intersect and
unite with the rail road authorized to be constructed by this act,
it shall be the duty of the said Fayetteville and Western Rail Road
Company to give a preference, in the transportation of all produce
and other commodities, brought to their rail road by the North Car-
olina Centra] Rail Road, so as to occasion no delay thereof ; and
il the said company shall refuse or neglect to transport the said
produce and other commodities, as required by this section, the
said company shall be liable to the person or persons aggrieved,
lor any damage or injury which may result, for such refusal or
neglect, to be recovered before any court of record having cogni.
zance thereof. ° &

358 RALEIGH AND COLUMBIA RAIL ROAD.

RALEIGH AND COLUMBIA RAIL ROAD.

AN ACT TO INCORPORATE THE RALEIGH AND COLUMBIA RAIL
ROAD COMPANY.

(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful to open books in the city of Raleigh, under
the direction of William Boylan, Thomas P. Devereux, Duncan
Cameron, William H. Haywood, Jun., Charles Manly, Alfred
Jones, Beverly Daniel, Weston R. Gales, George W. Mordecai,
or any three of them ; and at Haywood, under the direction of
Jonathan Harralson, Charles J. Williams, Spence McClennahan,
Robert Faucett, or any three of them ; and at Pittsborough, under
the direction of William H. Hardin, Nathan A. Stedmaa, Joseph
Ramsay, Green Womack, or any three of them ; at Carthage, un-
der the direction of John B. Kelly, A. Currie, John Morrison,
Cornelius Dowd, and J. A. D. McNeill, or any three of them ; and
at Rockingham, under the direction of Walter F. Leak, James P.
Leak, Stephen Wall, and William B. Cole, or any three of them ;
and at Wadesborough, under the direction of William B. McCorkle,
Thomas D. Park, Absalom Myers, Alexander Little, Hampton
B. Hammons, or any three of them ; and at Fayetteville, under
the direction of E. P. Mallett, C Johnston, John Huske, E. L.
Winslow, T. N. Cameron, or any three of them ; and at such
other places, and under the direction of such other persons, as any
three of the commissioners herein before named to superintend
the receiving of subscriptions at Raleigh, shall direct, for the pur-
pose of receiving subscriptions to an amount not exceeding one
million of dollars, in shares of one hundred dollars each, for the
purpose of effecting a communication by a rail road, from some
point at or near the termination of the Raleigh and Gaston rail road,
in the city of Raleigh, to some other point, to be selected by the
company hereby incorporated, on the dividing line between the
States of North Carolina and South Carolina, within thirty miles
of Rockingham, in Richmond county, and for providing every
thing necessary and convenient for the purpose of transportation on
the same.

2. The times and places for receiving subscriptions, shall be ad-
vertised in one or more newspapers published in the city of Ra-
leigh and town of Fayetteville, and the books for receiving the
same shall not be closed in less than ten days ; and if it shall ap-
pear that more than ten thousand shares of the capital stock afore-
said, shall have been subscribed for within the said ten days, it
shall be the duty of the said commissioners at Raleigh, or any five
of them, to reduce the number of shares subscribed for among the
subscribers, in fair and equal proportions to the amount of stock

RALEIGH AND COLUMBIA RAIL ROAD.

subscribed for respectively by each, until the whole amount of
shares shall be reduced to ten thousand : Provided however, that
no reduction shall be made of the subscription of any citizen of
this State until the whole of the subscriptions of non-residents shall
be stricken off ; but if the whole amount shall not be subscribed
for within ten clays from the time the books shall be opened to re-
ceive subscriptions, then the books may be closed or continued
open, or closed and reopened, without further notice, as a majority
of the above mentioned commissioners at Raleigh may judge to be
most expedient, until the whole number of shares shall be subscrib-
ed for.

3. When three thousand shares shall be subscribed for, in man-
ner aforesaid, the subscribers, their executors, administrators or
assigns, shall be, and they are hereby declared to be incorporated
into a company by the name and style of the " Raleigh and Co-
lumbia Rail Road Company," and by that name, shall be capable
in law of purchasing, holding, selling, leasing and conveying es-
tates, real, personal and mixed, so far as shall be necessary for the
purposes hereinafter mentioned, and no farther ; and shall have
perpetual succession, and by said corporate name, may sue and be
sued, and may have and use a common seal, which they shall have
power to alter and renew at pleasure ; and shall have and enjoy
and may exercise all the powers, rights and privileges which other
corporate bodies may lawfully do, for the purposes mentioned in
this act ; and may make all such bylaws, rules and regulations, not
inconsistent with the the laws of this State, or of the United States,
as shall be necessary for the well ordering and conducting the
affairs of the company.

4. Upon any subscription of stock, as aforesaid, there shall be
paid at the time of subscribing, to the said commissioners or their
agents appointed to receive such subscriptions, the sum of two
dollars on every share subscribed, and the residue thereof shall be
paid in such instalments, and at such times, as may be required by
the president and directors of said company.

5. The said commissioners, or their agents, shall forthwith, af-
ter the first election of president and directors of the company, pay
over to the said president and directors all moneys received by
them ; and on failure thereof, the said president and directors may
recover the amount due from them, or from any one or more of
them, by motion, on ten days' previous notice, in the court of
pleas and quarter sessions, or the superior court of law, of any
county wherein such commissioner or commissioners, their execu-
tors or administrators, may reside, or by warrant before a justice
of the peace of said county.

G. When three hundred thousand dollars or more of the stock shall
have been subscribed, public notice of that event shall be given by
any three or more of the said commissioners at Raleigh, who shall
have power at the same time to call a general meeting of the sub-
scribers, at such convenient place and time as they shall name in
said notice.

7. To constitute any such meeting, a number of persons entitled

359

360 RALEIGH AND COLUMBIA RAIL ROAD.

to a majority of all the votes which could be given upon all the
shares subscribed, shall be present, either in person or by proxy ;
and if a sufficient number to constitute a meeting do not attend on
that day, those who attend shall have power to adjourn from time
to time, until a meeting shall be formed.

8. The subscribers, at their general meeting before directed,
and the proprietors of stock at every annual meeting thereafter,
shall elect a president and five directors, who shall continue in
office, unless sooner removed, until the next annual meeting after
their election, and until their successors shall be elected ; but the
said president and directors, or any of them, may at any time be
removed, and the vacancy thereby occasioned be filled by a ma-
jority of the votes given at any general meeting. The president
with any two or more of the directors, or in the event of the sick-
ness, absence, or disability of the president, any three or more of
the directors, who shall appoint one of their own body president,
pro tern, shall constitute a board for the transaction of business.
In case of vacancy in the office of president, or any director, hap-
pening from death, resignation, removal or disability, such vacancy
may be supplied by the appointment of the board, until the next
annual meeting.

9. The president and directors of said company shall be, and
they are hereby invested with all the rights and powers necessary
for the construction, repair and maintaining of a rail road to be
located as aforesaid, with as many sets of tracks, as they, or a ma-
jority of them may deem necessary ; and may cause to be made,
and also to make and construct, all works whatsoever, which may
be necessary and expedient, in order to the proper completion of
the said rail road.

10. The said president and directors shall have power to make
contracts with any person or persons on behalf of the company,
for making the said rail road, and performing all other works res-
pecting the same, which they shall judge necessary and proper,
and to require from the subscribers, from time to time, such
advances of money on their respective shares, as the wants of the
company may demand, until the whole of their subscriptions shall
be advanced ; to call, on any emergency, a general meeting of
the subscribers, giving one month's notice thereof in one of the
newspapers printed in the city of Raleigh ; to appoint a treasurer,
clerk and such other officers as they may require, and to transact
all the business of the company during the intervals between the
general meetings of the stockholders.

11. If any stockholders shall fail to pay the sum required of
him by the president and directors, or by a majority of them,
within one month after the same shall have been advertised in one
of the newspapers published in the city of Raleigh, it shall and
may be lawful for the president and directors, or a majority of
them, to sell at public auction, and to convey to the purchaser,
the share or shares of such stockholder, so failing or refusing,
giving one month's previous notice of the time and place of sale,

RALEIGH AND COLUMBIA RAIL ROAD.

in manner aforesaid ; and after retaining the sum due, and all charges
of the sale, out of the proceeeds thereof, to pay the surplus over
to the former owner or to his legal representative ; and if the said
sale shall not produce the sum required to be advanced, with the
incidental charges attending the sale, then the president and direc-
tors may recover the balance of the original proprietor or his
assignee, or the executor or administrator of either of them, by
suit in any court of record having jurisdiction thereof, or by war-
rant before a justice of the peace of the county of which he is a
resident ; and any purchaser of the stock of the company, under
the sale by the president and directors, shall be subject to the same
rules and regulations as the original proprietor.

12. Be it further enacted, That if the capital stock of the com-
pany hereby incorporated, shall be found insufficient for the pur-
pose of this act, it shall and may be lawful for the president and
directors of the said company, or a majority of them, from time
to time to increase the said capital stock to an amount not exceed-
ing two millions of dollars, by the addition of as many shares as
they may deem necessary — first giving to the individual stockhol-
ders for the time being, or their legal representatives, the option
of taking such additional shares, in proportion to the amount of
stock respectively held by them — and opening books in the city
of Raleigh and such other places as the president and directors
may think proper, for any balance of the capital stock created,
which may not be taken by the stockholders for the time being, or
in their behalf ; and the subscribers for such additional shares of
the capital stock in the said company are hereby declared to be
thenceforward incorporated into the said company, with all the
privileges and advantages, and subject to all the liabilities of the
original stockholders.

13. Be it further enacted, That the president and directors, or
a majority of them, shall have power to borrow money for the ob-
ject of this act ; to issue certificates or other evidences of such loans,
and to make the same convertible into the stock of the company,
at the pleasure of the holder : Provided, that the capital shall not
thereby be increased to an amount exceeding two millions of dol-
lars, and to pledge the property of the company for the payment
of the same with its interest : Provided, that no certificate of loan,
convertible into stock, or creating any lien or mortgage on the pro-
perty of the company, shall be issued by the president and direc-
tors, unless the expediency of making a loan on such terms, and
of issuing such certificates, shall have first been determined on at
a general meeting of the stockholders, by two thirds of the votes
which could legally be given in favor of the same.

14. Be it further enacted, That the said president and direc-
tors, their officers, agents or servants, shall have full power and
authority to enter upon all lands and tenements through which they
may desire to conduct their rail road, and to lay out the same ac-
cording to their pleasure, so that the dwelling house, yard, garden
or curtilage of no person be invaded without his consent ; and that
they shall have power to enter in and lay out such contiguous lands

vol. ii. 46

361

362

RALEIGH AND COLUMBIA RAIL ROAD.

as they may desire to occupy, as sites for depots, toll houses,
ware houses, engines, sheds, work shops, water stations, and other
buildings, lor the necessary accommodation of their officers, agents
and servants, their horses, mules, and other cattle, and for the pro-
tection ol property entrusted to their care : Provided, that the
land so laid out on the line of the rail road, shall not exceed (ex-
cept at deep cuts and fillings) eighty feet in width, and that the
adjoining land for the sites of buildings (unless the president and
directors can agree with the owner or owners for the purchase of
the same) shall not exceed one and a half acres in any one parcel.
11 the president and directors cannot agree with the owner or own-
ers of the lands, so entered on and laid out by them, as to the
terms of purchase, it shall be lawful for them to apply to the court
ol pleas and quarter sessions of the county in which such land, or
the greater part of it, may lie; and upon such application, the court
shall appoint five disinterested and impartial freeholders, to assess
the damages to the owner from the condemnation of the land for
the purpose aforesaid ; no such appointment, however, shall be
made unless ten days' previous notice of the application shall have
been given to the owner of the land, or the guardian, if the owner
be an infant or non compos mentis, if such owner or guardian can
be found within the county ; or if he cannot be so found, then
such appointment shall not be made, unless notice of the applica-
tion shall have been published at least one month next preceding,
in some newspaper printed as convenient as may be to the court
house of the county, and shall have been posted at the door of the
court house, on the first day, at least, at the next preceding term
of said court. A day for the meeting of said freeholders to per-
form the duty assigned them, shall be designated in the order ap-
pointing them ; and any one or more of them attending on that
day may adjourn from time to time, until their business shall be
Finished. Of the five freeholders so appointed, any three or more
ol them may act, after having been duly sworn or solemnly affirm-

w5°trerTJUSt;Cu0fthLe pe3Ce' that the? wi]1 ""Partially and
justly, to the best of their ab.hty, ascertain the damages that will be

KSf V Praetor of the land, from the condemnation
thereof for the use of the company, and that they will truly certi-
iy their proceedings thereupon to the court of said county.

15. It shall be the duty of the said freeholders, in pursuance of
the order appointing them, to assemble on the land proposed to be
condemned, and after viewing the same, and hearing such proper
evidence as either party may offer, they shall ascertain, according
to their best judgment, the damages which the proprietor of the
land will sustain by the condemnation thereof for the company In
performing this duty they shall consider the proprietor of the land

ift therVnei'°I the W\°le f6e simPle j"terest 'herein ?*£
shall take into consideration the quality and quantity of the land to

be condemned, the add.tional fencing that will be required thereby*

and all the inconvenience that will result to the proprietor from the

condemnation thereof, and shall combine therewith a just Z„d

for the advantages which the owner of the land will derive from

opening the rail road through the same.

RALEIGH AND COLUMBIA RAIL ROAD.

16. When the said freeholders shall have agreed upon the amount
of damages, they shall forthwith make a written report of their pro-
ceedings, under their hands and seals, m substance as follows :
" We, freeholders, appointed by an order of the court of
pleas and quarter sessions, for the purpose of ascertaining the dam-
ages that will be sustained by the proprietor of certain lands
in the said county, which the president and directors of the Ra-
leigh and Columbia Rail Road Company propose to condemn for
their use, do hereby certify, that we met together on the land
aforesaid, on the day of the day appointed therefor by
the said order, (or the day to which we were regularly adjourned
from the day appointed for our meeting by the same order ;) and
that, having been first duly sworn, (or solemnly affirmed, as the
case may be) and having visited the premises, we proceeded to
estimate the quantity and quality of the land aforesaid, the quantity
of additional fencing which would probably be occasioned by its
condemnation, and all other inconveniences which would probably
result therefrom to the proprietor of said land, and that we com-
bined with these considerations, as far as we could, a just regard
to the advantages which would be derived by the proprietor of the
said land from the opening of the aforesaid rail road through the
same ; that under the influence of these considerations, we have
estimated and do hereby assess the damages aforesaid at the sum
of . Given under our hands and seals, this day of ."
At the foot of the report so made, the magistrate before whom the
said freeholders were sworn, shall make a certificate in substance
as follows : — " county, set. I, a justice of the
peace of said county, do hereby certify that the above named
freeholders, before they executed their duties, as above certified,
were solemnly sworn (or affirmed) before me, that they would im-
partially and justly, to the best of their ability, ascertain the dama-
ges which would be sustained by the above named by the
condemnation of the aforementioned land for the use of the Ra-
leigh and Columbia Rail Road Company, and that they would cer-
tify truly their proceedings thereon to the court of the said county.
Given under my hand, this day of ."

17. The report of the freeholders, so made, together with the
certificate of the justice of the peace, as aforesaid, shall be forth-
with returned by the said freeholders to the court of the county ;
and unless good cause can be shown against the report, it shall be
confirmed by the court and entered upon record ; but if the said
report should be disaffirmed, or if the said freeholders, being unable
to agree, should report their disagreement, or if, from ary other
cause, they should fail to make a report within a reasonable time
after their appointment, the court may, in its discretion, as often as
may be necessary, supersede them, or any of them, appoint others
in their stead, and direct another view and report to be made in
the manner above prescribed.

18. On the confirmation of any such report, and on payment
or tender to the proprietor of the land, of the damages so assessed,
or the payment of said damages into court, when for good cause

363

364

RALEIGH AND COLUMBIA RAIL ROAD.

shown, the court shall have so ordered, the land reviewed and as-
sessed as aforesaid, shall be vested in the Raleigh and Columbia
Rail Road Company, and they shall be adjudged to hold the same
in fee simple, in the same manner as if the proprietor had sold and
conveyed it to them.

19. While these proceedings are pending, for the purpose of
ascertaining the damages to the proprietor for the condemnation of
his land, and even before they shall have been instituted, the presi-
dent and directors, if they think that the interest of the company
requires it, may, by themselves, their officers, agents and servants,
enter upon the lands laid out by them, as aforesaid, and which they
desire to condemn and apply to the use of the said company. If,
when they so take possession, proceedings to ascertain the dama-
ges as aforesaid, be pending, it shall be their duty diligently to
prosecute them to conclusion ; and when the report of the free-
holders, ascertaining the damages, shall be returned and confirmed,
the court shall render judgment in favor of the proprietor of the
land, for the amount thereof, and either compel its payment into
court, or award process of execution for its recovery, as to them
shall seem right.

20. In the meantime, no order shall be made, and no injunction
shall be awarded by any court or judge, to stay the proceedings of
the company in the prosecution of their work, unless it be
manifest that their officers, agents or servants, are transcending the
authority given them by this act, and that the interposition of the
court is necessary to prevent injury that cannot be adequately com-
pensated for in damages.

21. If the president and directors shall take possession of any
land, before the same shall have been purchased by them, Or con-
demned and paid for according to the provisions of this act, and
shall fail for forty days to institute proceedings for its condemna-
tion as aforesaid, or shall not prosecute with due diligence the pro-
ceedings commenced for that purpose, it shall be lawful for the
proprietor of the land, upon giving to the said president and direc-
tors, or any of them, ten days' previous notice, to apply to the
court of the county in which the land, or the greater part thereof,
shall lie ; and upon such application, the court shall appoint five
disinterested and impartial freeholders to assess the damages to the
owner, from the condemnation of his land to the use of the com-
pany, shall appoint a day for their meeting, to perform the duties
assigned them, and shall dismiss, at the cost of the company, any
proceeding then depending in their behalf for the condemnation of
the said land. The freeholders so appointed, any three or more
of whom may act, shall proceed in the performance of their duties,
in all respects in the same manner as if they had been appointed
by the president and directors of the company ; and the court shall
in like manner confirm or disaffirm their report, supersede them
or any of them, and appoint others in their stead, or direct another
view and report to be made, as often as may be necessary ; and
when any such report, ascertaining the damages, shall be confirm-
ed, the court shall render judgment in favor of the proprietor for

RALEIGH AND COLUMBIA KAIL ROAD.

the damages so assessed and double costs, and shall thereupon either
compel the company to pay into court, the damages and costs so
adjudged, or award process of execution therefor, as to them shall
seem right.

22. When the judgment rendered for the damages assessed and
costs shall be satisfied by the payment of the money into court, or
otherwise, the title of the land for which such damages are assessed
shall be vested in the company, in the same manner as if the pro-
prietor had sold and conveyed it to them. Be it further enacted,
That the written consent of any owner or proprietor of any lands
through which the said road is to be constructed, showing his or
their agreement to the same, shall be valid and effectual to give
the same power and authority over all land required for the con-
struction of the road, as if the same had been conveyed by deed
of bargain and sale, or condemned upon petition, as aforesaid.

23. The said president and directors, for the purpose of con-
structing their rail road aforesaid, and the works necessarily con-
nected therewith, or of repairing the same after they shall have
been made, or of enlarging or otherwise altering the same, shall be
at liberty, by themselves, their officers, agents or servants, at any
time, to enter upon any adjacent lands, and to cut, quarry, dig,
take and carry away therefrom, any wood, stone, gravel or earth,
which they may deem necessary : Provided hoicever, that they
shall not, without the consent of the owner, cut down any fruit
tree, or any tree preserved in any lot or field, for shade or for or-
nament, nor take any timber, gravel, stone or earth, constituting
any part of any fence or building. For all wood, stone, gravel or
earth, taken under the authority of this act, for all incidental inju-
ries done to the enclosure, crops, wood or ground, in taking and
carrying away the same, the said president and directors shall make
to the owner a fair and reasonable compensation, to be ascertained,
if the parties cannot agree, by any three impartial and disinterested
freeholders, who, being appointed for that purpose by any justice
of the peace thereto required by the owner, shall be sworn by
him, and shall then ascertain the compensation upon their own
view, of the wood, gravel, earth or stone taken, and for the injury
done as aforesaid in taking them : Provided however, that it shall
be the duty of the owner or owners to show to the justice of the
peace to whom the application is made, that ten days' previous
notice of making the same, has been given to the president or one
of the principal agents of the rail road company ; and no award
which may be given under any appointment, without such notice,
shall be obligatory or binding on the company : Provided however,
that either party, not satisfied with the award which may be given
as above, may appeal to the court of pleas and quarter sessions of
the county in which the land may be situated, who may, as in the
case of the assessment of lands, confirm or disaffirm the report of
the freeholders, supersede them, or any of them, and appoint
others in their stead, or direct another view and report to be made,
as often as may be necessary.

24. If the said president and directors, in entering upon the

365

366 RALEIGH AND COLUMBIA RAIL ROAD.

land of any person under the authority of this act, for the purpose of
laying out, constructing, enlarging, altering or repairing any of their
said works, shall, by themselves or their officers, do any wanton
or wilful injury to such land or its appurtenances, or to the crops
growing or gathered, or to any other property thereon, the Raleigh
and Columbia Rail Road Company shall pay to the person so injur-
ed double the amount of damages which shall be assessed by a jury
in any proper action therefor ; or if said injury be done by any
person or persons who may have contracted with the company for
the construction of any portion of the road, or any of the works
connected therewith, he or they shall be responsible to the party
injured in the like amount.

25. Whenever, in the construction of said rail road, it shall be
necessary to cross or intersect any established road or way, it shall
be the duty of the said president and directors so to construct the
said rail road across such established roads or ways, as not to im-
pede the passage or transportation of persons or property along the
same ; or when it shall be necessary to pass through the land of
any individual, it shall also be their duty to provide for such indi-
vidual a proper wagon way across said rail road, from one part of
his land to the other : Provided however, that in order to prevent
the frequent crossing of established roads or ways, or in case it
may be necessary to occupy the same, it may be lawful for the
said president and directors to change the said roads to points
where they may think it expedient to do so ; and that for entering
upon or taking any land that may be necessary therefor, they shall
be, and are hereby authorized to proceed under the provisions cf
this act, as in the case of land necessary f )r their rail road : Pro-
vided further, that previous to the making of any such change, the
said company shall make and prepare a road equally good with the
portion of the road proposed to be substituted ; but nothing herein
contained shall be so construed as to make it incumbent on the
company to keep in repair the portion of any road which they may
have changed, as aforesaid.

26. The said president and directors, or a majority of them,
shall have power to purchase with the funds of the company, and
place on the rail road constructed under this act, all machines,
wagons, vehicles and carriages and teams of every description
whatsoever, which they may deem necessary or proper for the
transportation of persons or propertv ; or if they should deem it
expedient to do so, they may contract with any other rail road
company or companies, or with any individual or individuals, for
effecting the transportation on the same.

27. All machines, wagons, vehicles and carriages, purchased as
aforesaid with the funds of the company, or engaged in the busi-
ness of transportation on said rail road ; and all the works of said
company constructed, or property acquired under the authority of
this act, and all profits which shall accrue from the same, shall be
vested in the respective stockholders of the company forever, in
proportion to their respective shares ; and the same shall be deem-
ed personal estate, and shall be exempt from any public charge or

RALEIGH AND COLUMBIA RAIL ROAD. 367

tax whatsoever for the term of fifteen years ; and thereafter the
legislature may impose a tax not exceeding twentyfive cents per
annum on each share of the capital stock, whenever the annual
profits thereof shall exceed six per cent.

28. Upon the road hereby authorized, the company shall have
the exclusive right of transportation. When it is completed, they
shall at all times furnish and keep in good repair the necessary car-
riages and other requisites for the safe and convenient transporta-
tion of persons and property ; and it shall be their duty at all times,
upon the payment or tender of the tolls hereby allowed, to trans-
port to any depot on the road which the owner of the goods may
indicate, and there to deliver all articles which shall be delivered
to them for transportation, or offered to them in proper condition
to be transported, at any depot, on the road most convenient for
reception thereof.

29. They shall give no undue preferences to the property of one
person over that of another, but as far as practicable, shall carry
each in the order of time in which it shall be delivered or offered
for transportation, with the tolls paid or tendered. If the com-
pany, or any of its officers or agents, shall fail to receive, transport
or deliver in due time, any property so offered or delivered to
them for transportation, or shall fail to take up or set down any
passenger or passengers, at such convenient point as he or they
may desire, upon the payment or tender of the passage money
hereby allowed, they shall forfeit and pay to the party so injured
double the amount of the lawful toll paid or tendered, and shall
moreover be liable to an action on the case, in which full damages
and double costs shall be recovered.

30. So soon as any portion of the rail road, hereby authorized,
may be in readiness for transportation, it shall be lawful for the
said president and directors to transport, by their officers or agents,
or by contractors under them, persons and property on the same ;
and they shall have power to charge for the transportation of per-
sous, goods, produce, merchandise and other articles, and for
transportation of the mail, any sum, not exceeding the following
rates, viz : On persons, not exceeding six cents per mile for each
person, unless the distance, which any person be transported, be
less than ten miles, in which case the president and directors may
be entitled to make an extra charge of fifty cents for taking up and
putting down each person so transported ; for the transportation of
goods, produce, merchandise and other articles, not exceeding an
average of ten cents per ton per mile ; and for the transportation of
the mail, such sums as they may agree for ; and the said president
and directors shall be furthermore entitled to demand and receive
for the weighing, storage and delivering of produce and other com-
modities at their depots and warehouses, rates not exceeding the
ordinary warehouse rates charged for such services.

31. Be it further enacted, That if the said president and direc-
tors shall deem it advisable to construct the bridges, which may be
necessary on the line of their rail road, of sufficient width to admit
of the passage of common roads, as well as their rail road, over

368 RALEIGH AND COLUMBIA RAIL ROAD.

the same, they may be entitled to demand and receive from all the
persons, and for wagons, carriages, and all four and two wheeled
vehicles, and for all beasts of burden, sheep and hogs, passing the
same, the tolls which may be allowed by the court of pleas and
quarter sessions of the county in which the said bridge may be.

32. As soon as ten miles of the rail road hereby authorized,
shall be completed, the president and directors shall annually or
semiannually declare and make such dividend as they may deem
proper, of the net profits arising from the resources of the said
company, after deducting the necessary current and probable con-
tingent expenses of the said company, and shall divide the same
among the proprietors of the stock of the said company, in pro-
portion to their respective shares.

33. An annual meeting of the subscribers to the stock of the
said company, shall be held at such time and place, in each year,
as the stockholders, at their first general, or at any subsequent
meeting, may appoint — to constitute which, or any general meet-
ing called by the president and directors, according to the pro-
visions of this act, the presence of proprietors entitled to a majority
of all the votes which could be given by all the stockholders, shall
be necessary, either in person or by proxy properly authorized ;
and if a sufficient number do not attend on that day, or any day ap-
pointed for a general meeting called by the directors aforesaid, the
proprietors who do attend may adjourn from time to time until
such general meeting shall be had.

34. In counting all votes of the said company, each member
shall be allowed one vote for each share, not exceeding two shares
— one vote for every two shares above two and not exceeding ten
— and one vote for every five shares above ten, by him held at the
time in the stock of the company : Provided however, that no
stockholder, whether an individual, or body politic or corporate,
shall be entitled to more than sixty votes on any amount of the
capital stock of said company, held by him or them.

35. The president and directors shall render distinct accounts
of their proceedings and disbursements of money, to the annual
meeting of the stockholders.

36. The works hereby required of the Raleigh and Columbia
Rail Road Company, shall be executed with diligence ; and if
they be not commenced within two years after the passage of this
act, and finished within ten years after the first general meeting of
the stockholders, then this charter shall be forfeited.

37. The president and directors shall cause to be written or
printed, certificates of the shares of the stock in the said company,
and shall deliver one such certificate, signed by the president and
countersigned by the treasurer, to each person, for the number of
shares subscribed by him, which certificate shall be transferable by
him, subject however, to all payments due or to become due
thereon ; and such assignee, having first caused the transfer or
assignment to be entered in a book of the company, to be kept for
the purpose, shall thenceforth become a member of the company
aforesaid, and shall be liable to pay all sums due or to become due

RALEIGH AND COLUMBIA RAIL ROAD. 369

upon the stock assigned him : Provided however, that such assign-
ment shall in no wise exempt the assignor or his representative
from their liability to the said company for the payment of all such
sums, if the assignee or his representative shall be unable or fail to
pay the same.

38. If any person or persons shall wilfully, by any means what-
ever, impede or hinder the construction of, injure, impair or de-
stroy any part of the rail road to be constructed under this act, or
any of the necessary works, machines, wagons, vehicles, carriages,
or other property belonging to the said company, or shall place
any obstruction on said road, such person or persons shall be deem-
ed guilty of a misdemeanor, and on conviction thereof in the court
of pleas and quarter sessions, or superior court of law, of the
county in which the offence may be committed, shall be fined and
imprisoned at the discretion of the court.

39. Be it further enacted, That when the General Assembly
may be of opinion that the charter hereby granted shall have been
violated, it may be lawful, by joint resolution of the two houses,
to direct the attorney general, with such assistant counsel as the
governor or legislature may think proper to engage, to issue a writ
of scire facias, returnable before the judges of the supreme court,
calling upon the said corporation to show cause why their charter
shall not be forfeited, subject to the same proceedings as are now
prescribed by law in case of other corporations. Their books shall
at all times be open to the inspection of a committee of the Gen-
eral Assembly appointed for that purpose ; and the president of
said company shall biennially make a report to the legislature, on
or before the third week of their session, of their receipts and
expenditures, and of such other of their proceedings as he shall
deem proper.

40. Be it further enacted, That any rail road which may here-
after be constructed by the State or by any company incorporated
by the legislature, shall be at liberty to cross the road hereby allow-
ed to be constructed, upon a level or otherwise, as may be advanta-
geous, provided the free passage of the Raleigh and Columbia rail
road is not thereby obstructed.

41. Be it further enacted, That whenever the rail road shall
be so crossed or approached by any other rail road incorporated
by this State, the said Raleigh and Columbia Rail Road Company
may erect a depot at or near the point of intersection, where they
may receive and deliver passengers and freight, and take therefor
the same rates of compensation, and be subject to the same regu-
lations, as at other depots — and should they fail or refuse to erect
such depots, the State or company owning such intersecting
road, may erect one, and the company hereby incorporated shall re-
ceive and deliver passengers and freight at such depots, under the
same regulations as aforesaid, unless the same shall be rendered
impracticable by the situation of the rail road at such place.

42. Be it further enacted, That this act shall take effect and
be in force from and after its ratification, and shall enure and con-
tinue for the term of ninety years, and no longer.

vol. ii. 47

370 NORFOLK AND EDENTON RAIL ROAD.

NORFOLK AIVD EDENTON RAIL ROAD.

AN ACT TO INCORPORATE THE NORFOLK AND EDENTON RAIL
ROAD COMPANY.

(Passed at the session of 1S36-)

Whereas, an act of incorporation was passed by the legislature
of this State, at its session in one thousand eight hundred and
thirty four, entitled "An act to incorporate the Albemarle Rail
Road Company," which act was confirmed by the legislature of
Virginia, on the twelfth day of February, one thousand eight hun-
dred and thirtyfive, upon condition that the said Albemarle Rail
Road should intersect " the Portsmouth and Roanoke Rail Road,"
at such point thereof, at or near Suffolk, as should be selected by
the president and directors of the Portsmouth and Roanoke Rail
Road Company, and upon such terms as they should deem expe-
dient ; which location or conditions defeated the intentions of the
said act, and prevented any further progress therein, than that of
opening books of subscription at Edenton, Suffolk and Norfolk,
for one hundred days, as required by the act, but at which places
not a share was subscribed. And whereas it is further represented
to this assembly, that a number of the citizens of the counties of
Chowan, Perquimons, Pasquotank and Camden, in this State, and
of the borough of Norfolk, in the State of Virginia, are still de-
sirous to construct a similar rail road, provided it shall pass through
the said counties, and terminate in the borough of Norfolk ; and,
for the accomplishment of so desirable an object, have pledged
themselves by subscribing for large sums of money, have already
had the route of the road surveyed, and will immediately com-
mence its construction on being invested with the same powers
and privileges which were granted to the Albemarle Rail Road
Company, or with others of similar import :

Be it therefore enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful to open books in the town of Edenton, under
the direction of James C. Johnson, Joseph B. Skinner, Joseph
H. Skinner, Joshua Skinner, Charles W. Mixon, James Norcom,
Sen., or a majority of them ; and in the borough of Norfolk, under
the direction of Marshall Parks, George Mcintosh, John N. Taze-
well, Richard H. Chamberlaine, John Cowper, Henry Woodis
and Walter Herron, or any three of them ; and at such other places
and under the direction of such other persons, as the commission-
ers herein named, or any three of them, shall designate and ap-
point, for the purpose of receiving subscriptions to the amount of
four hundred and fifty thousand dollars, to be divided into shares
of fifty dollars each, to constitute a joint capital stock for the pur-
pose of making a rail road from the town of Edenton, in this State,
to the borough of Norfolk, in the State of Virginia ; the sub-
scriptions already made for the purposes aforesaid, being held and

HOREOLK AND EDENTON RAIL ROAD.

considered as so much of the capital stock of this company, to
construct the rail road from Edenton to Norfolk, and being placed
on the same footing as those which may, hereafter be made.

2. The time and places of receiving such further subscriptions,
shall be advertised in such manner as the commissioners before
named may direct ; and the books for receiving the same shall, be
kept open thirty days ; and should it appear at the expiration of
the thirty days, that more than the requisite sum shall have been
subscribed for upon the books, including the subscription already
made for this object, it shall be the duty of the commissioners, or
any three of them, to reduce the number of shares subscribed for
by each individual or body corporate, in fair and equal proportions,
until the whole number of shares be reduced to ninety thousand :
Provided, that no reduction shall be made on subscriptions not ex-
ceeding five shares ; but should the whole amount of stock not be
subscribed for within thirty days, then the books may be kept open
until the whole amount of shares shall have been subscribed : Pro->
vided however, that as soon as three thousand shares shall have been
subscribed, the subscribers are hereby authorized to close the
books ; and they, the subscribers, their heirs, executors, adminis-
trators or assigns, shall be, and they are hereby declared to be in-
corporated into a company, by the name and style of " the Nor-
folk and Edenton Rail Road Company," and in that name may sue
and be sued, plead and be impleaded, and shall possess, and enjoy
all the rights, privileges and immunities of a corporation or body
politic in law or equity, and may make such bylaws, rules and regu-
lations, not inconsistent with the laws of this State or of the United
States, as they may deem necessary, for the well ordering and con-
ducting the affairs of said company..

3. Be it further enacted, That upon every share subscribed,
there shall be paid by the person subscribing, the sum of one dol-
lar, to the commissioners authorized to receive the subscriptions,
the persons having already subscribed being subject to the same
conditions ; and the residue thereof shall be paid in such instal-
ments and at such times, as the president and directors of the com-
pany may require. The said commissioners, and all persons holding
money paid on subscriptions of stock, shall forthwith, after the
election of president and directors for said company, pay over all
moneys in their hands belonging to the company ; and upon failure
thereof, the president and directors may recover the amount due
from them, or any one or more of them, by motion, on ten days'
previous notice, in writing, in the superior or county court of any
county wherein such commissioner or commissioners, their execu-
tors or administrators may reside.

4. Be it further enacted, That when three thousand shares or
more of the stock shall be subscribed, public notice may be given
by any three or more of the commissioners, who shall call a general
meeting of the subscribers, giving thirty days' public notice in some
newspaper printed in Edenton and Norfolk, of the time and place
of said meeting. To constitute any such meeting, a number of
persons entitled to a majority of votes upon all shares subscribed,

371

372

NORFOLK AND EDENTON RAIL ROAD.

shall be present, either in person or by proxy ; and should a suffi-
cient number not attend, those present shall have power to adjourn
from time to time, until a majority of the shares subscribed shall
be represented. The meeting shall then proceed, a majority of
the stock being represented, to elect a president and six directors,
who shall hold their office until the next annual meeting of the
stockholders, and until their successors in office shall be appoint-
ed, subject, nevertheless, to the provisions hereafter mentioned.
An annual meeting of the stockholders of said company shall be
held at such time, in each year, as the stockholders, in their first
general meeting, may appoint ; at which the election of president
and directors shall take place in like manner as above ; and when
a vacancy may occur, by death, resignation or otherwise, the va-
cancy shall be filled, for the time being, by the remaining presi-
dent and directors ; or if the presidency be vacant, the directors
may fill as above. Any two or more directors may have power,
m the absence of the president, to appoint one of their body president
pro tempore and transact business : Provided always, the majority
of votes representing shares in said company, given at any time
against any president or directors of said corporation, shall vacate
his office or appointment; and shall also have power to fill such
vacancy until the next annual meeting of the stockholders. Any
one or more stockholders, owning one thousand shares, may, at
any time, require the president and directors to convene a general
meeting of the stockholders, on giving thirty days' public notice,
specifying the object of such meeting.

5. Be it further enacted, That the president and directors of
said company shall be, and they are hereby invested with all the
rights and powers necessary for the construction, repair and main-
taining a rail road to be located as aforesaid, with as many sets of
tracts as they or a majority of them, may deem necessary and pro-
per to be made ; also to construct all works whatsoever, which
may be necessary and expedient, in order to the proper comple-
tion of the rail road. The said president and directors of the
company shall have power to make contracts with any person or
persons for any work to be done upon or for the said road, in
such manner, and under such rules and regulations, as they may
deem proper ; and all such contracts and agreements, made by the
company or their legal agents, with any person or persons, shall
be binding on the individual or individuals making them, and also
on the company. The president and directors shall have power
to call on all the stockholders for a due and equal proportion of
the amount subscribed by them to the capital stock of said com-
pany, in such sums, and at such times, as they, the president and
directors, may deem proper and right, by giving one month's no-
tice oi such call in some newspaper circulating among the sub-
scribers. The president and directors shall have power to appoint
a treasurer, clerk and all other officers that they may deem necessary
and proper, to aid and assist in managing and prosecuting said work,
and to fix their compensation, and take such bonds, with security for
the performance of duty, as they may prescribe. If any stockholder

NORFOLK AND EDENTON RAIL ROAD. 373

or subscriber shall fail to pay the sum required of him by the presi-
dent and directors, or a majority of them, within one month after
the same may have been advertised in some newspaper, it shall
and may be lawful for the president and directors, or a majority
of them, to sell at public auction, and to convey to the purchaser,
the share or shares of such stockholders so failing or refusing, giv-
ing one month's public notice of the time and place of sale, in manner
aforesaid ; and after retaining the sum due and all charges of sale,
out of the proceeds thereof, to pay the surplus over to the former
owner or his legal representative ; and if the said sale shall not
produce the sum required to be advanced, with the incidental
charges attending the sale, then the president and directors, or a
majority of them, may recover the balance of the original proprie-
tor or his assignee, or the executor or administrator, or either of
them, by motion, on ten days' notice, before the court of that
county of which he is an inhabitant, or by warrant before a justice
of such county ; and any purchaser of the stock of the company
under the sale of the president and directors, shall be subject to
the same rules and regulations as original subscribers to the capital
stock of the said company.

6. Be it further enacted, That the president and directors,
their officers, servants, agents and contractors, shall have full pow-
er and authority to enter upon all lands and tenements, through
which they may think it necessary to make the said rail road, and
to lay out the same according to their pleasure, so that neither the
dwelling house, yard or garden of any person be invaded without
his or her consent. If the president and directors cannot agree
with the owner of the lands on the terms upon which the rail road
shall be opened through it, it shall be lawful for them to apply to
the court of the county in which the land lies ; and upon such
application, it shall be the duty of the court to appoint five dis-
creet, intelligent, disinterested and impartial freeholders to assess
the damages to such land which will result from opening the said
rail road through it. No such appointment shall however be made
unless ten days' previous notice, in writing, of the application shall
have been given to the owner of the land, or to the guardian, if
the owner be an infant, or non compos mentis, if such owner or
guardian can be found within the county ; and if he cannot be
found, then such appointment shall not be made, unless notice of
the application shall have been published at least one month in
some public newspaper. A day for the meeting of the freeholders,
to perform the duties assigned them, shall be designated in the or-
der appointing them ; and any one or more of them attending on
that day, may adjourn from time to time, until the business shall
be finished. Of the five freeholders so appointed, any three or
more of them may act, after having duly sworn or solemnly affirm-
ed, before some justice of the peace, that they will impartially and
justly, to the best of their ability, ascertain the damages, which
will be sustained by the proprietor of the land, from the opening
of the said rail road through the same, and that they will certify
their proceedings thereupon to the court of the said county.

374 NORFOLK AND EDENTON RAIL ROAD.

7. Be it jurther enacted, That it shall be the duty of the said
freeholders, in pursuance of the order appointing them, to assem-
ble on the land through which the rail road is to be opened ; and
after viewing the same, and hearing such proper evidence as either
party may offer, to ascertain, according to their best judgment,
the damages which the owner of the land will sustain by opening
the rail road through the same. In performing this duty, they shall
consider the proprietor of the land as being the owner of the whole
fee simple interest ; they shall take into consideration the quantity
and quality of the land which the rail road will occupy, the addi-
tional fencing and gates that will be required thereby, and all other
inconveniences which will result to the said land from the opening
of the said rail road, and shall combine therewith a just regard to
the advantages which the owner of the land will derive from open-
ing the rail road through the same.

8. Be it further enacted, That when the said freeholders shall
have agreed upon the amount of the damages, they shall forthwith
make a written report of their proceedings, under their names and
seals, in substance as followeth : " We, freeholders,
appointed by order of the court of , for the purpose of
ascertaining the damages which would be sustained by ,
the proprietor of certain lands in said county, through which the
Edenton and Norfolk Rail Road Company propose to open a rail
road, do hereby certify that wre met together on the day of

, the day appointed for that purpose by the said order, (or
the day to which we wTere regularly adjourned from the day appoint-
ed for our meeting by the said order, as the case may be,) and
that, (first having duly sworn or affirmed) and having viewed the
premises, we proceeded to estimate the quality and quantity of the
land aforesaid which would be occupied by the said rail road, the
quantity of additional fencing or gates which would probably be oc-
casioned thereby, and all other inconveniences which seemed to
us likely to result therefrom to the land ; that we combined in
these considerations, as far as we could, a just regard to the ad-
vantages which would be derived by the proprietor of the land
from the opening of the aforesaid rail road through the same ; that
under the influence of these considerations, we have estimated and
do assess the damages aforesaid at the sum of dollars.

Given under our hands and seals, this day of ." At

the foot of the report so made, the magistrate before whom the
said freeholders were sworn or affirmed, shall make a certificate,
in writing, in substance as followeth : " county, to wit.

T, , a justice of the peace for the said county, hereby certi-

fy that the above named freeholders, before they executed their
duties as above certified, were solemnly sworn (or affirmed) before
me that they would impartially and justly, to the best of their abil-
ity, ascertain the damages which would be sustained by the above
named from the opening of the above mentioned rail road

through his (or her) land ; and that they would certify truly their
proceedings thereupon to the court of the said county. Given un-
der my hand day of ." The report of the freeholders

NORFOLK AND EDENTON RAIL ROAD.

so made, together with the certificate of the magistrate aforesaid,
shall be forthwith returned by the said freeholders to the court of
said county ; and unless good cause be shown against the report,
it shall be confirmed by the court and entered on record ; but if
the said report should be disaffirmed, or the said freeholders, una-
ble to agree, should report their disagreement, the court may, at
its own discretion, as often as may be necessary, supersede them,
or any of them appoint others in their place, and direct another
view and report to be made in the manner above prescribed. On
the confirmation of any such report, and on the payment or tender
of payment of said damages in court, when, for good causes shown,
the court shall so have ordered it, the president and directors shall
be at liberty in the mean time to open the said rail road upon the
ground viewed and assessed by the freeholders aforesaid : Pro-
vided always, that either party dissatisfied with the sentence, or-
der or decree of the county court, may appeal therefrom to the
superior court of said county.

9. Be it further enacted, That whenever it shall be necessary
to subject the land of individuals to the use of said company, in
opening and constructing said rail road through the same, and the
consent of the proprietor or proprietors cannot be obtained, it shall
be lawful for the president and directors of the said company, and
for their superintendents, agents, contractors, laborers and servants,
to enter upon such lands, and proceed in opening and constructing
the said rail road through the same. The pendency of any pro-
ceedings in court or before assessors or valuers, to ascertain the
damages that will be sustained by the proprietor or proprietors of
such lands, from opening and constructing the said rail road through
the same, shall in no manner hinder or delay the progress of the
said work. In the mean time, no order shall be made and no in-
junction shall be awarded by any court or judge, to stay the pro-
ceedings of the company in the prosecution of their works, unless
it be manifest that they, their officers, agents or servants are trans-
cending the authority given them by this act, and that the interpo-
sition of the court is necessary to prevent injury that cannot be
adequately compensated in damages : the true intent and meaning
of this act being, that all injury that may be done to any land,
without the consent of the proprietor or proprietors thereof, by
opening and constructing the said rail road through the same, over
and above the advantages of the said rail road to such proprietor or
proprietors, shall be fully and completely compensated for in dama-
ges, when ascertained as aforesaid ; if they be not paid to the party
or parties entitled to the same or into court, by the company, dur-
ing the term at which the report shall be confirmed, the clerk of
the said court at any time after the adjournment of the court, on
the application of the party or parties entitled to the said damages,
or his or their attorney, shall issue an execution for the amount of
such damages against the said company, which may be legally
issued against a corporation on a judgment for money.

10. Be it further enacted, That if the said president and direc-
tors shall not obtain the consent of the proprietor or proprietors of

375

376 NORFOLK AND EDENTON RAIL ROAD.

any land through which they may propose to open and construct
said rail road, and shall not apply to the said county court and pro-
cure assessors or valuers to be appointed as before directed, within
forty days from the time the said president and directors, their
superintendents, agents, contractors, laborers or servants shall
commence opening and constructing the said rail road through
such land ; then it shall be lawful for the proprietor or proprietors
of said land, at any time previous to an appointment of valuers by
the said president and directors, giving the said president and
directors ten days' previous notice, by serving the same on the
president or any one or more of the directors, to apply to the said
county court ; and upon such application, it shall be the duty of
the said court to make the appointment of assessors or valuers, as
before directed, who shall be qualified in the same manner, and
shall, upon the same principles, and in the same manner, in all
respects, proceed to assess and report to the court the damages
that will result to the proprietor or proprietors of such land, as if
they had been appointed on the motion of the said president and
directors ; and the said court shall proceed upon the said report,
and confirm or set aside the same, and appoint other assessors or
valuers in all respects as if the same had been made by assessors
or valuers appointed on the motion of the said president and direc-
tors ; and if the said president and directors shall not pay the pro-
prietor or proprietors of such lands, or into court, the damages
assessed, during the term of the court, on the like application, the
clerk shall issue the like execution, for the amount of the damages,
against said company.

11. Be it further enacted. That all machines, wagons, vehicles
and carriages purchased as aforesaid with the funds of the company,
or engaged in the business of transportation on said rail road, and
all the works of the said company constructed, or property ac-
quired under the authority of this act, and all profits which shall
accrue from the same, shall be vested in the respective stockhold-
ers of the company forever, in proportion to their respective shares ;
and the same shall be deemed personal estate, and shall be exempt
from any public charge or tax whatsoever, for the term of fifteen
years ; and thereafter the legislature may impose a tax not ex-
ceeding twelve and one half cents per annum, per share, on each
share of the capital stock, whenever the annual profits thereof shall
exceed six per cent.

12. Be it further enacted, That the said president and directors,
for the purpose of making the said rail road, or of repairing the
same after it shall have been made, shall also be at liberty, by
themselves, their officers, agents and servants, at any time, to
enter upon any adjacent lands, and to cut, quarry, dig, take and
carry away therefrom, any wood, stone, gravel or earth which
they may deem necessary : Provided, however, that they shall not,
without the consent of the owner, take any timber, gravel, stone
or earth constituting any part of any fence or building. For all
wood, stone, gravel or earth, taken under the authority of this act,
or for incidental injuries done to enclosures, crops, woods or

NORFOLK AND EDENTON RAIL ROAD. 377

grounds, in taking or carrying away the same, the said president
and directors shall make to the owners a fair and reasonable com-
pensation, to be ascertained, if the parties cannot agree, by any
three impartial, disinterested and intelligent freeholders, who, being
appointed for that purpose by any justice of the peace thereto re-
quired by the owner, shall be sworn or affirmed by the justice,
and then shall ascertain the compensation, upon their own view,
for the wTood, stone, gravel or earth taken, and for the injury done
as aforesaid, in taking them : Provided hoiccver, that it shall be the
duty of the said proprietors to show to the justice of the peace to
whom application is made, that ten days' previous notice of the
time of making the same, has been given to the president or the
principal superintendent of the said rail road ; and no award which
may be given under any appointment, without such notice, shall
be obligatory or binding on said company.

13. Be it further enacted, That whenever, in the construction
of said rail road, it shall be necessary to cross or intersect any es-
tablished road or way, it shall be the duty of the said president
and directors so to construct the said rail road across any other
road or way already established by law, as not to impede the pas-
sage or transportation of persons or property thereon ; and when
it shall be necessary to pass through the land of any individual, it
shall also be their duty to provide for such individual proper wag-
on ways across the said rail road, from one part of his land to the
other.

14. Be it further enacted, That thje.said president and directors
shall have power to purchase, with the funds of the said company,
and place on said rail road, all machines, locomotives, engines,
cars, wagons, vehicles, carriages and teams of any description
whatever, which they may deem necessary for the purpose of
transportation. All machines, locomotives, engines, cars, wagons,
vehicles, carriages and teams purchased as aforesaid, and the works
and buildings constructed under authority of this act, and all profits
which shall accrue from the same, shall be vested in the respec-
tive share holders of the company forever in proportion to their
respective shares.

15. Be it further enacted, That so soon as the rail road
shall be completed, or any ten miles thereof, the president and di-
rectors shall be entitled to demand and receive on the same, the
following rates of toll, to wit : on persons, not exceeding six cents
per mile, for each person, unless the distance which any person
be transported be less than ten miles, in which case the president
and directors may be entitled to make an extra charge of fifty
cents for taking up and putting down each person so transported :
on all goods, produce, merchandise or commodity of any de-
scription whatsoever, a sum not exceeding twelve cents per ton
per mile : for the transportation of the mail, such a sum as they
may agree for with the agents of the government : That they shall
furthermore be entitled to demand and receive for the weighing,
storage and delivering of produce and other commodities, rates not
exceeding the ordinary warehouse rates, charged in the seaports

vol. ii. 48

878 NORFOLK AND EDENTON RAIL ROAD.

in this State, or in the State of Virginia, until the net profits re-
ceived shall amount to a sura equal to the capital stock expend-
ed, with six per cent, per annum interest thereon, from the time
the money was advanced by the stockholders, until received back
in the net profits ; but when the net profits received as aforesaid,
by the tolls aforesaid, shall amount to a sum equal to the capital
stock expended, with six per cent, interest thereon, then the toll
which the said president and directors shall be entitled to demand
and receive as aforesaid, shall be fixed and regulated from time to
time by the president and directors, so as to make them sufficient,
in their estimation, to yield a net profit of fifteen per cent, per an-
num on the capital stock invested in said road, and the construc-
tions connected with it, and the cost of the locomotive engines,
cars, carriages and other vehicles, and the renewal and repairs of
the same. It shall be the duty of the said company to transport
all produce and other commodities, which may be delivered at any
place of deposit, established by said company, according to the
order of time in which the same maybe received, so as to do equal
justice to all and give preference to no one. The company, how-
ever, will not be bound to transport any produce or other com-
modities, unless the owner thereof shall pay or tender to the said
company, at their toll gate or gates, the tolls due upon such com-
modities under this act.

16. Be it further enacted, That it shall be lawful for the said
president and directors, and they are hereby authorized to erect
toll gates at any point or points on the line of their rail road.

17. Be it further enacted, That in counting all the votes of the
said company, each member shall be allowed one vote for each
share as far as ten shares, and two votes for every five shares above
ten, by him held at the time in the stock of the said company.
The presence of the proprietors entitled to a majority of all the
votes which could be given by all the stockholders, shall be neces-
sary (in all meetings of the stockholders,) either in person or by
proxy, properly authorized. If a sufficient number to constitute
a majority do not attend on any day appointed for the general meet-
ing, the proprietors who do attend may adjourn from time to time,
until a general meeting shall be formed, consisting of a majority of
the stockholders.

18. Be it further enacted, That the president and directdrs
shall render distinct accounts of their proceedings and disburse-
ments of money, to the annual meeting of the subscribers.

19. Be it further enacted, That so soon as the said rail road
shall be completed, or any ten miles thereof, the president and di-
rectors of the said company may demand proportionable tolls, and
shall semiannually declare and make such dividends of the net
profits of the tolls herein granted, as they may deem advisable, to
be divided among the proprietors of the stock of the said company,
in proportion to their respective shares.

20. Be it further enacted, That if any toll gatherer, at any toll
gate to be erected under the authority of this act, shall ask, de-
mand or receive any other or greater toll than herein allowed, he

NORFOLK AND EDENTON RAIL ROAD. 379

shall forfeit and pay to the party aggrieved thereby, ten dollars for
every such offence, recoverable with costs by warrant before any
justice of the peace ; and if such toll gatherer, being at the time
of incurring such penalty in the service of the company, shall be
unable to pay the judgment awarded against him, the said company
shall be liable to pay the same.

21. Be it further enacted, That if the said president and di-
rectors shall not begin the said work within two years after the
passage of this act, or shall not complete the same within five years
thereafter, then the interest of the said company in the said rail
road, and the tolls aforesaid, shall be forfeited and cease.

22. Be it further enacted, That the said president and direc-
tors shall cause to be printed, certificates for shares of stock in the
said company, and shall deliver one certificate, signed by the presi-
dent and secretary, to each person for the shares subscribed by
him, which certificate shall be tranferable by him, subject however
to all payments due or to become due ; and such assignee, having
first caused the transfer or assignment to be entered in a book of
the company, to be kept for that purpose, shall thenceforth be-
come a member of that company, and shall be liable to pay all
sums due, or which may become due on the stock assigned to him :
Provided however, that such assignments shall in no case exempt
the assignor or his representatives from their liability to the said
company, for the payment of all such sums, if the assignee or his
representatives shall be unable or shall fail to pay the same.

23. Be it further enacted, That it shall be lawful for the said
company to purchase lands, tenements and hereditaments, from the
proprietors, or from the corporation of any town, within or through
which the said road may pass, at each point of termination, or at
any intermediate point of said road, in the vicinity thereof,, not ex-
ceeding ten acres, to be used by them for all necessary purposes
of said rail road, or to be disposed of by them when they shall
deem it proper.

24. Be it further enacted, That if any person or persons shall
wilfully and by any means whatsoever, injure, impair or destroy
any part of the rail road, or any of the necessary works, buildings,
machines, wagons, vehicles or carriages, belonging to the said
company, he, she or they shall forfeit and pay to the company five
times the actual damages so. sustained, to be sued for, and recov-
ered with full costs before any tribunal having cognizance of the
same, by action of debt, in the name and for the use of the said
company.

25. Be it further enacted, That if any person or persons shall
wilfully, and with evil intent, place, or cause to be placed on the
aforesaid line of the said rail road, any obstruction or impediment,
so as to jeopardize the safety and endanger the lives of persons
travelling on said road, be, she or they shall be deemed guilty of
an indictable misdemeanor, and, upon conviction thereof, in either
the county or superior court of the county in which such offence
may have been committed, shall be punished by fine and imprison-
ment, or either, at the discretion of the court.

380

NORFOLK AND EDENTON RAIL ROAD.

26. Be it further enacted, That if the capital stock of the compa-
ny hereby incorporated, shall be found insufficient for the purposes
of this act, it shall and may be lawful for the president and direc-
tors, having first obtained the sanction of a majority of the company
to increase the said capital stock, from time to time, to an amount
not exceeding five hundred thousand dollars, by the addition of
new stock, having first given twenty days' public notice, that the
individual stockholders at the time being, or their legal represen-
tatives, may have the option of taking such additional shares, in
proportion to the amount of stock held by them respectively ; af-
ter which, if necessary, books of subscription shall be opened in
J^denton and Norfolk, when the new subscribers for such addi-
tional shares of the capital stock are hereby declared to be thence-
forward incorporated in the said company, with all the privileges
and advantages, and subject to all the liabilities of the original
stockholders.

27. Be it further enacted, That the president and directors
and company shall have power to borrow money for the objects of
this act, and to issue certificates or other evidence of such loan,
and to make the same convertible into stock of the company at the
pleasure of the holder, provided that the capital stock shall not be
increased thereby to an amount exceeding five hundred thousand
dollars ; and to pledge the property of the company for the pay-
ment of the same and its interest : Provided, that no certificate of
loan convertible into stock, or creating any lien or mortgage on the
property of the company, shall be issued by the president and
directors, unless the expediency of making a loan on such terms,
and of issuing such certificates, shall have first been determined on
at a general meeting of the stockholders, by two thirds of the votes
which could be legally given in favor of the same.

28. Be it further enacted, That this act and every part and
provision of the same, shall be subject to be altered, amended, or
modified by any future legislature, as to them shall seem necessary
and proper, except so much thereof as prescribes the rates of
compensation or tolls for the transportation of produce and other
commodities, allowed to the said company, and the rate allowed
for the transportation of passengers : And provided also, that the
right of property acquired by the said company, under this act,
shall not be taken away or impaired by any future legislature.

29. Be it further enacted, That it shall not be lawful for any
other company, or person or persons whatever, to travel upon or
use the road of said company, or to transport persons or property
of any description along the said rail road, without the license or
permission of the president and directors of said company : Pro-
vided, that the State reserves to itself or to any company to be
incorporated by its authority, the right and privilege to connect
with the road hereby authorized, any other road leading from, to
or across this to any part or parts of the State, so that in forming
such connection no injury shall be done to the work of the com-
pany hereby incorporated.

30. Be it further enacted, That this company may exercise the

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

corporate powers hereby granted for the term of ninety years, and
no longer, unless by renewal of the charter.

31. Be it further enacted, That this act shall be in force from
and after its passage by the General Assembly of North Carolina
and the legislature of Virginia.

381

ROANOKE, DANVILLE AND JUNCTION
RAIL ROAD.

AN ACT TO INCORPORATE THE ROANOKE, DANVILLE AND JUNC-
TION RAIL ROAD COMPANY.

(Passed at the session of 1S35-)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall and may be lawful to open books in the town of War-
renton, under the direction of Peter R. Davis, James Summer-
ville, Robert Stamper, Daniel Turner, Dr Joseph W. Hawkins,
and Henry Fittz. At Oxford, under the direction of Rhodes N.
Herndon, Joseph H. Bryan, William M. Sneed, James Cooper,
and Thomas T. Hunt. At Hillsborough, under the direction of
William Cain, Jun., James S. Smith, Harrison Parker, Gabriel B.
Lea, Michael Holt, and John Caruthers. At Yanceyville, under
the direction of William A. Lea, George Williamson, James Kerr,
Paul Harralson, Stephen Dodson, and Quinton Anderson. At
Greensborough, under the direction of Judithan Harper Lindsay,
Daniel Clapp, Moses H. Mendenhall, Eli Smith, Abraham Jeron,
and Henry Humphreys. At Roxborough, under the direction of
Stephen M. Dickerson, John Barnett, William L. Allen, Portius
Moore, Alexander Cunningham, James L. Webb, John W. Wil-
liams, and Alexander Gordan. At Salem, under the direction of
Emanuel Shober, John C. Blum, Charles F. Bagge, Frederick
H. Shuman. At Rockford, under the direction of Peter Cling-
man, Meshack Franklin, Matthew W. Hughes, John Weight and
Daniel W. Courts. At Lexington, under the direction of John
A. Hogan, James Wiseman, William R. Holt, Absalom Williams,
John Smith, Evander Mclver, and John Lee. At Salisbury,
under the direction of Thomas J. Cowan, Maxwell Chambers,
John Murphey, William F. Kelley, Robert McNamara, William
Chambers, and James Martin, Jun. At Wentworth, under the
direction of Thomas Settle, Robert Martin, William A. Carrigan,
John Lawson, and William Barnett. At Statesville, under the
direction of Theophilus Falls, William F. Cowan, James Camp-
bell, Joseph Chambers, Thomas M. Young. At Ashborough,
under the direction of Benjamin Elliott, Jonathan Worth, Hugh
McCain, George Hoover, and Elisha Coffin ; and at Danville,
under the direction of George Towns, B. W. S. Cabell, William

382 ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

Linn, Thomas Rawlins, John Ross, Robert Williams, Thomas
Hoge, James L. Denney, George Braghead, Thompson Cole-
man, Robert Ross, William P. Jones, James M. Williams, John
C. Cabniss, John Price and John Dickerson ; and at such other
places, and under the direction of such other persons as any three
of the last named commissioners, or a majority of them, may
order, appoint and direct, for the purpose of receiving subscrip-
tions to the amount of two millions of dollars, in shares of one
hundred dollars each, to constitute a joint capital stock, for the
purpose of making a rail road, from a point intersecting the Peters-
burg and Roanoke, the Portsmouth and Roanoke, and the Greens-
ville and Roanoke rail roads ; or to such other points, on either
side of the Roanoke river, as may best secure to the proposed
route, all the advantages of said roads through Danville, to some
point within or near the town of Evansham, in the county of
Wythe, and state of Virginia ; and for the purpose of extending
the same, should the company hereby incorporated, at the com-
mencement of the work, or at any time afterwards, deem it advi-
sable to do so, from its point of termination, within or near
Evansham, to the Tennessee line. The times and places for re-
ceiving subscriptions above, shall be advertised in the manner
deemed most proper by the commissioners ; and the books for
receiving the same, shall be kept open for twenty days ; and should
it, at the expiration of twenty days appear that more than two mil-
lions of stock shall have been subscribed for upon the books, it
shall be the duty of the said commissioners, or any five of them
named for the town of Danville, to reduce the number of shares
subscribed for by each individual, in fair and equal proportions, until
the whole number of shares shall be reduced to twenty thousand.
Provided, that no reduction shall be made upon subscriptions not
exceeding two shares ; but should the whole amount of twenty thou-
sand shares not be subscribed for, at the end of twenty days, then
the books shall be kept open until the whole amount of twenty thou-
sand shares shall have been subscribed for. Provided however,
that as soon as three thousand shares shall have been subscribed,
and the company incorporated, the books shall thereafter be opened
under the direction of the president and directors.

2. Be it further enacted, That at the expiration of twenty days
after the books are opened, should there be three thousand shares
or more subscribed upon the books, then the subscribers, their
heirs, executors, administrators and assigns shall be, and they are
hereby declared to be incorporated into a company, under the name
and style of the Roanoke, Danville and Junction Rail Road Com-
pany ; and in that name may sue and be sued, plead and be im-
pleaded ; and shall possess and enjoy all the rights, privileges,
and immunities of a corporation or body politic in law, and may
have and use a common seal, which they shall have power to alter
or renew at their pleasure ; and may make all such bylaws and
regulations, as bodies politic and corporate are allowed to make
within this State, not inconsistent with the constitution and laws of

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

the land, that may be necessary for the well-ordering and governing
of the said corporation.

3. Be it further enacted, That upon every share subscribed,
there shall be paid, at the time of subscribing, by the persons sub-
scribing, the sum of two dollars to the commissioners authorized
to receive the subscriptions ; and the residue thereof shall be paid
in such instalments, and at such times, as the president and direc
tors of the company may require. The said commissioners, and
all persons holding money paid on subscriptions of stock, shall
forthwith, after the election of president and directors for said
company, pay over all moneys in their hands belonging to the
company ; and upon failure thereof, the president and directors
may recover the amount due from them, or any one or more of
them, by motion on ten days previous notice in writing, in the
superior or county court, of any county wherein such commissioner
or commissioners, their executors or administrators, may reside.

4. Be it further enacted, That when three thousand shares or
more of the stock shall be subscribed, public, notice may be given
by any three or more of the commissioners named for the town of
Danville, who shall call a general meeting of the subscribers at the
town of Danville, giving thirty days notice in some one or more of
the newspapers, having, in their opinion, the greatest circulation in
the section where the subscribers live, at such time as they may
name in such notice. To constitute any such meeting, a number
of persons, representing a majority of all the votes that can be
given upon all the shares subscribed for, shall be present, or repre-
sented by proxy ; and should a sufficient number not attend, those
present shall have power to adjourn from time to time, until a
majority of the shares subscribed shall be represented ; those
meeting shall then proceed, a majority of the stock being repre-
sented, to elect a president and five directors, who shall hold their
office until the next annual meeting of the stockholders, and until
their successors in office shall be appointed, subject, nevertheless,
to the provisions hereinafter mentioned. Annually, a general meet-
ing of the stockholders shall be called at such place as a majority
of the stockholders, in general meeting, shall prescribe, at which
the election of president and directors shall take place ; and where
a vacancy shall occur by death, resignation, or otherwise, the
vacancy may be filled for the time being, by the remaining presi-
dent and directors ; or if the presidency be vacant, the directors
may fill as above. Any three or more of the directors may have
power, in the absence of the president, to appoint one of their own
body president pro tempore, and transact business : Provided
always, that the proprietors of one fourth part of the stock of said
company may, at any time, call a general meeting of the stock-
holders ; and such meeting, so called, shall have power to remove
any president or director, and to fill any vacancy occasioned by
such removal ; but no president or director shall be removed,
unless a number of votes, representing a majority of shares of
stock in said company, shall be given against him.

5. Be it further enacted, That the president and directors of

383

384

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

said company, shall be, and they are hereby invested with all the
rights and powers necessary for the construction, repair, and main-
taining a rail road, to be located as aforesaid, with as many sets of
tracks as they or a majority of them may deem necessary and
proper to be made ; also, to make and construct all works, what-
soever, which may be necessary and expedient, in order to the
proper completion of the rail road. The said president and direc-
tors of the company shall have power to make contracts with any
person or persons, for any work to be done upon or for the said
road, in such a manner, and under such rules and regulations, as
they may deem proper and right ; and all such contracts and agree-
ments made by the company, or their legal agents, with any per-
son or persons, shall be binding on the individual or individuals
making them, and also on the company. The president and di-
rectors shall have power to call on all the stockholders, for a due
and equal proportion of the amount subscribed by them to the
capital stock of said company, in such sums, and at such times, as
they (the president and directors) may deem proper and right, by
giving one month's notice of such call, in one or more newspapers
printed in the states of North Carolina and Virginia. The presi-
dent and directors shall have power to appoint a treasurer, clerk,
and all other officers that they may deem necessary and proper, to
aid and assist in managing and prosecuting said work, and to fix
their compensation ; and to take such bond, with security, for
performance of duty, as they may prescribe.

If any stockholder shall fail to pay the sum required of him by
the president and directors, or a majority of them, within one
month after the same shall have been advertised in one of the news-
papers published as aforesaid, it shall and may be lawful for the
president and directors, to sell at public auction, and to convey to
the purchaser, the share or shares of such stockholder, so failing
or refusing, giving one month's previous notice of the time and
place of sale in manner aforesaid ; and after retaining the sum due,
and all charges of the sale out of the proceeds thereof, to pay the
surplus over to the former owner, or to his legal representative ;
and if the said sale shall not produce the sum required to be ad-
vanced, with the incidental charges attending the sale, then the
president and directors may recover the balance of the original
proprietor or his assignee, or the executor or administrator of either
of them, by motion on ten days' notice before any court having
jurisdiction thereof, and any purchaser of the stock of the com-
pany, under the sale of the president and directors, shall be sub-
ject to the same rules and regulations as the original proprietor
was. The president and directors, their officers, agents and ser-
vants shall have full power and authority to enter upon all lands
and tenements, through which they may judge it necessary to make
the said rail road, and to lay out the same according to their plea-
sure, so that neither the dwelling house, yard or garden of any
person be invaded without his consent. If the president and di-
rectors cannot agree with the owner of the lands, upon the terms
on which said railroad shall be opened through it, it shall be lawful for

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD. 385

them to apply to the court of the county in which the land lies,
and upon such application, and petition in writing, it shall be the
duty of the court to appoint five discreet, disinterested and impar-
tial freeholders, to assess the damages to such land which will re-
sult from opening the rail road through it. No such appointment,
however, shall be made unless ten days' previous notice in writing
of the application shall have been given to the owner of the land,
or to the guardian, if the same be an infant or non compos mentis,
if such owner or guardian can be found within the county — or if
he cannot be so found, then such appointment shall not be made
unless notice of the application shall have been published at least
one month in some public newspaper published in Raleigh. A
day for the meeting of the freeholders to perform, the duties as-
signed them, shall be designated in the order appointing them ;
and any one or more of them attending on that day, may adjourn
from time to time, until the business shall be finished. Of the five
freeholders so appointed, any three or more of them may act,
after having been sworn or solemnly affirmed before some justice
of the peace, that they will impartially and justly, to the best of
their ability, ascertain the damages and costs which will be sus-
tained by the proprietor of the land from opening said rail road
through the same, and that they will truly certify their proceed-
ings thereupon, to the court of the said county.

6. It shall be the duty of said freeholders, in pursuance of the
order appointing them, to assemble on the land through which the
rail road is to be opened, and after viewing the same, and hearing
such witnesses who may be qualified before- a justice of the peace
as either party may offer, to ascertain, according to their best
judgment, the damages which the owners of the land will sustain
by opening the rail road through the same. In performing this
duty, they shall take into consideration the quality and; quantity of
the land which the rail road will occupy, the additional fencing or
gates which will be required thereby ; and all other inconveniences
which will result to the said land from opening the said rail road,
and shall combine therewith a just regard to the advantages which
the owner of the land will derive from opening the rail road through
the same.

7. When the said freeholders shall have agreed upon the amount
of damages and costs, they shall forthwith make a written report
of their proceedings, under their hands and seals, in substance as
followeth : " We freeholders, appointed by order of the
court of for the purpose of ascertaining the damages
which would be sustained by the proprietor of cer-
tain lands in said county, through which the Roanoke, Danville
and Junction Rail Road Company propose to open a rail road, do
hereby certify that we met together on the land aforesaid, on the

day of , the day appointed for that purpose,

by the said order, (or the day to which we were regularly adjourn-
ed from the day appointed for our meeting by the said order, as
the case may be,) and that having been first duly sworn or affirm-
ed, and having viewed the premises, we proceeded to estimate the
vol. ii. 49

386 ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

quantity and quality of the land aforesaid, which would be occu-
pied by said rail road, the quantity of additional fencing or gates
which would probably be occasioned thereby, and all other incon-
veniences which seemed to us likely to result therefrom to the said
land. That we combined with these considerations, as far as we
could, a just regard to the advantages which would be derived by
the proprietor of the said land, from opening of the aforesaid rail
road through the same ; that under the influence of these consider-
ations, we have estimated and do hereby assess the damages afore-
said at the sum of dollars . Given under our hands
and seals this day of ."At the foot of the report
so made, the magistrate before whom the said freeholders were
sworn or affirmed, shall make a certificate in substance as follow-
eth : " county, to wit : I, , a justice of the
peace for said county, do hereby certify, that the above named free-
holders, before they executed their duties as above certified, were
solemnly sworn (or affirmed) before me, that they would impar-
tially and justly, to the best, of their ability, ascertain the damages
which would be sustained by the above named from the
opening of the above named rail road through his land, and that
they would certify truly their proceedings thereupon to the court
of said county. Given under my hand this day of ."

The report of the freeholders so made, together with the certifi-
H cate of the magistrate aforesaid, shall be forthwith returned by the
freeholders to the court of said county ; and unless good cause ! e
shown against the report, it shall be affirmed by the court and en-
tered on record. But, if the said report should be disaffirmed, or
the said freeholders being unable to agree, should report their
disagreement, or if from any other cause they should fail to make
a report within a reasonable time after their appointment, the court
may at its own discretion, as often as may be necessary, supersede
them or any of them, appoint others in their stead, and direct
another view and report to be made in the manner above prescribed.
On the affirmance of any such report, and on payment, or tender
of payment of said damages into court, when for good causes
shown, the court shall have so ordered it, the president and direc-
tors shall be at liberty to open the said rail road, upon the ground
viewed and assessed by the freeholders aforesaid.

8. Whenever it shall become necessary to subject the lands of
individuals to the use of the said company, in opening and con-
structing the said rail road through the same, and the consent of
the proprietor or proprietors cannot be obtained, it shall be lawful
for the president and directors of the said company, and for their
superintendents and agents, contractors, laborers and servants, by
order of said company, to enter upon such lands and proceed in
opening and constructing the said rail road through the same. The
pendency of any proceedings in court, or before assessors or valu-
ers, to ascertain the damages that will be sustained by the proprie-
tor or proprietors of such land, from opening and constructing the
said rail road through the same, shall, in no manner, hinder or
delay the progress of said work. The true intent and meaning of

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

this act being, that all injury which may be done to any land, with-
out the consent of the proprietor or proprietors thereof, by open-
ing and constructing the said rail road through the same, over and
above the advantages of the said road, to the proprietor or propri-
etors of such land, shall be fully and completely compensated for
in damages when ascertained by a confirmation of the report of the
assessors or valuers by the respective county courts ; if they be not
paid to the party or parties entitled to the same, or into the court
by the company, during the term at which the report shall be con-
firmed, the clerk of the court, shall at any time after the adjourn-
ment of the court, on the application of the parties entitled to the
said damages, or his or their attorney, issue execution for the
amount of the said damages, against the said company.

9. Be it further enacted, That the president and directors, for
the purpose of making the said rail road, or of repairing the same
after it shall have been made, shall also be at liberty, by them-
selves, their officers, agents or servants, at any time to enter upon
any adjacent lands, and to cut, quarry, dig, take, and carry away
therefrom, any wood, stone, gravel or earth, which they may deem
necessary. Provided however, that they shall not, without the
consent of the owner, cut down any fruit tree or trees preserved in
any lot or field for shade or ornament, nor take any timber, gravel,
stone or earth, constituting any part of any fence or building. For
all wood, stone, gravel or earth, taken under authority of this act j
and for all incidental injuries done to the enclosures, crops, woods
or grounds, in taking or carrying the same away, the said president
and directors shall make the owner, a fair compensation ; to be
ascertained, if the parties cannot agree, by any three impartial and
disinterested freeholders, who being appointed for that purpose by
any justice of the peace thereto required by the owner, shall be
sworn or affirmed by the justice, and shall then ascertain the com-
pensation upon their own view, for the wood, stone, gravel or
earth taken, and for the injury done as aforesaid in taking them, of
all which proceedings the president or chief engineer of the com-
pany shall have at least five days' notice in writing, and either
party dissatisfied with their award thus made, may take an appeal
to the next court of pleas and quarter sessions of the county where
the land lies.

10. If the president and directors of the said company shall not
obtain the consent of the proprietor or proprietors of the land,
through which they propose to open and construct the said rail road,
and shall not apply to the county court to procure assessors or
valuers, to be appointed to ascertain the damages which will re-
sult to the proprietor or proprietors of any land from opening and
constructing the said rail road through the same, within forty days
from the time the said president and directors, their superinten-
dents, agents, contractors, laborers or servants, shall commence
opening and constructing the said rail road through such land, then
it shall be lawful for the proprietor or proprietors of such land, at
any time previous to an application for the appointment of valuers
being made by the said rail road company, giving the said company

387

388 ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

ten days previous notice in writing by serving the same on the
president or any one or more of the directors of the said company,
or principal officer, to apply to the said county court ; and upon
such application, it shall be the duty of the said county court,
to appoint five discreet, disinterested and impartial freeholders to
assess the damages that will result to the proprietor or proprietors
of such land, from opening and constructing said rail road through
the same; who shall be qualified in the same manner, and shall up-
on the same principle, and in the same manner in all respects, pro-
ceed to assess and report to the court the damages that will result
to the proprietor or proprietors of such land, by opening and con-
structing the said rail road through the same as if they had been
appointed on motion of said company, and the said court shall pro-
ceed upon the said report, and confirm or set aside the same, and
appoint other assessors or valuers, in all respects, as if the same
had been made by assessors or valuers appointed on motion of the
said company, and if the said company shall not pay to the pro-
prietor or proprietors of such land, or into the said court, the dam-
ages assessed, during the term of the said court, at which the re-
port thereof shall be confirmed, and at any time after the adjourn-
ment of the court, on the like application, the clerk shall issue ex-
ecution for the amount.

11. Whenever in the construction of the rail road, it shall be
necessary to cross or intersect any established road or way, it shall
be the duty of the president and directors, of said company, so to
construct the said rail road across any road or way, already or here-
after to be established by law, as not to impede the passage or
transportation of persons or property along the latter, and where
it shall be necessary to pass through the land of any individual, it
shall also be their duty to provide for such individual, proper wag-
on ways across the said rail road.

12. The said president and directors, or a majority of them,
shall have power to purchase, with the funds of the said company,
and place on the said rail road, constructed by them under this
act, all machines, wagons, vehicles, carriages and teams of any
description whatsoever, which they may deem necessary or proper
for the purpose of transportation.

13. All machines, wagons, vehicles, and carriages, purchased
as aforesaid, with the funds of the company, and all their works
constructed under the authority of this act ; and all profits which
shall accrue from the same, shall be invested in the respective
stockholders of the company forever, in proportion to their re-
spective shares, and the same shall be deemed personal estate, and
shall be exempt from any public charge or tax whatsoever.

14. So soon as a section of ten miles of the said rail road shall
be completed, and as often thereafter as any other section of like
length shall be completed, the said president and directors shall
transport all produce or other commodities that shall be deposited
convenient to said rail road, and which they shall be required to
transport, to any point to which the said rail road may have been
completed, in the order in which the company shall be required to

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD. 389

transport the same, after it shall have been deposited conveniently
to the said rail road, so that equal and impartial justice shall be
done to all the owners of produce or other commodities, in the
transportation thereof by the company : Provided, that the owner
of the produce or other commodities required to be transported by
the said company on the said rail road, shall pay or tender to the
said company at their depot, the toll due on such produce or other
commodities under this act, and it shall be lawful for the president
and directors of the said company, and they are hereby authorized
to erect on such section or Sections, or depot or depots, and they
shall be entitled to demand and receive a sum not exceeding twelve
and a half cents per ton, on two thousand pounds per mile, for
transporting produce or other commodities thereon, and for each
passenger a sum not exceeding eight cents per mile, until the net
profits received, shall amount to a sum equal to the capital stock
expended, with fifteen per cent, per annum interest thereon from
the time the money was advanced by the stockholders, until received
back in the net profits ; but when the net profits received as afore-
said by the tolls aforesaid, shall have amounted to a sum equal to
the capital stock, expended as aforesaid, with fifteen per cent, per
annum interest thereon as aforesaid, then the toll which the said
president and directors, shall be entitled to demand and receive
for the transportation of produce or other commodities on the said
rail road, shall be fixed and regulated from time to time, by the
president and directors of said company, so as to make them suf-
ficient in their estimation, to yield a net profit equal to fifteen per
cent, per annum on the capital stock expended in making and com-
pleting said rail road, over and above what may be necessary for
the repairs and renewal of the same. The president and directors
of said company shall, at the end of each year, report to the legis-
lature a statement shewing the whole amount of capital stock
expended in this State, in the construction of the said rail road,
the amount of tolls received each year, the expenses and charges
incurred during each year, and the net annual profits or loss on the
capital stock expended.

15. That each stockholder in the said company, shall be entitled
to one vote for each share not exceeding two shares, one vote for
every two shares above two, and not exceeding ten, and one vote
for every five shares above ten, by him held at the time in the stock
of the company : Provided however, that no stockholder, whether
an individual, body politic or corporate, shall be entitled to more
than sixty votes on any amount of the capital stock of the said
company, held by him, her or them.

16. The president and directors shall render distinct accounts
of their proceedings and disbursements of money to the annual
meeting of the stockholders.

17. So soon as the first ten miles of the said rail road shall be
completed, the president and directors of the said company, or a
majority of them may declare and make such dividend of the net
profits from the toils herein granted, as they may deem advisable to
be divided among the proprietors of the stock of the said company

390 ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

in proportion to their respective shares, and so on for each ten
miles so completed.

18. After the said rail road shall be completed and put into ope-
ration, if the said president and directors shall by reason of the
said rail road being out of repair, or from any other cause fail or
neglect to transport any produce or other commodities which
shall be deposited conveniently to said rail road, and which the
said president and directors shall be required to transport as afore-
said, the toll for the transportation being tendered, as a penalty for
such failure or neglect the company shall be liable to the action of
the party injured by such failure or neglect : Provided, it shall
not be required of such president and directors to transport more
produce or other commodities or passengers than the cars or other
vehicles of the company in ordinary use are capable of conveying
when in good order.

19. And if any toll gatherer at any depot to be erected by
authority of this act, shall ask, demand or receive any other or
greater tolls than are herein allowed, he shall forfeit and pay to the
party aggrieved thereby, twenty dollars for every such offence,
recoverable with costs by warrant before any justice of the peace,
and if such toll gatherer being at the time of incurring such pen-
alty, in the service of the company, shall be unable to pay the
judgment thereupon recovered against him, the said company shall
be liable for the same.

20. If the president and directors shall not begin the said work
within five years after the passage of this act, or shall not com-
plete the same, or one track within twenty years thereafter, then
the interest of the said company in this charter so far as respects
the unfinished part of the route shall be forfeited and cease.

21. The president and directors shall cause to be written or
printed, certificates for the shares of the stock in said company,
and shall deliver one such certificate signed by the president, and
countersigned by the treasurer, to each person for every share sub-
scribed by him, which certificate shall be transferable by him, sub-
ject however to all payments due, or to become due thereon, and
such assignee having first caused the transfer or assignment to be
entered in a book of the company, to be kept for that purpose,
shall thenceforth become a member of said company, and shall be
liable to pay all sums due upon the stock assigned to him : Pro-
vided however, that such assignment shall in no wise exempt the
assignor or his representatives, from their liability to the said com-
pany for the payment of all such sums as were due at the time of
the assignment, if the assignee or his representatives shall be una-
ble or shall fail to pay the same.

22. If the president and directors or a majority of them cannot
agree with the proprietors for the purchase and sale of any such
quantity of ground not exceeding ten acres at any one place, as may
be necessary for the accommodation of a depot or a house to cov-
er any stationary machine, engine, or for cars, stables, warehouses
or offices, or any other use which the convenience of the rail road
may require, it shall and may be lawful for the said president and

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD. 391

directors to enter upon the land under the same restrictions, and
on the same conditions as are herein before provided, upon which
proceedings the land may be condemned, and upon payment of the
value found by the assessors or valuers to the owner or proprietor
of the land so condemned and located, or upon payment thereof
into court when for good cause the court shall have ordered it, the
said president and directors and their successors shall be and stand
seized of the ground so condemned and located in fee simple.

23. Be it further enacted, That it shall be lawful for the said com-
pany to purchase lands from the proprietors at the point of com-
mencement, or at any section or termination of said rail road or
its vicinity, not exceeding twenty acres at any one point, to be
used by them for all necessary purposes of said rail road, or to be
disposed of when by them it shall be deemed proper.

24. If any person or persons shall wilfully by any means what-
soever injure, impair or destroy any part of any rail road, construct-
ed under this act, or any of their necessary work buildings, machines,
wagons, vehicles or carriages, such person or persons shall be
punished according to the law which may be in force in this State
at the time for the protection of the public works or property of
the State, and shall be liable moreover to thrice the amount of all
damages which the said company may thereby sustain.

25. It shall not be lawful for any other company or person or
persons whatsoever, to travel upon or use the road of said com-
pany, or to transport persons or property of any description along
the said road, without the license or permission of the president or
directors of said company ; and nothing herein contained, shall be
so construed, to prevent said company from making contracts for
the transportation of the mail upon such terms as may be agreed
on between said company and the agents of the United States, or
to oblige them to carry the mail as common freight.

26. Be it further enacted, That the president and directors of
said company, at any time when the stockholders in general meet-
ing shall or may direct, may, and they are hereby empowered to
borrow money for, and on behalf of the company, for the purpose
of carrying into effect the provisions of this charter, to issue cer-
tificates or other evidence of such loans, and make the same con-
vertible into stock for the company at the pleasure of the holder.
Provided, That the capital stock shall not thereby be increased to
an amount exceeding three millions of dollars ; and to pledge the
property of the company for the payment of the same, with its
interest ; or it shall and may be lawful for the president and direc-
tors of said company, or a majority of them, from time to time to
increase the said capital stock, to an amount not exceeding three
millions of dollars, by the addition of as many shares as they may
deem necessary : first giving to the individual stockholders, for
the time being, or their legal representatives, the option of taking
such additional shares, in proportion to the amount of stock
respectively held by them ; and opening books of subscription in
the town of Danville, and in such other place or places, as is, or
are herein prescribed for the original stock of the company, for

392 ROANOKE, DANVILLE AND JUN'CTION RAIL ROAD.

any balance of stock created, which may not be taken by the
stockholders for the time being, or in their behalf ; and the sub-
scribers, for the additional shares of the capital stock in the said
company, are hereby declared to be thenceforward incorporated
into the said company with all the privileges and advantages, and
subject to all liabilities of the original stockholders.

27. Be it further enacted, That the State of North Carolina,
by agents acting under its own authority, or by any company here-
tofore or hereafter incorporated for such purpose, may enter the
Roanoke, Danville and Junction Rail Road, at any point whatso-
ever, with any other rail road from the waters of the Yadkin.
Provided, that the said rail road shall not run in the general direc-
tion of the rail road hereby incorporated ; and all passengers,
produce, and commodities, which either company may convey to
the point of connection, shall be reciprocally received and trans-
ported, at the same rate of tolls charged for commodities, produce,
and passengers, conveyed from any other point on said roads.

28. Be it further enacted, That if any person or persons shall
wilfully or wantonly remove or disturb any constructions of said
rail road, or shall wilfully or wantonly put or place any obstructions
to the vehicles on the constructions of said rail road, as that the
regular passage of the vehicles may be interrupted thereby, such
person or persons, if on conviction thereof in the superior court of
law, in the county where the same may happen, shall be punished
with fine and imprisonment, at the discretion of the court ; and if
slaves, they shall be subject to trial before a magistrate, and pun-
ished as in other cases of misdemeanor : Provided nevertheless,
that if death shall ensue from any wilful, wanton and malicious
removal or disturbance of the constructions aforesaid, or from any
wilful, wanton and malicious putting and placing of obstructions on
said rail road, each person or persons so offending shall be deemed
guilty of murder, and upon conviction thereof shall suffer death
without benefit of clergy.

29. Be it further enacted, That the written consent of any own-
er or proprietor of any lands through which the said rail road is to
be constructed, showing their agreement to the same, shall be as
valid and effectual to give the same powTer to, and authority
over the lands covered by the said rail road, and over all lands
which the said company have a right to be possessed of by pur-
chase, condemnation or otherwise, as if the same had been con-
veyed by deed of bargain and sale, or condemned by commission-
ers or valuers, appointed under the authority of an act entitled An
act to incorporate the Roanoke and Yadkin Rail Road Company
as aforesaid, and although the said lands may belong to femes covert,
the signing of such assent by her and her husband, shall be as con-
clusive and as effectual against her as though she had been a feme
sole, and their assent be binding and conclusive, though it be signed
and given before the company was formed.

30. Be it further enacted, That nothing contained in the act to
which this is an an amendment, or this act, shall prevent the presi-
dent and directors from appointing an agent or agents at any place

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD.

whatsoever, which to them shall seem proper and necessary for
the purpose of transferring stock, paying dividends, or receiving
instalments.

31. Be it further enacted, That in order to prevent the frequent
crossing of established roads or ways, the said president and di-
rectors be, and they are hereby authorized to change the road at
points where they may deem it expedient to do so, and that for en-
tering upon or taking of any lands which may be necessary therefor,
they shall be and are hereby authorized to proceed under the pro-
visions of this act, as in the case of the land condemned for the
rail road : Provided, that previous to making any such change,
the said company shall make and prepare a road equally good with
the part or portion of the road proposed to be substituted ; but
nothing herein contained shall be so construed, as to make it in-
cumbent on the company to keep in repair the part or portion of
any road, which they may have changed as aforesaid.

32. Be it further enacted, That should the said president and
directors deem it advisable to construct bridges, which may be ne-
cessary on the line of their rail road, of sufficient width to admit the
passage of common roads as well as their rail road over the same,
they shall be, and are hereby authorized to demand and receive
from all and every person, and for every wagon or carriage, and
for every four or two wheeled conveyance, and for all beasts of
burden, sheep or hogs passing the same, such rates of toll as may
appear to them fair and reasonable, subject to the revision and re-
gulations of the court of the county in which any bridge or bridges
may be built.

33. Be it further enacted, That neither the State of North
Carolina, nor the State of Virginia, shall within the period of thirty-
six years from the first day of January, in the year one thou-
sand eight hundred and thirtysix, authorize the construction of
any rail road within ten miles of the rail road so to be construct-
ed by the Roanoke, Danville and Junction Rail Road Company,
and which shall run in or parallel therewith, without the consent of
the said company : Provided, that nothing herein contained shall
be so construed as to prevent the construction or intersection with,
or crossing of the Yadkin Rail Road, nor shall any thing herein
prevent the Milton and Salisbury Rail Road Company, or any
other rail road which may be constructed by any company here-
after incorporated, from crossing or intersecting the said road on a
level or otherwise : Provided, that they shall not thereby obstruct
the free passage of the Roanoke, Danville and Junction Rail Road.

vol. ii. 50

393

394 LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

LOUISVILLE, CINCINNATI AND CHARLES-
TON RAIL ROAD.

AN ACT TO INCORPORATE THE CINCINNATI AND CHARLESTON
RAIL ROAD COMPANY.*

(Passed at the session of 1835.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That for the purpose of establishing a communication, by rail road,
between the cities of Cincinnati, in the State of Ohio, and Charles-
ton, in the State of South Carolina, through the States of Ken-
tucky, Tennessee, North Carolina and South Carolina, the forma-
tion of a company, to be called "the Cincinnati and Charleston
Rail Road Company," is hereby authorized ; which, when formed,
shall have corporate existence in perpetuity in each of the states
aforesaid.

2. Books for subscriptions, for sixty thousand shares of the cap-
ital stock of the said company, of one hundred dollars each, shall
be opened on the third Monday in October next, and shall be kept
open for sixty days, between the hours often o'clock in the morn-
ing and four o'clock in the evening, of each of those days, at the
following places, and by the following commissioners, viz : At
Charleston and Columbia, and such other places in the State of
South Carolina, and by three such commissioners, at each of the
said places, as the legislature, or the governor of the said state shall
designate and appoint. At Ashville, Lincolnton and Rutherfordton,
and such other places in the State of North Carolina, and by three
such commissioners, at each of the said places, as the legislature,
or governor of the said last mentioned state shall designate and ap-
point. At Knoxville, Jonesborough and Newport, and at such
other places in the State of Tennessee, and by three such com-
missioners in each of the said places, as the legislature, or governor
of the said last mentioned state shall designate and appoint : At
Lexington, Frankfort, Louisville, Waynesville, Paris and Rich-
mond, and such other places in the State of Kentucky, and by
three such commissioners at each of the said places, as the legis-
lature, or governor of the said last mentioned state shall designate
and appoint. At Cincinnati, in the State of Ohio, by Daniel
Drake, E. D. Mansfield and John S. Williams, and at such other
places, by three such commissioners, at each of said places, as
the governor of the said last mentioned state may designate and
appoint. At Lawrenceburgh, and such other places in the State
of Indiana, and by three such commissioners, in each of said
places, as the governor of the last mentioned state may direct and
appoint.

* The name of this company is changed to that of " The Louisville, Cincinnati and
Charleston Rail Road Company," by the act incorporating the South Western Rail Road
Bank. See ante page 73.

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

3. That the said commissioners, or a majority of them, at each
of the places aforesaid, or so as aforesaid to be designated, shall
receive subscriptions for stock in the said rail road company, during
the times the said books are directed to be kept open ; and on
each share so subscribed, shall demand and receive the sum of five
dollars, without which the subscription shall be void. _

4. That, as soon as the time for receiving subscriptions, so as
aforesaid, shall have expired, the said commissioners shall respec-
tively deposit all the money so received by them, in some incor-
porated bank, redeeming its notes in specie in the State where the
money shall have been received, to the credit of the Cincinnati and
Charleston Rail Road Company ; and shall also forward a correct
list of all the subscribers to the said stock, with the number of
shares each subscriber has taken, to a central commission, to be
composed of the following persons : David L. Swain of Ashe-
ville, Wade Hampton of Columbia, John Williams of Knoxville,
William Dickon of Greenville, Tennessee, and Robert Letcher,
Kentucky ; who, or a majority of whom, shall meet at Knoxville,
on the first Monday in November next, ascertain the whole
number of shares taken in the said company, and publish the same
in some newspaper in each of the cities or towns of Cincinnati,
Frankfort, : Lawrenceville, Knoxville, Raleigh, Columbia and
Charleston, on or before the third Monday of November next ;
and if the number of forty thousand shares shall have been sub-
scribed, on each of which there shall have been paid the sum of
five dollars, the Cincinnati and Charleston Rail Road Company
shall be regarded as formed ; and the said central commission, or
a majority of them, shall sign and seal four duplicate declarations
to that effect, with the names of all the subscribers appended, and
cause one of the said duplicates to be deposited in the office of
secretary of state, in each of the states of Kentucky, Tennessee,
North Carolina and South Carolina, and thenceforth and from the
day of the closingof the books of subscription, as aforesaid, the said
subscribers to the stock shall form a body politic and corporate, in
deed and in law, in all the states aforesaid, by the name and for
the purposes aforesaid.

5. That in case any of the persons forming the said central
commission, shall not attend at Knoxville, on the said first Mon-
day in November next, or attending, shall refuse, or be unable to
act, the remaining member or members of the said central commis-
sion, shall forthwith fill the vacancy ; and the person or persons so
appointed, shall constitute a part of the commission.

6. But if on closing the books aforesaid, the number of forty
thousand shares shall not have been subscribed, then and in that
case, the said central commission, by themselves or their agents,
may receive subscriptions from any of the states of Ohio, Indiana,
Kentucky, Tennessee, North Carolina and South Carolina, and
also from individuals and bodies corporate, till the number of sixty
thousand shares shall have been subscribed : Provided, the same
shall be done on or before the first day of January, one thousand
eight hundred and thirtyseven ; and when the said number of sixty
thousand shares shall have been subscribed, if the same shall be

395

396

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

done on or before the day last aforesaid, on that day if a less num-
ber, but amounting to forty thousand shares or more shall have
been then subscribed, the said subscriptions shall be closed : the
subscribers shall thenceforth form a body corporate as aforesaid,
and the declaration thereof shall be made and deposited in the
offices of the secretaries of state, in manner aforesaid. Subscrip-
tions for -stock received by the said central commission, or their
agents shall be accompanied with the certificate of some specie pay
ingbank in some of the states, that an amount equal to five dollars on
each share subscribed, has been deposited there by the subscriber
to the credit of said company.

7. In casemorethan sixty thousand shares shall have been subscrib-
ed on closing the books when they are first opened, the shares shall be
reduced to that number, by deducting the surplus shares from the
highest subscribers, placing them on an equality of numbers, so far
as can be done ; and after such reduction, the holders of the re-
maining shares shall form the company, and be interested therein,
in proportion to the number of shares which they may then respec-
tively hold. 1

8. If on closing the books on the first day of January, in the
year of our Lord one thousand eight hundred and thirtyseven, the
number of forty thousand shares shall not have been subscribed,
the money paid by each subscriber shall be returned to him, by
one or more of the commissioners who received it, endorsing on
the receipt given for it a check on the bank where it has been de-
posited, which the banks shall be bound to pay only in case the
central commissioners, or a majority of them, shall have published
a declaration, that the formation of the company has failed for the
want of forty thousand shares having been subscribed.

9. The said Cincinnati and Charleston Rail Road Company so
formed as aforesaid, shall have perpetual succession of members,
may have a common seal, may sue and be sued, plead and be im-
pleaded, in any court of law or equity in the States of Kentucky,
1 ennessee, North Carolina and South Carolina ; and may make
all such regulations, rules and bylaws, as are necessary for the gov-
ernment of the corporation, or effecting the object for which it is
created : Provided such regulations, rules and bylaws shall not be
repugnant to the laws and constitution of the said States, or of the
United States.

10. The officers of the said company shall be managed and di-
rected by a general board to consist of twentyfive directors, of
whom three shall be elected from stockholders residing in each of
the said States of Ohio, Kentucky, Tennessee, North Carolina
and feouth Carolina, and the remaining nine shall be elected from
among all the stockholders, without regard to their place of resi-
dence. " r

11. The president of the company shall be elected by the di-
rectors from among their own number, in such manner as the regu-
lations ot the corporation shall prescribe.

12. As soon as the number of forty thousand shares shall have
been subscribed, in manner aforesaid, it shall be the duty of the
commissioners appointed to declare the same, to appoint a time for

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD. 397

the stockholders to meet, at Knoxville in the State of Tennessee,
which they shall cause to be published in one or more newspapers
published in each of the States of Ohio, Indiana, Kentucky, Ten-
nessee, North Carolina and South Carolina, at which time and
place the said stockholders, in person or by proxy, shall proceed
to elect the directors of the company, and to enact all such regu-
lations, rules and bylaws, as may be necessary for the government
of the corporation and the transaction of its business. The per-
sons elected directors at this meeting shall serve for such periods,
not exceeding one year, as the stockholders may direct, and at
this meeting the stockholders shall fix on a day and place or places
where the subsequent elections of directors shall be held ; and
such elections shall thenceforth be annually made. But if the day
of annual election shall pass without any election of directors, the
corporation shall not thereby be dissolved, but it shall be lawful on
any other day to hold and make such election, in such manner as
may be prescribed by a bylaw of the corporation.

13. The board of directors may fill up all vacancies, which may
occur in it during the period for which their board shall have been
elected ; and in the absence of the president, may fill his place by
selecting a president pro tempore.

14. The general board of directors may establish under them a
local board in each of the States of Kentucky, Tennessee, North
Carolina, and South Carolina, to be composed of a president and
eight members ; and may entrust to such local board, so much of
the business and affairs of the company, as by the rules and regula-
tions of the company may be prescribed.

15. All contracts and agreements authorized by the president
and secretary of the general or of a local board, shall be binding
on the company, without seal, or such other modes of authentica-
tion may be used, as the company, by their bylaws, may adopt.

16. The board of directors shall not exceed in their contracts,
the amount of the capital of the corporation, and of the funds which
the company may have borrowed and placed at the disposal of the
board, and in case they shall do so, the president and directors
who may be present at the meeting, at which such contract or con-
tracts so exceeding the amount aforesaid, shall be made, shall be
jointly and severally liable for the excess — both to the contractor
or contractors, and the corporation : Provided, that any one may
discharge himself from such liability, by voting against such con-
tract or contracts, and causing such vote to be recorded in the
minutes of the board, and giving notice thereof to the next general
meeting of the stockholders.

17. That the said company shall have power, and may proceed
to construct as speedily as their means will permit, a rail road,
with one or more tracts, to be used with steam, animal, or any
other power, which shall pass through the states of Kentucky,
Tennessee, North Carolina and South Carolina, so as to form a
continuous line of rail road between the cities of Cincinnati and
Charleston ; the line of which road, shall be established by the
general board of directors, subject to the control of the stockhol-

398 LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

ders at a general meeting. The said company may use any sec-
tion of the said rail road before the whole shall be completed, sub-
ject to the rules hereinafter mentioned.

18. Neither of the said States of South Carolina, North Caroli-
na, Tennessee, nor Kentucky, shall, within the period of thirtysix
years, from the first day of January, in the year one thousand eight
hundred and thirtysix, authorize the construction of any rail road
within twenty miles of the rail road so to be constructed by the
Cincinnati and Charleston Rail Road Company, which shall con-
nect any points or places on their rail road ; or which shall run in
the general direction thereof, without the consent of the said com-
pany.

19. The said company may construct branches of their road :
Provided such branches shall not conflict with any chartered rights
existing at the time of their construction : And provided, that they
shall be attended with no exclusive privileges, except the exclusive
right of transportation of goods, wares, merchandise, produce and
persons thereon, subject to the rules hereinafter mentioned.

20. That the said company shall have the exclusive right of
transportation or conveyance of persons, goods, merchandise and
produce over the said rail road and its branches by them to be
constructed : Provided, that the charge of transportation or con-
veyance, shall not exceed thirtyfive cents per hundred pounds on
heavy articles, and ten cents per cube foot, on articles of measure-
ment, for every hundred miles, and five cents a mile for every pas-
senger : And provided also, that the said company may, when
they see fit, farm out their right of transportation on the said road
or any of its branches, subject to the rules above mentioned.

21. The said company, and every person who may have re-
ceived from them the right of transportation of goods, wares and
produce, on the said road, shall be deemed and taken to be a com-
mon carrier, as respects all goods, wares, merchandise and pro-
duce, entrusted to them for transportation.

22. The general board of directors may call for the payment of
ninetyfive dollars on each share of stock, in sums not exceeding
five dollars, in every sixty days, except that after eighty dollars
have been paid on each share, the remaining twenty dollars may
be called for in two instalments ; which shall be at least sixty days'
apart, or the payments may be called for in smaller sums, and at
more distant periods. The call for each instalment shall be ad-
vertised in one or more newspapers in Cincinnati, Lawrenceburgh,
Lexington, Frankfort, Knoxville, Ashville, Columbia and Charles-
ton, where newspapers shall be published ; and such other places
as may be directed by the rules of the company, at least one month
before the time the same is to be paid, according to the rules of
the company ; and a default of payment of the instalments so call-
ed for as aforesaid, shall induce a forfeiture of the share or shares,
on which default shall be so made, and ail payments thereon ; and
the same shall vest in and belong to the company, and may be
appropriated as they shall see fit.

23. The stock of the said company may be transferred in such

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD. 399

manner and form as may be directed by the bylaws of the com-
pany-

24. The said company may at any time increase its capital to a
sum sufficient to complete the said road and its branches, and
stock it with everything necessary to give it full operation and effect,
either by opening books for new stock, or by selling such new
stock, or by borrowing money on the credit of the company on
the mortgage of its charter and works ; and the manner in which
the same shall be done, in either case, shall be prescribed by the
stockholders at a general meeting.

25. It shall be lawful for the said company, from time to time,
to vest so much or such parts of their capital, or of their profits,
as may not be required for immediate use, until it may be so re-
quired, in the public stocks of any of the States of Ohio, Indiana,
Kentucky, Tennessee, North Carolina, or South Carolina, or of
any incorporated bank in the said States, provided the sum so in-
vested shall at no one time exceed one million of dollars.

26. The board of directors shall once in every year, at least,
make a full report on the state of the company and its affairs, to a
general meeting of the stockholders, and oftener if directed by a
bylaw ; and shall have power to call a general meeting of the
stockholders, when the board may deem it expedient, and the
company may provide in their bylaws for occasional meetings
being called, and prescribe the mode thereof; and the company
may provide by a bylaw for the votes of stockholders for direct-
ors being taken at more than one place, as also for taking their votes
on any question relative to the repeal, alteration or amendment of,
or addition to, any of the rules, regulations, or bylaws of the
company, proposed by the general board of directors.

27. No person but a citizen of the United States, and being a
bona fide stockholder in his own right of at least fifty shares, which
he shall have had at least three months previous to his election,
(except at the first election,) shall be president or director of the
general board ; nor shall any stockholder vote in person, or by
proxy at any general, or other election, (except the first,) who
shall not have had in his own right, the shares on which he offers
to vote at least three months previous to such election.

28. The stockholders may provide by a bylaw, as to the num-
ber of stockholders, and the amount of stock to be held by them,
which shall constitute a quorum for transacting business at any
regular or occasional meeting of stockholders or directors.

29. No member of the general or local board of directors, or
officers, or agents of the company, shall be directly or indirectly
interested in any contract for work ; nor shall any director vote on
the passing of any bill for materials, in which he is directly or in-
directly concerned, nor shall any director, officer, or agent be
interested directly or indirectly in the purchase of any lands, build-
ings, or other property immediately on the line of rail road, or any
branch thereof, without first having offered to the board of direct-
ors in writing the right of pre-emption, to all or any part of such
lands, buildings, or other property, which the said board may think

400 LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

proper to purchase for the use of the company ; and every direct-
or, officer, or agent violating this provision, may be removed from
the board, his office or employment, by vote of the directors, and
every purchase made in violation of this rule shall enure to the
benefit of the company, if the board of directors choose to avail
themselves thereof.

30. Any stockholder in the company may vote by proxy, who
must be a resident citizen of the United States ; and before he
votes, he may be required by a stockholder to swear, that to his
belief the stock bona fide belongs to the person whom he rep-
resents. Before any stockholder votes in his own right, or for
any estates, he may be required by any stockholder to swear, that
he is the bona fide owner of the said stock in his own right, or as
the legal representative of the testator, or intestate, whom he rep-
resents, and that no other person but himself, or the estate is
directly or indirectly interested therein to his belief — any State
holding stock, may vote by such person as the legislature or gov-
ernor thereof may appoint, or as may be appointed in any other
way pursuant to the laws of the State made for that purpose.

31. That in the election of directors, and in voting on all ques-
tions, which may come before a meeting of the stockholders, or
which may be submitted to the decision of the stockholders, in any
other manner, the votes shall be taken according to the following
scale : The owner of one or two shares, shall be entitled to one
vote ; the owner of not less than three, nor more than four shares,
shall be entitled to two votes ; the owner of not less than five nor
more than six shares, shall be entitled to three votes ; the owner
of not less than seven nor more than eight shares, to four votes ;
the owner of not less than nine, nor more than eleven shares to
five votes ; the owner of not less than twelve, nor more than fifteen
shares to six votes ; the owner of not less than sixteen, nor more
than twenty shares to seven votes ; the owner of not less than
twentyone, nor more than twentysix shares to eight votes ; the
owner of not less than twentyseven shares, nor more than thirty-
three shares to nine votes ; the owner of not less than thirtyfour
shares, nor more than forty shares to ten votes ; and the owner of
every ten shares above forty shall be entitled therefor to one vote :
Provided, that no individual corporation, nor state holding stock
in the said company shall be entitled to more than five hundred
votes, and one vote for every fifty shares, over five thousand
shares. Any person being a subscriber or stockholder, who may
offer to vote as a proxy, may be required by any subscriber or
stockholder, to swear that he has no interest directly or indirectly,
in the stock, on which he so offers to vote as proxy. A trustee
of stock shall not vote on shares held by him in trust, expressed
or declared, where the cestui que trust holds other shares, either
in his own name, or in the name of another trustee. But the
cestui que trust may vote on all shares owned by him, whether
legally or equitably, according to the scale aforesaid.

32. The said company may purchase, have and hold, in fee or
for a term of years, any lands, tenements or hereditaments, which

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD. 401

may be necessary for the said road, or any branch, or appurtenance
thereof ; or for the erection of depositories, storehouses, houses
for the officers, servants or agents of the company, or for work-
shops, or foundries, to be used for the said company, or for pro-
curing timber, stone, or other materials necessary to the construc-
tion of the road, its branches or appurtenances, or for effecting
transportation thereon, and for no other purpose whatever.

33. The said company shall have the right, when necessary, to
conduct the said rail road, or any branch thereof, across or along
any public road or water course : Provided, that the said road and
the navigation of such water course shall not be thereby obstructed.

34. The said company may purchase, have and hold any bridge,
or turnpike road, over which it may be necessary to carry the said
rail road ; and when such purchase is made, to hold the said
bridge, or turnpike road on the same terms, and with all the rights,
which belonged to the individuals or corporation, from which such,
purchase may be made : Provided, that the said company shall not
obstruct any public road, without constructing another as conve-
nient as may be.

35. That where any lands, or right of way, may be required by
the said company for the purpose of constructing their road, and
for want of agreement as to the value thereof, or from any other
cause, the same cannot be purchased from the owner or owners,
the same may be taken at a valuation to be made by five commis-
sioners, or a majority of them, to be appointed by any court of
record having common law jurisdiction in the county or district,
where some part of the land, or right of way is situated — and the
said commissioners, before they act, shall severally take an oath
before some justice of the peace, faithfully and impartially to dis-
charge the duty assigned them. In making the said valuation —
the commissioners shall take into consideration the loss or damage
which may occur to the owner or owners, in consequence of the
land being taken, or the right of way surrendered, and also the ben-
efit and advantage he, she or they may receive from the creation or
establishment of the rail road or works ; and shall state particu-
larly the nature and amount of each, and the excess of loss and
damage over and above the benefit and advantage, shall form the
measure of valuation of the said land, or right of way. The
proceedings of the said commissioners, accompanied with a full
description of the said land, or right of way, shall be returned,
under the hands and seals of a majority of the commissioners, to
the court from which the commission issued, there to remain
of record. In case either party to the proceedings, shall appeal
from the said valuation to the next session of the court granting
the commission, and give reasonable notice to the opposite party of
such appeal, the court upon satisfactory proof that the appellant
has been injured by the said valuation, shall order a new valuation
to be made by a jury, who shall be charged therewith in the same
term, or as soon as practicable, and their verdict shall be final and
conclusive between the parties, unless a new trial shall be granted :
and the lands, or right of way, so valued by the commissioners or

VOL. II. 51

402 LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

jury, shall vest in the said company in fee simple so soon as the
valuation may be paid, or when refused may be tendered ; where
there shall be an appeal as aforesaid from the valuation of com-
missioners, by either of the parties, the same shall not prevent
the works intended to be constructed from proceeding : but when
the appeal is made by the company, requiring the surrender, they
shall be at liberty to proceed in their work, only on condition of
giving to the opposite party a bond with good security, to be
approved of by the clerk of the court where the valuation is
returned, in a penalty equal to double the said valuation, condi-
tioned for the payment of the said valuation and interest — in case
the same be sustained, and in case it be reversed, for the payment
of the valuation thereafter to be made by the jury and confirmed
by the court.

36. In the absence of any contract or contracts with the said
company, in relation to lands through which the said road or its
branches may pass — signed by the owner thereof or by his agents,
or any claimant or person in possession thereof, which may be
confirmed by the owner thereof, it shall be presumed that the land
upon which the said road or any of its branches may be construct-
ed, together with a space of one hundred feet on each side of the
centre of the said road, has been granted to the company by the
owner or owners thereof, and the said company shall have good
right and title thereto, and shall have, hold and enjoy the same,
so long as the same may be used only for the purposes of said
road, and.no longer ; unless the person or persons owning the
said lands, at the time that part of the said road which may be on
the said land was finished, or those claiming under him, her, or
them, shall apply for an assessment of the value of the said lands,
as herein before directed, within five years next after that part of
the said road was finished : and in case the said owner or owners,
or those claiming under him, her, or them, shall not apply for such
assessment within five years next after the said part was finished,
he, she or they, shall be forever barred from recovering the said
land, or having any assessment or compensation therefor : Pro-
vided, nothing herein contained, shall affect the right of feme
coverts, infants, idiots, lunatics, persons non compos mentis or
beyond seas, until two years after the removal of their respective
disabilities.

37. All lands not heretofore granted to any person, nor appro-
priated by law to the use of the State, within one hundred feet of
the centre of the said road or its branches, which may be con-
structed by the said company, shall vest in the company so soon as
the line of the road is definitely laid out through it, and any grant
thereafter shall be void.

38. That if any person or persons shall intrude upon the said
rail road, or any branch thereof, or part thereof, by any manner of
use thereof; or of the rights and privileges connected therewith,
without the permission, or contrary to the will of the said company,
he, she, or they shall forthwith forfeit to the said company, all the
vehicles that may be so intruded on the said road, and the same

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD. 403

ma}' be seized by the company or its agents, or recovered by suit
at law, and the person or persons so intruding may be also indicted
for a misdemeanor, and upon conviction, fined and imprisoned by
any court of competent jurisdiction.

39. If any person shall wilfully and maliciously destroy, or in
any manner hurt, damage, or obstruct, or shall wilfully and mali-
ciously cause or aid or assist, or counsel and advise any other per-
son or persons, to destroy or in any manner to hurt, damage,
injure, or obstruct the said rail road, or any branch thereof, or any
bridge or vehicle used for, or in the transportation thereon, such
person or persons so offending shall be liable to be indicted there-
for, and on conviction shall be imprisoned not more than six, nor
less than one month, and pay a fine not exceeding five hundred
dollars, nor less than twenty dollars, at the discretion of the court,
before which such conviction shall take place, and shall be further
liable to pay all the expenses of repairing the same : and it shall
not be competent for any person so offending against the provisions
of this clause, to defend himself, by pleading or giving in evidence,
that he was the owner, or agent or servant of the owner, of the
land where such destruction, hurt, damage, injury or obstruction
was done or caused, at the time the same was caused or done.

40. Every obstruction to the safe and free passage of vehicles,
on the said road or its branches, shall be deemed a public nuisance,
and may be abated as such by any officer, agent or servant of the
company ; and the person causing such obstruction, may be in-
dicted and punished as for erecting a public nuisance.

41. That the said company shall have right to take at the store-
houses, they may establish on, or annex to their rail road, or
the branches thereof, all goods, wares, merchandise and produce
intended for transportation, prescribe the rules of priority, and
charge and receive such just and reasonable compensation for sto-
rage, as they by rules may establish, which they shall cause to be
published, or as may be fixed by agreement with the owner, which
may be distinct from the rates of transportation.

42. The profits of the company, or so much thereof as the gen-
eral board may deem advisable, shall, when the affairs of the com-
pany will permit, be semiannually divided among the stockholders,
in proportion to the stock each may hold.

43. That the capital stock in the said company, the dividends
thereon, and all the property and estates, real and personal, belong-
ing to the said company, shall be forever exempt from taxation, in
each and every of the said states of South Carolina, North Caro-
lina, Tennessee and Kentucky, and it shall not be lawful for either
of the said states, or any corporate municipal police, or other
authority thereof, or of any town, city, county or district thereof,
to impose any tax on such stock or dividends, property, or estates :
Provided, that the said stock or dividends, when the said dividends
shall exceed the legal interest of the State, may he subject to tax-
ation by the State, in common with other money at interest, and
interest thereon.

44. That the following officers, and persons in the actual service

404 LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD.

of the said company, be and hereby are exempt from the perform-
ance of jury and ordinary militia duty, viz : the president of the
general, and local board, the chief and assistant engineers, the sec-
retaries, auditors and accountants of the boards, keepers of the
depositories, guards stationed on the road, to protect it from injury,
not exceeding one man to every five miles, and such persons as
may be working the locomotive engines, and 'travelling with cars
for the purpose of attending to the transportation of goods or pas-
sengers on the road, not exceeding one engineer and his assistant
to each locomotive engine, and one person to each passenger
car, and every five cars for transporting goods.

45. The said company is hereby expressly prohibited from car-
rying on any banking operations — and from effecting any insu-
rance on lives or property, except on goods transported on the
said rail road, or its branches, or in the company's custody for, or
in consequence of, such transportation.

46. And the said company shall be entitled only to such power
and privileges, as shall be granted to it by all the legislatures incor-
porating it, and the power necessary and proper to give them effect,
and shall be subject to all the restrictions and disabilities which
may be imposed on it, by any of the said legislatures by the act
of incorporation, so that the power, privileges and disabilities, may
be similar in all the states of Kentucky, Tennessee, North Caro-
lina and South Carolina.

47. This act shall be inoperative, and void unless acts for a
similar purpose are enacted by the legislature of the states of
South Carolina, Tennessee, Kentucky and Ohio.

48. This. act shall be regarded as a public act, may be given in
evidence as such in all cases without special pleading.

AN ACT TO AMEND THE CHARTER OF THE LOUISVILLE, CINCINNA
TI AND CHARLESTON RAIL ROAD COMPANY.

(Passed at the session of 1836.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the charter of the Louisville, Cincinnati and Charleston Rail
Road Company be, and the same is hereby amended in the follow-
ing particulars, that is to say : three of the twentyfour directors of
the said company shall be elected from stockholders residing in
each of the States of Kentucky, Tennessee, North Carolina and
South Carolina ; and twelve of the said directors may be elected
from the stockholders at large without regard to their place of resi-
dence.

2. That the said Rail Road Company shall be discharged from
all obligations to construct any branches of the said rail road in the
State of Kentucky, or to extend the main road in the said State,
further than from the southern line thereof to Lexington, in the
said State.

NORTH CAROLINA CENTRAL RAIL ROAD. 405

3. That whenever it shall be the unanimous vote of the general
directors residing in any State requiring it, the general board of di-
rectors shall apply the amount subscribed by that State or its
citizens, in the first place, to the construction of such portion of
the said road as may be within the limits of that State.

4. In case the State of Kentucky should not agree to the amend-
ments above proposed, the said Rail Road Company shall be, and
hereby is constituted a body politic and corporate, in the States
of South Carolina, North Carolina and Tennessee, with all the
powers, rights and privileges granted to it by the acts of the legis-
latures of the last mentioned States, incorporating it, discharged
from all obligations to construct any road in the State of Kentucky,
or to have any directors therein, or to have more than twentyone
general directors ; but nothing herein contained, shall be construed
to release the said company from the obligations to extend their
road to the south boundary of Kentucky.

5. Be it further enacted, That the said rail road shall pass up
the valley of the French Broad river, and cross the Blue Ridge,
into Rutherford county, North Carolina.

6. Be it further enacted, That it shall be lawful, and power is
hereby given to North Carolina, or any company incorporated by
her authority, to join the said road, in any of the States where the
said rail road shall be constructed under this charter.

NORTH CAROLINA CENTRAL, RAIL ROAD.

AN ACT TO INCORPORATE THE NORTH CAROLINA CENTRAL RAIL
ROAD COMPANY.

(Passed at the session of 1836.)

Be if enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall be lawful to open books in the town of Beaufort, in
the county of Carteret, under the direction of Jeconias Pigott,
Benjamin Lecraft, James Manney, Bridges Arendell, Elijah
Whitehurst, Elijah Pigott, Peter Pelletier, James Davis, Levi
Oglesby, Isaac Hellen and Francis L. King, or any three of them ;
at Trenton, in the county of Jones, under the direction of Hardy
Bryan, Lemuel H. Simmons, Emanuel Jarman, John H. Ham-
mond, Nathaniel W. Waples, Francis Duvall, Calvin J. Morris,
Charles Gerock, James Brown, James McDaniel, Ilardy O. New-
ton, Jonathan Wood and Owen B. Cox ; at Newbern, under the
direction of John Washington, John H. Bryan, John M. Roberts,
Oliver Dewey, Sen., Hardy B. Lane, John Harris, John M.
Bryan and Abner Hartley ; at Onslow court house, under the di-
rection of William P. F errand, John A. Averett, Daniel Dixon,
F. J. Humphry and Jarvis Marble ; at Kington, in the county of
Lenoir, under the direction of Nathan G. Blount, John C. Wash-

406 NORTH CAROLINA CENTRAL RAIL ROAD.

ington, Needham Whitfield and John P. Durae ; at Kenansvi lie
in Duplin county, under the direction of John E. Hussey, Jere-
miah Pearsall and Stephen Miller ; at Wanesborough, under the
direction of Richard Washington, Jonas Mace, Gabriel Sherrod and
Nicholas Washington ; at Snow Hill, under the direction of Charles
Edwards, Wyatt Moye and James Harper ; at Clinton in Samp-
son county, under the direction of William McKey. R. C. Holmes
and Ollen Mobley ; at Smithfield, under the direction of David
Thompson, Bython Bryan, John McLeod and Josiah Watson ;
at Fayetteville, under the direction of John Huske, Edward L.
Winslow, Charles T. Haigh and Dillon Jordan ; at Raleigh, un-
der the direction of Charles Manly, Western R. Gales, Allen
Rogers, William Roles and Johnston Busbee ; at Pittsborough, in
Chatham county, under the direction of William Albright, Green
Womach and Robert Fawcett ; at Carthage, in Moore county,
under the direction of John Morrison, Samuel C. Bruce and C.
H. Dowd ; at Hillsboro', in Orange county, under the direction
of James Mebane, James S. Smith and James Webb ; at Greens-
borough, in the county of Guilford, under the direction of James
T. Morehead, Jesse H Lindsey and John A. Mebane ; at Ash-
boro', in the county of Randolph, under the direction of W. B. Lane,
Jonathan Reding and Michael Cox ; at Lawrenceville, in the coun-
ty of Montgomery, under the direction of William Harris, James
Gaines and John B. Martin ; at Lexington, in the county of
Davidson, under the direction of William R. Holt, Samuel
Hargrave and Charles L. Payne ; at Louisburg, in the county
of Franklin, under the direction of John D. Hawkins, William
P. Williams and Henry G. Ruffin ; at Oxford, in the county
of Granville, under the direction of John C. Taylor, Robert
B. Gilliam and James Wyche ; at Concord, in Cabarrus county,
under the direction of Keah P. Harris, William Phifer and
Paul Barringer ; at Charlotte, in the county of Mecklenburg,
under the direction of Stephen Fox, James Hutchison and
James Dunn ; at Salisbury, under the direction of Charles
Fisher, Thomas G. Polk, John Clement and Burton Craige ;
at Statesville, in the county of Iredell, under the direction of
Theophilus Falls, Abner Franklin and Joseph W. Stockton ;
at Huntsville, in the county of Surry, under the direction of
Nicholas Williams, Samuel Speir and Samuel Davis ; at Ger-
manton, in the county of Stokes, under the direction of Mat-
thew R. Moore, C. L. Banner and R. D. Golding ; at Wilkes-
borough, in the county of Wilkes, under the direction of James
Wellborn, John Finley and Eli Petty ; at Morganton, in the
county of Burke, under the direction of A. L. Erwin, Thomas
Walton and Robert Pearson ; at Lincolnton, in the county of
Lincoln, under the direction of D. Rienhardt, C. C. Hender-
son and P. Sumner ; at Rutherfordton, under the direction of
Edmond Bryan, Theodore T. Buckett and John Gray Bynum ;
at Jefferson, in the county of Ashe, under the direction of
George Bowers, John Faw and John Ray ; at Asheville, in the
county of Buncombe, under the direction of James W. Patton,

NORTH CAROLINA CENTRAL RAIL ROAD.

John B. Whitesides and James M. Smith ; at Waynesville, in
the county of Haywood, under the direction of William John-
ston, Joseph Catney and Robert Love ; at Burnsville, in the
county of Yancey, under the direction of Bachus J. Smith, John
W. McEllory and Joseph Smith ; at Franklin, in the county of
Macon, under the direction of Jesse R. Siler, John Almon and
James W. Gwyn ; and at such places and under the direction
of such persons, as any three of the commissioners herein be-
fore named to superintend the receiving of subscriptions at
Trenton, shall direct, for the purpose of receiving subscrip-
tions to an amount not exceeding two millions of dollars, to
constitute a joint capital stock for the purpose of effecting a
communication, by a rail road, from some point at Beaufort
Harbor, in the immediate neighborhood of the waters of Beau-
fort Harbor, through or near Newbern ; thence through or
near Trenton, in Jones county ; and thence, westwardly, by
the most convenient and eligible route, through the central parts
of North Carolina, or as near the same as may be deemed ex-
pedient, to the Tennessee line, or as far as may be practicable ;
or from the point of commencement, at or near Beaufort Har-
bor, by the most eligible route, to intersect and unite with the
rail road of the Cape Fear, Yadkin and Pedee Rail Road Com-
pany, at or near the town of Fayetteville ; the route, whichever
may be preferred and adopted, to be determined by the company
hereby incorporated, in a general meeting of the stockhold-
ers. That the said books shall be opened, in each place, at
such time as the commissioners or deputy commissioners shall
and may respectively appoint ; and shall be kept open, at each
place, at least sixty days at a time ; and if it shall appear that
more than the whole amount authorized by this act shall be
subscribed, then it shall be the duty of the commissioners, or a
majority of them, appointed to receive subscriptions at Trenton, to
reduce the number of shares subscribed for, among the subscribers,
in fair and equal proportions, to the amount of stock subscribed for
respectively by each, until the whole number of shares shall be re-
duced to twenty thousand. But if the whole of the shares shall
not be subscribed for within one year from the time books shall be
opened to receive subscriptions, then the books may be closed, or
continued open, as a majority of the commissioners named to re-
ceive subscriptions at Trenton may judge most beneficial, until the
whole number of shares shall be subscribed for. And the time
and place of receiving such subscriptions, as aforesaid, shall be
advertised in one or more newspapers published in the city of
Raleigh, and in the towns of Newbern, Fayetteville and Salisbury.
2. When two thousand shares shall be subscribed in manner
aforesaid, the subscribers, their executors, administrators or as-
signs shall be, and they are hereby declared to be incorporated
into a company, by the name and style of "the North Carolina
Central Rail Road Company," and by that name may sue and be
sued, plead and be impleaded, and shall possess and enjoy all the
rights, privileges and immunities of a corporation, or body politic

408 NORTH CAROLINA CENTRAL RAIL ROAD.

in law ; and may make all such bylaws, rules and regulations, not
inconsistent with the laws or constitution of this State, or of the
United States, as shall be necessary for the well ordering and con-
ducting the affairs of the company.

3. Upon any subscription of stock as aforesaid, there shall be
paid at the time of subscribing, to the person or persons appoint-
ed by this act, or by virtue of this act, to take subscriptions, the
sum of one dollar on every share subscribed ; and the residue
thereof shall be paid in such instalments, and at such times as may
be required by the president and directors of said company. The
said commissioners, and deputy commissioners, shall forthwith,
after the election of a president and directors of the company, pay
over to the said president and directors, all moneys received by
them ; and on failure thereof, the said president and directors may
recover the amount due from them, or from any one or more of
them, by motion, on ten days' previous notice, in the superior
courts, or in the courts of pleas and quarter sessions, or before a
justice of the county in which such commissioner, his executors
or administrators may reside.

4. Be it further enacted, That when two thousand shares or
more of the stock shall have been subscribed, public notice of that
event shall be given by any three or more of the said commission-
ers, appointed to receive subscriptions at Trenton, who shall have
power at the same time, to call a general meeting of the subscrib-
ers, at such convenient place and time, as they shall name in said
notice. To constitute any such meeting, a number of persons
holding a majority of all the shares subscribed shall be present,
either in person or by proxy ; and if a sufficient number to con-
stitute a meeting, do not attend on that day, those who do attend
shall have power to adjourn from time to time, until a meeting
shall be formed.

5. Be it further enacted, That the subscribers, at their general
meeting before directed, and the proprietors of the stock, at every
annual meeting thereafter, shall elect a president and five directors,
who shall continue in office, unless sooner removed, until the next
annual meeting after their election, and until their successors shall
be elected ; but the said president or any of the directors, may at
any time be removed, and the vacancy thereby occasioned be filled
by a majority of the votes given at any general meeting. The
president, with any three or more of the directors, or in the ab-
sence of the president, any three of the directors, who shall ap-
point one of their own body president pro tempore, shall consti-
tute a board for the transaction of business. In case of vacancy
in the office of president or any director, happening from death,
resignation, removal or disability, such vacancy may be supplied by
appointment of the board, or by the proprietors in general meeting.

6. Be it further enacted, That the president and directors of
the said company shall be, and they are hereby invested with all
the rights and powers necessary for the construction, repair and
maintaining of a rail road, to be located as aforesaid, and to begin at
such point, and be prosecuted in such direction as the stockholders

NORTH CAROLINA CENTRAL RAIL ROAD. 409

shall direct, and may cause to be made and constructed all works
whatsoever, which may be necessary and expedient in order to the
completion of said rail road.

7. Be it further enacted, That the president and directors shall
have power to make contracts with any person or persons, on be-
half of the company, for making the said rail road, and performing
all other works respecting the same, which they shall judge neces-
sary and proper ; to call, on an emergency, a general meeting
of the proprietors of the stock, giving one month's notice
thereof, in some newspaper published at the seat of government ;
to appoint a treasurer, clerk and such other officers, and transact
all the business of the company during the intervals of the general
meetings of the same.

8. Be it further enacted, That if any stockholder shall fail to
pay the sum required of him by the president and directors, or a
majority of them, within one month after the same shall have been
advertised in some newspaper published at the seat of government,
it shall and may be lawful for the president and directors, or a ma-
jority of them, to sell at public auction, and to convey to the pur-
chaser, the share or shares of such stockholder so failing or refus-
ing, giving one month's previous notice of the place and time of
sale in manner aforesaid ; and after retaining the sum due, and all
charges of the sale out of the proceeds thereof, to pay the surplus
over to the former owner, or his legal representatives ; and if the
sale shall not produce the sum required to be advanced, with the
incidental charges attending the same, then the president and direc-
tors may recover the balance, of the original proprietor, or his as-
signee, or his executor, or administrator, or either of them, by
motion, on ten days' notice, before the court of pleas and quarter
sessions of the county of which he is an inhabitant, or by warrant
before a justice of said county ; and any purchaser of the stock of
the company, under the sale by the president and directors, shall
be subject to the same rules and regulations as the original proprie-
tor.

9. Be it further enacted, That if the president and directors
cannot agree with the owner of land through which it may be
necessary to make the said rail road, as to the terms upon which
the said rail road shall be opened through the same, then it shall
be lawful for the said president and directors to file their petition
in the court of pleas and quarter sessions of the county wherein the
land lies, under the same rules and regulations as are now pre-
scribed by law in laying off public roads ; and upon the filing of
said petition, the same proceedings shall be had as in cases of
public roads ; and when the jury shall have assessed the damages
to be paid to the owners of the land through which the same shall
be laid off, then it shall be lawful for the said president and direc-
tors, upon paying to the owner or owners of said land, his, her or their
guardian, as the case may be, or into the office of the clerk of the
court of pleas and quarter sessions of the county wherein the land
lies, the sum or sums so assessed, to enter upon the land laid off,
and construct the road thereon ; to make all necessary excavations

vol. ii. 52

410 NORTH CAROLINA CENTRAL RAIL ROAD.

and embankments, and all other structures necessary to the con-
struction and preservation of said road ; and to hold the said land
to their own use and benefit during their corporate existence ; and
in all things to have the same power and authority over said land so
laid off, during their existence as a corporation, as though they
owned the fee simple therein : Provided, that nothing in this act
contained, shall be so construed as to give power to said company
to lay off said road through the yard, garden or burial ground
attached, or appurtenant to the dwelling house on any plantation,
through which it may be deemed necessary to lay off said road,
without the consent of the owner thereof.

10. Be it further enacted. That whenever any wood, gravel,
stone or earth may be wanted for the construction or repairing of
said road, and the president and directors cannot agree with the
owners of the lands adjacent, as to the terms on which they can
procure the same, then it shall be lawful for the president and
directors, by themselves or officers or agents, to enter upon any
adjacent lands, not in a state of cultivation, and take therefrom all
wood, stone, gravel or earth so needed as aforesaid : Provided,
that they shall not, without the consent of the owner, cut down
any fruit trees, or trees preserved in any lot or field for shade or
ornament, or take any timber, gravel or stone constituting any part
of a fence or building ; and where any gravel, stone, wood or
earth shall be so taken as is provided for in this act, it shall and
may be lawful for the owner to file his petition in the court of pleas
and quarter sessions of the county wherein the land lies, from
which said earth, stone, gravel or wood may have been taken, first
giving ten days' notice to said president and directors, their officer
or agent, of the filing of such petition, praying to have a jury sum-
moned to go upon the land and assess the damages he, she, or they
may have sustained thereby ; upon which it shall be the duty of
the court to order a jury as in laying off public roads, which jury
shall go upon the land, and, after being duly sworn to do equal
justice to all parties in assessing the said damages, shall consider
what damages the owners of said land shall have sustained, and,
after assessing the same, shall return their proceedings to the said
court ; and if the court shall approve thereof, the damages so
assessed, together with all costs, shall be paid by the president and
directors ; but if the said court shall not approve thereof, they
shall order another jury to be summoned, who shall proceed in
like manner to assess said damages, and return their proceedings
to said court ; and upon approval thereof by said court, said dam-
ages and costs shall be paid by said president and directors ; and
if said president and directors shall not pay the damages so assessed,
and all costs, execution may issue against them therefor, as against
other corporations : Provided ahvays, that either party, not satis-
fied with the sentence or decree of the county court, may ap-
peal therefrom to the superior court of law for said county.

11. Be it further enacted, That it shall be lawful for said com-
pany to purchase lands, from the proprietors, at any point on said
road, not exceeding ten acres in any one tract, to be used by

NORTH CAROLINA CENTRAL RAIL ROAD. 411

them for all necessary purposes of said road, or to be disposed of
by them when it shall be deemed proper.

12. Be it further enacted, That whenever, in the construction
of said rail road, it shall be necessary to cross or intersect any
established road or way, it shall be the duty of the said president
and directors of said company, so to construct the said road across
such established road or way, as not to impede the passage or
transportation of persons or property along the same ; or where
it shall be necessary to pass through the land of any individual, it
shall also be their duty to provide for such individual, proper
wagon ways across said road or roads, from one part of his land to
the other.

13. Be it further enacted, That the said president and directors,
or a majority of them, shall have power to purchase, with the funds
of said company, and place on the said rail road constructed by
them under this act, all machines, wagons, vehicles, boats, car-
riages and teams of any description whatsoever, which they may
deem necessary and proper for the purposes of transportation.

14. And be it further enacted, That all machines, wagons,
vehicles, boats, carriages, and all other personal property, pur-
chased by said company, or works constructed under the authority
of this act, and all profits which shall accrue from the same, shall
be vested in the respective share holders of the company forever,
in proportion to their respective shares ; and the said shares shall
be deemed personal estate, and the property of the said company,
and the shares therein, shall be exempt from any public charge or
tax whatsoever, for the term of fifteen years ; and thereafter the
General Assembly may impose a tax not exceeding twentyfive
cents per share per annum on the capital stock of the said com-
pany, whenever the net profits thereof shall exceed six per cent,
per annum.

15. Be it further enacted, That so soon as ten miles of said
road shall be completed, and as often thereafter as any other sec-
tion of like length shall be completed, the said president and direc-
tors shall transport all produce or other commodities that shall be
delivered at any place of deposit established by said company on
said road ; and it shall be the duty of the said company to trans-
port the same in the order of time in which such produce and
other commodities shall have been received, so as to do equal and
impartial justice to all : Provided, the owner of produce or other
commodities required to be transported by said company on said
rail road, shall pay or tender to said company, at their toll gate or
gates, the toll due upon such produce or commodities under this
act ; and it shall be lawful for the president and directors of the
said company, and they are hereby authorized to erect, on such
section or sections, a toll gate or gates ; and they shall be entitled
to demand and receive a sum not exceeding the following rates, viz :
on goods, produce, merchandise or property transported, not ex-
ceeding four cents a ton per mile for toll, and eight cents a ton per
mile for transportation : and for the transportation of passengers,
not exceeding six cents per mile for each passenger, until the net
profits received shall amount to a sum equal to the capital stock

412 NORTH CAROLINA CENTRAL RAIL ROAD.

expended, with six per cent, per annum interest thereon, from the
time the money was advanced by the stockholders until received
back in the net profits ; but when the net profits, received as
aforesaid, from the tolls aforesaid, shall have amounted to a sum
equal to the capital stock expended as aforesaid, with six per cent,
per annum interest thereon as aforesaid, then the tolls which the
said president and directors shall be entitled to demand and re-
ceive, for the transportation of produce, or other commodities, on
the said rail road, shall be fixed and regulated from time to time,
by the president and directors, so as to make them sufficient, in
their estimation, to yield a net profit equal to fifteen per cent, per
annum on the capital stock expended in making and completing the
said rail road, over and above what may be necessary for the re-
pairs and renewal of the same. The president and directors shall
report to the stockholders the amount of tolls received during each
year, the expenses and charges incurred during each year, and the
net annual profit or loss on the capital expended ; and it shall not
be lawful for any other company, or person or persons whatsoever,
to travel upon or use the road of said company, or to transport
* persons or property of any description along said road, without the
license or permission of the president and directors of said com-
pany ; and nothing herein contained shall be construed to prevent
the said company from making a contract for the transportation of
the mail, upon such terms as may be agreed on between said com-
pany and the agent of the United States.

16. And be it further enacted, That it shall be lawful for the
company hereby created to receive donations and borrow money
for the object of this act, and to pledge the property of the com-
pany for the payment of such loans, and to make and issue all
proper evidences of such loans, and assurances for repayment
thereof.

17. And be it further enacted, That it shall and may be lawful
for the company hereby created so to construct all such bridges, as
it may be necessary for them to erect for the purposes of their
rail road, as to afford general accommodation to all travellers, and
to demand, and receive, from the persons passing over and using
such bridges a reasonable toll, which shall in no case exceed the
highest rate of toll now allowed by law on any bridges of the
State : Provided however, that no toll shall be demanded for using
said bridge on account of either property or persons passing along
the rail road, and paying tolls therefor ; and if it shall be necessary
for the company, in the selection of the route or construction of the
road by them to be laid out and constructed, to connect the same
with, or to use, any turnpike road, bridge or canal, made or erected
by any company incorporated or authorized by any law of this
State, it shall be lawful for the president and directors of the
company hereby created, to contract with such corporations or per-
sons for the right to use such roads, bridges or canal, or for the
transfer of any of the rights and privileges of such corporations.

18. And be it further enacted, That it shall be lawful for said
company to erect scales at their toll gate or gates, to weigh the

NORTH CAROLINA CENTRAL RAIL ROAD. 413

burthen of any wagon, carriage, machine, or other vehicle, used
in transporting produce or other commodities along said road.

19. And be it further enacted. That an annual meeting of the
proprietors of the stock of the said company shall be held at such
time and at such place, in each and every year, as the stockholders,
at their first general meeting, or at any subsequent general meeting
may appoint ; to constitute which, or any general meeting called
by the president and directors, according to the provisions of this
act, the presence of proprietors holding a majority of all the
shares shall be necessary, either in person or by proxy, properly
authorized ; and if a sufficient number do not attend on that day,
or any day appointed for a general meeting called by the directors
as aforesaid, the proprietors who do attend may adjourn from time
to time, until a general meeting shall be had.

20. And be it further enacted, That in counting all votes of the
said company, each member shall be allowed one vote for each
share as far as ten shares, and one vote for every five shares above
ten, by him held at the time in the stock of the said company.

21. Be it further enacted, That the president and directors
shall render distinct accounts of their proceedings and disburse-
ments of money, to the annual meeting of the subscribers.

22. And be it further enacted, That so soon as the said rail
road shall be completed so far as the company may deem it expe-
dient to extend the same, the president and directors of the said
company, or a majority of them, shall semiannually declare and
make such dividend, from the net profits from the tolls herein
granted as they may deem advisable, to be divided among the pro-
prietors of the stock of said company in proportion to their res-
pective shares.

23. And be it further enacted, That after said railroad shall be
completed and put into operation, if the said president and direc-
tors shall, by reason of the said rail road being out of repair, or
from any other cause, fail or neglect to transport any produce or
other commodities, which shall be deposited convenient to said
rail road, and which the said president and directors shall be re-
quired to transport as aforesaid, the toll for transportation being
tendered, as a penalty for such failure or neglect, the company
shall be liable to the party injured for such failure or neglect.

24. And be it further enacted, That if any toll gatherer, at any
toll gate to be erected by the authority of this act, shall ask, de-
mand or receive any other or greater tolls than are herein allowed,
he shall forfeit and pay to the party aggrieved thereby two dollars,
for every such offence, recoverable, with cost, by warrant before
any justice of the peace ; and if such toll gatherer, being at the time
of incurring such penalty in the service of the company, shall be
unable to pay the judgment recovered against him or her, the said
company shall be liable to pay the same.

25. And be it further enacted, That if the said president and
directors shall not begin the said work within five years after the
passage of this act, or shall not complete fifty miles thereof within

414 NORTH CAROLINA CENTRAL RAIL ROAD.

ten years thereafter, then the interest of said company in the said
rail road and the tolls aforesaid, shall be forfeited and cease.

26. Be it further enacted, That the president and directors
shall cause to be written or printed, certificates for the shares of the
stock in the said company, and shall deliver one such certificate,
signed by the president and countersigned by the treasurer, to each
person for every share subscribed by him ; which certificate shall
be transferable by him, subject however to all payments due there-
on ; and such assignee having first caused the transfer or assign-
ment to be entered into a book, to be kept by the company for
that purpose, shall thenceforth become a member of said company
and shall be liable to pay all sums due, or which shall become due
upon the stock assigned to him : Provided however, that such as-
signment shall in no wise exempt the assignor or his representatives
from their liabilities to the said company, for the payment of all
such sums, if the assignee or his representatives shall be unable or
shall fail to pay the same.

27. And he it further enacted, That if the said president and
directors or a majority of them, cannot agree with the proprietors
for the purchase and sale of any such quantity of ground, not ex-
ceeding one acre at any one place, as may be necessary for a toll
house, or a house to cover any stationary engine, or for any other
necessary purpose, it shall and may be lawful for the president and
directors to file a petition in the court of pleas and quarter sessions
of the county, in which the land lies, against the proprietor of the
land, setting forth the circumstances ; and upon its being made
appear to the satisfaction of such court, that the said president and
directors have caused the proprietor of such land to be notified ten
days before court, the said court shall order the sheriff to summon
a jury of good and lawful men, who, after having taken an oath
(which oath the sheriff or his deputy is hereby authorized to ad-
minister) that they will assess the damages which such proprietor
will sustain by reason of the condemnation of such land, shall as-
sess the amount the petitioners ought to pay to such proprietor ;
and the said jury in assessing such damages shall take into estima-
tion the benefit resulting to said proprietor, from constructing said
rail road or canal through or near the lands of said owner or propri-
etor, but only in extinguishment of damages ; and upon payment of
the value found by the jury, upon any such proceeding, to the
proprietor of the ground so condemned by the jury, or upon the
payment thereof into court, when, for good cause shown, the court
shall have ordered it, the said president and directors and their
successors shall be and stand seized of the ground so condemned
in fee simple.

28. If any person or persons shall wilfully, by any means what-
ever, injure, impair or destroy any part of the rail road, or canal
or canals, constructed by authority of this act, or any of the neces-
sary works, buildings, machines, wagons, vehicles or carriages,
such person or persons shall be punished according to the laws
which may be in force in this State at the time, for the protection
of the public works or property of the State.

SEAT OF GOVERNMENT.

29. And be it further enacted, That the corporation shall exer-
cise the corporate powers hereby granted for ninety years and no
longer, without a renewal of the charter.

30. And be it further enacted, That full right and privilege is
hereby reserved to the State, or to any company hereafter to be
incorporated under the authority of this State, to connect with the
road hereby provided for, any other rail road leading from the main
route to any part or parts of this State : Provided, that in forming
such connection no injury shall be done to the works of the com-
pany hereby incorporated.

31. And be it further enacted, That such compensation shall be
made from time to time, to any of the officers, servants or agents
of the company, as the proprietors in general meeting shall pre-
scribe, or may authorize the president and directors to allow.

415

SEAT OF GOVERNMENT.

ORDINANCE,

For fixing the seat of government of North Carolina.

[Extract from the Journal of the House of Commons, Thursday, December 6, 17S7.]

Resolved, That it be recommended to the people of this
State, to authorize and direct their respective representatives, to
be elected for the purpose of deliberating on the federal constitu-
tion, to fix on the place for holding the future meetings of the Gen-
eral Assembly, and the place of residence of the chief officers of
the State ; which, when fixed, shall be considered the unaltera-
ble seat of government for this State.

By a Convention of delegates of the people of North Carolina,
elected pursuant to a recommendation of the General Assembly
of the said State, and assembled at the town of Hillsborough, on
the twentyfirst day of July, in the year one thousand seven hun-
dred and eightyeight.

AN ORDINANCE FOR ESTABLISHING A PLACE FOR HOLDING THE
FUTURE MEETINGS OF THE GENERAL ASSEMBLY, AND THE
PLACE OF RESIDENCE OF THE CHIEF OFFICERS OF THE STATE.

Whereas, in pursuance of a recommendation of the General As-
sembly, passed on the sixth day of December, one thousand seven
hundred and eightyseven, this convention hath been elected by such

416

SEAT OF GOVERNMENT.

of the inhabitants of this State as are entitled to vote for represen
tatives of the house of commons, for the purpose (together with
that of deliberating and determining on the new constitution of
government for the United States of America, proposed by the
late federal convention) of fixing on the place for holding the fu-
ture meetings of the General Assembly, and the place of residence*
of the chief officers of the State, which place when fixed, is to be
considered the unalterable seat of government for this State :
And whereas this convention, previous to their voting for any
place for the above purposes, did pass a resolution, in the words
following, viz. "Resolved, that this convention will not fix the
government at any one particular point, but that it shall be left at
the discretion of the Assembly to ascertain the exact spot : Pro-
vided ahvays, That it shall be within ten miles of the point or
place determined on by this convention :" And whereas upon a
ballot being taken, pursuant to a resolve of this convention, a ma-
jority of the said contention voted for the plantation whereon
Isaac Hunter now resides, in the county of Wake, as the place at
which, or within ten miles of which, a place for the above purpos-
es should be fixed on by the General Assembly, agreeable to the
above resolution :

Be it therefore ordained by this convention, on behalf of the peo-
ple of the State of JVorth Carolina, and it is hereby ordained by the
authority of the same, That the said plantation whereon the said Isaac
Seat of govern- Hunter now resides, or such place as the General Assembly shall fix
ment fixed. UpQn w^in ten mjies 0f the ggjj plantation, pursuant to the true
intent and meaning of the above recited resolution of this conven-
tion, shall be the place for holding the future meetings of the Gen-
eral Assembly, and the place of residence of the chief officers of
the State, and the unalterable seat of government of this State,
except by the authority of the people in convention met for the
said purpose : Provided always, that until convenient buildings
can be erected on the said place for the said purposes, it shall be
in the power of the General Assembly, from time to time, to ap-
point any other place or places for the meeting of the General
Assembly, and for the residence of the chief officers of the State I
any thing in this ordinance to the contrary notwithstanding.

Ratified in Convention, the fourth day of August, >
Anno Domini 1783. \

Samuel Johnston, President.
By Order,

J. Hunt, Secretary.

SEAT OF GOVERNMENT. 417

AN ACT TO CONFIRM THE PROCEEDINGS OF THE COMMISSIONERS
APPOINTED UNDER AN ACT OF THE LAST GENERAL ASSEMBLY,
ENTITLED, " AN ACT TO CARRY INTO EFFECT THE ORDINANCE
OF THE CONVENTION HELD AT HILLSBOROUGH IN JULY, ONE
THOUSAND SEVEN HUNDRED AND EIGHTYEIGHT, ENTITLED, " AN
ORDINANCE FOR ESTABLISHING A PLACE FOR HOLDING THE
FUTURE MEETINGS OF THE GENERAL ASSEMBLY, AND THE
PLACE OF RESIDENCE OF THE CHIEF OFFICERS OF THE STATE."

Whereas a majority of the commissioners appointed by the Gen-
eral Assembly under the above recited act, to wit : Frederick
Hargett, Willie Jones, Joseph M'Dowell, Thomas Blount, Wil-
liam Johnston Dawson and James Martin, Esquires, in pursuance
of the powers and authorities in them vested, did on the fourth
Monday of April last, purchase of Joel Lane, Esq., one thousand
acres of land for the use of the public, as appears by a deed from
the said Joel Lane to Alexander Martin, Esq., governor for the
time being, for the use of the State, bearing date the fifth day of
April, one thousand seven hundred and ninetytwo, adjoining the
tract whereon the said Joel Lane now lives, at Wake county court
house, and have caused to be laid off thereon the plan of a city, con-
taining four hundred acres of land, and comprehending, besides
streets, two hundred and seventysix lots of one acre each ; which
plan, together with their proceedings at large, they have reported
to this General Assembly :

1. Be it therefore enacted, fyc, That all and singular the pro- Proceedings of
ceedings of the said commissioners relative to the premises, be, sioneT™ratiried.
and the same are hereby recognized, confirmed and ratified, fully

and completely to all, intents and purposes.

2. And be it further enacted, That the plan of a city so laid The plan, &c.
off, and reported to the present General Assembly by the commis- °|e*e Clty rat"
sioners aforesaid, shall be, and the same is hereby received, con-
firmed and ratified, by the name of the city of Raleigh ; and the

several streets represented in the plan, and the public square
whereon the state house is to be built, shall be called and forever
known by the names given to them respectively by the commis-
sioners aforesaid ; which plan, together with the deed for the land
purchased, with a plat thereof annexed, shall be forthwith record-
ed in the secretary's office.

3. And be it further enacted, That the public square composed Names of the
of lots number two hundred fortysix, two hundred fortyseven, two pub sluares-
hundred sixty two and two hundred sixty three, shall be call-
ed and known by the name of Caswell square : That the pub-
lic square composed of lots number two hundred thirtyeight, two

hundred thirtynine, two hundred fiftyfour and two hundred
fiftyfive, shall be called and known by the name of Burke square :
That the public square composed of lots number one hundred
eighteen, one hundred nineteen, one hundred thirtyfour and one
hundred thirtyfive, shall be called and known by the name of Nash
square : And that the public square composed of lots number one
hundred ten, one hundred eleven, one hundred twentysix and one
vol. n. 53

418

TURNPIKE COMPANIES.

hundred twentyseven, shall be called and known by the name of

Moore square.
When the 4. And be it further enacted, That as soon as the state house,

state house is now building on Union square in the said city of Raleieh, is fit for

complete, the .1 ^ c i r^ * » 1 -> % J ■. -., ,.°

Assembly to the reception ot the General Assembly, they shall adjourn to that
meet there, &c. place ; from which time all the chief officers of the State, viz. the
treasurer, secretary of state and comptroller, shall hold their re-
spective offices in the said city of Raleigh, which shall be thence-
forward held, deemed and considered the permanent and unaltera-
ble seat of the government of the State of North Carolina, and the
place of residence of the chief officers of the State, any law or
laws to the contrary notwithstanding.

TURNPIKE COMPANIES.

BUICOMBE TURNPIKE COMPANY.

Commis-
sioners.

Books to be
opened for sub
scriptions.

A general

AN ACT TO AUTHORIZE THE MAKING OP A TURNPIKE ROAD FROM
THE SALUDA GAP, IN THE COUNTY OF BUNCOMBE, BY WAY OP
SMITH'S, MURRAYVILLE, ASHEVILLE AND THE WARM SPRINGS,
TO THE TENNESSEE LINE.

(Passed at the session of 1824.)

1. Be it enacted, <^c, That James Patton, Samuel Chunn and
George Swain, of Buncombe, be, and they are hereby appointed
commissioners for receiving subscriptions to the amount of thirty
thousand dollars, for the purpose of laying out and making a turn-
pike road from the Saluda Gap, in the county of Buncombe, by
way of Smith's, Murrayville, Asheville and the Warm Springs, to
the Tennessee line ; and the said commissioners, or a majority
of them, shall prepare books, and cause the same to be opened,
at such places, and under the direction of themselves, or such per-
sons as they may appoint, on or before the first day of January
next, and they shall continue open until the first day of March
thereafter, unless the said capital sum shall be subscribed before
that time ; at which time, or so soon as the sum of twenty thou-
sand dollars shall be subscribed, the said books shall be returned at

meeting of sub- Asheville, to the commissioners appointed in Buncombe county,
scnbers. an(j at ^Q same tjme tnere sna]j fog a general meeting of the said

subscribers, personally or by proxy, which meeting may continue
from day to day until the business thereof shall be finished ; and
if the sum of twenty thousand dollars or more, of the capital
stock shall have been subscribed, the said subscribers, their heirs
and assigns from the time of the first meeting, shall be, and they
are hereby declared to be incorporated into a company, by and

TURNPIKE COMPANIES.

419

under the name and style of " The Buncombe Turnpike Com- Company in-
pany," and may as such, sue and be sued, plead and be impleaded, corPorate
defend and be defended, and have perpetual succession and a com-
mon seal, and all other corporate rights necessary for the objects
of the company. Such of the said subscribers as may be present ^^s t0 be
at the meeting aforesaid, or a majority of them, are hereby em-
powered and directed to elect a president and three directors, for
conducting the business and concerns of the said company for one
year, and until the next meeting of the stockholders. Every pro- .
prietor of stock, by writing under his or her hand, executed before deputed. y
some justice of the peace, may depute any other stockholder to
vote for him or her at any general meeting, and the votes and acts
of such proxy, shall be as effective, to all intents and purposes,
as if the proprietor himself were personally present at the doing
thereof.

2. Be it enacted, That if the said sum of thirty thousand dol- Provision for
lars shall not be subscribed on or before the first day of March, [e0°^esning the
the said commissioners shall again open books of subscription, and

keep the same open till the first day of February thereafter, or until

the aforesaid sum of thirty thousand dollars shall be subscribed as

aforesaid ; and if more than the capital stock hereby authorized if there be an

shall be subscribed, the commissioners shall strike off from the scrhftLn^it may

subscription until the capital shall be reduced to thirty thousand be scaled.

dollars. And in striking off subscriptions, they shall begin and

strike off one share for all subscriptions under the largest, and

above one share, and until the sum shall be reduced to the capital

aforesaid.

3. Be it enacted, That the capital stock aforesaid, shall be The stock to be
divided into shares of fifty dollars each, and any person may sub- sharesVf'fifty
scribe for one or more shares, but shall not subscribe for part of a dollars each,
share. The public treasurer, shall subscribe, for and on behalf of {^h£^as-
the State, for one hundred shares, and the public treasurer shall scribe for 100
have power to appoint a director of said company. The shares g^es* to be
to be paid at such times and places, and by such instalments, as the paid for as di-
president and directors of the company shall direct, they first giv- rected-

ing public notice in the North and South Carolina Gazettes, for at
least twenty days. If any person holding any share or shares m Delinquent sub-
said company shall fail to pay for the same, in manner and at the scribers how to
time prescribed by the president and directors aforesaid, they may JjLjJjjj^^
enforce the legal process, or they may expose to sale at the town
of Asheville, the share or shares which such delinquent may hold
in said company, by giving ten days' public notice as aforesaid.
And if the said stock shall not sell for a sum sufficient to pay the
instalments thereon, the sum deficient may be recovered of the
person who owes the said stock, and the books of the company
shall be good evidence of such sale and purchase of said shares.

4. Be it enacted, That the president and directors or a majority Contracts to be
of them, shall, on behalf of the corporation, have power and proving said
authority to agree with any person or persons for constructing or road-
improving said road, or any part thereof, and shall obtain from

the board of internal improvements such information and advice

420

TURNPIKE COMPANIES.

Treasurer may
be appointed.

Clerk, &c.

Oath of office.

Majority of
stock to be rep-
resented at
every general
meeting.

President and
directors to be
elected at every
annual meeting.

Reports to be
made.

Dividends.

Not to exceed
twenty per
cent.

Number of
votes to which
stockholders
are entitled.

as will enable them to accomplish, in the most effectual and least
expensive mode, the objects of this act, and to make all such con-
tracts touching the same, as may be fit and expedient. And the
said president and directors may also appoint a treasurer from
among the stockholders, but not of their own body, who shall
give bond and security for the faithful discharge of his duty, and
duly accounting for all the money which may come into his hands
as treasurer ; and he shall be allowed such compensation as the
president aud directors think him entitled to, not exceeding three
per centum upon the disbursements. And no officer of the com-
pany shall have a vote in the passing or settlement of his own
accounts. The said president and directors may appoint a clerk,
and such managers and servants as they deem necessary. And
when the road is completed, a toll gatherer, or toll gatherers, all,
or any of whom, as well as the treasurer, they may remove at
pleasure. And every president and director, before he acts as
such, shall take an oath or affirmation for the due performance of
his duty.

5. Be it enacted, That no general meeting shall be lawfully con-
stituted, unless a majority of the shares is represented by the pro-
prietors present ; and from and after the first general meeting, the
succeeding one shall be held on the first Monday in October
annually, in the town of Asheville ; at which time and place there
shall be annually an election of president and directors. But if a
sufficient number do not attend, the proprietors present may
adjourn the meeting from day to day until the business of the com-
pany is finished : and to every annual meeting, it shall be the duty
of the president and directors to make a distinct return and report
of all their proceedings and accounts, which shall be carefully ex-
amined by the meeting, and if found just and accurate, shall receive
a vote of approval ; and the like course shall be pursued in rela-
tion to the treasurer's accounts. And at every annual meeting,
an equal dividend of all the net profits arising from the tolls here-
inafter granted, shall be ordered and made to the proprietors of
the said company, in proportion to their several shares, which
have been duly paid for according to the terms of subscription,
and the regulations prescribed for the payment of stock subscribed
for, after leaving in the hands of the treasurer such sums as the
meeting may think necessary to answer the contingent charges :
Provided always, that under no circumstances, shall a greater div-
idend be made than twenty per centum on the amount of stock ;
and if at any time the profits exceed that sum, the surplus shall
be applied to the further improvement of the road, or a diminu-
tion of the tolls be made, as the president and directors may think
most expedient ; and for the more effectually enforcing this pro-
vision, it shall be the duty of the president and directors to make
a return annually to the General Assembly, of the amount of tolls
received.

6. Be it enacted, That all meetings where a majority of the
stockholders are required to be present, the number of votes to
which each stockholder shall be entitled, except the State, shall

TURNPIKE COMPANIES.

421

be according to the number of shares he shall hold, in the propor-
tions following, that is to say : for one share, and not more than
two shares, one vote ; for every two shares above two, and not
exceeding ten, one vote ; for every four shares above ten, and
not exceeding thirty, one vote ; for every six shares above thirty,
and not exceeding sixty, one vote ; for every eight shares above
sixty, and not exceeding one hundred, one vote ; and for every
ten shares above one hundred, one vote ; but no person, copart-
nership, or body politic, shall be entitled to a greater number than
thirty votes.

7. Be it enacted, That as a compensation to the said stockhold- Profits vested
ers for the trouble they will bestow on said undertaking, and the fb/^irc°^Pany
expenses they will disburse in constructing and keeping said road years.

in repairs, and erecting gates and other necessary works, the profits
of the said road are vested in them, their executors and assigns, as
tenants in common, for the term of thirty six years, to be computed
from the time of giving the notice prescribed in this act, in propor-
tion to their respective shares ; and the same shall be exempt from
the payment of any tax whatsoever. And it shall and may be law- Tolls.
ful for the president and directors, during the said term, to demand
and receive, at some convenient toll gates to be by them erected,
the following tolls, to wit : on every four wheeled carriage of pleas-
ure, two dollars and fifty cents ; on every gig or sulky, one dollar ;
on every six horse wagon, two dollars and fifty cents ; on every
four horse road wagon, two dollars ; on every three or two ditto,
one dollar and fifty cents : on every pedler's cart, one dollar and
fifty cents ; on every road cart, fifty cents ; on each horse or mule
without a rider, six and a quarter cents ; on every head of beef
cattle, six and a quarter cents, and hogs and sheep, three cents on
each ; on every animal designed for exhibition two dollars ; travel-
lers on horses, twenty five cents each. And if any person or per-
sons shall refuse to pay the tolls, at the time of offering to pass the
places designated for their collection, and previous to passing the
same, the toll gatherers, respectively, may refuse a passage to the
person or persons so refusing ; and if any person or persons shall
pass, or drive through any wheeled carriage or animals liable to
toll, without paying the same, he or they may be proceeded against
before any tribunal having cognizance thereof : Provided, that no-
thing contained in this act, shall render any citizen of the county
of Buncombe liable to pay the above toll.

8. Be it enacted, That the said turnpike road hereby authorized Width of the
shall be made by the president and directors, thirty feet in width, roac'
clear of obstructions, except in such places as shall require the

whole width to be made by side cutting, where it shall be twenty
feet ; and where it may be necessary to carry it around precipitous
promontories, it shall be ten feet wide, clear of all drains and
breastworks. The inclinations of the said road shall not exceed
from one foot perpendicular to ten feet horizontal, and recourse
shall be had to this steepness as seldom as it shall be possible to
avoid it ; and so soon as the road shall be completed as aforesaid,
the president and directors shall give public notice thereof.

422 TURNPIKE COMPANIES.

Roadtobea 9. Be it enacted, That the said road, with the improvements

pu ic g way. .^jcjj sjjaj] be mac|e thereon in pursuance of this act, shall be for-
ever thereafter taken and considered as a public highway, free for
the passage of all persons and animals, and carriages of every de-
scription, on the payment of the tolls imposed by this act , and no
higher toll or tax whatever for the use of the said road, shall at any
time hereafter be imposed, without the consent of the legislature,
except in the manner directed, in the seventh section of this act.
And whereas, in tracing the line of said road, it may be necessary
that certain portions of land shall be condemned for its completion :
whkh the^ad ^m -^e ^ enacted, That the president and directors may agree
passes may be with the owners of any land, over which the said road is intended
pure ase . Jq pagg^ for tne purchase thereof, and in case of disagreement, or if
the owner shall be feme covert, under age, non compos, or out of
the State, on application to any two justices of the county where
the lands lie, the justices shall issue their warrant to the sheriff of
said county to summon a jury of eighteen freeholders, to meet on
the land to be valued on a day expressed in the said warrant, not
less than ten nor more than twenty days thereafter ; and the sheriff
on the receipt of the warrant, shall summon the jury, and when
met, shall administer an oath or affirmation, provided twelve or
more appear, to wit : that he will impartially value the land in
question, and consider the damages the owner thereof may sustain
in consequence of being divested of his property therein, and that
he will not, in his valuation, spare any person through favor, nor
injure any one through malice or hatred. And the inquisition so
taken, shall be signed by the sheriff and twelve or more jurors, and
returned to the clerk of the county court to be recorded. And in
all such cases, the jury is hereby directed to describe the land
valued, and such valuation shall be conclusive, and the president
and directors shall pay the sum to the owner of the land valued, or
his legal representatives, and if neither can be found in the State,
or if found should refuse to receive the money, then to the clerk
of the county court ; and on payment thereof, the said corporation
shall be seised in fee of the land valued, as fully and absolutely as if
it had been conveyed to them by the owner ; but no such con-
demnation shall extend to dwelling houses.
Also, for erect- n. Be it enacted, That the president and directors may agree

iner toil houses, -1,1 • , • r r 1 i ,

&c. with the proprietor or proprietors for any quantity of land, not ex-

ceeding four acres, at or near each place intended for collecting
the tolls aforesaid, for the purpose of erecting the necessary build-
ings ; and in case of disagreement, or any of the disabilities afore-
said, as the owner or owners being out of the State, the same pro-
ceedings may be had, and the same conveyances shall follow, as
are described in the preceding clause.
Stockholders 12. Be it enacted, That every stockholder may transfer his or
thel/shares- her share or shares, by deed executed before two witnesses and
registered, after proof of the execution in the company's books,
and not otherwise except by will, which shall also be exhibited to
the president and directors, and registered, before the person
claiming under the will shall be entitled to draw any part of the

TURNPIKE COMPANIES. 423

profits from the said tolls : Provided, that no transfer shall be
made, except for one or more whole shares, and not for part of
said shares. And that no share or shares shall at any time be sold,
conveyed, transferred, or held in trust, for the use and benefit, or
in the name of another, whereby the said president and directors,
or stockholders, members of the said company, or any of them,
shall or may be challenged, or made to answer any such trust ; but
that every such person appearing as aforesaid to be a proprietor,
shall, as to others of the company, be, to every intent and pur-
pose, taken absolutely as such ; but between the trustee and the
person for whose benefit such trust shall be executed, the common
remedy may be pursued.

13. Be it enacted, That all hands liable to work on roads in the Hands liable to
county of Buncombe, residing within two miles on either side ofwol^on thls
the road, from the Tennessee line to the top of the Saluda moun-
tain, shall be liable to do six days work, in each and every year, on

the said turnpike road, under the direction of the president and
directors of said company, with the exception of the hands on the
west side, from the mouth of Big Ivy, to the free bridge on French
Broad river, for which distance the river shall be the line ; and
the hands in the limits aforesaid, who shall not when warned as in
other cases, attend and work on the said road, shall be liable to
the same fines and penalties, and recoverable in the same manner,
that fines are now collected from persons failing to work on public
roads in this State : Provided, that the hands within the limits
aforesaid, shall not be compelled to do more than two days' work
in any one month.

14. Be it enacted, That so soon as any part of the said road, when ten miles
not less than ten miles in extent, shall be made agreeable, to the ma(je tollsmay
specifications contained in the eighth section of this act, it shall be collected,
and may be lawful for the president and directors of the said com-
pany to erect a toll gate, and collect one seventh of the whole

amount of tolls imposed by the seventh section of this act, and in
like proportion for a greater extent of road : Provided nevertheless,
that no toll gate shall be erected on said road within three miles
south of Asheville, and north of Asheville (to a point north of the
road leading from Asheville) to Waynesville, in Haywood county.

15. Be it enacted, That all persons and property subject to Modification of
tolls, passing on that portion of said road between the free bridge

and Saluda Gap, shall not be liable to pay more than one fifth of

the tolls imposed by the seventh section of this act : Provided al- Act may be re-

ivays, that it shall be competent for the General Assembly of North ?ea-}ed rfitsob-

J . r J iect be not at-

Carolina to repeal and make void this act, and to dissolve the cor- tained.

poration hereby created, whenever it shall appear to them that the

object of this act has failed, and those to whose management the

affairs of the corporation have been committed, have been guilty

of mismanagement and abuse of their trust. And it shall also be officers may be

competent for the said General Assembly to call to account, in called to ac-

such manner as it may prescribe, all and every person who may

have acted in the character or capacity of president, director,

treasurer of said corporation ; and in case any person called to ac-

424 UNIVERSITY OF NORTH CAROLINA.

count shall be found guilty of mismanagement or abuse, in the dis-
charge of the duty which has been conferred on him by the corpo-
ration, he, she or they shall be liable, in his or their individual ca-
pacity, in any court having jurisdiction thereof.
Former actre- 16- Be it enacted, That an act to authorize the making of a
pealed. turnpike road from Asheville, by the Warm Springs, to the Tennes-

see line, and to incorporate a company for that purpose, passed at
the last General Assembly, be and the same is hereby repealed.

AN ACT CONCERNING THE BUNCOMBE TURNPIKE ROAD.
(Passed at the session of 1829.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
eiec?aapres° That at the next election of a board of directors for the Buncombe
identaaddi- Turnpike Company, it shall and may be lawful for the said com-
rector. pany to elect a president and one director, who, together with the

director appointed by the public treasurer, shall manage the con-
cerns of the said corporation, and have the same power and authori-
ty now given by law to the president and directors of the same.
In case a ma- 2. Be it further enacted, That if at any eeneral meeting of the

jority of stock J iiiiriT- e v

shall not be said company herealter to be held lor the election ot directors, it

represented in shovel so happen that a majority of shares shall not be represent-

ing, president ed in person, then and in that case the president and directors then

and directors jn 0ffice SDaj] remain therein, until a meeting of stockholders so con-
then in office -iiii

shall continue, stituted can be had.

Direction of 3. Be it further enacted, That nothing contained in the act of

altered.^ & 1824, incorporating the Buncombe Turnpike Company, shall be

so construed as to prevent the said corporation from altering and

improving the direction of the said road.

UNIVERSITY OF NORTH
CAROLINA.

AN ACT TO ESTABLISH A UNIVERSITY IN THIS STATE.
(Passed at the session of 1789.)

Whereas in all well regulated governments, it is the indispensa-
ble duty of every legislature to consult the happiness of a rising
generation, and endeavor to fit them for an honorable discharge of
the social duties of life, by paying the strictest attention to their
education : And whereas a university, supported by permanent
funds, and well endowed, would have the most direct tendency to
answer the above purpose :

UNIVERSITY OF NORTH CAROLINA. 425

1. Be it therefore enacted, tyc, That Samuel Johnston, James Trustees nom-
Iredell, Charles Johnson, Hugh Williamson, Stephen Cabarrus, inated, and con-
Richard Dobbs Spaight, William Blount, Benjamin Williams, politic.
John Sitgreaves, Frederick Harget, Robert W. Snead, Archi-
bald Machine, Honorable Samuel Ashe, Robert Dixon, Benjamin
Smith, Honorable Samuel Spencer, John Hay, James Hogg,
HenryaWilliam Harrington, William Barry Grove, Reverend Sam-
uel M'Corkle, Adlai Osborne, John Stokes, John Hamilton, Jo-
seph Graham, Honorable John Williams, Thomas Person, Alfred
Moore, Alexander Mebane, Joel Lane, Willie Jones, Benjamin
Hawkins, John Haywood, senior, John Macon, William Richard-
son Davie, Joseph Dixon, William Lenoir, Joseph Mc Do wall,
James Holland, and William Porter, Esquires, shall be and they
are hereby declared to be a body politic and corporate, to be
known and distinguished by the name of " The Trustees of the Uni-
versity of North Carolina," and by that name shall have perpetual
succession, and a common seal ; and that they, the trustees and
their successors, by the name aforesaid, or a majority of them,
shall be able and capable in law to take, demand, receive and pos-
sess all moneys, goods and chattels that shall be given them, for
the use of the said university, and the same apply according to the
will of the donors, and by gift, purchase or devise to take, have,
receive, possess, enjoy and retain to them and their successors
forever, any lands, rents, tenements and hereditaments, of what
kind, nature or quality soever the same may be, in special trust
and confidence, that the same or the profits thereof, shall be applied
to and for the use and purposes of establishing and endowing the
said university.

2. And be it enacted, That the said trustees and their succes- Their author-
sors, or a majority of them, by the name aforesaid, shall be able11^-

and capable in law to bargain, sell, grant, demise, alien or dispose
of, and convey and assure to the purchasers, any such lands, rents,
tenements and hereditaments aforesaid, when the condition of the
grant to them, or the will of the devisor, does not forbid it. And
further that they, the said trustees and their successors forev-
er, or a majority of them, shall be able and capable in law, by the
name aforesaid, to sue and implead, be sued and impleaded, an-
swer and be answered, in all courts of record whatsoever ; and
they shall have power to open and receive subscriptions, and in
general, they shall and may do all such things as are usually done
by bodies corporate and politic, or such as may be necessary for
the promotion of learning and virtue.

3. And be it further enacted, That the said trustees, in order Meetings of the

.i . . , yv. ' i ii T-, mi trustees, &c.

to carry the present act into effect, shall meet at r ayetteville, on
the third Monday in the session of the next General Assembly, at
which time they shall choose a president and secretary ; and shall
then fix the time of their next annual meeting ; and at every annual ^er'neednot"
meeting of the trustees, the members present, with the president be present. See
and treasurer, (a.) shall be a quorum to do any business, or a ma- jj^f p°i z™*'
jority of the members, without either of those officers, shall be a430.]'
quorum ; but at their first meeting as above directed there shall be

vol. ii. 54

426

UNIVERSITY OF NORTH CAROLINA.

Special meet-

Its power.

Appointment
and duty of a
treasurer, &c.

at least fifteen of the above trustees present, in order to proceed
to business ; and the trustees at their annual meeting may appoint
special meetings within the year : or in case unforeseen accidents
shall render a meeting necessary, the secretary, by order of the
president and any two of the trustees, signified to him in writing,
shall by particular notice to each trustee, as well as by an adver-
tisement in the State Gazette, convene the trustees at the time
proposed by the president ; and the members thus convened shall
be a quorum to do any business except the appointment of a pres-
ident or professors in the university, or the disposal or appropria-
tion of moneys ; but in case of the death or resignation of the
president or any professor, the trustees thus convened may supply
the place until the next annual meeting of the board of trustees,
and no longer ; and the meeting at which the seat of the said uni-
versity shall be fixed, shall be advertised in the Gazette of this
State at least six months, and notice in manner aforesaid to each
of the trustees of the object of the said meeting.

4. And be it further enacted, That the trustees shall elect and
commission some person to be treasurer for the said university
during the term of two years : which treasurer shall enter into
bond with sufficient securities to the governor, for the time being,
in the sum of five thousand pounds, conditioned for the faithful
discharge of his office, and the trust reposed in him ; and that all
moneys and chattels belonging to the said corporation that shall be
in his hands at the expiration of his office, shall then be immedi-
ately paid and delivered into the hands of the succeeding treasurer:
and every treasurer shall receive all moneys, donations, gifts, be-
quests and charities whatsoever, that may belong or accrue to the
said university during his office, and at the expiration thereof shall
account with the trustees for the same, and the same pay and de-
liver over to the succeeding treasurer ; and on his neglect or refu-
sal to pay and deliver as aforesaid, the same method of recovery
may be had against him, as is or may be provided for the recovery
of moneys from sheriffs or other persons chargeable with public
moneys : and the treasurer of the university shall cause annually
to be published in the State Gazette, for the satisfaction of the
subscribers and benefactors, a list of all moneys and other things by
him received for the said university, either by subscription, legacy,
donation or otherwise, under the penalty of one hundred pounds,
to be recovered at the suit of the attorney general, in the name of
the governor for the time being, in any court of record having
cognizance thereof; and the moneys arising from such penalties
shall be appropriated to the use of the said university.

5. Be it further enacted, That the said trustees shall on no
event or pretence whatsoever, appropriate or make use of the
principal of the moneys by them received on subscription, but
such principal shall be and remain as a permanent fund for the use
and support of the said university forever.

Directions as Q. And be it further enacted, That when the trustees shall deem
pkcefo?thVhethe funds of the said university adequate to the purchase of a ne-
university. cessary quantity of land and erecting the proper buildings, they

Subscriptions
to be a per-
manent fund.

UNIVERSITY OF NORTH CAROLINA.

427

shall direct a meeting of the said trustees for the purpose of fixing
on and purchasing a healthy and convenient situation, which shall
not be situate within five miles of the permanent seat of govern-
ment, or any of the places of holding the courts of law or equity ;
which meeting shall be advertised at least six months in some ga-
zette in this State, and at such superior courts as may happen
within that time.

7. Be it further enacted, That the trustees shall have the power Power of the
of appointing a president of the university, and such professors p™nteaSpr«-P"
and tutors as to them shall appear necessary and proper, whom ident, profes-
they may remove for misbehavior, inability or neglect of duty ; sora'

and thev shall have the power to make all such laws and regulations And to make

r i J c i i c j j regulations,

lor the government ot the university, and preservation ot order and &c.
good morals therein, as are usually made in such seminaries, and
as to them may appear necessary : Provided, the same are not con-
trary to the unalienable liberty of a citizen, or to the laws of the
State. And the faculty of the university, that is to say, the pres- To confer de_
ident and professors, by and with the consent of the trustees, shall grees.
nave the power of conferring all such degrees, or marks of literary
distinction, as are usually conferred in colleges or universities.

8. And be it further enacted, That every person, who, within Benefit granted
the term of five years, shall subscribe ten pounds towards this
university, to be paid within five years, at five equal annual pay-
ments, shall be entitled to have one student educated at the uni-
versity, free from any expense of tuition.

9. And be it further enacted, That the public hall of the library Honor to be
and four of the colleges, shall be called severally by the names of tne six largest
one or another of the six persons, who shall within four years con- subscribers.
tribute the largest sums towards the funds of this university, the

highest subscriber or donor having choice in the order of their re-
spective donations. And a book shall be kept in the library of ^r^er^to beb"
the university, in which shall be fairly entered the names and preserved,
places of residence of every benefactor to this seminary, in order
that posterity may be informed to whom they are indebted for the
measure of learning and good morals that may prevail in the State.

AN ACT FOR RAISING A FUND FOR ERECTING THE BUILDINGS AND
FOR THE SUPPORT OF THE UNIVERSITY OF NORTH CAROLINA.

(Passed at the session of 1789.)

Whereas the General Assembly by their act, entitled, An act
lo establish a university in this State, passed on the eleventh day
of December instant, have declared that a university shall be es-
tablished and erected in this State, which shall be called and known
by the name of the university of North Carolina : and whereas
adequate funds will be found to be the means which will most
effectually insure to the State the advantages to be hoped and ex-
pected from such an institution :

1. Be it therefore enacted, fyc, That a gift of all moneys due

428

UNIVERSITY OF NORTH CAROLINA.

F™<Jsap- and owing to the public of North Carolina, either for arrearages
ere?tingebui°d- under the former or present government, up to the first day of
ingsforthe January, one thousand seven hundred and eightythree, inclusive,
(moneys or certificates due for confiscated property purchased ex-
cepted) shall be and is hereby declared to be fully and absolutely
made, for the purpose of erecting the necessary buildings, employ-
ing professors and tutors, and carrying into complete effect the act
before recited : and the treasurer is hereby directed and required
to commence suits, and to prosecute all persons owing as above
mentioned, and the moneys recovered in consequence thereof to
pay into the hands of the trustees named in said act, or their suc-
cessors, to be applied to the purposes aforesaid. Provided, that
nothing herein contained shall be construed to prevent the treasurer
or comptroller from settling with and collecting from the executors
of Robert Lanier, deceased, late treasurer of Salisbury district,
such sums in cash or certificates as may, on a final' settlement of
his accounts, be found to be due to the public ; nor shall it extend
to prevent their collecting from the sheriffs of that district, their
arrearages of taxes which became due under the present govern-
ment, and which ought to have been paid into the office of the said
Lanier, as treasurer aforesaid : Provided, they make such col-
lection within the space of two years, after which time the arrear-
ages of that district also shall be considered as being included in
this gift.
Endowed with 2. And be it enacted, That all the property that has heretofore
property3 or shall hereafter escheat to the State, shall be and hereby is vested
in the said trustees, for the use and benefit of the said university.
University 3. And be it further enacted, That the lands and other property

emp\%™metaz~Delon§niS to tlie university aforesaid, shall be, and the same is
es. hereby exempt from all kind of public taxation.

AN ACT MORE LIBERALLY TO ENDOW THE UNIVERSITY OF NORTH
CAROLINA, AND TO SECURE THE TITLES OF CERTAIN INHABITANTS
OF MECKLENBURG COUNTY, AND OTHER CITIZENS OF THIS STATE,
TO CERTAIN LANDS HERETOFORE PURCHASED FROM HENRY EUS-
TACE M'CULLOH.

(Passed at the session of 1794.)

Whereas the trustees of the university of North Carolina have,
with a laudable zeal for the promotion of literature, erected a build-
ing for the use of the institution entrusted to them, and are at this
time prepared to commence the exercises of the University, but
have not funds to proceed in the liberal manner which the honor
and interest of the public demand ; and as the remnant of confis-
cated property unsold by the commissioners appointed for that
purpose, might contribute to furnish them with the means of mak-
ing a permanent establishment for the cultivation of science :
Confiscated 1. Be it enacted, fyc. That all lands not heretofore sold, which

veTedtJnUthSe0ld un<^er any °f the laws commonly called confiscation laws, have
trustees of the been forfeited or confiscated to the use of the State, be and the

university.

UNIVERSITY OF NORTH CAROLINA. 4*29

same are hereby granted to and vested in the trustees of the uni-
versity of North Carolina, and their successors forever, in trust,
for the use and benefit of the said university.

And whereas a number of the inhabitants of Mecklenburg county,
and other citizens of this State, purchased lands from Henry Eus-
tace McCulloh, taking the bonds of the said Henry Eustace
McCulloh to make a title or titles to the said purchased premises,
which lands have become confiscated to the State, and the said
purchasers cannot procure titles to the same : And whereas also
other persons who had purchased lands from the said Henry Eus-
tace McCulloh, executed mortgages to him for the said purchased
premises, previous to the fourth day of July, in the year one thous-
and seven hundred and seventysix ; and it is proper that such per-
sons should have some easy method of completing their titles, and
removing the incumbrances aforesaid :

2. Be it enacted, That so much and such part of the said con- Confiscated
fiscated lands, as may have been bona fide purchased or mortgaged gagtd.TtT"
as aforesaid, are granted to, and vested in the trustees of the uni- vested' in said
versity of North Carolina, and their successors, not only for trusteeSj &c'
the use and purpose above mentioned in this act, but on the ex-
press trust that the said trustees and their successors shall take and

use all proper ways and means, both in law and equity, to convey
and assure to the equitable owners or claimants of such lands, a
good and sufficient title in law to the lands so purchased or mort-
gaged as aforesaid ; such equitable owners or claimants paying, or
securing to be paid to the said trustees, or their successors, such
sum or sums of money as may be justly and equitably due on such
purchase or mortgage. Provided, that the interest to be required What interest
from such claimants, shall in no instance exceed the principal, nor tobePaidl,y

„i,„n • , . • t i , ii. , l r ' mortsraa-or.

shall interest m any case be calculated during the war.

And to the end that the real value and amount of the said en-
dowment may be known :

3. Be it enacted, That the said trustees shall keep an accurate T
account of the proceeds of the sales and payments made for said keeptnd in-
lands, with their expenses and disbursements, together with a der account of
statement of all other moneys entrusted to their management, either proceeds' &c-
by the public or individuals, and lay the same annually before the
General Assembly.

4. And be it further enacted, That the proceeds of all sales

which shall be made, and the amount of all payments received un- JJSJriXJd. &P"
der this act, shall be considered as a fund, the interest whereof
shall be applied to the uses and purposes expressed in this act, for
the term often years, at the expiration of which time, the principal
thereof, after deducting the charges of collection, shall be subject
to the direction and disposition of the General Assembly. Pro-
vided nevertheless, that whenever the principal collected and in-
tended by this act to be loaned as aforesaid, shall exceed ten
thousand pounds, the surplus, if in cash, shall immediately be paid
into the treasury of this State, and if in bonds, it shall be the duty
of the said trustees to transfer them without delay to the public
treasurer for the time being, for the use of the State.

430

UNIVERSITY OF NORTH CAROLINA.

AN ACT TO AMEND THE ACT ESTABLISHING AN UNIVERSITY IN

THIS STATE.

(Passed at the session of 179S.)

Whereas the trustees of the university of North Carolina, have
prayed this General Assembly to amend their act of incorporation,
so as to dispense with the presence of the treasurer at their meet-
ings, and to ensure a more punctual attendance of the trustees :
1. Be it enacted, fyc, That at the meetings of the trustees of
treasurer of the tne said university, hereafter to be held, the presence of the treas-
board not ne- Lirer of the board shall in no case be necessary to constitute a board

eessary. r ^ •

lor business.

Preamble.

Sixth section
repealed.

When vacan-
cies happen,
General As-
sembly to sup-
ply them.

The General
Assembly may
also appoint
additional trus-
tees.

When the law
shall take ef-
fect,

AN ACT TO AMEND AND REPEAL IN PART, AN ACT PASSED IN THE
YEAR ONE THOUSAND SEVEN HUNDRED AND EIGHTYNINE, ENTI-
TLED " AN ACT TO ESTABLISH AN UNIVERSITY IN THIS STATE."

(Passed at the session of 1804.)

Whereas by the sixth section of the before recited act, the
board of trustees of the university are vested with the power of
filling up any vacancy or vacancies which may happen in that body
by the death, refusal to act, resignation or removal out of the State,
of any of the trustees for the time being, or to appoint new trus-
tees when a majority or any fifteen members of the board, may
think proper. And whereas it would tend to render the institution
more conformable to the wishes of the people, if the power of filling
up such vacancy or vacancies, and making such new appointment
or appointments, should be vested in the legislature :

1. Be it therefore enacted, fyc, That the said 'sixth section of
the before recited act, be and the same is hereby repealed and
made void.

2. And be it further enacted, That whenever any vacancy or
vacancies as aforesaid shall happen, that the General Assembly
shall proceed to elect a proper and suitable person or persons to
fill the same by joint ballot of both houses, and it shall be the duty
of the secretary of the board of trustees to make known to the
General Assembly at each annual session such vacancies as may
happen during their recess.

3. Be it further enacted, That the General Assembly shall
whenever they deem it expedient for the interest of the said insti-
tution, appoint as aforesaid any additional trustees which they shall
think proper. Provided ahvays, that the number of trustees shall
at no time exceed eight in each superior court district, any law to
the contrary notwithstanding.

4. Be it further enacted, That this law shall take effect from and
after the ratification thereof.

UNIVERSITY OF NORTH CAROLINA. 431

AN ACT APPOINTING THE GOVERNOR FOR THE TIME BEING PRES-
IDENT OP THE BOARD OF TRUSTEES OF THE UNIVERSITY OF
NORTH CAROLINA.

(Passed at the session of 1805.)

1. Be it enacted, tyc, That the governor of the State for the The governor
time being, shall be and he is hereby declared to be president of 3 the boanfof
the board of trustees of the university of North Carolina, and as trustees of the
such shall preside at all meetings of said board : Provided ahvays,un"eiSi}'
that if by reason of indisposition or other good cause, the gover-
nor shall be unable to attend any of the meetings of the said board

he may, by some instrument of writing signed with his proper
hand, appoint some other person, being a trustee, to act as presi-
dent for the time being, who shall accordingly preside as such in
the absence of the governor.

2. And be it further enacted, That in case any member of the How a trustee's
board of trustees of the said university shall fail to give his per- ^fatTd? he
sonal attendance at any of the meetings of said board for the term

of two years, the said board of trustees shall be, and are hereby
declared to be vested with power and authority, if they deem the
same expedient, to consider the seat of such member as vacated,
and cause the same to be reported to the General Assembly ;
whereupon the vacancy or vacancies so occasioned, shall be filled
up by joint ballot of both houses.

AN ACT TO AUTHORIZE THE TRUSTEES OF THE UNIVERSITY OF
NORTH CAROLINA, IN CERTAIN CASES, TO APPOINT A PRESIDENT
OF THE BOARD OF TRUSTEES AFORESAID, PRO TEMPORE.

(Passed at the session of 1807.)

Whereas, by the lawTs now in force, fifteen trustees are neces-
sary to constitute a board, in the absence of the president, whereby
the interests of the institution may suffer from the want of a body
legally authorized to transact its business :

Be it therefore enacted, fyc, That from and after the passing of seven trustees
this act, any number of the trustees, not less than seven, at. any a quorum, and

.,'•', . r , r , • • c tvt A maY appoint a

of the annual meetings ot the trustees ol the university ot JN ortn president pro
Carolina, shall be and constitute a quorum, and be competent to tempore,
appoint a president pro tempore, in case of the death, resignation,
absence or indisposition of the president ; and when a president
pro tempore is so appointed, they shall possess and exercise all
and every the powers and authorities invested in the trustees of
the university of North Carolina by the several acts of the Gen-
eral Assembly now in force or which may hereafter be in force in
this State.

432

UNIVERSITY OF NORTH CAROLINA.

AN ACT TO CONSOLIDATE INTO ONE, THE SEVERAL ACTS OP THE
GENERAL ASSEMBLY OF THIS STATE RELATIVE TO THE APPOINT-
MENT OF TRUSTEES OF THE UNIVERSITY, FOR THE GOVERN-
MENT THEREOF, AND FOR OTHER PURPOSES.

(Passed at the session of 1821 .)

Trustees. Be it enacted, fyc, That John Haywood, Benjamin Smith,

William Polk, Henry Potter, Archibald D. Murphey, Duncan
Cameron, Joseph Caldwell, Thomas Winns, Edward Jones
James Webb, Henry Seawell, Calvin Jones, John D. Hawkins,
Robert H. Jones, Jeremiah Slade, Joseph H. Bryan, Robert
Williams, William Gaston, Thomas Brown, Francis Locke,
Montfort Stokes, Thomas Love, Archibald M'Bride, Atlas Jones,
Lewis Williams, William M'Pheeters, Frederick Nash, Thomas
Ruffin, James W. Clark, John Stanly, Bartlett Yancy, Leonard
Henderson, John Branch, William Miller, Simmons J. Baker,
George E. Badger, Kemp Plummer, Thomas Bennehan, Willie
P. Mangum, James Mebane, John Witherspoon, John B. Baker,
James Iredell, William Martin, Joseph B. Skinner, James C.
Johnston, Enoch Sawyer, Alfred Moore, John D. Toomer, John
Owen, Gabriel Holmes, Romulus M. Saunders, Lewis, ,D. Schwe-
initz and Thomas P. Devereux, are hereby declared to be trus-
tees of the university of this State, and the successors of the
trustees appointed by an act of the General Assembly of this
State, passed in the year one thousand seven hundred and eighty-
nine, entitled " An act to establish a university in this State,"
and that the appointment of the trustees aforesaid is hereby con-
firmed, and they are declared to have all the power and authority
heretofore conferred by law on the trustees of the said institution.

2. Be it enacted, That the board of trustees of the university
shall consist of sixtyfive members, all of whom shall be resident
citizens of this State.

3. Be it enacted, That the additional number of trustees hereby
baTioetdbyJOmtauthorized sha11 be elected by joint ballot of both houses of the

General Assembly ; and that, hereafter, when any vacancy or
Vacancies to be vacancies shall happen in the said board, by death, resignation,
refusal to act, removal out of this State or other cause, it shall be
the duty of, the president of the board to communicate, or cause
to be communicated by the secretary, to the General Assembly,
the said vacancy or vacancies, and thereupon, they shall elect, by
joint ballot of both houses, a suitable person or persons to fill the
same.

4. Be it enacted, That the board of trustees shall have power
to vacate the appointment and remove a trustee for improper con-
duct, stating the cause of such removal on their journal : Provided,
the same shall be done at an annual meeting of the board, and
that there shall be present at the doing thereof at least twenty of
the members of the board.

Governor to be 5. Be it enacted, That the governor of this State for the time
board of trus- being shall be, and he is hereby declared to be president of the

tees.

Board to con-
sist of sixty-
five trustees.

Trustees to be

filled by the
General As
sembly.

Board to re-
move a trustee
for improper
conduct.

UNIVERSITY OF NORTH CAROLINA. 433

board of trustees of the university, and as such, shall preside at
all the meetings of said board at which he may be present ; and
if, by indisposition or other cause, the governor shall be absent
from any meeting of the board, he may appoint, in writing, some
other person, being a trustee, to act as president for the time being,
and who shall preside accordingly : and if, at any time, the gov-
ernor shall be absent at the meeting of the board, and shall not
have appointed, as aforesaid, a president, it shall be lawful for the
board to appoint a president for the time being, who shall preside
as such.

6. Be it enacted, That there shall be an annual meeting of the Board of trus-
board of trustees during the session of the General Assembly, in mating duriU
the city of Raleigh, and at such time and place as the president of the session of &
the board may appoint ; and at any of the annual meetings of the Assembly*1
board, any number of trustees, not less than seven, shall consti-
tute a quorum, and be competent to exercise full power and au-
thority to do the business of the board ; and the said board, or

the president thereof, shall have power to appoint special meetings
of the trustees at such time and place as in their opinion the inter-
est of the institution may require ; but no special meeting shall
have power to revoke or alter any order, resolution or vote of an
annual meeting.

7. Be it enacted, That in case the office of secretary or treas- President to
urer of the board of trustees of the university shall be vacant from retary or* treas-
any cause whatever, in the recess of the board, the president shall urer during the

J . • i i /*n i -ill- recess of the

appoint a suitable person to fill the same, until the annual meeting board.
of the board of trustees, at which time the said board shall elect
a proper person to fill the said vacancy.

S. Be it enacted, That the second section of an act passed in Repealing
the year one thousand eight hundred and five, entitled "An act be*
appointing the governor for the time being president of the board
of trustees of the university," and that so much of the several
acts of the General Assembly of this State, as is inconsistent
with this act, be, and the same is hereby repealed ; and that this
act shall be in force from and after the ratification thereof.

AN ACT TO AMEND AN ACT, PASSED IN THE YEAR EIGHTEEN HUN-
DRED AND TWENTYONE, ENTITLED " AN ACT TO CONSOLIDATE
INTO ONE, THE SEVERAL ACTS OF THE GENERAL ASSEMBLY OF
THIS STATE, RELATIVE TO THE APPOINTMENT OF TRUSTEES OF
THE UNIVERSITY, FOR THE GOVERNMENT THEREOF, AND FOR
OTHER PURPOSES."

(Passed at the session of 1824.)

1. Be it enacted, fyc, That the board of trustees, at their an- Trustees, at an
nual meeting, may, by resolution, vote or ordinance, from time to annual meeting,
time, as to them shall seem meet, limit, control and restrain the business of
business to be transacted, and the power to be possessed and exer- ?Pecial meet-
cised by special meetings of the board, called according to the
sixth section of the above recited act ; and the powers of such

vol. ii. 55

I

434 UNIVERSITY OF NORTH CAROLINA.

special meetings shall be limited, controlled and restrained accord-
ingly. And every order, vote, resolution, or other acts, done,
made or adopted by any special meeting, contrary to any order,
resolution, vote or ordinance of the board, at an annual meet-
ing, shall be absolutely, to all intents and purposes null and
void.

2. Be it enacted, That this act be in force from and immedi-
ately after the ratification thereof.

APPENDIX

THE

FIRST CHARTER

GRANTED

BY KING CHARLES THE SECOND,

TO THE

LORDS PROPRIETORS OF CAROLINA.

Charles the Second, by the grace of God, king of England,
Scotland, France and Ireland, Defender of the Faith, &c, To
all to whom these present shall come : Greeting :

1st. Whereas our right trusty, and right well beloved cousins
and counsellors, Edward Earl of Clarendon, our high chancellor
of England, and Geoige Duke of Albemarle, master of our horse
and captain general of all our forces, our right trusty and well
beloved William Lord Craven, John Lord Berkley, our right
trusty and well beloved counsellor, Anthony Lord Ashley, chan-
cellor of our exchequer, Sir George Carteret, knight and baronet,
vice chamberlain of our household, and our trusty and well beloved
Sir William Berkley, knight, and Sir John Colleton, knight and
baronet, being excited with a laudable and pious zeal for the propa-
gation of the Christian faith, and the enlargement of our empire
and dominions, have humbly besought leave of us, by their indus-
try and charge, to transport and make an ample colony of our
subjects, natives of our kingdom of England, and elsewhere with-
in our dominions, unto a certain country hereafter described, in the
parts of America not yet cultivated or planted, and only inhabited
bv some barbarous people, who have no knowledge of Almighty
God.

2d. And whereas the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, have humbly besought us to give, grant
and confirm unto them and their heirs, the said country, with
priviledges and jurisdictions requisite for the good government and
safety thereof: Know ye, therefore, that we, favouring the pious
and noble purpose of the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berk-
ley, and Sir John Colleton, of our special grace, certain know-
ledge and meer motion, have given, granted and confirmed, and

438

FIRST CHARTER OF CHARLES II.

by this our present charter, for us, our heirs and successors, do
give, grant and confirm unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir Wil-
liam Berkley, and Sir John Colleton, their heirs and assigns, all
that territory or tract of ground, scituate, lying and being within
our dominions of America, extending from the north end of the
island called Lucke island, which lieth in the' southern Virginia
seas, and within six and thirty degrees of the northern latitude,
and to the west as far as the south seas, and so southerly as far as
the river St Matthias, which bordereth upon the coast of Florida,
and within one and thirty degrees of northern latitude, and so west
in a direct line as far as the south seas aforesaid ; together with all
and singular ports, harbours, bays, rivers, isles and islets belonging
to the country aforesaid ; and also all the soil, lands, fields, woods,
mountains, fields, lakes, rivers, bays and islets, scituate or being
within the bounds or limits aforesaid, with the fishing of all sorts
of fish, whales, sturgeons, and all other royal fishes in the sea,
bays, islets and rivers within the premises, and the fish therein
taken ; and moreover all veins, mines, quarries, as well discovered
as not discovered, of gold, silver, gems, precious stones, and all
other whatsoever, be it of stones, metals, or any other thing what-
soever, found or to be found within the countries, isles and limits
aforesaid.

3d. And furthermore, the patronage and advowsons of all the
churches and chappels, which as Christian religion shall increase
within the country, isles, islets and limits aforesaid, shall happen
hereafter to be erected, together with license and power to build
and found churches, chappels and oratories, in convenient and fit
places, within the said bounds and limits, and to cause them to be
dedicated and consecrated according to the ecclesiastical laws of
our kingdom of England, together with all and singular the like,
and as ample rights, jurisdictions, priviledges, prerogatives, royal-
ties, liberties, immunities and franchises of what kind soever,
within the countries, isles, islets and limits aforesaid.

4th. To have, use, exercise and enjoy, and in as ample manner
as any bishop of Durham in our kingdom of England, ever hereto-
fore have held, used or enjoyed, or of right ought or could have,
use, or enjoy. And them, the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir Wil-
liam Berkley, and Sir John Colleton, their heirs and assigns, we
do by these presents, for us, our heirs and successors, make,
create and constitute the true and absolute Lords Proprietors of
the country aforesaid, and of all other the premises; saving always
the faith, allegiance and sovereign dominion due to us, our heirs
and successors, for the same, and saving also the right, title and
interest of all and every our subjects of the English nation, which
are now planted within the limits and bounds aforesaid (if any be) .
To have, hold, possess and enjoy the said country, isles, islets,
and all and singular other the premises, to them the said Edward

FIRST CHARTER OF CHARLES II. 439

Earl of Clarendon, George Duke of Albemarle, William Lord
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, Sir John Colleton, their heirs and
assigns forever, to be holden of us, our heirs and successors, as
of our manner of East Greenwich in our county of Kent, in free
and common soccage, and not in capite, or by knight service ;
yielding and paying yearly to us, our heirs and successors, for the
same, the yearly rent of twenty marks of lawful money of England,
at the feast of All Saints, yearly forever, the first payment thereof
to begin and to be made on the feast of All Saints, which shall be
in the year of our Lord one thousand six hundred and sixtyfive,
and also the fourth part of all gold or silver ore, which, within the
limits aforesaid, shall from time to time happen to be found.

5th. And that the country, thus by us granted and described,
may be dignified by us with as large titles and priviledges as any
other part of our dominions and territories in that region, Know
ye, that we of our further grace, certain knowledge, and meer
motion, have thought fit to erect the same tract of ground, county,
and island, into a province, and out of the fulness of our royal
power and prerogative, we do, for us, our heirs and successors,
erect, incorporate and ordain the same into a province, and call it
the Province of Carolina, and so from henceforth will have it
called ; and forasmuch as we have hereby made and ordained the
aforesaid Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ash-
ley, Sir George Carteret, Sir William Berkley, and Sir John Col-
leton, their heirs and assigns, the true lords and proprietors of all
the province aforesaid ; Know ye, therefore moreover, that we,
reposing especial trust and confidence in their fidelity, wisdom,
justice and provident circumspection, for us, our heirs and suc-
cessors, do grant full and absolute power, by virtue of these pre-
sents, to them the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, An-
thony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, and their heirs, for the good and happy
government of the said province, to ordain, make, enact, and un-
der their seals to publish any laws whatsoever, either appertaining
to the publick state of the said province, or to the private utility of
particular persons, according to their best discretion, of and with
the advice, assent and approbation of the freemen of the said
province, or of the greater part of them, or of their delegates or
deputies, whom for enacting of the said laws, when and as often
as need shall require, we will that the said Edward Earl of Clar-
endon, George Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, and their heirs, shall from
time to time assemble in such manner and form as to them shall
seem best, and the same laws duly to execute upon all people
within the said province and limits thereof, for the time being, or
which shall be constituted under the power and government of
them or any of them, either sailing towards the said province of

440 FIRST CHARTER OF CHARLES II.

Carolina, or returning from thence towards England, or any other
of our, or foreign dominions, by imposition of penalties, impris-
onment, or any other punishment ; yea, if it shall be needfull,
and the quality of the offence requires it, by taking away member
and life, either by them, the said Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir Wil-
liam Berkley, and Sir John Colleton, and their heirs, or by them
or their deputies, lieutenants, judges, justices, magistrates, officers
and members to be ordained or appointed according to the tenor
and true intention of these presents ; and likewise to appoint and
establish any judges or justices, magistrates or officers whatsoever,
within the said province, at sea or land, in such manner and form
as unto the said Edward Earl of Clarendon, George Duke of Al-
bemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton and their heirs shall seem most convenient ; also, to
remit, release, pardon and abolish (whether before judgment or after)
all crimes and offences whatsoever, against the said laws, and to
do all and every other thing and things, which unto the compleat
establishment of justice unto courts, sessions, and forms of judic-
ature and manners of proceedings therein do belong, although in
these presents express mention be not made thereof; and by
judges and by him or them delegated, to award process, hold
pleas, and determine in all the said courts, and places of judicature,
all actions, suits and causes whatsoever, as well criminal or civil,
real, mixt, personal, or of any other kind or nature whatsoever ;
which laws, so as aforesaid to be published, our pleasure is, and
we do require, enjoin and command, shall be absolute, firm and
available in law, and that all the liege people of us, our heirs and
successors, within the said province of Carolina, do observe and
keep the same inviolably in those parts, so far as they concern
them, under the pains and penalties therein expressed, or to be
expressed : Provided nevertheless, that the said laws be consonant
to reason, and as near as may be conveniently, agreeable to the
laws and customs of this our kingdom of England.

6th. And because such assemblies of freeholders cannot be so
conveniently called, as there may be occasion to require the same,
we do, therefore, by these presents, give and grant unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, by themselves or their magistrates, in that
behalf lawfully authorized, full power and authority, from time to
time to make and ordain fit and wholesome orders and ordinances,
within the province aforesaid, to be kept and observed as well for
the keeping of the peace, as for the better government of the
people there abiding, and to publish the same to all to whom it may
concern ; which ordinances, we do by these presents streightly
charge and command to be inviolably observed within the said
province, under the penalties therein expressed, so as such ordi-

FIRST CHARTER OF CHARLES II.

nances be reasonable, and not repugnant or contrary, but as near
as may be, agreeable to the laws and statutes of this our kingdom
of England, and so as the same ordinances do not extend to the
binding, charging, or taking away of the right or interest of any
person or persons, in their freehold, goods or chattels whatsoever.

7th. And to the end the said province may be the more happily
increased, by the multitude of people resorting thither, and may
likewise be the more strongly defended from the incursions of
salvages and other enemies, pirates and robbers, therefore we, for
us, our heirs and successors, do give and grant by these presents,
power, license and liberty unto all the liege people of us, our heirs
and successors in our kingdom of England or elsewhere, within
any other our dominions, islands, colonies or plantations, (except-
ing those who shall be especially forbidden,) to transport them-
selves and families unto the said province, with convenient shipping
and fitting provisions, and there to settle themselves, dwell and
inhabit, any law, statute, act, ordinance, or other thing to the con-
trary in any wise notwithstanding. And we will also, and of our
more special grace, for us, our heirs and successors, do streightly
enjoin, ordain, constitute and command, that the said province of
Carolina, shall be of our allegiance, and that all and singular the
subjects and liege people of us, our heirs and successors, trans-
ported or to be transported into the said province, and the children
of them and of such as shall descend from them, there born or
hereafter to be born, be and shall be denizons and lieges of us, our
heirs and successors of this our kingdom of England, and be in all
things held, treated, and reputed as the liege faithful people of us,
our heirs and successors, born within this our said kingdom, or
any other of our dominions, and may inherit or otherwise pur-
chase and receive, take, hold, buy and possess any lands, tene-
ments or hereditaments within the same places, and them may
occupy, possess and enjoy, give, sell, aliene and bequeathe ; as
likewise all liberties, franchises and priviledges of this our kingdom
of England, and of other our dominions aforesaid, and may freely
and quietly have, possess and enjoy, as our liege people born
within the same, without the least molestation, vexation, trouble or
grievance of us, our heirs and successors, any statute, act, ordi-
nance, or provision to the contrary notwithstanding.

Sth. And furthermore, that our subjects of this our said king-
dom of England, and other our dominions, may be the rather
encouraged to undertake this expedition with ready and chearful
minds, know ye, that we of our special grace, certain knowledge
and meer motion, do give and grant by virtue of these presents, as
well to the said Edward Earl of Clarendon, George Duke of
Albemarle, William Lord Craven, John Lord Berkley, An-
thony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, and their heirs, as unto all others as
shall from time to time repair unto the said province, with a
purpose to inhabit there, or to trade with the natives of the said
province, full liberty and license to lade and freight in any port
whatsoever, of us, our heirs and successors, and into the said

vol. ii. 56

441

442 FIRST CHARTER OF CHARLES II.

province of Carolina, by them, their servants or assigns, to trans-
port all and singular their goods, wares and merchandises, as like-
wise all sorts of grain whatsoever, and any other things whatsoever,
necessary for the food and clothing, not prohibited by the laws
and statutes of our kingdoms and dominions, to be carried out of
the same, without any let or molestation of us, our heirs and suc-
cessors, or of any other of our officers, or ministers whatsoever,
saving also to us, our heirs and successors, the customs and other
duties and payments, due for the said wares and merchandises,
according to the several rates of the places from whence the same
shall be transported. We will also, and by these presents, for us,
our heirs and successors, do give and grant license by this our
charter, unto the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, An-
thony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, their heirs and assigns, and to all the
inhabitants and dwellers in the province aforesaid, both present
and to come, full power and absolute authority to import or un-
lade by themselves or their servants, factors or assigns, all mer-
chandises and goods whatsoever, that shall arise of the fruits and
commodities of the said province, either by land or by sea, into
any of the ports of us, our heirs and successors, in our kingdom
of England, Scotland or Ireland, or otherwise to dispose of the
said goods, in the said ports ; and if need be, within one year next
after the unlading, to lade the said merchandises and goods again
into the same or other ships, and to export the same into any other
countries either of our dominions, or foreign, being in amity with
us, our heirs and successors, so as they pay such customs, subsi-
dies, and other duties for the same, to us, our heirs and succes-
sors, as the rest of our subjects of this our kingdom, for the time
being, shall be bound to pay, beyond which we will not, that the
inhabitants of the said province of Carolina, shall be any ways
charged.

9th. Provided nevertheless, and our will and pleasure is, and we
have further for the consideration aforesaid, of our more especial
grace, certain knowledge, and meer motion, given and granted,
and by these presents, for us, our heirs and successors, do give
and grant unto the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, An-
thony Lord Ashley, Sir George Carteret, Sir William Berkley and
Sir John Colleton, their heirs and assigns, full and free license,
liberty and authority, at any time or times, from and after the feast
of St Michael the archangel, which shall be in the year of our
Lord Christ, one thousand six hundred sixty and seven, as well to
import, and bring into any of our dominions from the said prov-
ince of Carolina, or any part thereof, the several goods and com-
modities, hereinafter mentioned, that is to say, silks, wines, cur-
rants, raisins, capers, wax, almonds, oyl and olives, without paying
or answering to us, our heirs or successors, any custom, import, or
other duty, for and in respect thereof, for and during the term and
space of seven years, to commence and be accompted, from and

FIRST CHARTER OF CHARLES II.

after the first importation of four tons of any the said goods, in
any one bottom, ship or vessel from the said province, into any of
our dominions, as also to export and carry out of any of our do-
minions, into the said province of Carolina, custom free, all sorts
of tools which shall be usefull or necessary for the planters there,
in the accommodation and improvement of the premises, any
thing before, in these presents contained, or any law, act, statute,
prohibition or other matter, or any thing heretofore had, made,
enacted or provided, or hereafter to be had, made, enacted or pro-
vided, to the contrary, in any wise notwithstanding.

10th. And furthermore, of our own ample and especial grace,
certain knowledge, and meer motion, we do for us, our heirs and
successors, grant unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley
and Sir John Colleton, their heirs and assigns, full and absolute
power and authority, to make, erect and constitute, within the said
province of Carolina, and the isles and islets aforesaid, such and so
many seaports, harbours, creeks and other places, for discharge and
unlading of goods and merchandises, out of ships, boats and other
vessels, and for lading of them, in such and so many places, and
with such jurisdiction, priviledges and franchises unto the said ports
belonging, as to them shall seem most expedient, and that all and
singular the ships, boats and other vessels, which shall come for
merchandises and trade into the said province, or shall depart
out of the same, shall be laden and unladen at such ports only, as
shall be erected and constituted by the said Edward Earl of Clar-
endon, George Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, their heirs and assigns,
and not elsewhere,' any use, custom or any other thing to the con-
trary, in any wise notwithstanding.

11th. And we do furthermore will, appoint and ordain, and by
these presents for us, our heirs and successors, do grant unto the
said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ash-
ley, Sir George Carteret, Sir William Berkley and Sir John Col-
leton, their heirs and assigns, that they the said Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carte-
ret, Sir William Berkley and Sir John Colleton, their heirs and
assigns, may from time to time forever, have and enjoy, the cus-
toms and subsidies in the ports, harbors, creeks and other_ places
within the province aforesaid, payable for goods, merchandise and
wares, there laded or to be laded, or unladed, the said customs to
be reasonably assessed, upon any occasion, by themselves, and by
and with the consent of the free people there, or the greater part
of them as aforesaid ; to whom we give power by these presents,
for us, our heirs and successors, upon just cause and in a due pro-
portion, to assess and impose the same.

12th. And further, of our special grace, certain knowledge, and
meer motion, we have given, granted and confirmed, and by these

443

444

FIRST CHARTER OF CHARLES II.

presents, for us, our heirs and successors, do give, grant and con-
firm unto the said Edward Earl of Clarendon, George Duke of
Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, their heirs and assigns, full and absolute license, power and
authority, that the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Antho-
ny Lord Ashley, Sir George Carteret, Sir William Berkley, Sir
John Colleton, their heirs and assigns, from time to time, here-
after, forever, at his and their will and pleasure, may assign, alien,
grant, demise or enfeof the premises, or any part or parcels
thereof, to him or them that shall be willing to purchase the same,
and to such person or persons as they shall think fit, to have and
to hold, to them the said person or persons, their heirs or assigns,
in fee simple or fee tayle, or for term for life, or lives, or years,
to be held of them, the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley
and Sir John Colleton, their heirs and assigns, by such rents, ser-
vices and customs, as shall seem meet to the said Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carte-
ret, Sir William Berkley, and Sir John Colleton, their heirs and
assigns, and not immediately of us, our heirs and successors, and
to the same person and persons, and to. all and every of them, we
do give and grant by these presents, for us, our heirs and succes-
sors, license, authority and power, that such person or persons,
may have or take the premises, or any parcel thereof, of the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley and Sir John Colleton,
their heirs and assigns, and the same to hold, to themselves, their
heirs or assigns, in what estate of inheritance whatsoever, in fee
simple, or fee tayle, or otherwise, as to them and the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, shall seem expedient ; the statute made in the parlia-
ment of Edward, son of King Henry, heretofore king of England,
our predecessor, commonly called the statute* of " quia emptores
terrarum;" or any other statute, act, ordinance, use, law, custom
or any other matter, cause or thing heretofore published, or pro-
vided to the contrary, in any wise notwithstanding.

13th. And because many persons born, or inhabiting in the said
province, for their deserts and services, may expect and be capable
of marks of honor and favor, which, in respect of the great dis-
tance, cannot be conveniently conferred by us ; our will and
pleasure therefore is, and we do by these presents, give and grant
unto the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Lord Craven, John Lord Berkley, Anthony Lord

* IS Ed. 1 West. 3 c. 1 p. 45.

FIRST CHARTER OF CHARLES II.

Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, their heirs and assigns, full power and authority, to give
and confer, unto and upon, such of the inhabitants of the said
province, as they shall think do or shall merit the same, such marks
of favour and titles of honour as they shall think fit, so as these titles
of honour be not the same as are enjoyed by, or conferred upon any
the subjects of this our kingdom of England.

14th. And further also, we do by these presents, for us, our
heirs and successors, give and grant license to them, the said Ed-
ward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, full power, liberty and license to erect,
raise and build within the said province and places aforesaid, or
any part or parts thereof, such and so many forts, fortresses,
castles, cities, buroughs, towns, villages and other fortifications
whatsoever, and the same or any of them to fortify and furnish
with ordinance, powder, shot, armory, and all other weapons,
ammunition, habilements of war, both offensive and defensive, as
shall be thought fit and convenient for the safety and welfare of the
said province and places, or any part thereof, and the same, or
any of them from time to time, as occasion shall require, to dis-
mantle, disfurnish, demolish and pull down, and also to place,
constitute and appoint in and over all or any of the castles, forts,
fortifications, cities, towns and places aforesaid, governors, deputy
governors, magistrates, sheriffs and other officers, civil and mili-
tary, as to them shall seem meet, and to the said cities, buroughs,
towns, villages, or any other place or places within the said
province, to grant " letters or charters of incorporation," with all
liberties, franchises and priviledges, requisite and usefull, or to or
within any corporations, within this our kingdom of England,
granted or belonging ; and in the same cities, buroughs, towns and
other places, to constitute, erect and appoint such and so many
markets, marts and fairs, as shall in that behalf be thought fit and
necessary; and further also to erect and make in the province
aforesaid, or any part thereof, so many mannors as to them shall
seem meet and convenient, and in every of the said mannors to
have and to hold a court baron, with all things whatsoever which
to a court baron do belong, and to have and to hold views of
"frank pledge" and "court leet," for the conservation of the
peace and better government of those parts, within such limits,
jurisdictions and precincts, as by the said Edward Earl of Claren-
don, George Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, or their heirs, shall be
appointed for that purpose, with all things whatsoever, which to a
court leet, or view of frank pledge do belong, the said court to be
holden by stewards, to be deputed and authorized by the said Ed-
ward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton, or

445

446 FIRST CHARTER OF CHARLES II.

their heirs, or by the lords of other mannors and leets, for the
time being, when the same shall be erected.

15th. And because that in so remote a country, and scituate
among so many barbarous nations, and the invasions as well of
salvages as of other enemies, pirates and robbers, may probably
be feared ; therefore we have given, and for us, our heirs and suc-
cessors, do give power, by these presents, unto the said Edward,
Earl of Clarendon, George Duke of Albemarle, William Lord
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, by themselves, or their captains, or other their offi-
cers, to levy, muster and train all sorts of men, of what condition
or wheresoever born, in the said province for the time being, and
to make war and pursue the enemies aforesaid, as well by sea as
by land, yea, even without the limits of the said province, and by
God's assistance to vanquish and take them, and being taken to
put them to death by the law of war, or to save them at their
pleasure ; and to do all and every other thing, which unto the
charge of a captain general of an army belongeth, or hath accus-
tomed to belong, as fully and freely as any captain general of an
army hath or ever had the same.

16th. Also our will and pleasure is, and by this our charter we
give unto the said Edward Earl of Clarendon, George Duke of
Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, full power, liberty and
authority, in case of rebellion, tumult or sedition, (if any should
happen,) which God forbid, either upon the land within the pro-
vince aforesaid, or upon the main sea, in making a voyage thither,
or returning from thence, by him or themselves, their captains,
deputies and officers, to be authorized under his or their seals for
that purpose, to whom also, for us, our heirs and successors, we
do give and grant by these presents, full power and authority, to
exercise martial law against mutinous and seditious persons of those
parts, such as shall refuse to submit themselves to their govern-
ment, or shall refuse to serve in the wars, or shall fly to the ene-
my, or forsake their colours or ensigns, or be loyterers or straglers,
or otherwise howsoever offending against law, custom or discipline
military, as freely and in as ample manner and form as any captain
general of an army by vertue of his office, might or hath accus-
tomed to use the same.

17th. And our further pleasure is, and by these presents, for
us, our heirs and successors, we do grant unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, and to all the tenants and inhabitants of the said pro-
vince of Carolina, both present and to come, and to every of
them, that the said province and the tenants and inhabitants
thereof, shall not from henceforth be held or reputed a member or
part of any colony whatsoever in America, or elsewhere, now

FIRST CHARTER OF CHARLES II. 447

transported or made, or hereafter to be transported or made ; nor
shall be depending on, or subject to their government in any thing,
but be absolutely seperated and divided from the same ; and our
pleasure is, by these presents, that they be seperated, and that
they be subject immediately to our crown of England, as depend-
ing thereof forever ; and that the inhabitants of the said Province,
nor any of them, shall at any time hereafter be compelled or
compellable, or be any ways subject or liable to appear or answer
to any matter, suit, cause or plaint whatsoever, out of the Province
aforesaid, in any other of our islands, colonies, or dominions in
America, or elsewhere, other than in our realm of England, and
dominion of Wales.

18th. And because it may happen that some of the people and
inhabitants of the said province, cannot in their private opinions,
conform to the publick exercise of religion, according to the lit-
urgy, form and ceremonies of the church of England, or take and
subscribe the oaths and articles, made and established in that
behalf, and for that the same, by reason of the remote distances of
these places, will, we hope be no breach of the unity and uni-
formity established in this nation ; our will and pleasure therefore
is, and we do by these presents, for us, our heirs and successors,
give and grant unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, their heirs and assigns, full and free license,
liberty and authority, by such legal ways and means as they shall
think fit, to give and grant unto such person or persons, inhabiting
and being within the said province, or any part thereof, who
really in their judgments, and for conscience sake, cannot or shall
not conform to the said liturgy and ceremonies, and take and sub-
scribe the oaths and articles aforesaid, or any of them, such indul-
gencies and dispensations in that behalf, for and during such time
and times, and with such limitations and restrictions as they, the
said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs or assigns, shall in their discretion think fit and reason-
able ; and with this express proviso, and limitation also, that such
person and persons, to whom such indigencies and dispensations
shall be granted as aforesaid, do and shall from time to time declare
and continue, all fidelity, loyalty and obedience to us, our heirs
and successors, and be subject and obedient to all other the laws,
ordinances, and constitutions of the said province, in all matters
whatsoever, as well ecclesiastical as civil, and do not in any wise
disturb the peace and safety thereof, or scandalize or reproach
the said liturgy, forms and ceremonies, or any thing relating there-
unto, or any person or persons whatsoever, for or in respect of his
or their use or exercise thereof, or his or their obedience and con-
formity, thereunto.

19th. And in case it shall happen, that any doubts or questions
should arise, concerning the true sense and understanding of any

448 FIRST CHARTER OF CHARLES II.

word, clause or sentence contained in this our present charter, we
will, ordain and command, that at all times, and in all things, such
interpretation be made thereof, and allowed in all and every of our
courts whatsoever, as lawfully may be adjudged most advantageous
and favourable to the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, although express mention
be not made in these presents, of the true yearly value and cer«
lainty of the premises, or any part thereof, or of any other gifts
and grants made by us, our ancestors, or predecessors, to them
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ash-
ley, Sir George Carteret, Sir William Berkley, and Sir John Col-
leton, or any other person or persons whatsoever, or any statute,
act, ordinance, provision, proclamation or restraint, heretofore
had, made, published, ordained or provided, or any other thing,
cause or matter, whatsoever, to the contrary thereof, in any wis*;
notwithstanding.

In Witness, &c.
Witness the King, at Westminster, the four and twentieth
day of March, in the fifteenth year of our reign, (1663.)

PER IPSUM REGEM.

THE

FUNDAMENTAL CONSTITUTIONS

OT

CAROLINA,

DRAWN UP BY JOHN LOCKE, MARCH 1, 1669.

[See Locke's Works. Kih edilion, voVume 10, page 175.J

Our sovereign Lord the King, having out of his royal grace and
bounty, granted unto us the Province of Carolina, with all the roy-
alties, properties, jurisdictions and priviledges of a County Pala-
tine, as large and ample as the County Palatine of Durham, with
other great Priviledges ; for the better settlement of the govern-
ment of the said place, and establishing the interest of the Lords
Proprietors with equality, and without confusion ; and that the
government of this Province may be made most agreeable to the
Monarchy under which we live, and of which this Province is a
part ; and that we may avoid erecting a numerous democracy :
We, the Lords and proprietors of the Province aforesaid, have
agreed to this following form of government, to be perpetually
established amongst us, unto which we do oblige ourselves, our
heirs and successors, in the most binding ways that can be devised.

1st. The eldest of the Lords Proprietors shall be Palatine ;
and upon the decease of the Palatine the eldest of the seven sur-
viving proprietors shall always succeed him.

2d. There shall be seven other chief offices erected, viz. the
Admirals, Chamberlains, Chancellors, Constables, Chief Justices,
High Stewards and Treasurers ; which places shall be enjoyed by
none but the Lords Proprietors, to be assigned at first by lot ;
and upon the vacancy of any one of the seven great offices, by
death or otherwise, the eldest proprietor shall have his choice of
the said place.

3d. The whole Province shall be divided into Counties ; each
county shall consist of eight signories, eight baronies and four pre-
cincts ; each precinct shall consist of six colonies.

4th. Each signory, barony, and colony, shall consist of twelve
thousand acres, the eight signories being the share of the eight
proprietors, and the eight baronies of the nobility ; both which
shares, being each of them one fifth of the whole, are to be per-
petually annexed, the one to the proprietors and the other to the
hereditary nobility ; leaving the colonies, being three fifths,

vol. ii. 57

450

LOCKE S CONSTITUTION.

amongst the people ; so that in setting out and planting the lands,
the balance of the government may be preserved.

5th. At any time before the year one thousand, seven hundred
and one, any of the lords proprietors shall have power to relinquish,
alienate and dispose to any other person, his proprietorship, and
all the signories, powers, and interest, thereunto belonging, wholly
and intirely together, and not otherwise. But after the year one
thousand, seven hundred, those who are then Lords Proprietors,
shall not have power to alienate, or make over their proprietorship,
with the signories and priviledges thereunto belonging or any part
thereof to any person whatsoever, otherwise than in section 18th ;
but it shall all descend unto their heirs male ; and for want of heirs
male, it shall all descend on that Landgrave, or Casique, of Caro-
lina, who is descended of the next heirs female of the proprietor ;
and for want of such heirs, it shall descend on the next heir gen-
eral ; and for want of such heirs, the remaining seven proprietors
shall upon the vacancy, choose a Landgrave to succeed the de-
ceased proprietors, who being chosen by the majority of the seven
surviving proprietors, he and his heirs, successively, shall be pro-
prietors, as fully, to all intents and purposes, as any of the rest.

6th. That the number of eight proprietors may be constantly
kept ; if upon the vacancy of any proprietorship, the seven sur-
viving proprietors shall not choose a Landgrave to be a proprietor,
before the second biennial parliament after the vacancy, then the
next biennial parliament but one, after such vacancy shall have
power to choose any Landgrave to be a proprietor.

7th. Whosoever after the year one thousand seven hundred,
either by inheritance or choice, shall succeed any proprietor in his
proprietorship and signories thereunto belonging, shall be obliged
to take the name and arms of that proprietor whom he succeeds,
which from thenceforth shall be the name and arms of his family
and their posterity.

8th. Whatsoever Landgrave or Casique shall any way come to
be a proprietor, shall take the signories annexed to the said pro-
prietorship : but his former dignity, with the baronies annexed,
shall devolve into the hands of the Lords Proprietors.

9th. There shall be just as many Landgraves as there are coun-
ties, and twice as many Casiques, and no more. These shall be
tbe hereditary nobility of the Province, and by right of their dignity
be members of parliament. Each Landgrave shall have four baro-
nies, and each Casique two baronies, hereditarily and unalterably
annexed to and settled upon the said dignity.

10th. The first Landgraves and Casiques, of the twelve first
counties to be planted, shall be nominated thus, that is to say, of
the twelve Landgraves, the Lords Proprietors shall each of them
separately for himself, nominate and choose one ; and the remain-
ing four Landgraves of the first twelve shall be nominated and
chosen by the Palatine's court. In like manner of the twentyfour
first Casiques, each proprietor for himself shall nominate and choose
two, and the remaining eight shall be nominated and chosen by the
palatine's court ; and when the twelve first counties shall be plant-

locke's constitution. 451

ed, the Lords Proprietors shall again, in the same manner, nomi-
nate and choose twelve more Landgraves, and twenty four more
Casiques, for the next twelve counties to be planted ; that is to
say, two thirds of each number, by the single nomination of each
proprietor for himself, and the remaining third by the joint election
of the palatine's court ; and so proceed in the same manner, till
the whole province of Carolina be set out and planted, according
to the proportions in these fundamental constitutions.

11th. Any Landgrave or Casique, at any time before the year
one thousand seven hundred and one, shall have power to alienate,
sell or make over to any other person, his dignity, with the baronies
thereunto belonging, all intirely together ; but after the year one
thousand, seven hundred, no Landgrave or Casique shall have
power to alienate, sell, make over, or let the hereditary baronies of
his dignity, or any part thereof, otherwise than as in section 18th ;
but they shall all intirely, with the dignity thereunto belonging, de-
scend unto his heirs male ; and for want of heirs male, all intirely
and undivided, to the next heir general ; and for wTant of such heirs
shall devolve into the hands of the Lords proprietors.

12th. That the due number of Landgraves and Casiques, may
be always kept up ; if upon the devolution of any landgraveship,.
or Casiqueship, the palatine's court shall not settle the devolved
dignity, with the baronies thereunto annexed, before the second
biennial parliament, after such devolution, the next biennial parlia-
ment but one, after such devolution, shall have power to make any
one landgrave or casique, in the room of him who dying without
heirs, his dignity and baronies devolved.

13th. No one person shall have more than one dignity, with the
signiories or baronies thereunto belonging. But whensoever it
shall happen, that any one who is already Proprietor, Landgrave, or
Casique, shall have any of these dignities descend to him by inher-
itance, it shall be at his choice to keep which of the dignities,
with the lands annexed, he shall like best ; but shall leave the
other, with the lands annexed, to be enjoyed by him, who not being
his heir apparent, and certain successor to his present dignity, is
next of blood.

14th. Whosoever by right of inheritance, shall come to be Land-
grave or Casique, shall take the name and arms of his predecessor
in that dignity, to be from thenceforth the name and arms of his
family and their posterity.

15th. Since the dignity of Proprietor, Landgrave or Casique,
cannot be divided, and the signiories or baronies, thereunto
annexed, must forever all intirely descend with and accompany
that dignity ; whensoever for want of heirs male, it shall descend
on the issue female, the eldest daughter and her heirs shall be pre-
ferred, and in the inheritance of those dignities, and in the signiories
or baronies annexed, there shall be no co-heirs.

16th. In every signiory, barony, and manor, the respective Lord
shall have power in his own name to hold court leet there, for
trying of all causes, both civil and criminal ; but where it shall
concern any person being no inhabitant, vassal, or leet man, of the

452 locke's constitution.

said signiory, barony or manor, he upon paying down of forty
shillings, for the Lords Proprietors' use, shall have an appeal from
the signiory, or barony court, to the county court, and from the
manor court to the precinct court.

17th. Every manor shall consist of not less than three thousand
acres, and not above twelve thousand acres, in one intire piece
and colony ; but any three thousand acres or more, in one piece,
and the possession of one man, shall not be a manor, unless it be
constituted a manor by the grant of the palatine's court.

18th. The Lords of signiories and baronies, shall have power
only of granting estates not exceeding three lives, or twentyone
years, in two thirds of the said signiories, or baronies, and the
remaining third shall be always demesne.

19th. Any Lord of a manor, may alienate, sell, or dispose to
any other person and his heirs forever, his manor all intirely to-
gether, with all the priviledges and leet men, thereunto belonging,
so far forth as any colony lands ; but no grant of any part thereof,
either in fee or for any longer term than three lives, or one and
twenty years, shall be good against the next heir.

20th. No manor, for want of issue male, shall be divided amongst
co-heirs ; but the manor, if there be but one, shall all intirely
descend to the eldest daughter and her heirs. If there be more
manors than one, the eldest daughter first shall have her choice,
the second next, and so on, beginning again at the eldest until all
the manors be taken up ; that so the priviledges which belong to
manors, being indivisible, the lands of the manors, to which they
are annexed, may be kept intire, and the manor not lose those
priviledges, which upon parcelling out to several owners must
necessarily cease.

21st. Every Lord of a manor, within his own manor, shall have
all the powers, jurisdictions and priviledges, which a Landgrave
or Casique hath in his baronies.

22d. In every signiory, barony and manor, all the leet men shall
be under the jurisdiction of the respective Lords of the said sign-
iory, barony or manor, without appeal from him. Nor shall any
leet man, or leet woman have liberty to go off from the land of
their particular Lord and live any where else, without license
obtained from their said Lord, under hand and seal.

23d. All the children of leet men, shall be leet men, and so to
all generations.

24th. No man shall be capable of having a court leet, or leet
men, but a Proprietor, Landgrave, Casique, or Lord of a manor.

25th. Whoever shall voluntarily enter himself a leet man, in the
registry of the county court, shall be a leet man.

26th. Whoever is Lord of leet men, shall upon the marriage of
a leet man, or leet woman of his, give them ten acres of land, for
their lives, they paying to him therefore, not more than one eighth
part of all the yearly produce and growth of the said ten acres.

27th. No Landgrave or Casique, shall be tried for any criminal
cause, in any but the Chief-justice's court, and that by a jury of his
peers.

Locke's constitution. 453

28th. There shall be eight supreme courts. The first called the
palatine's court, consisting of the Palatine and the other seven Pro-
prietors. The other seven courts, of the other seven great offi-
cers, shall consist each of them of a Proprietor, and six counsellors
added to him. Under each of these latter seven courts, shall be
a college of twelve assistants. The twelve assistants of the several
colleges, shall be chosen, two out of the Landgraves, Casiques, or
eldest sons of the Proprietors, by the palatine's court : two out of
the Landgraves, by the Landgraves' Chamber ; two out of the
Casiques, by the Casiques' chamber ; four more of the twelve,
shall be chosen by the Common's chamber, out of such as have
been, or are members of parliament, sheriffs, or justices of the
county court, or the younger sons of Proprietors, or the eldest
sons of Landgraves or Casiques ; the two others shall be chosen
by the Palatine's court, out of the same sort of persons out of which
the common's chamber is to choose.

29th. Out of these colleges, shall be chosen at first by the pala-
tine's court, six counsellors to be joined with each Proprietor in
his court ; of which six, one shall be of those, who were chosen
into any of the colleges by the palatine's court, out of the Land-
graves, Casiques, or eldest sons of Proprietors ; one, out of those
who were chosen by the Landgrave's chamber ; one, out of those
who were chosen by the Casique's chamber ; two, out of those
who were chosen by the Common's chamber ; and one out of those
who were chosen by the Palatine's court, out of the Proprietor's
younger sons, or eldest sons of Landgraves, Casiques, or Com-
mons qualified as aforesaid.

30th. When it shall happen that any Counsellor dies, and there-
by there is a vacancy ; the grand council shall have power to re-
move any counsellor that is willing to be removed out of any of the
Proprietor's courts, to fill up the vacancy, provided they take a
man of the same degree and choice the other was of, whose place
is to be filled up. But if no councellor consent to be removed,
or upon such remove the last remaining vacant place, in any of the
Proprietors courts, shall be filled up by the choice of the grand
council, who shall have power to remove out of any of the colleges,
any assistant who is of the same degree and choice that counsellor
was of, into whose vacant place he is to succeed. The grand
counsil also, have power to remove any assistant, that is willing,
out of one college into another, provided he be of the same degree
and choice. But the last remaining vacant place in any college,
shall be filled up by the same choice, and out of the same degree
of persons the assistant was of, who is dead or removed. No
place shall be vacant in any Proprietor's court above six months.
No place shall be vacant in any college, longer than the next ses-
sion of parliament.

31st. No man being a member of the grand council, or of any
of the seven colleges, shall be turned out, but for misdemeanour,
of which the grand council shall be judge ; and the vacancy of the
person so put out, shall be filled, not by the election of the grand
council, but by those who first chose him, and out of the same

454 locke's constitution.

degree he was of, who is expelled. But it is not hereby to be
understood, that the grand council hath any power to turn out any
one of the Lords Proprietors, or their deputies ; the Lords Pro-
prietors having in themselves, an inherent original right.

32d. All elections in the parliament, in the several chambers
of the parliament, and in the grand council, shall be passed by
balloting.

33d. The Palatine's court shall consist of the palatine, and seven
Proprietors, wherein nothing shall be acted without the presence
and consent of the Palatine or his deputy, and three other of the
Proprietors or their deputies. This court shall have power to
call Parliaments, to pardon all offences, to make elections of all
officers in the Proprietor's dispose, and to nominate and appoint
port townes ; and also shall have power by their order to the
treasurer, to dispose of all public treasure, excepting money grant-
ed by the Parliament, and by them directed to some particular
public use ; and also shall have a negative upon all acts, orders,
votes and judgments of the grand council and the parliament, except
only as in Sec. 6th and 12th, and shall have all the powers granted
to the Lords Proprietors, by their patent from our sovereign lord
the king, except in such things as are limited by these fundamental
constitutions.

34th. The Palatine himself, when he in person shall be either in
the army, or any of the Proprietor's courts, shall then have the
power of general, or of that Proprietor in whose court he is then
present, and the Proprietor in whose court the Palatine then pre-
sides, shall during his presence there, be but as one of the coun-
cil.

35th. The chancellor's court, consisting of one of the Propri-
etors, and his six counsellors, who shall be called vice chancellors,
shall have the custody of the seal of the Palatine, under which
charters of lands or otherwise, commissions and grants of the
Palatine's court, shall pass. And it shall not be lawful to put the
seal of the Palatinate to any writing, which is not signed by the
Palatine or his deputy, and three other Proprietors or their dep-
uties. To this court also belong all state matters, despatches, and
treaties with the neighbour Indians. To this court also belong all
invasions of the law, of liberty, of conscience, and all invasions
of the public peace, upon pretence of religion, as also the license
of printing. The twelve assistants belonging to this court, shall
be called recorders.

36th. Whatever passes under the seal of the Palatinate, shall
be registered in that proprietor's court to which the matter therein
contained, belongs.

37th. The Chancellor or his deputy, shall be always speaker in
Parliament, and president of the grand council, and in his and his
deputy's absence, one of the vice chancellors.

38th. The Chief Justice's Court, consisting of one of the pro-
prietors and his six counsellors, who shall be called justices of the
bench, shall judge all appeals in cases both civil and criminal, ex-
cept all such cases as shall be under the jurisdiction and cognizance

K

K

Locke's constitution. 455

of any other of the Proprietor's courts, which shall be tried in
those courts respectively. The government and regulation of
registries of writings and contracts, shall belong to the jurisdiction
of this court. The twelve assistants of this court, shall be called
masters.

39th. The Constable's Court, consisting of one of the Propri-
etors and his six counsellors, who shall be called Marshalls, shall
order and determine of all military affairs by land, and all land
forces, arms, ammunition, artillery, garrisons and forts, &c. and
whatever belongs unto war. His twelve assistants shall be called
Lieutenant Generals.

40th. In time of actual war, the Constable while he is in the
army, shall be general of the army ; and the six Counsellors, or
such of them as the Palatine's Court shall for that time or service
appoint, shall be the immediate great officers under him, and the
Lieutenant Generals next to them.

41st. The Admiral's Court, consisting of one of the Proprie-
tors, and his six Counsellors, called Consuls, shall have the care
and inspection over all ports, moles, and navigable rivers so far as
the tide flows, and also all the public shipping of Carolina, and
stores thereunto belonging, and all maritime affairs. This court
also shall have the power of the court of admiralty ; and shall
have power to constitute Judges in port towns, to try cases belong-
ing to law-merchant, as shall be most convenient for trade. The
twelve assistants belonging to this court, shall be called proconsuls.
42d. In time of actual war, the admiral whilst he is at sea, shall
command in chief, and his six counsellors, or such of them as the
Palatine's Court shall for that time or service appoint, shall be the
immediate great officers under him, and the proconsuls next to
them.

43d. The treasurer's court, consisting of a proprietor and his six
counsellors, called under treasurers, shall take care of all matters
that concern the public revenue and treasury. The twelve assist-
ants shall be called Auditors.

44th. The high Steward's Court, consisting of a proprietor and
his six counsellors, called comptrollers, shall have the care of all
foreign and domestic trade, manufactures, public buildings, work
houses, highways, passages by water above the flood of the tide,
drains, sewers, and banks against inundations, bridges, posts, car-
riers, fairs, markets, corruption or infection of the common air or
water, and all things in order to the public commerce and health ;
also, setting out and surveying of lands ; and also setting out and
appointing places for towns to be built on, in the precincts, and
the prescribing and determining the figure and bigness of the said
towns according to such models as the said courts shall order ; con-
trary or differing from which -models, it shall not be lawful for any
one to build in any town. This court shall have power also to
make any public building, or any new highway, or enlarge any old
highway upon any man's land whatsoever ; as also to make cuts,
channels, banks, locks and bridges for making rivers navigable, or
for draining fens, or any other public use. The damage the owner

456 locke's constitution.

of such lands (on or through which any such public things shall be
made) shall receive thereby, shall be valued, and satisfaction made,
by such ways as the grand council shall appoint. The twelve
assistants belonging to this court shall be called surveyors.

45th. The Chamberlain's Court, consisting of a Proprietor and
six Counsellors, called vice chamberlains, shall have the care of
all ceremonies, precedency, heraldry, reception of public messen-
gers, pedigrees, the registry of all births, burials, and marriages,
legitimation, and all cases concerning matrimony, or arising from
it ; and shall also have power to regulate all fashions, habits,
badges, games and sports. To this Court it shall also belong, to
convocate the grand council. The twelve assistants belonging to
this Court, shall be called Provosts.

46th. All causes belonging to, or under the jurisdiction of any of
the Proprietor's Courts, shall in them respectively be tried, and
ultimately determined, without any further appeal.

47th. The Proprietor's Courts shall have a power to mitigate
all fines, and suspend all execution in criminal causes, either before
or after sentence, in any of the other inferior courts respectively.
48th. In all debates, hearings or trials in any of the Proprietor's
Courts, the twelve assistants belonging to the said courts respec-
tively, shall have liberty to be present, but shall not interpose unless
their opinions be required, nor have any vote at all ; but their
business shall be, by the direction of the respective courts, to pre-
pare such business as shall be committed to them ; as also to bear
such offices, and dispatch such affairs, either where the court is
kept, or elsewhere, as the court shall think fit.

49th. In all the Proprietor's Courts, the Proprietor and any
three of his Counsellors shall make a quorum ; provided always,
that for the better despatch of business, it shall be in the power of
the Palatine's Court to direct what sort of causes shall be heard
and determined by a quorum of any three.

50th. The grand council shall consist of the Palatine and seven
Proprietors, and the forty two Counsellors of the several Proprie-
tor's Courts, who shall have power to determine any controversy
that may arise between any of the Proprietor's Courts, about their
respective jurisdictions, or between the members of the same
court, about their manner and methods of proceedings ; to make
peace and war, leagues, treaties, &c. with any of the neighbour
Indians ; to issue out their general orders to the Constable's and
Admiral's Courts, for the raising, disposing, or disbanding the
forces, by land or by sea.

51st. The grand council shall prepare all matters to be proposed
in Parliament. Nor shall any matter whatsoever, be proposed in
Parliament, but what has first passed the grand council ; which
after having been read, three several days in the Parliament, shall
by majority of votes, be passed or rejected.

52d. The grand council shall always be judges of all causes and
appeals that concern the Palatine, or any of the Lords Proprietors,
or any Counsellor of any Proprietor's Court, in any cause which
should otherwise have been tried in the court of which the said
Counsellor is Judge himself.

locke's constitution. 457

53d. The grand council by their warrants to the Treasurer's
Court, shall dispose of all the money given by the Parliament, and
by them directed to any particular public use.

54th. The quorum of the grand council shall be thirteen, whereof
a Proprietor or his deputy shall be always one.

55th. The grand council shall meet the first Tuesday in every
month, and as much oftener as either they shall think fit, or they
shall be convocated by the Chamberlain's Court.

56th. The Palatine, or any of the Lords Proprietors, shall have
power, under hand and seal, to be registered in the grand council,
to make a deputy, who shall have the same power to all intents
and purposes, as he himself, who deputes him ; except in confirm-
ing acts of Parliament as in Sec. 76th, and except also in nominating
and choosing Landgraves and Casiques, as in Sec. 10th. All
such deputations, shall cease and determine at the end of four
years, and at any time shall be revocable, at the pleasure of the
deputator.

57th. No deputy of any proprietor shall have any power, whilst
the deputator is in any part of Carolina, except the Proprietor,
whose deputy he is, be a minor.

58th. During the minority of any Proprietor, his guardian shall
have power to constitute and appoint his deputy.

59th. The eldest of the Lords Proprietors who shall be person-
ally in Carolina, shall of course be the Palatine's deputy, and if no
proprietor be in Carolina, he shall choose his deputy out of the
heirs apparent of any of the Proprietors, if any such be there ;
and if there be no heir apparent of any of the Lords Proprietors,
above one and twenty years old in Carolina, then he shall choose
for deputy, any one of the Landgraves of the grand council ; till
he have by deputation under hand and seal chosen any one of the
fore-mentioned heirs apparent, or Landgraves, to be his deputy, the
eldest man of the Landgraves, and for want of a Landgrave, the
eldest man of the Casiques, who shall be personally in Carolina,
shall of course be his deputy.

60th. Each Proprietor's deputy, shall be always one of his six
Counsellors respectively ; and in case any of the Proprietors hath
not, in his absence out of Carolina, a deputy, commissioned under
his hand and seal, the eldest nobleman of his court, shall of course
be his deputy.

61st. In every county, there shall be a court consisting of a
sheriff, and four Justices of the county, for every precinct, one.
The Sheriff shall be an inhabitant of the county, and have at least
five hundred acres of freehold within the said county ; and the
justices shall be inhabitants, and have each of them five hundred
acres apiece freehold within the precinct for which they serve re-
spectively. These five shall be chosen from time to time and
commissioned, by the Palatine's court.

62d. For any personal causes exceeding the value of two hun-
dred pounds sterling, or in title of land, or in any criminal cause,
either party upon paying twenty pounds sterling to the Lords

vol. ii. 58

458 locke's constitution.

Proprietor's use, shall have liberty of appeal from the County-
Court, unto the respective Proprietor's Court.

63d. In every precinct there shall be a court consisting of a
Steward, and four Justices of the precinct, being inhabitants, and
having three hundred acres of freehold within the said precinct,
who shall judge all criminal crimes ; except for treason, murder,
and any other offences punishable with death, and except all crim-
inal causes of the nobility ; and shall judge also, all civil causes
whatsoever ; and in all personal actions not exceeding fifty pounds
sterling without appeal ; but where the cause shall exceed that
value, or concern a title of land, and in all criminal causes ; there
either party upon paying five pounds sterling, to the Lords Pro-
prietor's use, shall have liberty of appeal to the county court.

64th. No cause shall be twice tried in any one court, upon any
reason or pretence whatsoever.

65th. For treason, murder, and all other offences punishable
with death, there shall be a commission twice a year at least, granted
unto one or more members of the grand council, or colleges, who
shall come as itinerant Judges to the several counties, and with the
Sheriff and four Justices, shall hold assizes, to judge all such
causes ; but upon paying of fifty pounds sterling, to the Lords
proprietors use, there shall be liberty of appeal to the respective
Proprietors court.

66th. The Grand Jury at the several assizes, shall upon their
oaths and under their hands and seals, deliver into their itinerant
Judges, a presentment of such grievances, misdemeanours, exi-
gencies, or defects, which they think necessary for the public good
of the country ; which presentments shall by the itinerant Judges,
at the end of their circuit, be delivered in to the grand council, at
their next sitting. And whatsoever therein concerns the execution
of laws, already made, the several Proprietor's courts, in the mat-
ters belonging to each of them respectively, shall take cognisance
of it, and give such order about it, as shall be effectual for the due
execution of the laws. But whatever concerns the making of any
new law, shall be referred to the several respective courts, to
which that matter belongs, and be by them prepared and brought
to the grand council.

67th. For terms, there shall be quarterly, such a certain
number of days, not exceeding one and twenty at any one time,
as the several respective courts shall appoint. The time for the
beginning of the term in the Precinct court shall be the first Mon-
day in January, April, July and October, in the County court,
the first Monday in February, May, August and November ; and
in the Proprietor's courts, the first Monday in March, June, Sep-
tember and December.

63th. In the Precinct court, no man shall be a Juryman, under
fifty acres of freehold. In the County court, or at the assizes, no
man shall be a grand juryman, under three hundred acres of free-
hold ; and no man shall be a petty juryman, under two hundred
acres of freehold. In the Proprietor's courts, no man shall be a
juryman, under five hundred acres of freehold.

locke's constitution.

459

\

69th. Every jury shall consist of twelve men ; and it shall not
be necessary they should all agree, but the verdict shall be accord-
ing to the consent of the majority.

70th. It shall be a base and vile thing, to plead for money or
reward ; nor shall any one, (except he be a near kinsman, nor far-
ther off than cousin german to the party concerned) be permitted
to plead another man's cause, till before the judge, in open court,
he hath taken an oath that he doth not plead for money or reward,
nor hath, nor will receive, nor directly, nor indirectly, bargained
with the party whose cause he is going to plead, for money, or any
other reward for pleading his cause.

71st. There shall be a Parliament consisting of the Proprietors,
or their deputies, the Landgraves and Casiques, and one freehol-
der out of every precinct, to be chosen by the freeholders of the
said precinct respectively. They shall sit all together in one
room, and have, every member, one vote.

72d. No man shall be chosen a member of Parliament, who has
less than five hundred acres of freehold within the precinct for
which he is chosen, nor shall any hav# a vote in choosing the said
member, that hath less than fifty acres of freehold within the said-
precinct.

73d. A new Parliament shall be assembled the first Monday of
the month of November, every second year, and shall meet and
sit in the town they last sat in, without any summons, unless by the
Palatine's court they be summoned to meet at any other place..
And if there shall be any occasion of a parliament in these inter-
vals, it shall be in the power of the Palatine's court, to assemble
them in forty days' notice, and at such time and place as the said
court shall think fit ; and the Palatine's court shall have power, to
dissolve the said Parliament, when they shall think fit.

74th. At the opening of every Parliament, the first thing that
shall be done, shall be the reading of these Fundamental Consti-
tutions, which the Palatine and Proprietors, and the rest of the
members then present, shall subscribe. Nor shall any person
whatsoever, sit or vote in the Parliament, till he hath that session
subscribed these Fundamental Constitutions, in a book kept for
that purpose, by the clerk of the parliament.

75th. In order to the due election of members, for the biennial
Parliament, it shall be lawful for the freeholders of the respective
precincts to meet the first Tuesday in September, every two
years, in the same town or place that they last met in, to choose
parliament men, and there choose those members that are to sit the
next November following ; unless the steward of the precinct
shall by sufficient notice, thirty days before, appoint some other
place for their meeting in order to the election. •.

76th. No act or order of Parliament shall be of any force, un-
less it be ratified in open parliament during the same session, by
the Palatine or his deputy, and three more of the Lords Propri-
etors or their deputies ; and then not to continue longer in force,
but until the next biennial Parliament, unless in the meantime
it be ratified under the hands and seals of the Palatine himself,

460 locke's constitution.

and three more of the Lords Proprietors, themselves, and hy their
order published at the next biennial Parliament.

77th. Any Proprietor or his deputy may enter his protestation
against any act of the Parliament, before the Palatine or his depu-
ty's consent be given as aforesaid ; if he shall conceive the said
act to be contrary to this establishment, or any of these Funda-
mental Constitutions of the Government. And in such case, after
full and free debate, the several estates shall retire into four sev-
eral chambers, the Palatine and Proprietors into one ; the Land-
graves into another ; the Casiques into another ; and those chosen
by the Precincts into a fourth ; and if the major part of any of the
four estates shall vote that the law is not agreeable to this establish-
ment, and these Fundamental Constitutions of the Government,
then it shall pass no farther, but be as if it had never been proposed.

78th. The quorum of the Parliament shall be one half of those
who are members, and capable of sitting in the house, that present
session of Parliament. The quorum of each of the Chambers of
Parliament, shall be one half of the members of that chamber.

79th. To avoid multiplicity of laws, which by degrees always
change the right foundations of the original government, all acts cf
Parliament whatsoever, in whatsoever form passed or enacted,
shall at the end of a hundred years after their enacting, respectively
cease, and determine of themselves, and without any repeal, be-
come null and void, as if no such acts or laws had ever been
made.

80th. Since multiplicity of comments, as well as of laws, have
great inconveniences, and serve only to obscure and perplex ; all
manner of comments and expositions, on any part of these Funda-
mental Constitutions, or on any part of the common or statute laws
of Carolina, are absolutely prohibited.

81st. There shall be a registry in every precinct, wherein shall
be enrolled all deeds, leases, judgments, mortgages, and other
conveyances, which may concern any of the lands within the said
precinct ; and all such conveyances, not so entered and registered,
shall not be of force against any person or party to the said con-
tract or conveyance.

82d. No man shall be Register of any precinct, who hath not at
least three hundred acres of freehold within the said precinct.

83d. The freeholders of every precinct shall nominate three
men, out of which three, the Chief Justice's Court shall choose
and commission one to be Register of the said precinct, whilst he
shall well behave himself.

84th. There shall be a Registry in every Signiory, Barony and
Colony, wherein shall be recorded all the births, marriages and
deaths that shall happen within the respective Signiories, Baronies
and Colonies.

85th. No man shall be Register of a Colony that hath not above
fifty acres of freehold within the said colony.

86th. The time of every one's age, that is born in Carolina,
shall be reckoned from the day that his birth is entered in the
registry, and not before.

locke's constitution. 461

87th. No marriage shall be lawful, whatever contract and cere-

mony they have used, till both the parties mutually own it, before
the Register of the place where they were married, and he register
it, with the names of the father and mother of each party.

83th. No man shall administer to the goods, or have a right to
them, or enter upon the estate of any person deceased, till his
death be registered in the respective registry.

89th. He that doth not enter, in the respective registry, the
birth or death of any person that is born, or dies, in his house or
ground, shall pay to the said Register one shilling per week for
each such neglect, reckoning from the time of each birth, or death
respectively, to the time of entering it in the register.

90th. In like manner, the births, marriages, and deaths of the
Lords Proprietors, Landgraves and Casiques, shall be registered
in the Chamberlain's Court.

91st. There shall be in every colony, one Constable, to be
chosen annually by the freeholders of the colony. His estate
shall be above a hundred acres of freehold within the said colony,
and such subordinate officers appointed for his assistance, as the
county court shall find requisite, and shall be established by the
said county court. The election of the subordinate annual officers,
shall be also in the freeholders of the colony.

92d. All towns incorporate, shall be governed by a Mayor,
twelve Aldermen, and twentyfour of the common Council. The
said common council shall be chosen by the present householders
of the said town ; the Aldermen shall be chosen out of the com-
mon council, and the mayor out of the aldermen, by the palatine's
court.

93d. It being of great consequence to the plantation, that port
towns should be built and preserved ; therefore whosoever shall
lade or unlade any commodity at any other place but a port town,
shall forfeit to the Lords proprietors, for each tun, so laden or un-
laden, the sum often pounds sterling ; except only such goods as
the palatine's court shall license to be laden or unladen else-
where.

94th. The first port town upon every river, shall be in a colo-
ny, and be a port town forever.

95th. No man shall be permitted to be a freeman of Carolina,
or to have any estate or habitation within it, that doth not acknowl-
edge a God, and that God is publicly and solemnly to be wor-
shiped.

96th. (As the country comes to be sufficiently planted, and dis-
tributed into fit divisions, it shall belong to the parliament to take
care for the building of churches and the public maintenance of
divines, to be employed in the exercise of religion, according to
the church of England ; which being the only true and orthodox,
and the national religion of all the king's dominions, is so also of
Carolina, and therefore it alone shall be allowed to receive public
maintenance by grant of parliament.)

97th. But since the natives of that place, who will be concerned
in our plantation, are utterly strangers to Christianity, whose idola-

462 locke's constitution.

try, ignorance or mistake, gives us no right to expel or use them
ill ; and those who remove from other parts to plant there, will un-
avoidably be of different opinions, concerning matters of religion,
the liberty whereof they will expect to have allowed them, and it
will not be reasonable for us on this account to keep them out ;
that civil peace may be obtained amidst diversity of opinions,
and our agreement and compact with all men, may be duly and
faithfully observed ; the violation whereof, upon what pretence
soever, cannot be without great offence to Almighty God, and
great scandal to the true religion which we profess ; and also that
Jews, Heathens and other dissenters from the purity of the Chris-
tian religion, may not be scared and kept at a distance from it, but
by having an opportunity of acquainting themselves with the truth
and reasonableness of its doctrines, and the peaceableness and in-
offensiveness of its professors, may by good usage and persuasion,
and all those convincing methods of gentleness and meekness, suit-
able to the rules and design of the gospel, be won over to em-
brace, and unfeignedly receive the truth ; therefore any seven or
more persons agreeing in any religion, shall constitute a church or
profession, to which they shall give some name, to distinguish it
from others.

98th. The terms of admittance and communion with any church
or profession, shall be written in a book, and therein be subscribed
by all the members of the said church or profession ; which book
shall be kept by the public Register of the Precinct wherein they
reside.

99th. The time of every one's subscription and admittance, shall
be dated in the said book or religious record.

100th. In the terms of communion of every church or profes-
sion, these following shall be three, without which no agreement or
assembly of men, upon pretence of religion, shall be accounted
a church or profession within these rules.

1st. " That there is a God."

2d. " That God is publickly to be worshipped."

3d. " That it is lawful, and the duty of every man, being there-
unto called by those that govern, to bear witness to truth ; and
that every church or profession shall in their terms of communion,
set down the eternal way whereby they witness a truth as in the
presence of God, whether it be by laying hands on or kissing the
bible, as in the church of England, or by holding up the hand or
any other sensible way."

101st. No person above seventeen years of age, shall have any
benefit or protection of the law, or be capable of any place of pro-
fit or honor, who is not a member of some church or profession,
having his name recorded in some one, and but one religious re-
cord, at once.

102d. No person of any other church or profession shall disturb
or molest any religious assembly.

103d. No person whatsoever, shall speak any thing in their reli-
gious assembly irreverently or seditiously of the government or
governors, or of state matters.

*

locke's constitution. 463

104th. Any person subscribing the terms of communion, in the
record of the said church or profession, before the precinct register
and any five members of the said church or profession, shall be
thereby made a member of the said church or profession.

105th. Any person, striking his own name out of any religious
record, or his name being struck out by any officer thereunto au-
thorized by such church or profession respectively, shall cease to
be a member of that church or profession.

106th. No man shall use any reproachful, reviling, or abusive
language against any religion of any church or profession ; that be-
ing the certain way of disturbing the peace, and of hindering the
conversion of any to the truth, by engaging them in quarrels and
animosities, to the hatred of the professors and that profession
which otherwise they might be brought to assent to.

107th. Since charity obliges us to wish well to the souls of all
men, and religion ought to alter nothing in any man's civil estate
or right, it shall be lawful for slaves as well as others, to enter
themselves and be of what church or profession any of them shall
think best, and thereof be as fully members as any freeman. But
yet no slave shall hereby be exempted from that civil dominion his
master hath over him, but be in all things in the same state and
condition he was in before.

108th. Assemblies upon what pretence soever of religion, not
observing and performing the above said rules, shall not be esteem-
ed as churches, but unlawful meetings, and be punished as other
riots.

109th. No person whatsoever shall disturb, molest, or persecute
another, for his speculative opinions in religion, or his way of
worship.

110th. Every freeman of Carolina, shall have absolute power
and authority over his negro slaves, of what opinion or religion
soever.

111th. No cause, whether civil or criminal, of any freeman,
shall be tried in any court of judicature, without a jury of his
peers.

112th. No person whatever, shall hold or claim any land in
Carolina, by purchase or gift, or otherwise, from the natives or any
other whatsoever ; but merely from and under the Lords Proprie-
tors, upon pain of forfeiture of all his estate, moveable or immove-
able, and perpetual banishment.

113th. Whosoever shall possess any freehold in Carolina, upon
what title or grant soever, shall at the farthest, from and after the
year one thousand six hundred and eighty nine, pay yearly unto the
Lords Proprietors, for each acre of land, English measure, as
much fine silver as is at this present time in one English penny, or
the value thereof, to be as a chief rent and acknowledgement to the
Lords Proprietors, their heirs and successors forever. And it
shall be lawful for the palatine's court, by their officers, at any
time, to take a new survey of any man's land, not to oust him of
any part of his possession, but that by such a survey, the just
number of acres he possesseth may be known, and the rent there-
on due, may be paid by him.

464 locke's constitution.

114th. All wrecks, mines, minerals, quarries of gems and pre-
cious stones, with pearl fishing, whale fishing, and one half of all
ambergris, by whomsoever found, shall wholly belong to the Lords
Proprietors.

115th. All revenues and profits, belonging to the Lords Propri-
etors, in common, shall be divided into ten parts, whereof the
palatine shall have three, and each proprietor one ; but if the pala-
tine shall govern by a deputy, the deputy shall have one of those
three tenths, and the palatine the other two tenths.

1 1 6th. All inhabitants and freemen of Carolina, above seventeen
years of age, and under sixty, shall be bound to bear arms, and
serve as soldiers, whenever the grand council shall find it necessary.

117th. A true copy of these Fundamental constitutions shall be
kept in a great book, by the register of every precinct, to be sub-
scribed before the said register. Nor shall any person of what
degree or condition soever, above seventeen years old, have any
estate or possession in Carolina, or protection or benefit of the
law there, who hath not, before a precinct register, subscribed these
fundamental constitutions, in this form :

"I, A. B., do promise to bear faith, and true allegiance, to
our sovereign Lord King Charles the second, his heirs and succes-
sors, and will be true and faithful to the Palatine and Lords Pro-
prietors of Carolina, their heirs and successors ; and with my
utmost power, will defend them and maintain the government,
according to this establishment in these fundamental Constitutions."

118th. Whatsoever alien shall in this form, before any precinct
Register, subscribe these fundamental constitutions, shall be
thereby naturalized.

119th. In the same manner shall every person, at his admittance
into any office, subscribe these fundamental constitutions.

120th. These fundamental constitutions, in number a hundred
and twenty, and every part thereof, shall be and remain, the sa-
cred and unalterable form and rule of government of Carolina
forever. Witness our hands and seals the first day of March,
1669.

RULES OF PRECEDENCY.

1st. The Lords Proprietors ; the eldest in age first, and so in
order.

2d. The eldest sons of the Lords Proprietors ; the eldest in
age first, and so in order.

3d. The Landgraves of the grand council, he that hath been
longest of the grand council first, and so in order.

4th. The Casiques of the grand council ; he that hath been
longest of the grand council first, and so in order.

5th. The seven Commoners of the grand council, that have
been longest of the grand council ; he that hath been longest of
the grand council first, and so in order.

6th. The younger sons of the Proprietors ; the eldest first ;
and so in order.

465

7th. The Landgraves ; the eldest in age first, and so in order.

8th. The seven Commoners, who next to those before men-
tioned have been longest of the grand council ; he that hath been
longest of the grand council first, and so in order.

9th. The Casiques ; the eldest in age first, and so in order.

10th. The seven remaining Commoners of the grand council ;
he that hath been longest of the grand council first, and so in order.

11th. The male line of the Proprietors.

The rest shall be determined by the Chamberlain's Court.

vol n. 59

ACT OF SURRENDER.

ANNO SECUNDO GEORGII II. REGIS. CH. 34, ANNO
DOMINI 1729.

AN ACT FOR ESTABLISHING AN AGREEMENT WITH SEVEN OF THE
LORDS PROPRIETORS OF CAROLINA, FOR THE SURRENDER OF
THEIR TITLE AND INTEREST IN THAT PROVINCE TO HIS
MAJESTY.

Whereas, his late Majesty King Charles the second, by his
letters patent under the great seal of Great Britain, bearing date at
Westminster, in the fifteenth year of his reign, did grant and con-
firm unto Edward, then Earl of Clarendon, George, then Duke of
Albemarle, William, then Lord Craven, John, then Lord Berk-
ley, Anthony, then Lord Ashley, Sir George Carteret, Knight and
Baronet, Sir William Berkley, and Sir John Colleton, Knt. and
Baronet, all since deceased, their heirs and assigns, all that Terri-
tory or tract of ground, situate, lying and being within his said late
Majesty's dominions in America, extending from the North end of
the island called Luckar island, which lieth in the Southern Vir-
ginian seas, and within six and thirty degrees of the Northern lat-
itude, and to the West as far as the South seas, and so southerly
as far as the river St. Matthias, which bordereth upon the Coast of
Florida, and within one and thirty degrees of Northern latitude,
and so West in a direct line as far as the South seas aforesaid, to-
gether with all and singular ports, harbours, bays, rivers, isles and
islets, belonging unto the country aforesaid, and also all the soil,
lands, fields, woods, mountains, farms, lakes, rivers, bays and is-
lets, situate, or being within the bounds or limits aforesaid, with
the fishing of all sorts offish, whales and sturgeons, and all other
royal fishes, in the seas, bays, islets and rivers within the premises,
and the fish therein taken, and moreover all veins, mines, quarries,
as well discovered as not discovered, of gold, silver, gems and
precious stones, and all other whatsoever, whether of stones, met-
als or any other thing whatsoever, found or to be found, within the
country, isles, and limits aforesaid, and also the patronages and
advowsons of all churches and chappels, which as Christian relig-
ion should increase within the country, isles, islets and limits afore-
said, should happen thenafter to be erected, together with license and
power to build and found churches, chappels, and oratories, in con-
venient and fit places, within the said bounds and limits, and to
cause them to be dedicated and consecrated, according to the Ec-

ACT FOR THE SURRENDER, ETC. 467

clesiastical laws of the Kingdom of England, together with all and
singular the like and so ample rights, jurisdictions, priviledges, roy-
alties, prerogatives, liberties, immunities and franchises of what
kind soever, within the country, isles and limits aforesaid, to have,
use, exercise, and enjoy, and in as ample manner as any Bishop
of Durham in the Kingdom of England, ever thentofore had, held,
used or enjoyed, or of right ought or could have, use or enjoy ;
and his said late Majesty did thereby for himself, his heirs and suc-
cessors, make, create, and constitute the said Edward, Earl of
Clarendon, George, Duke of Albemarle, William, Lord Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carter-
et, Sir William Berkley, and Sir John Colleton, their heirs and
assigns, the true and absolute Lords and Proprietors of the country
aforesaid, and all others the premises, (saving as therein is men-
tioned,) to have, hold, possess, and enjoy, the said country, isles,
islets, and all and singular, other the premises, to them the said
Edward, Earl of Clarendon, George, Duke of Albemarle, Wil-
liam, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colle-
ton, their heirs and assigns forever, to be holden of his late said
Majesty, his heirs and successors, as of his mannor of East Green-
wich in the county of Kent, in free and common soccage, and not
in capite, or by knight's service : And whereas, his late said Ma-
jesty, King Charles the second, by other letters patent, under the
great seal of England, bearing date the thirtieth day of June, in the
seventeenth year of his reign, reciting the letters patent herein first
recited, did grant unto the said Edward, Earl of Clarendon,
George, Duke of Albemarle, William, Lord Craven, then Earl
of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkley,
their heirs and assigns, all that Province, territory or tract of
ground, situate, lying, and being within his said late Majesty's Do-
minions of America, extending North and Eastward, as far as the
North end of Carahtuke River or Gullet, upon a strait Westerly
line to Wyonake Creek, which lies within or about the degrees of
thirtysix and thirty minutes North Latitude, and so West in a di-
rect line as far as the South Seas, and South and Westward, as
far as the degrees of twentynine inclusive, Northern latitude, and
so West in a direct line, as far as the South Seas, together with
all and singular ports, harbours, bays, rivers and islets belonging un-
to the Province or Territory aforesaid, and also all the soil, lands,
fields, woods, farms, lakes, rivers, bays or islets situate or being
within the bounds or limits aforesaid last before, with the fishing of
all sorts of fish, whales, sturgeons, and all other royal fishes in the
.seas, bays, islets, and rivers, within the Premises, and the fish
therein taken, together with the royalty of the sea upon the coast,
within the limits aforesaid, and all veins, mines and quarries, as
well discovered as not discovered, of gold, silver, gems and pre-
cious stones, and all other whatsoever, be it of stones, metals, or
any other things, found or to be found, within the Province, terri-
tory, islets and limits aforesaid, and furthermore the patronages and

468 ACT FOR THE SURRENDER, ETC.

advowsons of all churches and chappels, which as Christian relig-
ion should increase within the Province, territory, isles and limits
aforesaid, should happen thenafter to be erected, together with li-
cense and power to build and found churches, chappels, and ora-
tories in convenient and fit places within the said bounds and lim-
its, and to cause them to be dedicated and consecrated according
to the Ecclesiastical laws of the Kingdom of England, together
with all and singular the like, and as ample rights, jurisdictions,
priviledges, prerogatives, royalties, liberties, immunities and fran-
chises of what kind soever, within the territories, isles, islets, and
limits aforesaid, to have, hold, use, exercise and enjoy the same,
as amply and fully and in as ample manner, as any Bishop of Dur-
ham in the Kingdom of England ever thentofore had, held, used
or enjoyed, or of right ought or could have, use or enjoy ; and his
said late Majesty, did thereby for himself, his heirs and successors,
make, create, constitute and appoint them the said Edward, Earl
of Clarendon, George, Duke of Albemarle, William, Earl of
Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkley, their heirs
and assigns, the true and absolute Lords and Proprietors of the
said Province or territory, and of all other the premises, (saving
as therein is mentioned,) to have, hold, possess and enjoy the said
Province, territory, islets, and all and singular other the premises,
to them the said Edward, Earl of Clarendon, George, Duke of
Albemarle, William, Earl of Craven, John, Lord Berkley, An-
thony, Lord Ashley, Sir George Carteret, Sir John Colleton and
Sir William Berkley, their heirs and assigns forever, to be holden
of his said Majesty, his heirs and successors, as of his mannor of
East Greenwich aforesaid, in free and common soccage, and not
in capite, or by Knight's service, as in and by the said several late
recited letters patent, relation being thereunto had, may appear ;
And whereas, the part, share, interest and estate of the said Ed-
ward, late Earl of Clarendon, of and in the Provinces, territories,
islets, hereditaments and premises, in and by the said several re-
cited letters patent granted and comprised, is now come unto and
vested in the Honorable James Bertie, of the parish of St. John
the Evangelist, in the liberty of Westminster, in the county of
Middlesex, Esquire, of his own Right ; and the part, share, inter-
est and estate, of the said George, late Duke of Albemarle, of and
in the same premises, is oome unto and vested in the most noble
Henry now Duke of Beauford, and in the said James Bertie, and
the Honourable Dodington Greville, of Bulford, in the county of
Wiltz, Esquire, the two surviving Devisees named in the will
of the most noble Henry late Duke of Beauford, in trust for the
present Duke of Beauford, and for the right honourable Charles
Noell Somerset, his brother, an infant ; and the part, share, inter-
est and estate of the said William, late Earl of Craven, of and in
the same premises, is come unto and vested in the right Honoura-
ble William now Lord Craven ; and the part, share, interest and
estate, of the said John late Lord Berkley, of and in the same pre-
mises, is now come unto and vested in Joseph Blake, of the Pro-

ACT FOR THE SURRENDER, ETC. 469

vince of South Carolina, in America, Esquire ; and the part, share,
interest and estate of the said Anthony, late Lord Ashley, of and
in the same premises, is now come unto and vested in Archibald
Hutcheson, of the Middle Temple, London, Esquire, (in trust
for John Cotton of the Middle Temple, London, Esquire,) and
the part, share, interest and estate of the said late Sir John Colle-
ton, of and in the said premises, is now come unto and vested in
Sir John Colleton, of Exmouth, in the county of Devon, Baronet ;
and the part, share, interest and estate of the said late Sir William
Berkley, of and in the same premises, is now come unto and vest-
ed in the Honourable Henry Bertie, of Dorton, in the county of
Bucks, Esquire, or in Mary Danson, of the Parish of St. Andrews,
Holbourne, in the county of Middlesex, Widow, or in Elizabeth
Moor, of London, Widow, some or one of them ; and the said
Henry now Duke of Beauford, and the said James Bertie and
Dodington Greville, as trustees in manner aforesaid, some or one
of them, is or are seized in fee of and in one full undivided eighth
part, (the whole into eight equal parts to be divided) of the pre-
mises, in and by the said recited letters patent, granted and com-
prized ; and the same James Bertie, in his own Right, is now
seized in fee, or of some other estate of inheritance, of and in one
other full undivided eighth part ; and each of them the said Wil-
liam Lord Craven, Joseph Blake, Archibald Hutcheson, as trus-
tee for the said John Cotton, Sir John Colleton, and the said
Henry Bertie, Mary Danson, and Elizabeth Moor, some or one
of them, is or are respectively seized in fee, or of some other es-
tate of inheritance, of and in one other full undivided eighth part,
of and in the said Provinces, territories and premises, islands and
hereditaments ; the remaining eighth part or share of and in the
said Provinces, territories and premises, which formerly belong-
ing to the said Sir George Carteret, being now vested in the right
Honourable John Lord Carteret, Baron of Hawes, his majesty's
Lieutenant General and Governour of the Kingdom of Ire-
land ; And whereas, by a Judgment or Order of the House
of Lords, made the twentyseventh day of March, last past, upon
the appeal of the said Mary Danson, Widow of John Danson,
Esquire, deceased, from a decree of the high Court of Chancery,
made the seventh day of November one thousand seven hundred
and twentyone, and from a subsequent order of the fifteenth day of
January, one thousand, seven hundred and twentythree, it was or-
dered and adjudged, that the said decree and subsequent order,
complained of in the said appeal, should be reversed ; and it being
offered on the part of the appellant, to pay the respondent, the
said Henry Bertie, the money that he paid for the purchase of the
Proprietorship, in question in the said cause, together with inter-
est for the same, it was thereby further ordered, that the Court of
Chancery should direct and cause an enquiry to be made, what
was the principal sum of such purchase money, and from the time
of payment thereof, to compute the interest for the same ; and on
the appellant's payment of what shall be found due for such prin-
cipal money and interest, to the said Henry Bertie, it was further

470 ACT FOR THE SURRENDER, ETC.

ordered and adjudged, That he shall convey the said Proprietor-
ship, to her and her heirs, and also that the respondent Elizabeth
Moor, should likewise by proper conveyances, at the charge of
the appellant, convey all her Right to the said Proprietorship, to
the appellant, and her heirs ; And whereas, since the making of
the said recited several letters patent, the Lords Proprietors of
the Provinces and Territories aforesaid, for the time being, have
made divers grants and conveyances, under their common seal, of
several Offices, and also of divers parcels of land, situate with-
in the said Provinces and territories, to several persons, under
certain quit rents, or other rents, thereby respectively reserved,
and subject to several conditions, limitations or agreements, for
avoiding or determining the estates of the Grantees therein men-
tioned, some of which may have become forfeited, and have also
made divers grants of several Baronies, or large tracts of land, ly-
ing within the said Provinces or Territories, unto and for the use
and benefit of several of the Lords Proprietors, or those under
whom they claim, to be held and enjoyed by them and their heirs
in severalty ; eight of which Baronies, so granted as aforesaid, do
now remain vested in the said Henry now Duke of Beauford, or
in the said James Bertie and Dodington Greville, as trustees for
the purposes aforesaid, or in some or one of them ; eight other of
the said Baronies in the said William Lord Craven ; six of the
said Baronies in the present Sir John Colleton ; six other Baronies
in the said Archibald Hutcheson, (as trustee for the said John Cot-
ton ;) and six other Baronies in the said Joseph Blake ; each of
the said Baronies containing or being mentioned or intended to con-
tain twelve thousand acres of land, or thereabouts, except one of
the said Baronies now vested in the said William Lord Craven,
which contains, or is mentioned to contain eleven thousand acres
of land or thereabouts ; And whereas, the said Henry, now Duke
of Beauford, William, Lord Craven, James Bertie, Henry Bertie,
Sir John Colleton, and Archibald Hutcheson, (who is trustee for
the said John Cotton, as aforesaid,) being six of the present Lords
Proprietors of the Province and territory aforesaid, have by their
humble petition, to his Majesty in Council, offered and proposed
to surrender to his Majesty, their said respective shares and inter-
ests, not only of and in the said Government, Franchises and Roy-
alties, in and by the said recited letters patent granted, but also
all the right and property they have in and to the soil in the afore-
said Provinces or territories, under the said several recited let-
ters patent, or either of them ; and also did further propose to
make an entire surrender to his Majesty of their right to all the
lands which they hold under the said grants, made by the Lords
Proprietors as aforesaid, (except only one Barony, belonging to
the present Sir John Colleton, which hath been settled and im-
proved by his son) and also all their right and interest in all lands,
granted and conveyed to other persons as aforesaid, which, by not
being improved within the time limited in the said grants or con-
veyances, or for any other reason, would revert to them, praying ;
That in consideration of such surrender, his Majesty would be

ACT FOR THE SURRENDER, ETC. 471

pleased to direct, and to cause to be paid to each of them, the said
Henry Duke of Beauford, William Lord Craven, James Bertie,
Henry Bertie, Sir John Colleton, and Archibald Hutcheson, the
sum of two thousand five hundred pounds apiece, without any de-
duction ; And whereas, Samuel Wragg, of London, Merchant,
being duly authorized by letter of attorney, under the hand and seal
of the said Joseph Blake, bearing date the eleventh day of July,
one thousand seven hundred and twentyeight, hath proposed for
and on the behalf of the said Joseph Blake, to surrender and con-
vey unto his Majesty, his heirs and successors, all the estate, right
and interest of the said Joseph Blake, in and to the premises, up-
on payment of the like sum of two thousand five hundred pounds,
to the said Joseph Blake, without any deduction ; And whereas,
they the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Henry Bertie, Sir John Colleton and Archibald
Hutcheson, who is a trustee for the said John Cotton as aforesaid,
have laid before a Committee of the Lords of his Majesty's most
honourable privy council, an estimate of all the Arrears of quit
rents and other rents, and sum and sums of money now due and
owing to them and the said Joseph Blake, and to the said John,
Lord Carteret, which estimate, as computed, amounts to the sum
of nine thousand five hundred pounds ; and they the said Henry,
Duke of Beauford, Lord Craven, James Bertie, Henry Bertie,
Sir John Colleton and Archibald Hutcheson, have likewise hum-
bly proposed ; That if his Majesty would please to allow the sum
of five thousand pounds for the said arrears, (over and above the
said several sums of two thousand five hundred pounds, to be paid
to them respectively) they were willing to assign and make over
to his Majesty, the right and title to the said arrears, and all other
demands whatsoever, which they have or can have, upon the far-
mers, tenants, or inhabitants of the Provinces or territories afore-
said, or of any of them ; And whereas, the said Samuel Wragg,
for and on the behalf of the said Joseph Blake, hath proposed to
assign to his Majesty, all the right and interest of the said Joseph
Blake, in and to the said arrears and demands, upon the terms
aforesaid ; And whereas his Majesty, taking into his royal consid-
eration the great importance of the said Provinces and territories,
to the trade and navigation of this kingdom, and being desirous to
promote the same, as well as the welfare and security of the said
Provinces and territories, by taking them under the more imme-
diate Government of his Majesty, his heirs and successors, hath
been graciously pleased to accept of the said several proposals,
and to agree to the same, with such variations as are hereinafter
mentioned ; And whereas, from the nature of the respective es-
tates and interests, proposed and agreed to be surrendered to his
Majesty as aforesaid, great difficulties may arise in the manner of
conveying the same, and it is just and necessary that the parts and
shares of the said Provinces and territories, so proposed and
agreed to be surrendered, should be secured, to his Majesty, his
heirs and successors, which cannot effectually be done and attain-
ed without the authority of Parliament ; Be it enacted, by the

472' ACT FOR THE SURRENDER, ETC.

King's most excellent Majesty, by and with the consent and ad-
vice of the Lords spiritual and temporal, and Commons in this
present Parliament, and by the authority of the same, that all those
seven undivided eighth parts, (the whole into eight equal parts or
shares to be divided) and all other the part or share, parts or
shares, interest and estates of them the said Henry Duke of Beau-
ford, William Lord Craven, James Bertie, Dodington Greville,
Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Col-
leton, Archibald Hutcheson, as trustee for the said John Cotton,
and Joseph Blake, and each of them, of and in the aforesaid Pro-
vinces or territories, called Carolina, and all and singular the roy-
alties, franchises, lands, tenements, and hereditaments and premis-
ses, in and by the said several recited letters patent, or either of
them, granted or mentioned or intended to be granted, by his said
late Majesty, King Charles the second, to the said Edward, Earl
of Clarendon, George, Duke of Albemarle, William, Earl of
Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton, deceased, and Sir William Berkley,
and their heirs and assigns, as aforesaid, with their and every of
their rights, members, and appurtenances, and also all such pow-
ers, liberties, authorities, jurisdictions, preeminences, licenses, and
priviledges, as they the said Henry, Duke of Beauford, William,
Lord Craven, James Bertie, Dodington Greville, Henry Bertie,
Mary Danson, Elizabeth Moor, the present Sir John Colleton,
the said Archibald Hutcheson, as trustee for the said John Cotton,
and Joseph Blake, every or any of them, can or may have, hold,
use, exercise or enjoy, by virtue of, or under the said recited let-
ters patent, or either of them, and also all and singular Baronies,
tracts and parcels of land, tenements and hereditaments, which
they the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Dodington Greville, Henry Bertie, Mary Danson
and Elizabeth Moor, the present Sir John Colleton, the said Archi-
bald Hutcheson, as trustee for the said John Cotton, and Joseph
* Blake, any or either of them, are or is seized or possessed of, or
entitled unto, within the said Provinces or territories ; except all
such tracts of land, tenements and hereditaments, as have been at
any time before the first day of January, one thousand, seven hun-
dred and twentyseven, granted or conveyed by, or comprised in
any grants, deeds, instruments or conveyances, under the common
seal of the said Lords and Proprietors, either in England, or in
the Provinces aforesaid ; and also, except all such plantations and
lands as are now in the possession of the said Joseph Blake, his
under tenants or assigns, by virtue of grants formerly made by the
said Lords Proprietors of the said Provinces, for the time being,
to other persons, and since conveyed to, or vested in the said Jo-
seph Blake ; And also, except all that Barony and tract of land
containing twelve thousand acres or thereabouts, the possession
whereof hath some time since been delivered by the present Sir
John Colleton, unto Peter Colleton, Esquire, his second son ;
and all that other Barony or tract of land, containing twelve thou-
sand acres or thereabouts, some time since conveyed by Sir John

ACT FOR THE SURRENDER, ETC. 473

Tyrrel, Baronet, (formerly owner of the said eighth part or share
now belonging to the said Archibald Hutcheson, as trustee for the
said John Cotton,) to William Wight, Esq. and his heirs : Pro-
vided, that the before mentioned exceptions or any of them, shall
not include or extend to any lands, comprised in any grant
or grants, made either in England or Carolina, under the com-
mon seal of the Lords Proprietors for the time being, which
since the making such grant or grants, have become forfeited by
virtue of any clauses contained therein, or to any of the Baronies,
herein before recited or mentioned to be still remaining and vested
in the said Henry, Duke of Beauford, and in the said James Ber-
tie and Dodington Greville, as trustees, some or one of them, and
in the said William, Lord Craven, the present Sir John Colleton,
and the said Archibald Hutcheson, as trustee for the said John
Cotton respectively, nor to any rents, services, seigniories, or
rights to escheats, reserved upon, or incident to any such grant or
grants, or any lands or estates thereby granted, all such forfeited
lands, and all such rents, seignories, and rights of escheat, re-
served upon or incident to any such grant or grants, or any lands
and estates thereby granted, and also the Baronies last before men-
tioned, being hereby intended to be vested in the persons, and for
the purposes hereinafter mentioned, and the re version and reversions,
remainder and remainders, yearly, and other rents, issues and
profits, of the same parts or shares, Baronies, Lands, tenements,
hereditaments and premises, so as aforesaid proposed and agreed
to be surrendered to his Majesty, and of every part and parcel
thereof ; and also all the estate, title, interest, trust, property,
right of action, right of entry, claim and demand whatsoever, of
them the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Dodington Greville, Henry Bertie, Mary Danson
and Elizabeth Moor, the present Sir John Colleton, the said Arch-
ibald Hutcheson, John Cotton and Joseph Blake, and each of
them, of, in, unto or out of the same, every or any part and parcel
thereof, by virtue of the said several recited letters patent, or either
of them, or of any grant, assignment, conveyance, or assurance,
made under, or by force of the same recited letters patent, or
either of them, or otherwise howsoever, shall, from and after the first
day of June, one thousand seven hundred, and twentynine, be
vested and settled, and the same is hereby vested and settled, in
and upon Edward Bertie of Gray's Inn, in the county of Middle-
sex, Samuel Horsey of the Parish of St. Martins in the fields, in
the county of Middlesex, Henry Smith of Caversham, in the
county of Oxon, and Alexius Clayton, of the Middle Temple,
London, Esquires, to the only use of them the said Edward Ber-
tie, Henry Smith, Samuel Horsey, and Alexius Clayton, their
heirs and assigns, freed and discharged and absolutely acquitted,
exempted and indemnified, of and from all estates, uses, trusts, in-
tails, reversions, remainders, limitations, charges and incumbran-
ces, titles, claims, and demands whatsoever ; But nevertheless up-
on trust, and to the intent that they the said Edward Bertie, Sam-
uel Horsey, Henry Smith, and Alexius Clayton, and the survivor
vol ii. 60

474 ACT FOR THE SURRENDER, ETC.

or the survivors of them, and the heirs of such survivor, upon
payment by his Majesty, his heirs or successors, to the said Ed-
ward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton,
or to the survivors or to the survivor of them, or the executors
or administrators of such survivor, of the sum of seventeen thou-
sand, five hundred pounds, free and clear of all deductions, on or
before the twentyninth day of September, in the year of our Lord,
one thousand, seven hundred and twentynine, shall and do, by
deed, indented, and to be enrolled in his Majesty's High Court of
Chancery, surrender, convey and assure unto his Majesty, his
heirs and successors, all and singular, the said seven eighth parts
or shares, (the whole into eight equal parts to be divided) and all
other the parts or shares, interest and estates, of and in the afore-
said Provinces or territories, and all and singular the premises,
hereby vested in them the said Edward Bertie, Samuel Horsey,
Henry Smith, and Alexius Clayton, and their heirs as aforesaid,
which said sum of seventeen thousand five hundred pounds, they
the said Edward Bertie, Samuel Horsey, Henry Smith and Alex-
ius Clayton, the survivors or the survivor of them, or the execu-
tors and administrators of such survivor, shall immediately after
receipt thereof, pay, apply, and dispose of in manner hereinafter
mentioned ; That is to say, the sum of two thousand five hundred
pounds, part thereof, to the said Jame Bertie and Dodington Gre-
ville, trustees as aforesaid, or to the survivor of them, or to the
executors or administrators of such survivor ; two thousand five
hundred pounds, other part thereof, to the said William, Lord
Craven, his executors or administrators ; two thousand five hun-
dred pounds, other part thereof, to the said James Bertie, of his
own right, his executors or administrators ; two thousand five hun-
dred pounds, other part thereof, unto such person or persons, and
in such shares and proportions as the same, according to the tenor,
purport and true meaning of the said order or judgment of the
House of Lords, ought to be paid and applied ; two thousand five
hundred pounds, other part thereof, to the said Sir John Colleton,
his executors or administrators ; two thousand five hundred pounds,
other part thereof, to the said John Cotton, his executors or ad-
ministrators ; and two thousand five hundred pounds, the residue
thereof, to the said Samuel Wragg, for the use of the said Joseph
Blake, or to the said Joseph Blake, his executors or administra-
tors.

Jlnd be it further enacted, by the authority aforesaid, that from
and after payment of the said sum of seventeen thousand five hun-
dred pounds, to the said Edward Bertie, Samuel Horsey, Henry
Smith, and Alexius Clayton, the survivors or the survivor of them,
or the executors or administrators of such survivor, and after the
execution of the said surrender and conveyance to his Majesty,
his heirs and successors, hereby directed to be made as aforesaid,
his Majesty, his heirs and successors, shall have, hold and enjoy,
all and singular the said seven eighth parts or shares, (the whole
into eight equal parts to be divided) and all other the parts or
shares, interests and estates, of and in the aforesaid Provinces or

ACT FOR THE SURRENDER, ETC.

territories, and all and singular the premises hereby vested in them
the said Edward Bertie, Samuel Horsey, Henry Smith and Alex-
ius Clayton, and their heirs as aforesaid, freed and discharged,
and absolutely acquitted, exempted and indemnified of, from and
against all estates, uses, trusts, intails, reversions, remainders, lim-
itations, charges, incumbrances, titles, claims and demands what-
soever.

And be it further enacted, by the authority aforesaid, that seven
eighth parts, (the whole into eight equal parts to be divided) of all
and every the said arrears of quit rents, and other rents, sum and
sums of money, debts, duties, accounts, reckonings, claims and
demands whatsoever, now due and owing to them the said Henry,
Duke of Beauford, or the said James Bertie and Dodington Gre-
ville, trustees as aforesaid, and to the said John, Lord Carteret,
William, Lord Craven, James Bertie in his own right, Henry Ber-
tie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archi-
bald Hutcheson, John Cotton or Joseph Blake, or any of them,
(whether the same be more or less, than is computed as aforesaid)
and all and every other parts or shares, of the said Henry, Duke
of Beauford, James Bertie and Dodington Greville, trustees as
aforesaid, William, Lord Craven, James Bertie in his own right,
Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Col-
leton, Archibald Hutcheson, John Cotton and Joseph Blake, or
any of them, of or in the said arrears, or which they or any of
them, their or any of their heirs, executors, administrators or as-
signs, now have, or can or may have, claim, challenge or demand
of or from the farmers, tenants and inhabitants, of the Provinces
or territories aforesaid, or any part thereof, or any of them, shall,
from and after the said first day of June, in the year of our Lord,
one thousand seven hundred and twentynine, be vested in the said
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clay-
ton, the survivors and survivor of them, and the executors or ad-
ministrators of such survivor, upon trust, and to the intent that
they the said Edward Bertie, Samuel Horsey, Henry Smith, and
Alexius Clayton, the survivors or the survivor of them, and the ex-
ecutors and administrators of such survivor, shall, upon payment by
his Majesty, his heirs and successors, of the sum of five thousand
pounds of lawful money of Great Britain, free and clear of all de-
ductions, on or before the said twentyninth day of September, in
the said year, to the said Edward Bertie, Samuel Horsey, Henry
Smith and Alexius Clayton, the survivors or the survivor of them,
or the executors or administrators of such survivor, by deed in-
dented and to be enrolled in his Majesty's High Court of Chan-
cery, grant and assign to his Majesty, his heirs and successors, all
and every the said seven eighth parts or shares, (the whole into
eight equal parts or shares to be divided) and all other parts or
shares of the said arrears, hereby vested in them the said Edward
Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton.

And whereas, the said Henry, Duke of Beauford, William,
Lord Craven, James Bertie, Henry Bertie, Mary Danson, Dod-
ington Greville, Sir John Colleton, John Cotton and Joseph

475

476 ACT FOR THE SURRENDER, ETC.

Blake, are desirous that the said sum of five thousand pounds
should be applied in manner hereinafter mentioned,

Be it further enacted, by the authority aforesaid, that the sum
of five thousand pounds, after receipt thereof, shall be issued and
paid by the said Edward Bertie, Samuel Horsey, Henry Smith
and Alexius Clayton, or the survivors and survivor of them, and
the executors and administrators of such survivor, to such of the
officers, agents or servants of the Lords Proprietors, or to such
other person or persons, and for such purposes as the said Henry,
Duke of Beauford, William, Lord Craven, James Bertie, Henry
Bertie, Mary Danson, Sir John Colleton, John Cotton and Jo-
seph Blake, their executors or administrators, or any four or more
of them, (the executors or administrators of each of them, to be
accounted only as one) shall by writing or writings, under their
hands, from time to time direct and appoint.

Jlnd be it further enacted, by the authority aforesaid, that from
and after payment of the said sum of five thousand pounds, unto
the said Edward Bertie, Samuel Horsey, Henry Smith and
Alexius Clayton, the survivors or the survivor of them, or the ex-
ecutors or administrators of such survivor, and after the execution
of the said grant and assignment of the said parts or shares, of the
said arrears, hereby directed to be made as aforesaid, his Majesty,
his heirs and successors, shall and may have, receive and enjoy the
said seven eighth parts or shares (the whole into eight equal parts
to be divided) and all and every other parts and shares of the said
arrears of quit rents, and other rents, sum and sums of money,
debts, duties, accounts, reckonings, claims and demands, hereby
vested in the said Edward Bertie, Samuel Horsey, Henry Smith
and Alexius Clayton, and shall and may have, use and pursue such
and the like remedies for recovery thereof, as fully and effectually
as the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Henry Bertie, Mary Danson, Dodington Greville,
Sir John Colleton, Archibald Hutcheson, John Cotton and Jo-
seph Blake, any or either of them, might have had, used or pursu-
ed, if this act had not been made.

Jlnd be it further enacted, by the authority aforesaid, That the
receipt or receipts of the said Edward Bertie, Samuel Horsey,
Henry Smith and Alexius Clayton, the survivors or the survivor
of them, or executors or administrators of such survivor, under
their hands, or his hand or hands respectively, shall be a sufficient
discharge to his Majesty, his heirs and successors, of and for the
said several sums of seventeen thousand five hundred pounds, and
five thousand pounds, or so much thereof or of either of them, as
such receipts or receipt shall be given for ; and that his Majesty,
his heirs and successors, upon and after such receipts or receipt,
given as aforesaid, shall be absolutely acquitted and discharged of
and from the said monies, and shall not be answerable or account-
able for any loss, non-application or misapplication of the said
money, or of any part thereof.

Provided always, and it is hereby declared and enacted, by the
authority aforesaid, that the receipt or receipts of the said James

ACT FOR THE SURRENDER, ETC. 477

Bertie, or Dodington Greville, or the survivor of them, his ex-
ecutors or administrators, under his or their hand or hands respec-
tively, shall be a sufficient discharge to the said Edward Bertie,
Samuel Horsey, Henry Smith, and Alexius Clayton, their execu-
tors or administrators, for the said sum of two thousand five hun-
dred pounds, payable to them for the said eighth part or share of
the said Provinces, territories, royalties, lands and hereditaments,
which was vested in the said Henry late Duke of Beauford, and
the said sum of two thousand five hundred pounds, shall be and
remain subject to the trusts reposed in them by the will of the said
late Duke, or otherwise, concerning the eighth part or share, but
the said Edward Bertie, Samuel Horsey, Henry Smith and Alex-
ius Clayton, their heirs, executors, or administrators, shall not be
answerable or accountable for any loss or misapplication thereof,
or of any part thereof.

Provided also, and it is hereby declared and enacted, That the
said Edward Bertie, Samuel Horsey, Henry Smith and Alexius
Clayton, shall not, nor shall any of them, or the executors or ad-
ministrators of any of them, be answerable or accountable for any
money to be received by virtue of or under the trusts hereby re-
posed in them, any otherwise than each person, his executors or
administrators, for such sum or sums of money as he or they shall
respectively actually receive, and none of them shall be answera-
ble or accountable for the acts, receipts, neglects, or defaults of
the other of them ; and also that they, the said Edward Bertie,
Samuel Horsey, Henry Smith and Alexius Clayton, their execu-
tors or administrators, shall and may, out of the money hereby
directed to be paid to them as aforesaid, retain and reimburse
themselves for all costs, charges, damages and expenses, that they
respectively shall sustain or be put unto, in and about the execu-
tion of the trusts hereby in them reposed.

And whereas there is due and owing to the King's most excel-
lent Majesty, for arrears of rents reserved by the said several re-
cited letters patent, or one of them, several sums of money, com-
puted to amount to three hundred pounds or upwards ; Now it is
hereby further enacted and declared, by the authority aforesaid,
that the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Dodington Greville, Henry Bertie, Mary Danson,
Elizabeth Moor, the present Sir John Colleton, Archibald Hutche-
son, John Cotton and Joseph Blake, and every of them, their and
every of their heirs, executors and administrators, respectively,
from and immediately after the said twentyninth day of September,
one thousand seven hundred and twentynine, (in case the said
sums of seventeen thousand five hundred pounds, and five thou-
sand pounds, shall then be paid and satisfied, and the sale hereby
intended shall be then compleated) shall be, and are hereby fully
and absolutely acquitted and discharged of and from all arrears of
rent whatsoever, due or owing upon or by virtue of the said recit-
ed letters patent, or either of them.

Provided always, and it is hereby further enacted and declared,
by the authority aforesaid, that if his Majesty, his heirs and succes-

478 ACT FOR THE SURRENDER, ETC.

sors, do not or shall not, on or before the said twenty-ninth day of
September, one thousand seven hundred and twentynine, well and
truly pay or cause to be paid, both the several sums of seventeen
thousand five hundred pounds, and five thousand pounds in manner
aforesaid, and according to the true meaning of this act, that then
they the said Edward Bertie, Samuel Horsey, Henry Smith and
Alexius Clayton, or the survivors or survivor of them, or the heirs,
executors or administrators of such survivor, shall not make such
surrender, assignment, or conveyance of the said seven eighth
parts or shares of the said Province or territories, and of the said
arrears, or either of them, to his Majesty, his heirs or successors,
as hereby is directed, but shall from and after the said twentyninth
day of September, one thousand seven hundred and twentynine,
stand and be seized of and possessed of all and singular the premi-
ses hereby in them vested, to the only proper use and behoof of
them, the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Dodington Greville, Henry Bertie, Mary Danson,
Elizabeth Moor, the present Sir John Colleton, John Cotton and
Joseph Blake, and every of them, and of their and evert or i eir
heirs, executors, administrators and assigns, in such shares and
proportions, and according to such respective rights and interests
as they severally had, or could have been entitled to, in and unto
the same premises, in case this act had never been made, and to
and for no other use or trust, intent or purpose whatsoever.

Saving and reserving to all and every person or persons, bodies
politick and corporate, their heirs, successors, executors, adminis-
trators and assigns, other than and except the said Henry, Duke
of Beauford, William, Lord Craven, James Bertie, Dodington
Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John
Colleton, Archibald Hutcheson, John Cotton and Joseph Blake,
their respective heirs, executors or administrators, and the heirs
of their respective bodies, and all and every person and persons,
claiming or to claim any estate and interest in the premises, or any
part thereof, in remainder or reversion, expectant upon or after
the determination of any estate tail, vested in them the said Hen-
ry, Duke of Beauford, William, Lord Craven, James Bertie,
Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor,
Sir John Colleton, Archibald Hutcheson, John Cotton and Jo-
seph Blake, or any of them, and all and every person and persons
claiming, or to claim any estate or interest in the premises, or any
part thereof, by or under the title of the said Henry, late Duke of
Beauford, deceased, such satisfaction and recompense as is here-
inafter mentioned, for all such estate, right, title, interest, proper-
ty, claim or demand whatsoever, in, to or out of the premises, ( r
any part thereof, as they or any of them, now have, or might have
had or been entitled to, in case this act had never been made.

Provided always, and be it further enacted, by the authority
aforesaid, That if any person or persons (other than and except
the persons herein before excepted) who now have or shall have
any estate, right, title, interest, claim or demand, either in law or
in equity, of, in, to or out of the premises herein vested as afore-

ACT FOR THE SURRENDER, ETC.

said, or any part thereof, shall, within the space of seven years
after the same shall be conveyed unto and vested in his Majesty,
his heirs and successors as aforesaid, commence and prosecute
any action or suit either in law or equity, by petition of right,
English bill or otherwise, against his Majesty, his heirs or succes-
sors, or the proper officer or officers on his or their behalf, where-
in such persons might or ought to have recovered the premises
hereby vested as aforesaid, or any part thereof, or any estate, in-
terest or demand, in or out of the same, the court wherein such,
suit or action shall be commenced or depending, shall and may ad-
judge or decree, that such person or persons shall recover against
his Majesty, his heirs or successors, such sum or sums of money,
as his or their estate, interest or demand in or about the premises
hereby vested as aforesaid, shall by the same court be valued at
and determined to amount unto, in full satisfaction for such estate,
interest or demand ; in making which valuation the said court shall
estimate one full eighth part of the premises hereby vested as
aforesaid, to be of the value of two thousand five hundred pounds,
and no more, and shall rate and ascertain the value of such estate,
interest or demand, in proportion thereunto.

Saving and reserving always to the said John, Lord Carteret,
his heirs, executors, administrators and Assigns, all such estate,
right, title, interest, property, claim and demand whatsoever, in,
unto or out of, one eighth part or share of the said Provinces or
territories, with all and singular the rights, members and appurte-
nances thereof, and of, in and to one eighth part or share of all ar-
rears of quit rents, and other rents, sum and sums of money,
debts, duties, accounts, reckonings, claims and demands whatso-
ever, now due and oweing to the present Lords Proprietors of the
said Provinces and territories, and all such other rights, titles,
priviledges and powers whatsoever, as the said John, Lord Car-
teret, his heirs, executors or administrators now have or might
have had or been entitled unto, in case this act, and the convey-
ance herein before directed to be made to his Majesty, his heirs
and successors, or either of them, had not been, or should not be
made.

Saving also to all and every person and persons having or lawful-
ly claiming any office or offices, place or places, employment or
employments, by or under any grant or grants thereof made before
the said first day of January, one thousand seven hundred and
twentyseven, under the common seal of the said Lords Proprie-
tors, either in England or in the Provinces aforesaid, all such es-
tate, right, title and interest in or to such office or offices, place
and places, employment and employments, as they or any of them
now have or might have had, or been entitled unto, in case this Act
had never been made.

479

MAGNA CARTA OF KING JOHN.

FIFTEENTH DAY OF JUNE, IN THE SEVENTEENTH YEAR OF THE
KING'S REIGN, A. D. 1215.

John, by the Grace of God, King of England, Lord of Ire-
land, Duke of Normandy, aud Aquitain, and Earl of Anjou : To
the Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries of
the Forests, Sheriffs, Governors, Officers, and to all Bailiffs, and
other his faithful subjects, greeting. Know ye, That we, in the
presence of God, and for the health of our soul, and of the souls
of our ancestors and heirs, and to the honour of God, and the ex-
altation of Holy Church, and amendment of our Kingdom, by
Advice of our venerable Fathers, Stephen, Archbishop of Canter-
bury, Primate of all England, and Cardinal of the Holy Roman
Church ; Henry, Archbishop of Dublin, William, Bishop of Lon-
don, Peter of Winchester, Jocelin of Bath and Glastonbury, Hugh
of Lincoln, Walter of Worcester, William of Coventry, Bene-
dict of Rochester, Bishops ; and Master Pandulph, the Pope's
subdeacon and ancient servant, Brother Aymerick, Master of the
Temple in England, and the Noble Persons, William Marescall,
Earl of Pembroke, William, Earl of Salisbury, William, Earl of
Warren, William, Earl of Arundel, Alan de Galoway, Constable
of Scotland, Warin Fitz Gerald, Peter Fitz Herebert, and Hubert
de Burghe, Senechal of Poictou, Hugo de Nevill, Matthew Fitz
Herebert, Thomas Basset, Alan Basset, Philip de Albine, Robert
de Roppele, John Marescall, John Fitz Hugh, and others our
Liegemen ; have in the first place granted to God, and by this our
present Charter, confirmed for us and our heirs forever.

I.

That the Church of England shall be free, and enjoy her whole
rights and liberties inviolable. And we will have them so to be
observed ; which appears from hence that the freedom of elec-
tions, which was reckoned most necessary for the Church of Eng-
land, of our own free will and pleasure, we have granted and con-
firmed by our Charter, and obtained the confirmation of from Pope
Innocent the Third, before the discord between us and our Bar-
ons ; which Charter we shall observe, and do will it to be faithful-
ly observed by our heirs forever.

MAGNA CARTA OF KING JOHN.

II.

We have also granted to all the freemen of our Kingdom, for
us and our heirs forever, all the underwritten Liberties, to have
and to hold to them and their heirs, of us and our heirs.

III.

If any of our Earls or Barons, or others who hold of us in chief,
by military service, shall die, and at the time of his death his heir
shall be of full age, and owe a relief, he shall have his inheritance
by the ancient relief ; that is to say, the heir or heirs of an Earl,
for a whole Earl's barony, by a hundred pounds ; the heir or heirs
of a Baron, for a whole barony, by a hundred pounds ; the heir or
heirs of a Knight, for a whole Knight's fee, by a hundred shillings
at most ; and he that oweth less shall give less, according to the
ancient custom of fees.

IV.

But if the heir of any such shall be under age, and shall be in
Ward, when he comes of age he shall have his inheritance with-
out relief or without fine.

V.

The Warden of the land of such heir, who shall be under age,
shall take of the land of such heir only reasonable issues, reasona-
ble customs, and reasonable services ; and that without destruc-
tion or waste of the men or things ; and if we shall commit the
guardianship of those lands to the Sheriff, or any other who is an-
swerable to us for the issues of the land, and if he shall make de-
struction and waste upon the Ward lands, we will compel him to
give satisfaction, and the land shall be committed to two lawful
and discreet tenants of that fee, who shall be answerable for the
issues to us, or to him whom we shall assign. And if we shall
give or sell the Wardship of any such lands to any one, and he
makes destruction or waste upon them, he shall lose the Ward-
ship, which shall be committed to two lawful and discreet tenants
of that fee, who shall in like manner be answerable to us, as hath
been said.

VI.

But the Warden, so long as he shall have the Wardship of the
land, shall keep up and maintain the houses, parks, warrens, ponds,
mills and other things pertaining to the land, out of the issues of
the same land ; and shall restore to the heir, when he comes of
full age, his whole land stocked with ploughs and carriages, accord-
ing as the time of wainage shall require, and the issues of the land
can reasonably bear.

VII.

Heirs shall be married without disparagement, so as that before
matrimony shall be contracted, those who are nearest to the heir
in blood shall be made acquainted with it.

VOL II. 61

481

482 MAGNA CARTA OF KING JOHN.

VIII.

A widow, after the death of her husband, shall forthwith, and
without any difficulty, have her marriage and her inheritance ; nor
shall she give anything for her dower or her marriage, or her in-
heritance, which her husband and she held at the day of his death ;
and she may remain in the capital messuage or mansion house of
her husband, forty days after his death, within which term her

dower shall be assigned.

IX.

No widow shall be distrained to marry herself, so long as she
has a mind to live without a husband. But yet she shall give se-
curity that she will not marry without our assent, if she holds of us,
or without the consent of the Lord of whom she holds, if she
holds of another.

X.

Neither we nor our Bailiffs shall seize any land or rent for any
debt, so long as there shall be chattels of the debtor's upon the
premises, sufficient to pay the debt. Nor shall the sureties of the
debtor be distrained, so long as the principal debtor is sufficient
for the payment of the debt.

XI.

And if the principal debtor fail in the payment of the debt, not
having wherewithal to discharge it, then the sureties shall answer
the debt ; and if they will, they shall have the lands and rents of
the debtor, until they shall be satisfied for the debt which they
paid for him : unless the principal debtor can show himself acquit-
ted thereof, against the said sureties.

XII.

If any one have borrowed anything of the Jews, more or less,
and dies before the debt be satisfied, there shall be no interest paid
for that debt, so long as the heir is under age, of whomsoever he
may hold. And if the debt falls into our hands, we will take only
the chattel mentioned in the charter or instrument.

XIII.

And if any one shall die indebted to the Jews, his wife shall
have her dower, and pay nothing of that debt ; and if the deceas-
ed left children under age, they shall have necessaries provided for
them according to the Tenement (or real estate) of the deceased ;
and out of the residue the debt shall be paid ; saving, however,
the service of the Lords. In like manner let it be with debts due
to other persons than the Jews.

XIV.

No scutage or aid shall be imposed in our Kingdom, unless by
the Common Council of our Kingdom, except to redeem our per-

MAGNA CARTA OF KING JOHN.

son, and make our eldest son a Knight, and once to marry our eldest
daughter ; and for this there shall only be paid a reasonable Aid.

XV.

In like manner it shall be concerning the Aids of the City of
London ; and the City of London shall have all its ancient liber-
ties and free customs, as well by land as by water.

XVI.

Furthermore, wre will and grant, that all other cities and bor-
oughs, and towns, and ports, shall have all their liberties and free
customs ; and shall have the Common Council of the Kingdom
concerning the assessment of their Aids, except in the three cases
aforesaid.

XVII.

And for the assessing of scutages we shall cause to be summon-
ed the Archbishops, Bishops, Abbots, Earls, and great Barons of
the Realm, singly by our letters.

XVIII.
And furthermore we shall cause to be summoned in general by
our sheriffs and bailiffs, all others who hold of us in chief, at a cer-
tain day, that is to say forty days before the meeting, at least, to a
certain place ; and in all letters of such summons we will declare
the cause of the summons.

XIX.

And summons being thus made, the business shall proceed on
the day appointed, according to the advice of such as shall be pre-
sent, although all that were summoned come not.

XX.

We will not for the future grant to any one, that he may take
Aid from his own free tenants, unless to redeem his body, and to
make his eldest son a Knight, and once to marry his eldest daugh-
ter ; and for this there shall only be paid a reasonable Aid.

XXI.

No man shall be distrained to perform more service for a
Knight's Fee, or other Free Tenement, than is due from thence.

XXII.

Common Pleas shall not follow our Court, but shall be holden in
some certain place. Tryals upon the Writs of Novel Disseisin,
and of Mort d' Ancestor, and of Darreine Presentment, shall be
taken but in their proper counties, and after this manner : We, or
if we should be out of the Realm, our Chief Justiciary, shall
send two Justiciaries through every county four times a year : who
with the four Knights chosen out of every Shire, by the People,

483

484 MAGNA CARTA OF KING JOHN.

shall hold the said Assizes in the County, on the day and at the
place appointed.

XXIII.

And if any matters cannot be determined on the day appointed
to hold the Assizes in each County, so many of the Knights and
Freeholders as have been at the Assizes aforesaid, shall be appoint-
ed to decide them as is necessary, according as there is more or
less business.

ST- XXIV.

A freeman shall not be amerced for a small fault, but according
to the degree of the fault ; and for a great crime in proportion to
the heinousness of it : Saving to him his contenement, and after
the same manner a merchant, saving to him his merchandise.

XXV.

And a villain shall be amerced after the same manner, saving to
him his Wainage, if he falls under our mercy ; and none of the
aforesaid Amerciaments shall be assessed but by the Gath of hon-
est men of the neighbourhood.

XXVI.

Earls and Barons shall not be amerced but by the Peers, and
according to the quality of the offence.

XXVII.

No ecclesiastical person shall be amerced, but according to the
proportion aforesaid, and not according to the value of his Ec-
clesiastical benefice.

XXVIII.

Neither a town, nor any person, shall be distrained to make
bridges over rivers, unless that anciently and of right they are
bound to do it.

XXIX.

No Sheriff, Constable, Coroners, or other our Bailiffs, shall hold
Pleas of the Crown.

XXX.

All Counties, Hundreds, Wapentakes, and Trethings, shall
stand at the old Ferm, without any increase, except in our De-
mesne Lands.

XXXI.

If any one that holds of us a Lay Fee, dies, and the sheriff or
our Bailiff show our Letters Patents of Summons concerning the
debt due to us from the deceased ; it shall be lawful for the Sher-
iff or our Bailiff to attach and register the Chatties of the deceased
found upon his Lay Fee, to the value of the debt, by the view of
lawful men, so as nothing be removed until our whole debt be paid ;

MAGNA CARTA OF KING JOHN.

and the rest shall be left to the Executors to fulfil the Will of the
deceased ; and if there be nothing due from him to us, all the
Chatties shall remain to the deceased, saving to his Wife and Chil-
dren their reasonable shares.

XXXII.

If any Freeman dies Intestate, his Chatties shall be distributed
by the hands of his nearest Relations and Friends, by the view of
the Church, saving to every one his debts which the Deceased
owed.

XXXIII.

No Constable or Bailiff of ours shall take Corn or other Chat-
ties of any man, unless he presently gives him money for it, or
hath respite of Payment from the seller.

XXXIV.

No Constable shall distrain any Knight to give money for Cas-
tle Guard, if he himself shall do it in his own Person, or by
another able man, in case he shall be hindered by any reasonable
cause.

XXXV.

And if we shall lead him, or if we shall send him into the Army,
he shall be free from Castle Guard, for the time he shall be in the
Army by our command.

XXXVI.

No Sheriff or Bailiff of ours, or any other, shall take Horses or
Carts of any for Carriage.

XXXVII.

Neither shall we or our Officers, or others, take any man's Tim-
ber for our Castles, or other uses, unless by the consent of the
owner of the Timber.

XXXVIII.

We will retain the Lands of those that are convicted of Felo-
ny, but one Year and a Day, and then they shall be delivered to
the Lord of the Fee.

XXXIX.

All Wears for the time to come shall be demolished in the rivers
of Thames and Medway, and throughout all England, except upon
the Sea Coast.

XL.

The Writ which is called Praecipe, shall not for the future, be
granted to any one of any tenement, whereby a Free man may
lose his cause.

485

486

MAGNA CARTA OF KING JOHN.

XL I.

There shall be one measure of Wine, and one of Ale, through
our whole Realm, and one measure of Corn, that is to say the
London Quarter ; and one Breadth of Dyed Cloth and Russets
and Haberjects, that is to say, Two Ells within the List ; and
the Weights shall be as the Measures.

XLII.

From henceforward nothing shall be given or taken for a Writ
of Inquisition, from him that desires an Inquisition of Life or
Limb, but shall be granted gratis, and not denied.

XLIII.

If any one holds of us by Fee Farm, or Socage, or Burgage, and
holds Lands of another by Military service, we will not have the
Wardship of the Heir or Land, which belongs to another man's
Fee, by reason of what he holds of us by Fee Farm, Socage, or
Burgage : Nor will we have the Wardship of the Fee Farm, So-
cage, or Burgage, unless the Fee Farm is bound to perform Mili-
tary service.

XLIV.

We will not have the Wardship of an Heir, nor of any land
which he holds of another by Military service, by reason of any
Petit-Serjeanty he holds of us, as by the service of giving us Ar-
rows, Daggers, or the like.

XLV.

No Bailiff for the future shall put any man to bis Law, upon his
single accusation, without credible witnesses produced to prove it.

XLVI.

No Freeman shall be taken, or imprisoned, or disseised, or out-
lawed, or banished, or any ways destroyed ; nor will we pass upon
him, or commit him to prison, unless by the legal Judgement of
his Peers, or unless by the Law of the Land.

XLVII.

We will sell to no man, we will deny no man, or defer Right
or Justice.

XL VIII.

All Merchants shall have safe and secure conduct to go out of
and to come into England, and to stay there, and to pass as well
by Land as by Water, to buy and sell by the antient and allowed
customs, without any evil Toll, except in time of War, or when
they shall be of any Nation in War with us.

MAGNA CARTA OF KING JOHN.

XLIX.

And if there shall be found any such in our Land in the begin-
ning of a War, they shall be attached without damage to their
bodies or goods, until it may be known unto us or our Chief Jus-
ticiary, how our Merchants be treated in the Nation at War with
us : and if ours be safe there, theirs shall be safe in our Lands.

It shall be lawfull for the time to come, for any one to go out
of our Kingdom, and return safely and securely by Land or by
Water, saving his allegiance to us ; unless in time of War, by
some short space for the benefit of the Kingdom, except Prisoners
and Outlaws according to the Law of the Land, and People in
War with us, and Merchants who shall be in such condition as is
above mentioned.

LI.

If any man holds of any Escheat, as of the Honour of Wal-
lingford, Nottingham, Bologne, Lancaster, or of other Escheats
which are in our hands, and are Baronies, and dies, his heir shall
not give any other relief, or perform any other service to us than
he would to the Baron, if the Barony were in possession of the
Baron ; we will hold it after the same manner the Baron held it.

LII.
Those men who dwell without the forest, from henceforth shall
not come before our Justiciaries of the forest upon summons, but
such as are impleaded or are pledges for any that were attached
for something concerning the Forest.

Lin.

We will not make any Justiciaries, Constables, Bailiffs or Sher-
iffs but what are knowing in the Laws of the Realm, and are dis-
posed duly to observe it.

LIV.

All Barons who are founders of Abbies, and have Charter of the
Kings of England for the Advowson, or are entitled to it by antient
tenure may have the custody of them, when void, as they ought to
have.

LV.

All woods that have been taken into the forests, in our own
time, shall forthwith be laid out again, and the like shall be done
with the rivers that have been/aken or fenced in by us, during our
reign.

LVI.

All evil customs concerning Forests, Warrens, and Forresters,
Warreners, Sheriffs and their Officers, Rivers and their Keepers,

487

488 MAGNA CARTA OF KING JOHN.

shall forthwith be enquired into in each county, by twelve Knights
of the same Shire, chosen by the most creditable Persons in the
same County, and upon oath ; and within forty days after the said
Inquest, be utterly abolished, so as never to be restored.

LVII
We will immediately give up all hostages and engagements, de-
livered unto us by our English subjects as securities for their keep-
ing the peace, and yielding us faithful service.

LVIII.

We will entirely remove from our Bailiwicks the relations of
Gerard de Athyes, so as that for the future they shall have no
Bailiwick in England. We will also remove Engelard de Cygo-
ny, Andrew, Peter, and Gyon de Canceles, Gyon de Cygony,
Geoffry de Martyn and his brothers, Philip Mark and his brothers,
and his nephew Geoffrey, and their whole Retinue.

LIX.

And as soon as Peace is restored, we will send out of the king-
dom all foreign soldiers, crossbowmen, and stipendiaries, who are
come with horses and arms, to the injury of our people.

LX.

If any one hath been dispossessed, or deprived by us without the
legal judgment of his Peers, of his lands, castles, liberties or right,
we will forthwith restore them to him ; and if any dispute arises
upon this head, let the matter be decided by the five and twenty
Barons hereafter mentioned, for the preservation of the peace.

LXI.

As for all those things, of which any person has without the le-
gal judgment of his Peers, been dispossessed or deprived, either
by King Henry our Father, or our brother King Richard, and
which we have in our hands, or are possessed by others, and we
are bound to warrant and make good, we shall have a respite till the
Term usually allowed the Croises ; excepting those things about
which there is a suit depending, or whereof an Inquest hath been
made by our Order, before we undertook the Crusade. But when
we return from our Pilgrimmage, or if we do not perform it, we
will immediately cause full justice to be administered therein.

LXII.

The same respite we shall have for disafforesting the Forests,
which Henry our Father, or our brother Richard have afforested ;
and for the Wardship of lands which are in another's fee, in the
same manner as we have hitherto enjoyed these Wardships, by
reason of a fee held of us by Knight's service, and for the Ab-
bies founded in any other fee than our own, in which the Lord of
the fee claims a right : And when we return from our Pilgrim-

MAGNA CARTA OF KING JOHN.

mage, or if we should not perform it, we will immediately do full
justice to all the complainants in this behalf.

LXIII.

No man shall be taken or imprisoned upon the appeal of a wo-
man, for the death of any other man than her husband.

LX1V.

All unjust and illegal fines, and all Amerciaments, imposed un-
justly and contrary to the law of the land, shall be entirely forgiv-
en, or else left to the decision of the five and twenty Barons here-
after mentioned for the preservation of the peace, or of the major
part of them, together with the foresaid Stephen Archbishop of
Canterbury, if he can be present, and others whom he shall think
fit to take along with him ; And if he cannot be present, the busi-
ness shall nevertheless go on without him ; but so that, if one or
more of the five and twenty Barons aforesaid be plaintiffs in the
same cause, they shall be set aside as to what concerns this par-
ticular affair, and others be chosen in their room out of the said
five and twenty, and sworn by the rest to decide that matter.

LXV.

If we have disseised or dispossessed the Welsh, of any Lands,
liberties or other things, without the legal Judgment of their Peers,
they shall be immediately restored to them. And if any dispute
arises upon this head, the matter shall be determined in the March-
es, by the Judgment of their Peers ; For tenements in England,
according to the law of England ; for tenements in Wales, accord-
ing to the law of Wales ; for tenements in the Marches, accord-
ing to the law of the Marches ; The same shall the Welsh do to
us and our subjects.

LXVI.

As for all those things, of which any Welshman hath, without
the legal judgment of his Peers, been disseised or deprived, by
King Henry our Father, or our Brother King Richard, and which
we either have in our hands, or others are possessed of, and we
are obliged to warrant it ; we shall have a respite till the time gen-
erally allowed the Croises ; excepting those things about which a
suit is pending, or whereof an Inquest has been made by our Or-
der, before we undertook the Crusade. But when we return, or
if we stay at home, and do not perform our pilgrimage, we will
immediately do them full Justice according to the laws of the
Welsh, and of the parts aforementioned.

LXVII.

We will without delay dismiss the son of Lewelin, and all the
Welsh Hostages, and release them from the engagements they en-
tered into with us for the preservation of the peace.

vol ii. 62

489

490 MAGNA CARTA OF KING JOHN.

LXVIII.

We shall treat with Alexander, King of Scotts, concerning the
restoring of his Sisters, and Hostages, and Rights and Liberties,
in the same form and manner as we shall do to the rest of our
Barons of England ; unless by the engagements which his Father
William, late King of Scotts, hath entered into with us, it ought
to be otherwise ; and this shall be left to the determination of his
Peers in our Court.

LXIX.

All the aforesaid customs and liberties which we have granted,
to be holden in our Kingdom, as much as it belongs to us towards
our people ; all our subjects, as well Clergy as Laity, shall ob-
serve as far as they are concerned, towards their dependants.

LXX.

And whereas for the honour of God, and the Amendment of
our Kingdom, and for quieting the Discord that has arisen between
us and our Barons, we have granted all the things aforesaid ; wil-
ling to render them firm and lasting, we do give and grant our sub-
jects the following security ; namely, that the Barons may choose
five and twenty Barons of the Kingdom, whom they shall think
convenient, who shall take care with all their Might to hold and
observe, and cause to be observed, the Peace and Liberties we
have granted them, and by this our present Charter confirmed.
So as that, if we, our Justiciary, our Bailiffs , or any of our Offi-
cers, shall in any case fail in the performance of them towards any
person ; or shall break through any of these Articles of Peace and
Security, and the offence is notified to four Barons, chosen out of
the five and twenty aforementioned, the said four Barons shall re-
pair to us, or to our Justiciary if we are out of the Realm, and
laying open the Grievance, shall petition to have it redressed with-
out delay ; and if it is not redressed by us, or, if we should chance
to be out of the Realm, if it is not redressed by our Justiciary
within Forty Days, reckoning from the time it has been notified to
us, or to our Justiciary if we should be out of the Realm ; the
four Barons aforesaid shall lay the cause before the rest of the five
and twenty Barons ; and the said five and twenty Barons, together
with the Community of the whole Kingdom, shall distrein and dis-
tress us in all the ways possible ; namely, by seising our Castles,
Lands, Possessions, and in any other manner they can, till the
grievance is redressed to their pleasure, saving harmless our own
Person, and the Persons of our Queen and Children ; and when
it is redressed they shall obey us as before.

LXXI.

And any person whatsoever in the Kingdom may swear, that he
will obey the orders of the five and twenty Barons aforesaid, in
the execution of the Premises, and that he will distress us, jointly
with them, to the utmost of his power ; and we give public and

MAGNA CARTA OF KING JOHN.

free Liberty to any one that will swear to them, and never shall
hinder any person from taking the same Oath.

LXXII.

As for all those of our subjects, who will not of their own ac-
cord, swear to join the five and twenty Barons, in distreining and
distressing us, we will issue our order to make them take the same
Oath, as aforesaid.

LXXIII.

And if any one of the five and twenty Barons dies, or goes out
of the Kingdom, or is hindered any other way, from putting the
things aforesaid in execution, the rest of the said five and twenty
Barons may choose another in his room, at their discretion, who
shall be sworn in like manner as the rest.

LXXIV.

In all things that are committed to the charge of these five and
twenty Barons, if, when they are all assembled together, they
should happen to disagree about any matter ; or some of them
summoned will not, or cannot come, whatever is agreed upon, or
enjoined by the major part of those who are present, shall be re-
puted as firm and valid, as if all the five and twenty had given their
consent ; and the foresaid five and twenty shall swear that all the
Premisses they shall faithfully observe, and cause with all their
power to be observed.

LXXV.

And we will not by ourselves or others, procure any thing,
whereby any of these Concessions and Liberties be revoked, or
lessened ; and if any such thing be obtained, let it be null and
void ; neither shall we ever make use of it, either by ourselves or
any other.

LXXVI.

And all the illwill, anger and malice that hath arisen between us
and our subjects of the Clergy and Laity, from the first breaking
-out of the dissension between us, we do fully remit and forgive.
Moreover, all Trespasses occasioned by the said dissension, from
Easter in the sixteenth year of our reign, till the restoration of
peace and tranquility, we hereby entirely remit to all, Clergy as
well as Laity, and as far as in us lies, do fully forgive.

LXXVII.

We have moreover granted them our Letters Patents testimoni-
al of Stephen Lord Archbishop of Canterbury, of Henry Lord
Archbishop of Dublin, and the Bishops aforesaid, as also of Mas-
ter Pandulph, for the security and concessions aforesaid.

491

492 MAGNA CARTA OF KING JOHN.

LXXVIII.

Wherefore we will, and firmly enjoin, that the Church of Eng-
land be free, and that all men in our Kingdom, have and hold, all
the foresaid Liberties, Rights and concessions, truly and peacea-
bly, freely and quietly, fully and wholly, to themselves and their
heirs, of us and our heirs, in all things and places forever, as is
aforesaid.

LXXIX.

It is also sworn, as well on our part as upon the part of the
Barons, that all the things aforeseid shall faithfully and sincerely be
observed.

Given under our hand, in the presence of the witnesses above
named and many others, in the Meadow called Runing-
mede, between Windelsore and Staines, the 15th day of
June, in the 17th year of our Reign.

MAGNA CARTA OF EDWARD I.

TWELFTH DAY OF OCTOBER, IN THE TWENTYFIFTH YEAR OF THE
KING'S REIGN, A. D. 1297.

From the Great Roll of Statutes in the Tower of London, in 40,39, 38.

Edward, by the Grace of God, King of England, Lord of
Ireland, and Duke of Guyan, to all to whom these present letters
shall come, Greeting. We have seen the Great Charter of the
Lord Henry, sometimes King of England, our father, of the Lib-
erties of England, in these words :

Henry, by the Grace of God, King of England, Lord of Ire-
land, Duke of Normandy and Guyan, and Earl of Anjou : To
the Archbishops, Bishops, Abbots, Priors, Earls, Barons,
Sheriffs, Provosts, Officers, and to all Bailiffs, and other our
faithful subjects which shall see this present Charter, greeting.
Know ye, That we, unto the honor of Almighty God, and for
the salvation of our soul, and the souls of our progenitors and
successors, Kings of England, to the advancement of Holy Church,
and the amendment of our Realm, of our meer free will, have
given and granted to all Archbishops, Bishops, Abbotts, Priors,
Earls, Barons, and to all freemen of this our Realm, these Liber-
ties following, to be kept in our Kingdom of England forever.

I.

First, we have granted to God, and by this our present Charter,
have confirmed for us and our heirs forever, that the Church of
England shall be free, and shall have all her whole rights and lib-
erties inviolable. We have granted also and given to all the free-
men of our Realm, for us and our heirs forever, these liberties
underwritten, to have and to hold, to them and their heirs, of us
and our heirs.

II.

If any of our Earls or Barons, or any other which hold of us
in Chief by knight's service, die, and at the time of his death his
heir be of full age, and oweth to us relief, he shall have his inher-
itance at the old relief ; that is to say, the heir or heirs of an Earl,
for a whole earldom, by an hundred pounds ; the heir or heirs of
a Baron, for a whole Barony, by one hundred marks ; the heir or
heirs of a Knight, for a whole Knight's fee, by one hundred shil-

494 MAGNA CARTA OF EDWARD I.

lings at the most ; and he that hath less shall give less, according
to the old custom of the fees.

III.
But if the heir of any such be within age, his Lord shall not
have the ward of him, nor of his land before that he hath taken of
him homage ; and after that such an heir hath been in ward, when
he is come to full age, that is to say, to the age of one and
twenty years, he shall have his inheritance without relief, and with-
out fine. So that if such an heir, being within age, be made a
Knight, yet nevertheless his Land shall remain in the keeping of
his Lord, until the term aforesaid.

IV.

The keeper of the land of such heir, being within age, shall not
take of the lands of the heir but reasonable issues, reasonable cus-
toms, and reasonable services ; and that without destruction or
waste of his men and his goods. And if we commit the custody
of any such land to the Sheriff, or to any other which is answer-
able unto us for the issues of the same land, and if he makes des-
truction or waste of those things which he hath in custody, we
will take of him amends and recompense therefore, and the land
shall be committed to two lawful and discreet men of that fee,
which shall answer unto us for the issues of the same land, or unto
him to whom we shall have assigned them ; and if we give or sell
to any man the custody of any such land, and he therein do make
destruction or waste, he shall lose the same custody ; and it shall
be assigned to two lawful and discreet men of that fee, which also
in like manner shall be answerable to us, as afore is said.

The keeper so long as he hath the custody of the land of such
an heir, shall keep up the houses, parks, warrens, ponds, mills
and other things, pertaining to the said land, with the issues of the
said land ; and he shall deliver to the Heir, when he cometh of
his full age, all his land stored with ploughs, and all other things,
at the least as he received it. All these things shall be observed
in the custodies of Archbishopricks, Bishopricks, Abbies, Priories,
Churches and Dignities vacant, which appertain to us, except this,
that such custody shall not be sold.

VI.
Heirs shall be married without Disparagement.

VII.

A Widow, after the death of her husband, incontinent, and
without any difficulty, shall have her marriage and her inheritance,
and shall give nothing for her dower, her marriage or her inheri-
tance, which her husband and she held the day of the death of
her husband, and she shall tarry in the chief house of her
husband by forty days after the death of her husband, within

MAGNA CARTA OF EDWARD I. 495

which days her dower shall be assigned her, if it were not assigned
her before, or that the house be a castle ; and if she depart from
the castle, then a competent house shall be forthwith provided for
her, in the which she may honestly dwell, until her dower be to
her assigned, as is aforesaid ; and she shall have in the meantime,
her reasonable estovers of the common ; and for her dower shall
be assigned unto her the third part of all the lands of her husband,
which were his during coveture, except she were endowed of less
at the Church door. No Widow shall be destreined to marry her-
self ; nevertheless she shall find surety that she shall not marry
without our license and assent, if she hold of us, nor without the
assent of the Lord, if she hold of another.

VIII.

We or our Bailiffs shall not seize any land or rent for any debt,
as long as the present goods and chatties of the debtor do suffice to
pay the debt, and the debtor himself be ready to satisfy therefore.
Neither shall the pledges of the debtor be distrained, as long as
the principal debtor is sufficient for the payment of the debt. And
if the principal debtor fail in the payment of the debt, having noth-
ing wherewith to pay, or will not pay where he is able, the pledges
shall answer for the payment of the debts. And if they will,
they shall have the lands and rents of the debtor, until they be sat-
isfied of that which they before paid for him, except that the debtor
can show himself to be acquitted against the said sureties.

IX.

The city of London shall have all the old liberties and customs
which it hath been used to have. Moreover, we will and grant,
that all other Cities, Boroughs, Towns, and the Barons of the five
Ports, and all other Ports, shall have all their liberties and free
customs.

No man shall be distrained to do more service for a Knight's fee,
nor any freehold, than therefore is due.

XI.

Common pleas shall not follow our court, but shall be holden in
some place certain.

XII.

Assizes of novel disseisin and Mort d'ancestre, shall not be
taken but in the shires, and after this manner ; If we be out of
this Realm, our chief Justicer shall send our Justicers through
every county, once in the year, which, with the Knights of the
shire, shall take the said Assizes in these Counties ; and those
things that at the coming of our foresaid Justicers, being sent to
take those Assizes in the counties, cannot be determined, shall be
ended by them at some other place in their circuit ; and those

496 MAGNA CARTA OF EDWARD I.

things, which for difficulty of some articles cannot be determined
by them, shall be referred to our Justicers of the Bench, and
there be ended.

XIII.

Assizes of Darrein Presentment, shall be always taken before
our Justices of the Bench, and there shall be determined.

XIV.

A Freeman shall not be amerced for a small fault, but after the
manner of the fault ; and for a great fault after the greatness there-
of, saving to him his contenement ; and a Merchant likewise, sav-
ing to him his merchandize ; and any other's villain than ours,
shall be likewise amerced, saving his wainage, if he fall into our
mercy. And none of the said Amerciaments shall be assessed
but by the oath of honest and lawful men of the vicinage.

Earls and Barons shall not be amerced but by their Peers and
after the manner of their offence. No man of the Church shall be
amerced after the quantity of his spiritual Benefice, but after his
Lay-tenement, and after the quantity of his offence.

XV.

No Town nor Freeman shall be distrained to make Bridges
or Banks, but such as of old time and of right have been accus-
tomed to make them in the time of King Henry our Grandfa-
ther.

XVI.

No Banks shall be defended from henceforth but such as were
in defence in the time of King Henry our Grandfather, by the
same places and the same bounds as they were wont, to be in his
time.

XVII.

No Sheriff, Constable, Escheater, Coroner, nor any other our
Bailiffs, shall hold Pleas of our Crown.

XVIII.

If any that holdeth of us Layfee, do die, and our Sheriff or
Bailiff do show our Letters Patent of our summon for the debt
which the dead man did owe to us, it shall be lawful to our sheriff
or Bailiff to attach and inroll all the goods and chattels of the dead,
being found in the said fee, to the value of the same debt, by the
sight and testimony of lawful men, so that nothing thereof shall be
taken away, until we be clearly paid off the debt ; and the residue
shall remain to the Executors to perform the testament of the
dead ; and if nothing be owing unto us, all the chattels shall go to
the use of the dead, saving to his wife and children their reasonable
parts.

MAGNA CARTA OF EDWARD I.

XIX.

No Constable nor his Bailiff, shall take corn or any other chat-
ties of any man, if the man be not of the Town where the Castle
is, but he shall forthwith pay for the same, unless that the will of
the seller was to respite the payment, and if he be of the Town,
the price shall be paid unto him within forty days.

XX.

No Constable shall distrain any Knight for to give money for
keeping of his castle, if he himself will do it in his proper person, or
cause it to be done by another sufficient man, if he may not do it
himself for some reasonable cause. And if we do lead or send him
in an army, he shall be free from Castleward for the time that he
shall be with us in fee in our host, for the which he hath done ser-
vice in our wars.

XXI.

No Sheriff or Bailiff of ours or any other, shall take the Horses
or Carts of any man to make carriage, except he pay the old price
limited, that is to say, for carriage with two horses, X. d. a day ;
for three horse, XIV. d. a day. No Demesne cart of any spirit-
ual person or Knight, or any Lord, shall be taken by our Bailiffs ;
nor we, nor our Bailiffs, nor any other, shall take any man's wood
for our Castles, or other our necessaries to be done, but by the
license of him whose the wood is.

XXII.

We will not hold the lands of them that be convict of Felony,
but one year and one day, and then those lands shall be delivered
to the Lords of the fee.

XXIII.

All Wears shall be from henceforth utterly put down by Thames
and Medway, and through all England but only by the sea coasts.

XXIV.

The Writ that is called Praecipe in capite, shall be from hence-
forth granted to no person of any freehold, whereby any freeman
may lose his Court.

XXV.

One measure of Wine shall be through our Realm, and one
measure of Ale, and one measure of Corn, that is to say, the
Quarter of London ; and one breadth of dyed Cloth, russets and
haberjects, that is to say, two Yards within the lists. And it shall
be of Weights as it is of Measures.

XXVI.

Nothing from henceforth shall be given for a Writ of Inquisi-
tion, nor taken of him that prayeth Inquisition of Life, or of Mem-
ber ; but it shall be granted freely and not denied.

vol ii. 63

497

498

MAGNA CARTA OF EDWARD I.

XXVII.

If any do hold of us by Feeferm, or by Socage, or Burgage,
and he holdeth lands of another by Knights' Service, we will not
have the custody of his Heir, or of his Land, which is holden of
the Fee of another, by reason of that Feeferm, Socage, or Bur-
gage. Neither will we have the custody of such Feeferm, Soc-
age, or Burgage, except Knight's Service be due unto us out of
the said Feeferm. We will not have the custody of the Heir, or
of any Land which he holds of another by Knight's Service, by
occasion of any Petit Sergeantry, that any man holdeth of us
by service to pay a knife, an arrow, or the like.

XXVIII.

No Bailiff from henceforth shall put any man to his open Law,
nor to an Oath, upon his own bare saying, without faithful Witnes-
ses brought in for the same,

XXIX.

No Freeman shall be taken or imprisoned, or disseized of his
Freehold, or Liberties, or Free Customs, or be outlawed, or ex-
iled, or any otherwise destroyed ; and we will not pass upon him
nor condemn him, but by lawful judgement of his Peers, or by the
Law of the Land. We will sell to no man, we will not deny or
defer to any man, either Justice or Right.

XXX.

All Merchants, if they were not openly prohibited before, shall
have their safe and sure Conduct to depart out of England, to
come into England, to tarry in and go through England, as well by
Land as by Water, to buy and sell without any manner of evil
Tolls, by the old and rightful Customs, except in time of War.
And if they be of a land making War against us, and be found in
our Realm at the beginning of the Wars, they shall be attached
without harm of body or of goods, until it be known to us, or our
Chief Justice, how our Merchants be intreated there in the land
making War against us ; and if our Merchants be well intreated
there, theirs shall be likewise with us.

XXXI.

If any man hold of any Eschete, as of the honour of Wal-
lingford, Nottingham, Boloin, or of any other Eschete which be
in our hands, and are Baronies, and die, his heir shall give none
other relief, nor do none other service to us than he should to the
Baron, if it were in the Baron's hand ; and we in the same wise
shall hold it as the Baron held it ; neither shall we have by Occa-
sion of any Barony or Eschete, any Eschete or keeping of any of
our men, unless he that held the Barony or Eschete, elsewhere
held of us in chief.

&

MAGNA CARTA OF EDWARD I. 499

XXXIL

No Freeman from henceforth shall give or sell any more of his
land ; but so that of the residue of the Lands, the Lord of the
Fee may have the service due to him, which belongethtothe Fee.

XXXIII.

All Patrons of Abbeys, which have the King's Charters of Eng-
land of Advowson, or have old tenure or possession in the same,
shall have the custody of them when they fall void, as it hath been
accustomed, and as it is afore declared.

XXXIV.

No man shall be taken and imprisoned upon the appeal of a wo-
man, for the death of any other man than her husband.

XXXV.

No County Court from henceforth shall be holden, but from
Month to Month ; and where greater time hath been used, there
shall be greater ; Nor any Sheriff or his Bailiff shall keep his turn
in the hundred, but twice in the year ; and no where but in due
place and accustomed : that is to say, once after Easter, and again
after the Feast of St. Michael. And the view of Frank Pledge
shall be likewise at the Feast of St. Michael, without occasion ; so
that every man may have his liberties which he had, or used to
have, in the time of King Henry our Grandfather, or which he
hath purchased since. The view of Frank Pledge shall be so
done, that our Peace may be kept ; and that the tything be wholly
kept as it hath been accustomed ; and that the Sheriff seek no oc-
casions, and that he be content with so much as the Sheriff was
wont to have for his viewmaking, in the time of King Henry our
Grandfather.

XXXVI.

It shall not be lawful for any from henceforth to give his lands
to any Religious house, and to take the same lands again to hold
of the same house. Nor shall it be lawful to any House of Re-
ligion to take the lands of any, and to lease the same to him of
whom he received it. If any from henceforth give his lands to
any Religious House, and thereupon be convict, the gift shall be
utterly void, and the land shall accrue to the Lord of the Fee.

XXXVII.

Escuage from henceforth shall be taken like as it was wont to
be in the time of King Henry our Grandfather ; reserving to all
Archbishops, Bishops, Abbots, Priors, Templers, Hospitallers,
Earls, Barons, and all persons, as well Spiritual as Temporal, all
their free liberties and free customs which they have had in time
passed : And all these customs and liberties aforesaid, which we
have granted to be holden within this our Realm, as much as ap-

500 MAGNA CARTA OF EDWARD I.

pertaineth to us and our heirs, we shall observe ; and all men of
this our Realm, as well Spiritual as Temporal, as much as in them
is, shall observe the same against all persons in likewise. And for
this our gift and grant of these liberties, and of other contained in
our charter of the liberties of our Forest, the Archbishops, Bish-
ops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and
other our subjects, have given unto us the fifteenth part of all their
moveables. And we have granted unto them, on the other part,
that neither we, nor our heirs, shall procure or do anything where-
by the liberties in this Charter contained, shall be infringed or bro-
ken ; and if any thing be procured by any person, contrary to the
premises, it shall be had of no force nor effect. These being wit-
nesses ; Lord S. Archbishop of Canterbury, E. Bishop of Lon-
don, J. Bishop of Bathe, P. of Winchester, H. of Lincoln, R.
of Salisbury, W. of Rochester, W. of Worcester, J. of Ely, H.
of Hereford, R. of Chichester, W. of Exeter, Bishops ; the
Abbot of St. Edmonds, the Abbot of St. Albans, the Abbot of
Bello, the Abbot of St. Augustines in Canterbury, the Abbot of
Evesham, the Abbot of Westminster, the Abbot of Bourgh St.-
Peter, the Abbot of Reading, the Abbot of Abindon, the Abbot
of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde,
the Abbot of Certesy, the Abbot of Sherburn, the Abbot of
Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Ab-
bot of Seleby, the Abbot of Cirencester ; H. de Burgh, Justice,
H. Earl of Chester and Lincoln, W. Earl of Salisbury, W. Earl
of Warren, G. de Clare, Earl of Gloucester and Hertford, W.
de Ferrars, Earl of Derby, W. de Mandeville, Earl of Essex,
H. de Bygod, Earl of Norfolk, W. Earl of Albemarle, H. Earle
of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter,
R. de Vyponte, W. de Bruer, R. de Montefichet, P. Fitzherbert,
W. de Aubenie, F. Gressly, F. de Breus, J. de Monemue, J.
Fitsallen, H. de Mortimer, W. de Beauchamp, W. de St. John,
P. de Mauli, Brian de Lisle, Thomas de Multon, R. de Argen-
tyn, G. de Neville, W. de Manduit, J. de Balun, and others :
Given at Westminster, the eleventh day of February, the ninth
year of our Reign.

II.

We, ratifying and approving these gifts and grants aforesaid, con-
firm and make strong for us and our heirs perpetually, all the same,
and by the tenour of these presents do renew the same ; willing
and granting for us and our heirs, that this Charter and all and sin-
gular these Articles forever, shall be stedfastly, inviolably, and
firmly observed, and if any Article in the said Charter contained,
yet hitherto, peradventure hath not been kept, we will, and by
Authority Royal command, from henceforth firmly they be ob-
served. In witness whereof, we have caused these our Letters
Patents to be made. T. Edward our son, at Westminster, the
twentyeighth day of March, in the twentyeighth* year of our
reign.

* This ought to be the 25th year, A. D.1297. See Statutes of the Realm, vol. 1 p. 119.

^ , / - /t L f

PETITION OF RIGHTS,

PRESENTED TO KING CHARLES THE FIRST,
WITH THE KING'S REPLY.*

TO THE KING'S MOST EXCELLENT MAJESTIE.

Humbly shew unto our Sovereign Lord the King, the LordsActpu^ ^m.
Spiritual and Temporal, and Commons in Parliament assembled, p- ioio,
that, whereas it is declared and enacted by a Statute, made in the
tyme of the Raigne of King Edward the first, commonly called, t. l.p. sss.
" Statutum de Tallagio non concedendo," that no Tallage or AideAnnalsP- 103-
should be laid or levied, by the King or his heires, in this Realme ;
without the good will and assent of the Arch Bishopps, Bishopps,
Earles, Barons, Knights, Burgesses and other the freemen of the
cominalty of this realm : And by Authority of Parliament houlden
in the five and twentieth yere of the Raigne of King Edward the
third, it is declared and enacted that from thenceforth noe person
should be compelled to make any loanes to the King against his
will, because such loanes were against reason, and the franchise of
the land ; and by other lawes of this realme it is provided, that
none should be charged by any charge or imposition, called a Be-
nevolence, nor by such like charge, by which the Statuts before
mentioned, and other the good lawes and statuts of this Realme,
your Subjects have inherited this freedom, that they should not be
compelled to contribute to any Tax, Tallage, Aide, or other like
charge, not sett by common consent in Parliament.

Yet nevertheless of late, divers commissions, directed to sun-
drie commissioners in severall Counties, with instructions, have
been issued, by means whereof your People have bene in divers
places assembled, and required to lend certaine sommes of money
unto your Majestic and many of them upon their refusal! soe to
doe, have had an oath administered unto them, not warrantable by
the Lawes or Statuts of this Realme, and have been constrained
to become bound to make appearance, and give attendance
before your Privie Couneell and in other places ; and others
of them have beene therefore imprisoned, confined and sundrie
other wayes molested and disquieted : And divers other charges
have bene laid and leavied upon your People in severall Coun-
ties, by Lords Lieutenants, Deputie Lieutenants, Commissioners
for musters, Justices of peace and others, by commaunde or direc-

* This Petition was drawn up by Sir Edward Coke.— Coke, 207, Edition of 1G07.

502

PETITION OF RIGHTS.

tion from your Majestie, or your Privie Councell, against the
lawes and free customes of the realme.

9 Hen. 3,29. And whereas alsoe by the Statute called " The greate Charter
of the Liberties of England," it is declared and ennacted that noe
freeman may be taken or imprisoned, or be disseised of his free-
hold or liberties, or his free customes, or be outlawed or exiled, or
in any manner destroyed, but by the lawful! judgment of bis Peeres,
or by the lawe of the land.

as Edw. 3, 3. And in the eighth and twentieth yere of the reigne of King Ed-
ward the third, it was declared and ennacted by Authoritie of Par-
liament, that no man of what estate or condition that he be, should
be putt out of his lands or tenements, nor taken nor imprisoned,
nor disherited, nor putt to death, without being brought to answer
by due process of lawe.
„, Nevertheless against the tenour of the said Statutes, and other

33 Edw 3' 9 t^ae &°°d lawes and Statuts of your Realme, to that end provided,
divers of your subjects have of late beene imprisoned without any

42 Edw. 3. 3. cause showed ; and when for their deliverance they were brought
before your Justices by your Majestie's Writ of Habeas Corpus,

17 Rich. 2. 6. there to undergo and receive, as the Court should order, and their
Keepers commaunded to certify the causes of their detayner ; noe
cause was certified, but that they were detayned by your Majes-
tie's special commaund, signified by the Lords of your Privie
Councell, and yet were returned back to severall prisons, with-
out being charged with any tbynge to which they might make an-
sweare according to the lawe.

And whereas of late, great companies of souldiers and marri-
ners have bene dispersed into divers Counties of the Realme, and
the inhabitants against their wills have been compelled to receive
them into their houses, and there to suffer them tosojourne, against
the lawes and customes of this realme, and to the great grievance
and vexation of the People.

25 Edw. 3. 9. And whereas alsoe, by authority of Parliament, in the 25th yere
of the raigne of King Edward III, it is declared and ennacted that

9 Hen. 3. 29. noe man should be forejudged of life or lymbe, against the forme

25 Edw 34 °^ ^ie Sreat Charter, and the lawe of the land, and by the said
great Charter, and other the Laws and Statuts of this your Realme,

23 do. 3. noe man ought to be adjudged to death, but by the lawes establish-

ed in this your realme, either by the customes of the same realme,
or by Acts of Parliament ; And whereas noe offender, of what
kind soever, is exempted from the proceedings to be used, and
the punishments to be inflicted by the lawes and statutes of this
your realme ; nevertheless of late time, divers commissions under
your Majestie's Greate Seale have issued forth, by which certaine
persons have been assigned and appointed commissioners, with pow-
er and authoritie to proceed within the land, according to the justice
of martiall lawe, against such souldiers and marriners, or other
dissolute persons joyning with them, as should commit any mur-
der, robbery, felonie, meeting or other outrage or misdemeanour
whatsoever ; and by such summarie course and order as is agree-
able to martiall lawe, and as is used in armies in tyme of war, to

PETITION OF RIGHTS. 503

proceed to the tryal and condemnation of such offenders, and then
to cause to be executed and putt to death, according to the lawe
martiall.

By pretext whereof, some of your Majestie's Subjects have bene
by some of the said commissioners putt to death, when and where,
if by the lawes and statuts of the land they had deserved
death, by the same lawes and statuts alsoe they might, and by no
other ought, to have been judged and executed.

And alsoe sundrie grievous offenders, by colour thereof claym-
inge an exemption, have escaped the punishments due to them by
the lawes and statuts of this your realm, by reason that divers of
your officers and ministers of justice have unjustly refused or for-
borne to proceed against such offenders, according to the same
lawes and statuts, upon pretence that the said offenders were pun-
ishable only by martiall lawe, and by authority of such commis-
sions as aforesaid ; which commissions, and all others of like na-
ture, are wholely and directlie contrary to the said lawes and statuts
of this your realme.

They doe therefore humbly pray your most excellent Majestie, Petition.
That no man hereafter be compelled to make or yielde any guifte,
loane, benevolence, tax, or such like charge, without common
consent by Act of Parliament ; and that none be called to make
answeare, or take such oath, or to give attendance, or be confyned,
or otherwise molested or disquieted concerning the same, or for
refusall thereof: And that noe freeman, in any such manner as is
before mentioned, be imprisoned or delayed : And that your Ma-
jestie would be pleased to remove the said souldiers and marriners,
and that your People may not be soe burdened in the tyme to
come : And that the aforesaid commissions for proceedinge by
martiall lawe, may be revoaked and annulled ; and that hereafter noe
commissions of like nature, may issue forth to any person or per-
sons whatsoever, to be executed as aforesaid, least by colour of
them, any of your Majestie's subjects be destroyed, or putt to
dearii, contrary to the laws and franchise of the land.

All which they do most humbly pray of your most excellent
Majestie, as their Rights and Liberties, accordinge to the lawes
and statuts of this Realme. And that your Majestie would also
vouchsafe to declare, that the awardes, doeings, and proceedings,
to the prejudice of your People, in any of the premisses, shall not
be drawn hereafter into consequence or example : And that your
Majestie would be alsoe graciously pleased, for the further comfort
and safetie of your people, to declare your royal will and pleasure,
That in the things aforesaid all your officers and ministers shall
serve you, according to the lawes and statuts of this realme, as
they tender the honour of your Majestie, and the prosperity of
this Kingdom.

504

PETITION OF RIGHTS.

The King's
Answer.

THE KING'S ANSWER TO THE PETITION OF

RIGHTS.

The King willeth that Right he done, according to the laws and
customs of the realme ; and that the Statutes be put in due exe-
cution, that his subjects may have no cause to complain of any
wrong or oppressions, contrary to their just Rights and Liberties,
to the preservation whereof he holds himself in conscience as
r pSh59orth' T we^ °bJ'gedj as of his prerogative.

Petition of both
Houses.

PETITION OF BOTH HOUSES TO THE KING, ON THE 7tm DAY OP
JUNE, 1628, WHEREIN A MORE FULL AND SATISFACTORY ANSWER
TO THE ABOVE PETITION IS PRAYED FOR.

May it please your most excellent Majestie, The Lords Spirit-
ual and Temporal, and Commons in Parliament assembled, taking
in consideration that the good intelligence between your Majestie
and your People, doth much depend upon your Majestie's answer
upon their Petition of Right, formerly presented ; with unanimous
consent do now become most humble suitors unto your Majestie,
that you would be pleased to give a clear and satisfactory answer
thereunto, in full Parliament.

TO WHICH PETITION THE KING REPLIED,

The answer I have already given you was made with so good
deliberation, and approved by the judgements of so many wise
men, that I could not have imagined but that it would have given
you full satisfaction : But to avoid all ambiguous interpretations,
and to show you there is no doubleness in my meaning, I am wil-
ling to pleasure you as well in words as in substance ; Read your
petition, and you shall have an answer that I am sure will please
you.

Answer. Here the Petition was read, and the following answer was re-

turned,— " Soit Droit fait comme il est desire." C. R.

THEN SAID HIS MAJESTY,

Speech of the This I am sure is full, yet no more than I granted you in my first
Kin£- answer, for the meaning of that, was to confirm your liberties,

knowing according to your own protestations, that you neither mean
nor can hurt my prerogative. And I assure you, my maxim is,
that the People's liberties strengthen the King's Prerogative, and
the King's Prerogative is to defend the People's Liberties.

You see how ready I have shown myself to satisfy your demand,
so that I have done my part ; wherefore if this parliament have
not a happy conclusion, the sin is yours, I am free from it.

[The above is the Answer of the King in Parliament, and his Speech on that occa-
sion, June 7th, 1628.]

BILL OF RIGHTS,

PASSED 1 WILLIAM AND MARY, SESS. 2. CH. 2,

1689.

AN ACT FOR DECLARING THE RIGHTS AND LIBERTIES OP THE
SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.

1 W. AND M. 1539.

Whereas the Lords Spiritual and Temporal, and Commons,
assembled at Westminster, lawfully, fully and freely representing
all the Estates of the People of this Realm, did, upon the thir-
teenth day of February, in the year of our Lord, One Thousand
six Hundred and Eightyeight, present unto their Majesties then
called and known by the name and stile of William and Mary,
Prince and Princess of Orange, being present in their proper per-
sons, a certain declaration in writing, made by the said Lords and
Commons, in the words following, viz.

Whereas the late King James the Second, by the assistance of The heads of
divers evil counsellors, judges, and ministers employed by him, abdication,
did endeavor to subvert and extirpate the protestant religion, and
the laws and liberties of this kingdom,

1 . By assuming and exercising a power of dispensing with and Dispensing
suspending of lawrs, and the execution of laws, without consent power*

of Parliament.

2. By committing and prosecuting divers worthy prelates, for Committing
humbly petitioning to be excused from concurring to the said as-prelates-
sumed power.

3. By issuing and causing to be executed a commission under Ecclesiastical
the great seal for erecting a court called, The court of com mis- commission,
sioners for ecclesiastical causes.

4. By levying money for and to the use of the crown, by pre- Levying
tence of prerogative, for other time, and in other manner, than the money-
same wTas granted by Parliament.

5. By raising and keeping a standing army within this kingdom Standing army.
in time of peace, without consent of Parliament, and quartering

soldiers contrary to law.

6. By causing several good subjects, being protestants, to be Disarming
disarmed, at the same time when papists were both armed and em- Protestailts-
ployed contrary to law.

7. By violating the freedom of election of members to serve in violating dec-
Parliament. tions-

vol. n. 64

506

BILL OF RIGHTS.

Wrong pros-
ecutions.

Juries.

Excessive bail.

Fines and pun-
ishments.

Grants of fines,
&c.

The subjects'
rights.

No dispensing
power.

Late dispensing

illegal

Ecclesiastical
courts illegal.

Levying
money.

8. By prosecutions in the court of King's bench, for matters
and causes cognizable only in Parliament ; and by divers other
arbitrary and illegal courses.

9. And whereas of late years, partial, corrupt, and unqualified
persons have been returned and served on juries in trials, and par-
ticularly divers jurors in trials for high treason, which were not
freeholders.

10. And excessive bail hath been required of persons com-
mitted in criminal cases, to elude the benefit of the laws made for
the liberty of the subjects.

11. And excessive fines have been imposed ; and illegal and
cruel punishments inflicted.

12. And several grants and promises made of fines and forfeit-
ures, before any conviction or judgment against the persons, upon
whom the same were to be levied.

All which are utterly and directly contrary to the known laws
and statutes, and freedom of this realm.

And whereas the said late King James the Second having abdi-
cated the government, and the throne being thereby vacant, his
highness the prince of Orange (whom it hath pleased Almighty
God to make the glorious instrument of delivering this kingdom
from popery and arbitrary power) did (by the advice of the Lords
temporal and spiritual, and divers principal persons of the com-
mons) cause letters to be written to the lords spiritual and tem-
poral, being protestants, and other letters to the several counties,
cities, universities, boroughs, and cinque-ports, for the choosing
of such persons to represent them, as were of right to be sent to
Parliament, to meet and sit at Westminster upon the two and
twentieth day of January, in this year one thousand six hundred
eighty and eight, in order to such an establishment, as that their
religion, laws, and liberties might not again be in danger of being
subverted : upon which letters, elections have been accordingly
made ; And thereupon the said lords spiritual and temporal, and
commons, pursuant to their respective letters and elections, being
now assembled in a full and free representative of this nation, tak-
ing into their most serious consideration the best means for attain-
ing the ends aforesaid ; do in the first place (as their ancestors in
like case have usually done) for the vindicating and asserting their
ancient rights and liberties, declare —

1. That the pretended power of suspending of laws, or the
execution of laws, by regal authority, without consent of Parlia-
ment, is illegal.

2. That the pretended power of dispensing with laws, or the
execution of laws, by regal authority, as it hath been assumed and
exercised of late, is illegal.

3. That the commission for erecting the late court of commis-
sioners for ecclesiastical causes, and all other commissions and
courts of like nature, are illegal and pernicious.

4. That levying money for or to the use of the crown, by pre-
tence of prerogative, without grant of Parliament, for longer time,
or in other manner than the same is or shall be granted, is illegal.

BILL OF RIGHTS.

507

5. That it is the right of the subjects to petition the King, and Right tope-
all commitments and prosecutions for such petitioning are illegal.

6. That the raising or keeping a standing army within the king- Standing army,
dom in time of peace, unless it be with consent of Parliament, is

against law.

7. That the subjects which are protestants, may have arms for Subjects' arms,
their defence suitable to their conditions, and as allowed by law.

8. That election of members of Parliament ought to be free, election?0

9. That the freedom of speech, and debates or proceedings in Freedom of
Parliament, ought not to be impeached or questioned in any court speec

or place out of Parliament.

10. That excessive bail ought not to be required, nor excessive Excessive bail,
fines imposed ; nor cruel and unusual punishments inflicted.

11. That jurors ought to be duly impanelled and returned, andJunes-
jurors which pass upon men in trials for high treason, ought to be
freeholders.

12. That all grants and promises of fines and forfeitures of par- ^[ta°rgSsof for"
ticular persons before conviction, are illegal and void.

13. And that for redress of all grievances, and for the amend- Frequent
ing, strengthening, and preserving of the laws, Parliaments ought to par iamen s-
be held frequently.

And they do claim, demand, and insist upon all and singular the
premises, as their undoubted rights and liberties ; and that no de-
clarations, judgments, doings or proceedings, to the prejudice of the
people in any of the said premises, ought in any wise to be drawn
hereafter into consequence or example.

To which demand of their rights they are particularly encour-
aged by the declaration of his highness the prince of Orange, as
being the only means for obtaining a full redress and remedy
therein.

Having therefore an entire confidence, That his said highness
the prince of Orange, will perfect the deliverance so far advanced
by him, and will still preserve them from the violation of their
rights, which they have here asserted, and from all other attempts
upon their religion, rights, and liberties :

II. The said lords spiritual and temporal, and commons, assem- Tender of the
bled at Westminster, do resolve, That William and Mary, prince croW11-
and princess of Orange, be, and be declared, King and Queen of
England, France and Ireland, and the dominions thereunto belong-
ing, to hold the crown and royal dignity of the said kingdoms and
dominions to them the said prince and princess during their lives,
and the life of the survivor of them ; and that the sole and full
exercise of the regal power be only in, and executed by, the said
prince of Orange, in the names of the said prince and princess,
during their joint lives ; and after their deceases, the said crown
and royal dignity of the said kingdoms and dominions to be to the
heirs of the body of the said princess ; and for default of such
issue, to the princess Anne of Denmark, and the heirs of her body;
and for default of such issue, to the heirs of the body of the said
prince of Orange. And the lords spiritual and temporal, and com-
mons, do pray the said prince and princess to accept the same
accordingly.

508

BILL OF RIGHTS.

New oaths of
allegiance, &c,

Allegiance.

Supremacy.

Acceptance of
the crown.

The two
houses to sit.

Subject's
liberties to be
allowed.

King's assent.

III. And that the oaths hereafter mentioned be taken by all per-
sons of whom the oaths of allegiance and supremacy might be
required by law, instead of them ; and that the said oaths of alle-
giance and supremacy be abrogated.

I, A. B., do sincerely promise and swear, That I will be faith-
ful and bear true allegiance to their Majesties, King William
and Queen Mary :

So help me God.

I, A. B., do swear, That I do from my heart abhor, detest and
abjure, as impious and heretical, that damnable doctrine and posi-
tion, That princes excommunicated or deprived by the pope, or
any authority of the see of Rome, may be deposed or murdered
by their subjects, or any other whatsoever. And I do declare,
That no foreign prince, person, prelate, state, or potentate hath,
or ought to have any jurisdiction, power, superiority, pre-eminence
or authority, ecclesiastical or spiritual, within this realm :

So help me God.

IV. Upon which their said Majesties did accept the crown and
royal dignity of the kingdoms of England, France and Ireland, and
the dominions thereunto belonging, according to the resolution
and desire of the said lords and commons contained in the said
declaration.

V. And thereupon their Majesties were pleased, That the said
lords, spiritual and temporal, and commons, being the two houses
of Parliament, should continue to sit, and with their Majesties
royal concurrence make effectual provision for the settlement of
the religion, laws and liberties of this kingdom, so that the same
for the future might not be in danger again of being subverted ; to
which the said lords spiritual and temporal, and commons, did
agree and proceed to act accordingly.

VI. Now in pursuance of the premisses, the said lords spiritual
and temporal, and commons, in Parliament assembled, for the rati-
fying, confirming and establishing the said declaration, and the arti-
cles, clauses, matters, and things therein contained, by the force of
a law made in due form by authority of Parliament, do pray that it
may be declared and enacted, That all and singular the rights and
liberties asserted and claimed in the said declaration, are the true,
ancient, and indubitable rights and liberties of the people of this
kingdom, and so shall be esteemed, allowed, adjudged, deemed,
and taken to be, and that all and every the particulars aforesaid
shall be firmly and strictly holden and observed, as they are ex-
pressed in the said declaration ; and all officers and ministers
whatsoever shall serve their majesties and their successors accord-
ing to the same in all times to come.

(Sections VII. VIII. IX. X. are irrelevant.)

XI. All which their Majesties are contented and pleased shall
be declared, enacted and established by authority of this present
Parliament, and shall stand, remain, and be the law of this realm
forever ; and the same are by their said Majesties, by and with

BILL OF RIGHTS. 509

the advice and consent of the lords spiritual and temporal, and
commons, in parliament assembled, and by the authority of the
same, declared, enacted, and established accordingly.

XII. And be it further declared and enacted by the authority No^ obstantes
aforesaid, That from and after this present session of parliament,
no dispensation by non obstante of or to any statute, or any part
thereof, shall be allowed, but that the same shall be held void and
of no effect, except a dispensation be allowed of in such statute,
and except in such cases as shall be specially provided for by one
or more bill or bills to be passed during this present session of
parliament.

(Section XIII. irrelevant.)

ARTICLES OF CONFEDERATION.

IN CONGRESS, JULY 8, 1778.

ARTICLES OF CONFEDERATION AND PERPETUAL UNION, BETWEEN
THE STATES OF NEW HAMPSHIRE, MASSACHUSETTS BAY, RHODE
ISLAND AND PROVIDENCE PLANTATIONS, CONNECTICUT, NEW
YORK, NEW JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND,
VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA AND GEORGIA.

Article I. The style of this Confederacy shall be, " the United
States of America."

II. Each state retains its sovereignty, freedom, and indepen-
dence, and every power, jurisdiction, and right, which is not by
this confederation expressly delegated to the United States in
Congress assembled.

III. The said States hereby severally enter into a firm league
of friendship with each other, for their common defence, the secu-
rity of their liberties, and their mutual and general welfare, binding
themselves to assist each other against all force offered to, or at-
tacks made upon them, or any of them, on account of religion,
sovereignty, trade, or any other pretence whatever.

IV. Sect. 1st. The better to secure and perpetuate mutual
friendship and intercourse among the people of the different States
of this Union, the free inhabitants of each of these states, paupers,
vagabonds, and fugitives from justice excepted, shall be entitled
to all privileges and immunities of free citizens in the several
states ; and the people of each state shall have free ingress and
egress to and from any other state, and shall enjoy therein all the
privileges of trade and commerce, subject to the same duties, im-
positions and restrictions, as the inhabitants thereof respectively ;
provided that such restrictions shall not extend so far as to prevent
the removal of property imported into any state, to any other state
of which the owner is an inhabitant ; provided also, that no impo-
sition, duties, or restriction, shall be laid by any state, on the pro-
perty of the United States, or either of them.

IV. 2. If any person guilty of, or charged with treason, felony,
or other high misdemeanor in any state, shall flee from justice, and
be found in any of the United States, he shall, upon the demand
of the Governor or executive power of the state from which he
fled, be delivered up and removed to the slate having jurisdiction
of his offence.

ARTICLES OF CONFEDERATION.

IV. 3. Full faith and credit shall be given in each of these
states, to the records, acts, and judicial proceedings of the courts,
and magistrates of every other state.

V. 1. For the more convenient management of the general in-
terests of the United States, delegates shall be annually appointed
in such manner as the legislature of each state shall direct, to meet
in Congress on the first Monday in November in every year, with
a power reserved to each state to recall its delegates, or any of
them, at any time within the year, and to send others in their stead,
for the remainder of the year.

V. 2. No state shall be represented in Congress by less than
two nor more than seven members ; and no person shall be capa-
ble of being a delegate for more than three years, in any term of
six years ; nor shall any person, being a delegate, be capable of
holding any office under the United States, for which he, or any
other for his benefit, receives any salary, fees, or emolument, of
any kind.

V. 3. Each state shall maintain its own delegates in a meeting of
the states, and while they act as members of the committee of
these states.

V. 4. In determining questions in the United States in Con-
gress assembled, each state shall have one vote.

V. 5. Freedom of speech and debate in Congress shall not be
impeached or questioned in any court or place out of Congress,
and the members of Congress shall be protected in their persons
from arrests and imprisonments during the time of their going to
and from, and attendance on Congress, except for treason, felony,
or breach of the peace.

VI. 1. No state, without the consent of the United States in
Congress assembled, shall send any embassy to, or receive any
embassy from, or enter into any conference, agreement, alliance,
or treaty, with any king, prince, or state, nor shall any person
holding any office of profit or trust under the United States, or
any of them, accept of any present, emolument, office, or title, of
any kind whatever, from any king, prince, or foreign state ; nor
shall the United States in Congress assembled, or any of them,
grant any title of nobility.

VI. 2. No two or more states shall enter into any treaty, confed-
eration, or alliance whatever, between them, without the consent of
the United States in Congress assembled, specifying accurately the
purposes for which the same is to be entered into, and how long it
shall continue.

VI. 3. No state shall lay any imposts or duties which may in-
terfere with any stipulations and treaties entered into by the United
States in Congress assembled, with any king, prince, or state, in
pursuance of any treaties already proposed by Congress to the
courts of France and Spain.

VI. 4. No vessel of war shall be kept up in time of peace by
any state, except such number only as shall be deemed necessary
by the United States in Congress assembled, for the defence of such
state, or its trade ; nor shall any body of forces be kept up by any

511

512 ARTICLES OF CONFEDERATION.

state in time of peace, except such number only as, in the judg-
ment of the United States in Congress assembled, shall be deemed
requisite to garrison the forts necessary for the defence of such state;
but every state shall always keep up a well regulated and disciplin-
ed militia, sufficiently armed and accoutred, and shall provide and
constantly have ready for use in public stores, a due number of
field pieces and tents, and a proper quantity of arms, ammunition,
and camp equipage.

VI. 5. No state shall engage in any war without the consent of
the United States in Congress assembled, unless such state be ac-
tually invaded by enemies, or shall have received certain advice of:
a resolution being formed by some nation of Indians, to invade
such state, and the danger is so imminent as not to admit of
delay till the United States in Congress assembled can be con-
sulted, nor shall any state grant commissions to any ships or ves-
sels of war, nor letters of marque, or reprisal, except it be after a
declaration of war by the United States in Congress assembled,
and then only against the kingdom or state, and the subjects thereof,
against which war has been so declared, and under such regulations
as shall be established by the United States in Congress assem-
bled, unless such state be invested by pirates, in which case ves-
sels of war may be fitted out for that occasion, and kept so long as
the danger shall continue, or until the United States in Congress
assembled shall determine otherwise.

VII. When land forces are raised by any state for the common
defence, all officers of or under the rank of colonel, shall be ap-
pointed by the legislature of each state respectively, by whom such
forces shall be raised, or in such manner as such state shall direct,
and all vacancies shall be filled up by the state which first made
the appointment.

VIII. All charges of war, and all other expenses that shall be
incurred for the common defence or general welfare, and allowed
by the United States in Congress assembled, shall be defrayed out
of a common treasury, which shall be supplied by the several
states, in proportion to the value of all land within each state,
granted to or surveyed for any person, as such land and the buildings
and improvements thereon shall be estimated, according to such
mode as the United States in Congress assembled, shall, from time
to time direct and appoint. The taxes for paying that proportion,
shall be laid and levied by the authority and direction of the legis-
latures of the several states, within the time agreed upon by the
United States in Congress assembled.

IX. 1. The United States in Congress assembled, shall have
the whole and exclusive right and power of determining on peace
or war, except in the cases mentioned in the sixth article ; of send-
ing and receiving ambassadors ; entering into treaties and alliances,
provided that no treaty of commerce shall be made, whereby the
legislative power of the respective states shall be restrained from
imposing such imposts and duties on foreigners, as their own peo-
ple are subjected to, or for prohibiting the exportation or importa-
tion of any species of goods or commodities whatever ; of estab-

ARTICLES OF CONFEDERATION.

Hshing rules for deciding in all cases what captures on land and
water shall be legal, and in what manner prizes taken by land or
naval forces in the service of the United States shall be divided or
appropriated ; for granting letters of marque and reprisal in time of
peace ; appointing courts for the trial of piracies, and felonies
committed on the high seas ; and establishing courts for receiving
and determining finally, appeals in all cases of captures ; Provided
that no member of Congress shall be appointed a judge of any of
the said courts.

IX. 2. The United States in Congress assembled, shall also be
the last resort on appeal in all disputes and differences now subsisting
or that hereafter may arise between two or more states, concern-
ing boundary, jurisdiction, or any other cause whatsoever ; which
authority shall always be exercised in the manner following ; When-
ever the legislative or executive authority, or lawful agent of any
state in controversy with another, shall present a petition to Con-
gress, stating the matter in question, and praying for a hearing,
notice thereof shall be given by order of Congress to the legisla-
tive or executive authority of the other state in controversy, and
a day assigned for the appearance of the parties by their lawful
agents, who shall then be directed to appoint, by joint consent, com-
missioners or judges to constitute a court for hearing and determining
the matter in question ; but if they cannot agree, Congress shall
name three persons out of each of the United States, and from
the list of such persons, each party shall alternately strike out one,
the petitioners beginning, until the number shall be reduced to thir-
teen ; and from that number not less than seven, nor more than
nine names, as Congress shall direct, shall in the presence of Con-
gress, be drawn out by lot ; and the persons whose names shall be
so drawn, or any five of them, shall be commissioners or judges,
to hear and finally determine the controversy, so always as a ma-
jor part of the judges who shall hear the cause, shall agree in the
determination : and if either party shall neglect to attend at the
day appointed, without shewing reasons which Congress shall judge
sufficient, or being present shall refuse to strike, then Congress
shall proceed to nominate three persons out of each state and the
Secretary of Congress shall strike in behalf of such party absent,
or refusing ; and the judgment and sentence of the court, to be
appointed in the manner before prescribed, shall be final and con-
clusive ; and if any of the parties shall refuse to submit to the au-
thority of such court, or to appear or defend their claim or cause,
the court shall nevertheless proceed to pronounce sentence or
judgment, which shall in like manner be final and decisive ; the
judgment or sentence and other proceedings being in either case
transmitted to Congress, and lodged among the acts of Congress,
for the security of the parties concerned ; provided that every
commissioner, before he sits in judgment, shall take an oath, to be
administered by one of the judges of the supreme, or superior
court of the state where the case shall be tried, " well and truly to
hear and determine the matter in question, according to the best of
his judgment, without favor, affection, or hope of reward ;" Pro-

vol. II. • 65

513

514 ARTICLES OF CONFEDERATION.

vided also that no state shall be deprived of territory for the ben-
efit of the United States.

IX. 3. All controversies concerning the private right of soil
claimed under different grants of two or more states, whose juris-
diction, as they may respect those lands, and the states which
passed such grants is adjusted, the said grants or either of them be-
ing at the same time claimed to have originated antecedent to such
settlement of jurisdiction, shall, on the petition of either party, to
the Congress of the United States, be finally determined, as near
as may be, in the same manner as is before prescribed for deciding
disputes respecting territorial jurisdiction between different States.

IX. 4. The United States in Congress assembled shall also
have the sole and exclusive right and power of regulating the alloy
and value of coin struck by their own authority, or by that of the
respective' states ; fixing the standard of weights and measures
throughout the United States ; regulating the trade, and managing
all affairs with the Indians, not members of any of the states ;
provided that the legislative right of any state within its own limits
be not infringed or violated ; establishing and regulating post
offices from one state to another, throughout all the United States ;
and exacting such postage on the papers passing through the same,
as may be requisite to defray the expenses of the said office ;
appointing all officers of the land forces in the service of the United
States, excepting regimental officers, appointing all the officers of
the naval forces, and commissioning all officers whatever in the
service of the United States ; making rules for the government
and regulation of the said land and naval forces, and directing their
operations.

IX. 5. The United States in Congress assembled, shall have
authority to appoint a committee to sit in the recess of Congress,
to be denominated, "A Committee of the States," and to consist
of one delegate from each State ; and to appoint such other com-
mittees and civil officers as may be necessary for managing the
general affairs of the United States under their direction ; to
appoint one of their number to preside, provided that no person
be allowed to serve in the office of president more than one year
in any term of three years ; to ascertain the necessary sums of
money to be raised for the service of the United States, and to
appropriate and apply the same for defraying the public expenses ;
to borrow money or emit bills on the credit of the United States,
transmitting every half year to the respective states an account of
the sums of money so borrowed or emitted ; to build and equip a
navy ; to agree upon the number of land forces, and to make
requisitions from each State for its quota, in proportion to the
number of white inhabitants in such state, which requisition shall
be binding ; and thereupon the legislature of each state shall
appoint the regimental officers, raise the men, clothe, arm, and
equip them in soldier-like manner, at the expense of the United
States, and the officers and men so clothed, armed and equipped,
shall march to the place appointed, and within the time agreed on
by the United States in Congress assembled ; but if the United
States in Congress assembled, shall, on consideration of circum-

ARTICLES OF CONFEDERATION.

stances, judge proper that any state should not raise men, or
should raise a smaller number than its quota, and that any other
state should raise a greater number of men than the quota thereof,
such extra number shall be raised, officered, clothed, armed and
equipped in the same manner as the quota of such state, unless
the legislature of such state shall judge that such extra number
cannot be safely spared out of the same, in which case they shall
raise, clothe, arm, officer and equip, as many of such extra num-
ber as they judge can be safely spared, and the officers and men
so clothed, armed and equipped, shall march to the place appointed,
and within the time agreed on by the United States in Congress
assembled.

IX. 6. The United States in Congress assembled, shall never
engage in a war, nor grant letters of marque and reprisal in time of
peace, nor enter into any treaties or alliances, nor coin money,
nor regulate the value thereof, nor ascertain the sums and expenses
necessary for the defence and welfare of the United States, or any
of them, nor emit bills, nor borrow on the credit of the United
States, nor appropriate money, nor agree upon the number of ves-
sels of war to be built or purchased, or the number of land or sea
forces to be raised, nor appoint a commander-in-chief of the army
or navy, unless nine states assent to the same ; nor shall a question
on any other point, except for adjourning from day to day, be
determined, unless by the votes of a majority of the United States
in Congress assembled.

IX. 7. The Congress of the United States shall have power
to adjourn to any time within the year, and to any place within the
United States, so that no period of adjournment be for a longer
duration than the space of six months, and shall publish the journal
of their proceedings monthly, except such parts thereof relating to
treaties, alliances, or military operations, as in their judgment
require secrecy ; and the yeas and nays of the delegates of each
state, on any question, shall be entered on the journal, when it is
desired by any delegate ; and the delegates of a state or any of
them, at his or their request, shall be furnished with a transcript of
the said journal, except such parts as are above excepted, to lay
before the legislatures of the several States.

X. The committee of the States or any nine of them, shall be
authorized to execute, in the recess of Congress, such of the
powers of Congress as the United States in Congress assembled,
by the consent of nine states, shall from time to time think expe-
dient to vest them with ; provided that no power be delegated to
the said committee, for the exercise of which, by the articles of
confederation, the votes of nine states in the Congress of the
United States assembled, is requisite.

XI. Canada, acceding to this confederation, and joining in the
measures of the United States, shall be admitted into, and entitled
to all the advantages of this union ; but no other colony shall be
admitted into the same, unless such admission be agreed to by nine
States.

XII. All bills of credit emitted, monies borrowed, and debts

515

516

ARTICLES OF CONFEDERATION.

contracted by or under the authority of Congress, before the
assembling of the United States in pursuance of the present con-
federation, shall be deemed and considered as a charge against the
United States, for payment and satisfaction whereof the said
United States and the public faith are hereby solemnly pledged.

XIII. Every state shall abide by the determination of the Uni-
ted States in Congress assembled, in all questions which by this
confederation are submitted to them. And the a'rticles of this
confederation shall be inviolably observed by every state, and the
union shall be perpetual ; nor shall any alteration at any time here-
after be made in any of them, unless such alteration be agreed to
in a Congress of the United States, and be afterwards confirmed by
the legislature of every state.

And whereas it hath pleased the Great Governor of the world,
to incline the hearts of the legislatures we respectively represent
in Congress, to approve of, and to authorize us to ratify the said
articles of confederation and of perpetual union : Know ye, that
we the undersigned delegates, by virtue of the power and authority
to us given for that purpose, do, by these presents, in the name
and in behalf of our respective constituents, fully and entirely ratify
and confirm each and every of the said articles of confederation
and perpetual union, and all and singular the matters and things
therein contained. And we do further solemnly plight and engage
the faith of our respective constituents, that they shall abide by the
determinations of the United States in Congress assembled, in all
questions which by the said confederation are submitted to them ;
and that the articles thereof shall be inviolably observed by the
states we respectively represent, and that the union shall be per-
petual. In witness whereof, we have hereunto set our hands in
Congress.

Done at Philadelphia, in the State of Pennsylvania, the 9th day of July, in the year
of our Lord, 1778, and in the 3d year of the Independence of America.

NEW HAMPSHIRE.

JOSIAH BARTLETT,
JOHN WENTWORTH, Jr.

MASSACHUSETTS BAY.

JOHN HANCOCK,
SAMUEL ADAMS,
EL BRIDGE GERRY,
FRANCIS DANA,
JAMES LOVEL,
SAMUEL HOLTEN.

RHODE ISLAND, ETC.

WILLIAM ELLERY.
HENRY MARCHANT,
JOHN COLLINS.

CONNECTICUT.

ROGER SHERMAN,
SAMUEL HUNTINGTON,
OLIVER WALCOTT,
TITUS HOSMER,
ANDREW ADAMS.

NEW YORK.

JAMES DUANE,
FRANCIS LEWIS,
WILLIAM DUER,
GOUV. MORRIS.

NEW JERSEY.

JOHN WITHERSPOON,
NATHANIEL SC UDDER.

MARYLAND.

JOHN HANSON,
DANIEL CARROLL.

PENNSYLVANIA.

ROBERT MORRIS,
DANIEL ROBERDEAU,
JONATHAN BAYARD SMITH,
WILLIAM CLINGAN,
JOSEPH REED.

DELAWARE.

THOMAS McKEAN,
JOHN DICKINSON,
NICHOLAS VANDYKE.

ARTICLES OF CONFEDERATION.

5J7

VIRGINIA.

RICHARD HENRY LEE,
JOHN BANISTER,
THOMAS ADAMS,
JOHN HARVIE,
FRANCIS LIGHTFOOT LEE.

NORTH CAROLINA.

JOHN PENN,
CONS HARNETT,
JOHN WILLIAMS.

SOUTH CAROLINA.

HENRY LAURENS,
WILLIAM HENRY DRAYTON,
JOHN MATTHEWS,
RICHARD HUTSON,
THOMAS HEYWARD, Jr.

GEORGIA.

JOHN WALTON,
EDWARD TELFAIR,
EDWARD LANG WORTHY.

WELDON TOLL, BRIDGE COM-
PANY.

AN ACT TO AUTHORIZE THE BUILDING OF A TOLL BRIDGE OVER
ROANOKE RIVER, AT THE TOWN OF WELDON, AND TO INCORPO-
RATE A COMPANY FOR THAT PURPOSE.

(Passed at the session of 1831.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That William Moody, Richard H. Weaver, Andrew Joyner,
Thomas T. Wiatt and Thomas W. Lassiter, or any three of them,
be, and they are hereby appointed commissioners for receiving
subscriptions to the amount of twenty thousand dollars, for the
purpose of building a bridge over Roanoke river, at or near the
town of Weldon ; and the said commissioners, or a majority of
them, shall prepare books, and cause the same to be opened at
such places, and under the direction of themselves, or such per-
sons as they may appoint, on or before the first day of April next ;
and they shall continue open until the first day of July, unless the
capital aforesaid shall be earlier subscribed, at which time the said
books shall be returned to the commissioners aforesaid, at the said
town of Weldon ; and there shall be a general meeting of the
said subscribers, at the said town of Weldon, on the said first day
of July next, either personally or by proxy, which meeting may
continue from day to day until the business thereof be finished ;
and if it shall appear that ten thousand dollars or more of the capi-
tal stock have been subscribed, the said subscribers, their heirs
and assigns, from the time of the said first meeting, shall be, and
they are hereby declared to be incorporated into a company by
and under the name and style of " The Weldon Toll Bridge
Company," and may sue and be sued as such, plead and be im-
pleaded, defend and be defended, and have perpetual succession
and a common seal ; and such of the said subscribers as may be
present at the said meeting, or a majority of them, are hereby em-
powered and directed to elect a president and four directors for
conducting the business and concerns of said company for one
year, and until the next meeting of the stockholders. Every pro-
prietor of stock, by writing under his or her hand, executed be-
fore some justice of the peace, may depute any other stockholder
to represent him or her at any general meeting ; and the votes and

WELDON TOLL BRIDGE COMPANY.

acts of such proxy shall be as effectual to all intents and purposes
as if the proprietor himself were personally present.

2. Be it further enacted by the authority aforesaid, That if
the aforesaid sum of ten thousand dollars shall not be subscribed
on or before the said first day of July next, the said commission-
ers, if directed by a majority of the subscribers at their general
meeting, shall again open books of subscription, and keep the
same open until the first day of December thereafter, or until the
aforesaid sum of ten thousand dollars shall be subscribed as afore-
said ; and if more than the capital stock hereby authorized shall be
subscribed, the commissioners shall strike off from the said sub-
scription until the capital shall be reduced to twenty thousand dol-
lars ; and in striking off subscriptions, they shall begin and strike
off a share from the largest subscriptions in the first instance, and
continue to strike off one share for all subscriptions under the
largest and above one share, until the same shall be reduced to the
capital aforesaid.

3. Be it further enacted, That the capital sum aforesaid shall
be divided into shares of fifty dollars each ; and any person may
subscribe for one or more shares, but not for a part of a share.
The shares shall be paid for at such times and places, and by such
instalments as the president and directors of said company shall
direct, they first advertising the sum to be paid in each instalment
in the Roanoke Advocate, published in the town of Halifax, for at
least twenty days ; and if any person or persons holding one share
or shares in said company, shall fail to pay for the same in the
manner, and at the time prescribed by the president and directors
aforesaid, the said president and directors may enforce the collec-
tion thereof by legal process, or they may expose to public sale
the share or shares which such person may hold in the said company,
by giving ten days' public notice thereof ; and if the said shares shall
not sell for a sum sufficient to pay the instalment or instalments due
thereon, the sum deficient may be recovered of the person or per-
sons who own the said stock ; and the books of the said company
shall be good evidence of such sale, and of the purchase of said
shares.

4. Be it further enacted, That the general meetings of the
said company, after the year one thousand eight hundred and thir-
tytwo, shall be held at the said town of Weldon, on the first Mon-
day of May in each and every year, or at such other time and place
as the stockholders in general meeting shall prescribe ; and the
said president and directors shall have full power and authority to
commence work on the said bridge, or to enter into contract for
building the same or any part thereof, whenever the said sum of
ten thousand dollars shall have been subscribed as aforesaid, and
to make and establish all such rules and regulations for the proper
conduct and management of the affairs and concerns of said com-
pany, as they in their discretion may deem expedient.

5. JUnd be it further enacted, That the said president and direc-
tors shall have power and authority to build a gate or gates on the
said bridge to be erected as aforesaid, and to ask, demand and re-
ceive from persons passing over the said bridge not more than the

519

520

- WELDON TOLL BRIDGE COMPANY,

following toll, to wit : for every four wheel pleasure carriage}
seventyfive cents ; for every two wheel pleasure carriage, twenty-
five cents ; for every wagon, sixty cents ; for every cart, twenty-
five cents ; for every man and horse, ten cents ; single horse, five
cents ; foot passenger, five cents ; head of horned cattle, three
cents ; hogs and sheep, two cents each.

6. And be it further enacted, That this act shall be in force
from and after the ratification thereof.

7. And be it further enacted, That unless the company here-
by created shall commence the building of the said bridge within
three years, and complete the same within seven years after the
passing of this act, the corporate powers hereby granted shall
cease and determine ; and that the corporation hereby created shall
not continue in any event longer than ninety years, unless the
same be continued by an act of the General Assembly.

AN ACT TO AMEND AN ACT, ENTITLED "AN ACT TO AUTHORIZE
THE BUILDING OF A TOLL BRIDGE OVER ROANOKE RIVER AT
THE TOWN OF WELDON, AND TO INCORPORATE A COMPANY
FOR THAT PURPOSE."

(Passed in 1S33.)

Whereas it has been represented to this General Assembly that
the capital stock, authorized to be raised by the above recited act,
is insufficient to build the contemplated bridge in the most durable
and substantial manner : For remedy whereof,

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the capital stock of the Weldon Toll Bridge Company be,
and the same is hereby increased to fifty thousand dollars ; and it
shall be lawful to open books of subscription on the first day of
February next, for raising the additional stock hereby created,
under the superintendence of A. Joyner, Thomas F. Wiatt,
Richard H. Weaver, Rice B. Pierce and William H. Day, or
any three of them, and under the direction of such other persons
as they may appoint, and to continue the same open until the fif-
teenth day of November, one thousand eight hundred and thirty-
four, unless the capital aforesaid should be earlier subscribed, in
which case the books shall be immediately closed.

2. Be it further enacted, That the additional stock hereby cre-
ated shall be paid for in the same manner, and stand in all respects
upon the same footing, terms, conditions, limitations and restric-
tions as the original stock of twenty thousand dollars, authorized
to be raised under the provisions of the said recited act.

3. And be it further enacted, That it shall be lawful for the
president and directors of the Weldon Toll Bridge Company to
call meetings of the said company, at such times and places as
they may deem proper, whenever the business of the said com-
pany shall render the same necessary.

VVELDON TOLL BRIDGE COMPANY.

4. And be it further enacted, That this act shall be in force from
and after the ratification thereof.

521

AN ACT TO INCREASE THE CAPITAL STOCK OP THE WELDON TOLL
BRIDGE COMPANY.

(Passed in 1S35.)

Be it enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That the capital stock of the Weldon Toll Bridge Company, be,
and the same is hereby increased to the amount of seventyfive
thousand dollars, and that Rice B. Pierce, Thomas T. Wiatt,
William H. Day, Whitmel H. Hardee, and Andrew Joyner, or
any three of them, be, and they are hereby appointed commission-
ers to open books of subscription, on or before the first day of
February next, at the town of Weldon, and at such other times
and places, and under the direction of such persons as they may
appoint, to raise the additional capital hereby authorized to be cre-
ated.

2. jBe it further enacted, That the subscribers to the additional
stock hereby authorized to be raised, shall have, possess and enjoy
all the rights, benefits and privileges, stand in all respects upon the
same footing, and be subject to the same rules, liabilities and
restrictions, as the original subscribers to the capital stock in the
said Weldon Toll Bridge Company.

3. And be it further enacted, That it shall be lawful for the said
Weldon Toll Bridge Company, through their president and direc-
tors, to borrow such portion of the said additional capital hereby
authorized to be raised, as the said company in general meeting shall
deem proper, to pledge the property of the company for the
payment of such loan, and to make and issue all proper evidence
of such loan, and assurance of repayment thereof.

vol. ii. 66

SHORT NOTICE

EARLY HISTORY OF NORTH CAROLINA,

WITH A LIST OF THE

GOVERNORS,

UNDER THE PROPRIETARY, REGAL AND PRESENT GOVERNMENT.

The first permanent settlement in North Carolina is believed
to have been formed immediately subsequent to the expulsion of
the Quakers from Virginia, in 1662. (See Bancroft's History
of the United States, Vol. II., eh. Carolina.)

In that year Cistooaneu, king of the Yeopim Indians, granted to
George Durant, the neck of land which separates Little and Per-
quimmons rivers, at their entrance into Albemarle sound ; and on
the 1st of April, 1663, Sir William Berkley, Governor of Vir-
ginia, granted a portion of the same tract to George Cathmaid,
under the following description : " 3,350 acres lying and being
on the north side of Roanoke (now Albemarle) abutting southerly
on the said sound, easterly on Katotin (now Little) river, west-
erly on Perquimmons, which issueth out of the said sound, and
northerly on the Owasoke creek, which issueth out of Perquim-
mons river and the woods ; the same being clear unto the said
Cathmaid per transportationem of sixtyseven persons.'''' These are
the oldest land titles, and Duranfs Neck in Perquimmons county,
probably the earliest settlement in Carolina.

On the 24th of March, 1663, King Charles the Second granted
Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkley, all
the country from the Atlantic to the Pacific ocean, included be-
tween the 31st and 36th parallels of north latitude. The territory
was erected into a province by the name of Carolina, of which
the grantees were lords proprietors.

On the 8th of September, 1663, Sir William Berkley, Governor
of Virginia, one of the proprietors, was instructed to visit the set-
tlement on Albemarle and organize a regular government. George
Drummond was appointed governor, assisted by a council of six

EARLY HTSTORY OF NORTH CAROLINA.

persons, and the infant colony was from that period known as the
county of Albemarle, in the province of Carolina.

On the 30th of June, 1665, the second charter of Charles the
Second was obtained, enlarging the powers of the grantees, and
extending the boundaries of the province from the southern boun-
dary of Virginia (36 deg. 30 min.) to Florida, (29 deg.)

The area of Carolina under this charter, was a million of square
miles, quite equal to one half the territory of the United States,
according to our present limits. It included a large part of Mex-
ico, all Texas, all our territory south of 36 deg. 30 min. and west
of Arkansas, and all the cotton-growing states of the Union, viz.
North and South Carolina, Georgia, Tennessee, Arkansas, Ala-
bama, Mississippi and Louisiana.

The first legislative body known to the history of Carolina, con-
vened according to Chalmers (Hist. Col. of S. Carolina, Vol. II.,
p. 284,) in 1666, and petitioned the lords proprietors to permit
the people of Albemarle, to hold their lands upon the same terms
that the people of Virginia held theirs. Governor Drummond was
succeeded by Samuel Stevens, in October, 1667. He was in-
structed to act with the concurrence of a council of twelve, six of
whom were to be appointed by himself, and the other six to be
chosen by the delegates of the freeholders. The governor, the
council, and twelve delegates chosen by the freeholders, consti-
tuted " The Grand Assembly of Albemarle."

On the 29th May, 1664, ("Brief Description of Carolina,"
printed by Robert Home, 1666,) Sir John Yeamans, at the head
of S00 colonists from Barbadoes made the second * settlement
that was attempted on the Cape Fear river. It was organized into
the second government established in Carolina, and received the
name of the county of Clarendon. The first Charlestown in Car-
olina was projected by Governor Yeamans, and is supposed to
have been situated at the confluence of Oldtown creek with the
Cape Fear, in the county of Brunswick, on the plantation now
owned by Thomas Cowan, Esq. At this period the county of
Albemarle included the country between Virginia and the Cape
Fear, and the county of Clarendon was spread over the region
between Cape Fear and Florida.

In 1670, Governor Sayle landed at Port Royal and laid the
foundation of a third government in Carolina. He fell an early
victim to the diseases of the climate, and in August of the follow-
ing year, the authority of Governor Yeamans of Clarendon, was
extended over this colony. Governor Yeamans removed imme-
diately to the latter settlement, and on the first year of his admin-
istration founded Old Charleston on the banks of Ashley river,
which continued to be the metropolis of the colony until 1680,
when the present city of Charleston was built upon the neck of
land between Ashley and Cooper rivers. The colonists who
accompanied Governor Yeamans from Barbadoes to Cape Fear,
are believed to have followed him with great unanimity on his mi-

* A few individuals settled on Cape Fear, then called Clarendon river in 1659, and
deserted the country in 1663.— (See Martin's Hist. N. Carolina, p. 126-137.;

523

524 EARLY HISTORY OF NORTH CAROLINA.

gration southward. In the year 1690, no settler remained, and
with his administration the history of Clarendon as an independent
government ceases.

The Fundamental Constitutions of Carolina, drawn up by the cel-
ebrated author of the " Essay on the Human Understanding,"
bears date on the 1st of March, 1669. Governor Stevens and
Governor Sayle were required to organize their respective gov-
ernments under them in the following year, at which time Graham
(Hist. U. States, Vol. II., p. 107) states, that John Locke was
created a landgrave, and was one of the three hereditary nobles of
Carolina, of the first order.

Between the years 1671 and 1685, that part of the province
south of the county of Clarendon, was divided into the counties
of Craven, Berkley, Colleton, and Carteret.

Craven extended from the Santee to the Sewee ; Berkley, from
the Seewee to the Stono ; Colleton, from the Stono to some point
beyond Edisto ; and Carteret, stretching from thence to Florida,
was uninhabited.

In 1697, that portion of the province north of the Santee river,
(the county of Albemarle and the uninhabited county of Claren-
don,) acquired the distinctive appellation of North, and the four
southern counties that of South Carolina. — (See Oldmixon's Car-
olina, Hist. Col. of S. C. Vol. II, pp. 444, 445 ; Chalmers
Political Jlnnals, idem. 327 ; Williamson's Hist. North Caro-
lina, Vol. I, p. 162 ; JlrchdaWs Carolina, published in 1707.)

Having traced thus briefly the history of the several settlements
in Carolina, from their origin until the period at which they were
all merged into North and South Carolina, no reference will hence-
forth be made except incidentally to the southern government.

\iUi.\ GOVERNORS OF THE COUNTY OF ALBEMARLE.

GfijaaftE Drummond, appointed in the autumn of 1663

Sabiuel Stevens, appointed October,* 1667

•pit-**- Cartvvright,! president of the council, 1674

^Uoivh.KfeS Miller, £ appointed president of the council, July, 1677

John Culpepper, usurped the government, Dec. 1677

John Harvey, § appointed president of the council, 1680

John Jenkins, || appointed governor, June, 1680

Henry Wilkinson, appointed governor, Feb. 1681

Seth Sothel,1F appointed governor, 1683

* Died early in 1 674 .

t Resigned and returned to England early in 1676.

t In November, 1676, Governor Eastchurch was sent out from England to Albemarle.
He stopped in the West Indies, and having been detained by " an agreeable engage-
ment," did not arrive until some time alter Culpepper's rebellion in December, 1677.
He died in the midst of unsuccessful efforts aided by the governor of Virginia, to sup-
press the insurrection, and thus, having won the lady, lost his government and his life.

§ In the beginning of the year 16S0, the proprietors sent out Seth Solhel as governor,
who was taken by the Algerines on his voyage thither. In February, 1681, Henry Wil-
kinson was appointed "governor of that portion of Carolina stretching from Virginia
to the river Pamlico, and five miles beyond it." (Chalmer's Pol. Annals, Hist. Col. S.
C, vol. II, p. 309.)

|| Died December, 1631.

M After Sothel's expulsion from Albemarle, he went to Charleston, was elected gover-
nor of that part of the province in 1690, and was impeached and expelled therefrom two
years thereafter. Impeached and expelled by parliament, 1688.

EARLY HISTORY OF NORTH CAROLINA. 525

Philip Ludwell,* appointed governor, 1689

Alexander Lillington, appointed deputy governor, 1693

Thomas Harvey, appointed deputy governor, 1695

The fundamental constitutions were abrogated in Carolina in the
month of April, 1693. At the same period the authority of Gov-
ernor Ludwell was extended over the four southern counties. He
assumed the title of Governor of Carolina, and fixed his residence
at Charleston. From the accession of Governor Ludwell to the
government of Carolina, (April, 1693,) until the 24th of January,
1712, the northern part of the province (Albemarle) was ruled
either by deputy governors, appointed by the governor of Carolina,
at Charleston, or by a president of the council, elected by the
lords proprietors. In all other respects the two governments,
North and South Carolina, were entirely independent of and dis-
tinct from each other, and even separated by a wide wilderness,
and a well defined boundary, the Santee river.

GOVERNORS OF CAROLINA FROM APRIL, 16

93, TO JANUARY,

1712.

Philip Ludwell,

appointed

1693

Thomas Smith,

do.

1693

Joseph Blake,

do.

1694

John Archdale,

do.

1695

Joseph Blake,

do.

1696

James Moore,

do.

17Q0

Nath'l Johnston,

do.

1703

Edward Tynte,

do.

1706

Robert Gibbes,

do.

1710

GOVERNORS OF NORTH CAROLINA UNDER THE PROPRIETARY
GOVERNMENT.

"Henderson Walker, f president of the council, 1699

Robert Daniel, appointed deputy governor, 1704

Thomas Carey, « » " 1705

William Glover, president of the council, May, 1709

Edward Hyde, " " August, 1710

Edward Hyde, appointed governor, Jan. 24th, 1712

Thomas Pollock, president of the council, Sept. 12th, 1712
Charles Eden,! t0°k ^ie oatri 0I" °^ce as

governor, May 28th, 1714

Thomas Pollock, § president of the council, March 30th, 1722
William Reed, " " Sept. 7th, 1722

George Burrington, governor, (took oaths of

office,) Jan. 15th, 1724

Sir Richard Everard, governor, (took oaths

of office,) July 17th, 1725

* Appointed governor of Carolina, 1693.
+ Died the 14th of April, 1704.
t Died 26th of March, 1722.
§Died August 30th, 1722.

526

EARLY HISTORY OF NORTH CAROLINA.

In 1729, all the lords proprietors, except John Lord Carteret,
sold their shares of Carolina, and surrendered the government to
the crown. Thus ended the proprietary government, sixtysix
years after the charter by which it was established.

GOVERNORS UNDER THE ROYAL GOVERNMENT.

George Burrington,* governor, (took oath of

office,) Feb. 25th, 1731

Nathaniel Rice, president of the council, April 17th, 1734
Gabriel Johnston,! governor, (took oaths of

office,) Nov. 2d, 1734

Nathaniel Rice,:}: president of the council, 1752

Matthew Rowan, " " Feb. 1st, 1753

Arthur Dobbs,§ governor, (tookoaths of office,) Nov. 1st, 1754
William Tryon,|| " " " " Oct. 27th, 1764

James Hasel, president of the council, July 1st, 1771

JosiahMartin,1[ governor, (tookoaths of office,) August, 1771

GOVERNORS UNDER THE CONSTITUTION.

RICHARD CASWELL,

ABNBR NASH,

THOMAS BURKE,

ALEXANDER MARTIN,

RICHARD CASWELL,

SAMUEL JOHNSTON,

ALEXANDER MARTIN,

RICHARD D. SPAIGHT,

SAMUEL ASHE,

WM. R. DAVIE,

BENJAMIN WILLIAMS,

JAMES TURNER,

NATHANIEL ALEXANDER,do. 1805

BENJAMIN WILLIAMS, do. 1607

)ec.

1776

do.

1779

do.

17S1

do.

17S2

do.

17S4

do.

1737

do.

1739

do.

1792

do.

1795

do.

1793

do.

1799

do.

1802

Ekcted.

DAVID STONE. do. 1803

BENJAMIN SMITH, do. 1810

WILLIAM HAWKINS, do. 1811

WILLIAM MILLER, do. 1314

JOHN BRANCH, do. 1317

JESSE FRANKLIN, do. 1820

GABRIEL HOLMES, do. 1821

HUTCHINS G. BURTON, do. 182 4

JAMES IREDELL, do. 1827

JOHN OWEN, do. t823

MONTFORT STOKES, do. 1830

DAVID L. SWAIN, do. 1832

RICHARD D. SPAIGHT, do. 1835
EDWARD B. DUDLEY** Jan. 1, 1837

* Fled to South Carolina, April, 1734.

t Died 1752.

t Died the 23th of January, 1753.

§ Resigned, Oct. 27th, 1764.

I| June, 1771, appointed Governor of New York.

If Abdicated and took refuge on board the Cruizer sloop of War in Cape Fear,
August, 1775.

** Governor Dudley was elected under the amended constitution, by tbe people in the
summer of 1836, but did not qualify and enter upon the duties of his office until the
first day of January, 1637.

SKETCH OF THE JUDICIAL HISTORY

OP

NORTH CAROLINA,

WITH

A LIST OF THE JUDGES AND ATTORNEY GENERALS

SINCE THE ADOPTION OF THE CONSTITUTION.

Under the proprietary government, the judicial authority seems
to have been divided among the precinct courts, the general
court, and the court of chancery. Commissions to hold the
precinct courts were issued by the governor to four justices of
the peace, two of whom were of the quorum, and the court
was regularly organized, when either of the latter wTas present to-
g ether with one or more of the associate justices. The jurisdic-
tion of the precinct courts extended to all civil causes under the
value of five pounds sterling or one thousand pounds of tobacco,
and to all "felonious witchcrafts, enchantments, sorceries, magic
arts, trespasses, forestalling, regratings, extortions, unlawful as-
semblies," &c. ; provided " that if a case of difficulty upon the
determination of any of the premises should happen to arise," or
the offence "relate to the taking away of any one's life, member
or estate," all such matters of difficulty should be referred to the
governor, deputies, and rest of the grand council.*

The general courtf was held by the chief justice represent-

* The commission from which the above extracts are taken, is the oldest public record
in North Carolina; it bears date the 3d December, 1679, and is directed to George Du-
rant, Alexander Lillington, Ralph Fletcher and Caleb Calloway, Esquires, of Berkley
(now Perquimmons) precinct. The minute docket of Berkley precinct court upon which
it is recorded, is preserved in the superior court clerk's office of Perquimmons county.

t The earliest record of this court, extant, is the minute docket of "the General Court
held for that portion of Carolina, north and east of Cape Fear," at the house of Capt.
John Hacklefield, on Little River, on the 23th October, 1712. On the 29th of March,
1715, it was removed to the house of Capt. Richard Sanderson ; on the 31st of July,
1716, to " Queen Anne's creek at the court house," and on the 24th March, 1722, it was
opened at Edenton. The following is the caption of the term.

" North Carolina, ss.

" At a general court, held for the said province at the court house in Edenton on Queen
Anne's creek, on Tuesday, the 27th March, 1722. Present, Christopher Gale, Esquire,
Chief Justice. The Lords Proprietors commission to Christopher Gale, Esq. Chief
Justice was read and published, the commission to the assistants being voyd, by the de-
mise of the late Governor Eden."

The docket closes with July term 1724, is closely and well written, containing 425
pages with index and marginal notes. The pleadings are entered at length and with
technical accuracy. On the " General Court Docquet" for July, 1 742, there are 250
trial causes and 64 appearances.

528 JUDICIAL HISTORY OF NORTH CAROLINA.

ing the palatine, and seven assistants representing the other pro-
prietors.

The court of chancery* was held by the governor and the
lords proprietors' deputies.

In 1746, (Swan's Revisal, ch. 2, p. 224,) the court of chancery
and the general court were removed from Edenton to Newbern,
and the judicial system which had been undergoing gradual improve-
ment from the termination of the proprietary government in 1729,
was entirely remodelled.

Under the system then established (1746) " the supreme or gen-
eral court," was held twice a year, by the chief justice, and three
associate justices, under the name of " the General Court of
North Carolina." Courts of assize, oyer and terminer, and gen-
eral gaol delivery were held semiannually by the chief justice at
Edenton, Wilmington, and at the court house in Edgecomb
county. All writs were issued out of the general court at New-
bern, and the records after issue made up, were removed by
writ of Nisi Prius to the proper place for trial, " in the same
manner, according to the method, and as near as might be, agree-
able to the practice of the court of common pleas or king's bench
at Westminster."

In 1767 (Davis's Revisal, edition of 1775, p. 372, ch. 1 and
2) (he province was divided into six judicial districts, Wilming-
ton, Newbern, Edenton, Halifax, Hillsborough and Salisbury, and
a superior court was required to be held twice a year in each district
by the chief justice, and two associate justices. "Inferior courts
of pleas and quarter sessions," were at the same time established
in each county. Martin Howard was appointed chief justice, and
Maurice Moore and Richard Henderson associate justices, who con-
tinued to hold their offices until March, 1773, when, in consequence
of a contest between the governor and the assembly on the sub-
ject of the attachment law, the act of 1767, was permitted' to
expire, and the superior courts were thus abolished, f

The first General Assembly organized under the State Con-
stitution, convened at Newbern, on the 8th April, 1777, and at
that and the subsequent session in November, in compliance with
the ordinance of the convention adopted on the 20th December
1776, revised the whole body of the statute laiv. The act of the
November session, known as " the Court Law," contains very few
provisions, that are not copied literally from the acts of 1767, es-
tablishing the superior and county courts, and no change was
made in any essential feature of the system. As under the act of
1767, above referred to, the superior courts were required to

* A decree of the court of chancery in the case William Duckinfield vs. the heirs of
John Arderne, entered on the 11th May, 1713, is recited at length in Swan's Revisal p.
44, and is probably the most ancient memorial of this court, which has come down to
the present times.

t The present state of North Carolina is really curious ; there are but five provincial
laws in force through the colony, and no courts at all in being. No one can recover a
debt, except before a single magistrate, when the sums are within his jurisdiction, and
offenders escape wuh impunity. The people are in great consternation about the mat-
ter ; what will be the consequence is problematical. — Extract from Diary 5tli April
1773. — Memoir of Josiah Quincij, Jr. p. 123.

JUDICIAL HISTORY OF NORTH CAROLINA.

be held by the chief justice and two associates, semiannually in
each of the districts of Wilmington, Newbern, Edenton, Halifax,
Hillsborough and Salisbury.

All our subsequent legislation, has had no other effect than to
extend the system of 1767 in proportion to the growth of our set-
tlements, and the increase of our population. In 1782, the judi-
cial district of Morgan, and in 1787, that of Fayetteville was esta-
blished. Equity jurisdiction was given to the superior courts by
the act of 1782, (N. R. ch. 197.) In 1790, (Iredell's Rev. p.
695, ch. 3.) the office of solicitor general was created, a fourth
judge appointed, and the eight judicial districts, separated into
two ridings. The districts of Morgan, Salisbury, Fayetteville and
Hillsborough constituted the Western, and the districts of Halifax,
Edenton, Newbern and Wilminton, the Eastern Riding. From
1777 to 1790, three judges and an attorney general, regularly
constituted a superior court. From 1790 to 1806, two judges
and the attorney or solicitor general were assigned to hold the
courts on each riding. In 1806, (N. R. ch. 693,) the cir-
cuit court system was extended to the utmost limit, by the es-
tablishment of a superior court in each county in the State. To
accomplish this object it became necessary to create four solici-
torships and appoint two additional judges, and to clothe a single
judge with authority to hold a superior court of law and equity.
The State was divided into six circuits of ten counties each, the
attorney general was assigned to the third, the solicitor general to
the fourth, and a solicitor to each of the other circuits, and the
judges were required to attend in such a manner, that no judge
should be assigned to the same circuit twice in succession. In
1836, the sixth or western circuit was divided into two, the terms
which had hitherto been limited to a week were in several coun-
ties extended to two weeks, and it thus become necessary to create
another solicitorship, and to appoint a seventh superior court judge.

JUDGES OF THE SUPERIOR COURTS SINCE THE ADOPTION OF

THE CONSTITUTION.

[In the following list of judges and attorney generals, the term " elected" is used to
denote that the office was confered by the General Assembly. The term "appointed"
signifies that the office was originally conferred by the governor and council, in which
case, the commission expired at the close of the ensuing session of the legislature ; and
it will be found so mentioned, unless the appointee was continued in office under an
election by the General Assembly.]

(First period from 1777 to 1790, during which time three
judges constituted the judicial department of the government.)
John Williams, elected 1777, died October 1799.
Samuel Ashe, elected 1777, elected governor 1795.
Samuel Spencer, elected 1777, died 1794.

(Second period from 1790, when the fourth circuit was estab-
lished, to 1806, when the fifth and sixth circuits were established.)
Judge's salary in 1790, $1200.

Judges in 1790, John Williams, Samuel Ashe, Samuel
Spencer and Spruce Macay.

vol. ii. 67

529

530 JUDICIAL HISTORY OF NORTH CAROLINA.

Spruce Macay, elected 1790, died 1808.

John Haywood, elected 1794, resigned May 31st, 1800.

David Stone, elected 1795, resigned 1798.

Alfred Moore, elected 1798, appointed associate justice of the

supreme court of the United States, Dec. 10th, 1799.
John Louis Taylor, elected 1798, appointed judge of the

supreme court of North Carolina, 1818.
Samuel Johnston, appointed Feb. 10th, 1800, resigned Nov.

18th, 1803.
John Hall, elected 1800, appointed judge of the supreme court

of North Carolina, 1818.
Francis Locke, elected 1803, resigned Feb. 7th, 1814.

(Third period from 1806, when the fifth and sixth circuits were
established, to 1818, when the supreme court was established.)
Judge's salary in 1806, $1600.
Judges in 1806 — Spruce Macay, John Louis Taylor, John

Hall, Francis Locke, David Stone, Samuel Lowrie.
David Stone, elected 1806, elected governor 1808.
Samuel Lowrie, elected 1806, died December, 1817.
Blake Baker, appointed 1808, commission expired Decem-
ber, 1808.
Leonard Henderson, elected 1808, resigned January, 1816.
Joshua G. Wright, 1808, died June, 1811.
Henry Seawell, appointed July 5th, 1811, commission ex-
pired, 1811.
Edward Harris, elected 1811, died March 1813.
Henry Seawell, appointed April, 1813, resigned February,

1819.
Duncan Cameron, appointed February 25th, 1814, resigned

November, 1816.
Thomas Ruffin, elected 1816, resigned December, 1818.
Joseph J. Daniel, appointed March 2d, 1816, elected judge of

the supreme court of North Carolina, 1832.
Robert H. Burton, appointed March 5th, 1818, resigned at

close of the spring circuit, 1818.
Blake Baker, appointed August 11th, 1818, died at the close

of the fall circuit, 1818.

(Fourth period from 1818, when the supreme court was estab-
lished, to 1836, when the seventh circuit was created.) Salary in
1818, $1800.
Judges in 1818 — Henry Seawell, Joseph J. Daniel, John

Paxton, Frederic Nash, John D. Toomer, Archibald

D. MURPHEY.

John Paxton, elected 1818, died November, 1826.

John D. Toomer, elected 1818, resigned 1819.

Frederic Nash, " " " July, 1826.

Archibald D. Murphey, elected 1818, resigned 1820.

James Iredell, appointed March 10th, 1819, resigned May,

1819.
John R. Donnell, appointed July 5th, 1819, resigned 1836.

JUDICIAL HISTORY OF NORTH CAROLINA. S~

Willie P. Mangum, elected 1819, resigned 1820.

William Norwood, appointed August 17th, 1820, resigned

1836.
George E. Badger, elected 1820, resigned May, 1825.
Thomas Ruffin, appointed July 15th, 1825, resigned 1828.
Willie P. Mangum, appointed August 18th, 1826. commission

expired 1826.
Robert Strange, elected 1826, elected senator to congress

1836.
James Martin, elected 1826, resigned 1835.
Willie P. Mangum, elected 1828, elected senator to congress

1830.
David L. Swain, elected 1830, elected governor 1832.
Henry Seawell, elected 1832, died October, 1835.
Thomas Settle, elected 1832,

Romulus M. Saunders, " 1835,
John M.Dick, " 1835,

John L. Bailey, " 1836, [-Judges in 1837.

Frederic Nash, " 1836,

Richmond M. Pearson, " 1836,
John D. Toomer, " 1836,

Salary of the superior court judges in 1837, $1950.

THE SUPREME COURT.

The supreme court system of this State, had its origin in an
act passed in 1799 (N. R. p. 887,) "directing the judges
of the superior courts 'to meet together to settle questions of
law or equity arising on the circuit, and to provide for the trial of
persons concerned in certain frauds." The judges were required
to meet at Raleigh twice a year for these purposes, but it was not
contemplated that they should do so, after the trials of the indi-
viduals concerned with the secretary (J. Glasgow) in the famous
land frauds were terminated. In 1801 (N. R. p. 941) the act of
1799 was continued in forcefor three years and the meeting of the
judges was styled the court of conference. By the act of 1804,
(N. R. p. 1020) the court was made a permanent tribunal, the
judges were required to reduce their opinions to writing, and de-
liver them viva voce in open court. In 1805 (N. R. p. 1039) the
style of the court of conference was changed to that of the Su-
preme Court of North Carolina. In 1808 (N. R. p. 1137)
the clerk was directed to report the decisions of the court and in
1810 (idem, p. 1169) the judges were authorized to appoint one
of their number chief justice, and at the January term of the fol-
lowing year, John Louis Taylor was appointed to that office. In
1818 (N. R. p. 1433) the constitution of the court was
entirely changed. The judges of the superior courts were ex-
cused from attendance upon this tribunal, and restricted to the dis-
charge of circuit duties. Three judges were elected by the Gene-
ral Assembly, to constitute the supreme court, who were to hold
their offices during good behavior, and receive an annual salary of
twentyfive hundred dollars. They were required to meet twice a

531

532 JUDICIAL HISTORY OF NORTH CAROLINA.

year in the city of Raleigh, to determine questions of law arising
upon the circuits, and equity causes which had been set for hearing
in the courts below, and removed to this court by consent or on
affidavit, and to continue in session until every cause upon the docket
was disposed of; or regularly continued. The amended constitu-
tion adopted in 1835, recognizes the court as a permanent institu-
tion, and secures judicial independence by providing that the salary
of no judge of the superior or supreme courts, shall be diminished
during his continuance in office.

JUDGES OF THE SUPREME COURT.

John Louis Taylor, elected 1818, died January, 1829.
Leonard Henderson, " 1818, died August, 1833.
John Hall, elected 1818, resigned December, 1832.
John D. Toomer, appointed June, 1829, resigned December,

1829.
Thomas Ruffin, elected 1829.
Joseph J. Daniel, " 1832.
William Gaston, « 1833.

At the commencement of the first term of the court held on the
first Monday of January, 1819, John Louis Taylor was appointed
by his brethren chief justice. He was succeeded in this office at
the first term after his death (June term, 1829) by Leonard Hen-
derson, and at the first term after the demise of Judge Hender-
son (December term, 1833) Thomas Ruffin was appointed to the
same office.

SUPREME COURT JUDGES IN 1837.

Thomas Ruffin, Chief Justice.

Joseph J. Daniel,
William Gaston,

Judges.

ATTORNEY GENERALS.

Waightstill Avery, elected 1777, resigned 1779.

James Iredell, appointed November 20th, 1779, resigned.

Alfred Moore, " 1790.

John Haywood, elected 1791, appointed judge, 1794.

Blake Baker, " 1794, resigned 1803.

Henry Seawell, " 1803, " 1808.

Oliver Fitts, " 1808, appointed judge of Mississippi

territory 1810.

William Miller, appointed August 21st, 1810, commission
expired 1810.

Hutchins G. Burton, elected 1810, resigned November 21st,
1816.

William Drew, elected 1816, resigned November 21st, 1825.

James F. Taylor, " 1825, died June 27th, 1828.

Robert H. Jones, appointed July 31st, 1828, commission ex-
pired 1828.

Romulus M. Saunders, elected 1828, resigned 1S34.

John R. J. Daniel, elected 1834.

INDEX

VOLUME SECOND

ARTICLES OF CONFEDERATION.

Articles of confederation and perpetual union between the states of New Hampshire, Massachusetts
Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, 510.
ATTORNEY GENERAL-

A list of the attorney generals of North Carolina since the adoption of the constitution, 532.

BANKS.

" The President, Directors and Company of the Bank of Cape Fear," incorporated in 1804, 37.

Act authorizing the treasurer to subscribe for two hundred and fifty shares, passed in 1807, 41.

Amended charter passed in 1814, 42.

Amended charter passed in 1833, 47.

Charter further amended by an act passed in 1834, 54.

Charter still further amended by act of 1836, 54.
"Bank of the State of North Carolina," incorporated in 1833, 57.

Supplemental act passed in 1833, 65.

Charter amended by an act passed in 1334, 65.
" President and Directors of the Merchants' Bank of Newbern," incorporated in 1S34, 66.

Charter amended by an act passed in 1835, 72.
" South Western Rail Road Bank," incorporated in 1836, 73.
BANK OF CAPE FEAR.

Bank of Cape Fear — Original charter in 1804, 37.

Treasurer to subscribe for 250 shares, 41.

Their notes receivable in payment of public dues, 42.

Amended charter passed in 1814, 42.

Treasurer to subscribe for one thousand shares, 44.

One hundred and eighty of these shares to be a bonus to the State, 44.

Four hundred and ten shares to be paid for when the State thinks proper, 44.

Upon these four hundred and ten shares the State to be entitled to the excess of dividend above six

per centum per annum, 44.
Upon the other shares, full dividends, 44.
Amended charter passed in 1833, 47.

Corporation continued till 1855 with a capital of eight thousand shares, 47.
In meetings of the stockholders the State to be represented by a person appointed by the governor or

the legislature, 48.
"What vote he shall be entitled to, 48.
How the stockholders shall vote, 48.
How a general meeting of the stockholders maybe called, 48.

534 INDEX.

BANK OF CAPE FEAR, (Continued.)

Eleven directors to be appointed, four by the representative of the State, and seven by the stockhold-
ers, 48, 55.

President to be chosen by a majority of the directors, 43.

His salary to be fixed by the stockholders, 49.

President and directors to establish branches or agencies, 49, 55.

To appoint officers and regulate their duties and compensation, 49.

Cashier to give bond in twentyfive thousand dollars, 49.

Bank bound to loan the State, if required, one tenth of its capital at a rate of interest not exceeding
six per cent. 50-

Statement of the situation of the bank to be furnished the treasurer every six months, 50.

Tax to be paid annually of twentyfive cents on each share of stock owned by individuals, 50.

Stock of the bank transferable, 50.

Bills, bonds and notes signed by the president and countersigned by the cashier to be binding on the
corporation, 50.

Their notes if not paid when presented, to bear twelve per cent, interest, 50.

No note to be issued under three dollars, 50.

What real estate the corporation may hold, 50.

In what it shall trade, 5 1 .

Not to take on its loans more than at the rate of half per centum for thirty days, 51.

No note to be discounted, unless made payable and negotiable at the bank or its branches, 51.

Fraud of any director or officer deemed felony, 5 1 .

Cashier to keep minutes of the proceedings of the board of directors, which shall be evidence in
courts, 51.

The bank not to issue more than twice the amount of its capital stock actually paid in specie or its
equivalent, 52.

The president to furnish the legislature annually with a statement of the condition of the bank, 53.

Penalty on the president or other officers for making false returns of the state of the bank, 53.

Payments on loans upon pledge of stock to be the same as on loans on personal security, 53.

Stockholders residing in any one of the United States entitled to vote, 54.

Bank to receive the public money in deposit, 54.

Charter extended to the year 1860, 54.

An addition of seven thousand shares to the capital stock, 54.

The State to subscribe three, and individuals four, thousand shares, 54.

The corporation may hold property not exceeding three millions of dollars, exclusive of their capital
stock, 55.

In meetings of stockholders the representative of the State entitled to three votes for every six given
by individual stockholder 55.

Three directors with the president to form a quorum, 55.

The bank not to owe more than twice the amount of its capital, over and above its capital stock and
deposits, 56.

Capital stock may be reduced by consent of General Assembly, 56.

Bank may deal in any public debt, created by this State, 56.
BANK OF THE STATE OF NORTH CAROLINA.

Capital stock one million five hundred thousand dollars in shares of one hundred dollars, 57.

Stockholders incorporated, 57.

State to subscribe three hundred thousand and individuals nine hundred thousand dollars, 57.

How the directors shall be appointed, 59, 65.

Public treasurer to be a director ex officio, 60.

President to be chosen by the directors and his salary fixed by the stockholders, 60.

Branches and agencies to be established by the stockholders, 60.

Their capitals to be assigned, and five directors for each branch and one agent for each agency, to be
appointed by the principal directors, 60.

Dividends to be made semiannually, 60.

Annual statements of the condition of the bank to be made to the treasurer to be laid before the Gen-
eral Assembly, CO.

Tax of twentyfive cents on each share owned by individuals, 61.

President and other officers liable to indictment and punishment lor making false returns, 61.

Committee of the legislature may inspect their books, 61.

INDEX. 535

BANK OF THE STATE OF NORTH CAROLINA, {Continued.)

Stockholders, who are citizens of the United States entitled to vote, in person or by proxy, 01.

How the stockholders shall vote, 61.

To what vote the State shall he entitled and how it shall be given, 62.

None but a stockholder eligible as a director, 62.

Emoluments to be allowed only by the stockholders or directors of the principal bank, 62.

Majority of the directors with the president to constitute a board, 62.

How a meeting of stockholders may be called, 62.

Cashiers and agents to give bonds, 62.

Punishment for embezzlement or fraud, 62.

What real estate the bank may hold, 62.

How their bills, &c. shall be assignable, 63.

Their bills and notes, signed by the president and countersigned by the cashier of the principal bank,
to be binding on the corporation, 63.

In what the bank may deal, 63, 65.

Not to take more than six per centum per annum on its loans or discounts, which may be received in
advance, 63.

Process in case of violation of its charter, 63.

Notes of the bank refused to be paid when presented, to bear twelve per cent, interest, 63.

Penalty for forging and counterfeiting, &c. their notes, &c, 64.

No note to be issued under three dollars, 64.

The bank not to have in circulation more than twice the amount of its capital, 64.

Cashier to keep minutes of the proceedings of the directors, which shall be evidence in courts, 64.

Cashier to take an oath, 64.

The bank shall receive public money in deposit, 65.
BEACON — See Cessions to the United States.
BILL OF RIGHTS.

Bill of Rights passed in the first year of the reign of William and Mary, 505.
BOUNDARY OF THE STATE.

With Virginia, 82.

With South Carolina, 82, 83, 84, 85, 86, 87, 88, 89, 90.

With Georgia, 90, 91, 92, 93, 97.

With Tennessee, 93, 94, 95, 96, 97.
BOUNDARIES OF COUNTIES.

Anson, 97.

Ashe, 98, 99.

Beaufort, 99, 100, 101, 102.

Bertie, 102.

Bladen, 103, 104, 105.

Brunswick, 106, 107.

Buncombe, 107, 103.

Burke, 108,109-

Cabarrus, 110, 111.

Camden, 111, 112.

Carteret, 112.

Caswell, 113.

Chatham, 113.

Chowan, 114.

Columbus, 115, 116.

Craven, 117.

Cumberland, 118, 119.

Currituck, 119.

Davidson, 119, 120.

Davie, 120.

DupliD, 121,122, 123.

Edgcomb, 124, 125, 126.

Franklin, 127, 128.

Gates, 129.

Granville, 130.

536 INDEX.

BOUNDARIES OF COUNTIES, (Continued.)

Greene, 130, 131, 132, 133.

Guilford, 133.

Halifax, 133.

Haywood, 134.

Hertford, 135.

Hyde, 136.

Iredell, 137.

Johnston, 138, 139.

Jones, 139, 140.

Lenoir, 141, 142.

Lincoln, 142, 143, 144.

Macon, 144.

Martin, 145, 146.

Mecklenburg, 146, 147.

Montgomery, 147, 148.

Moore, 14S, 149.

Nash, 149.

New Hanover, 150, 15!.

Northampton, 151.

Onslow, 152.

Orange, 152, 153.

Pasquotank, 154.

Perquimons, 154.

Person, 154.

Pitt, 155.

Randolph, 156.

Richmond, 156.

Robeson, 157.

Rockingham, 158.

Rowan, 15^.

Rutherford, 159, 160.

Sampson, 161.

Stokes, 162.

Surry, 162, 163, 164.

Tyrrel, 164.

Wake, 165.

Warren, 166.

Washington, 167.

Wayne, 168.

Wilkes, 169, 170.

Yancey, 170, 171.
BUNCOMBE TURNPIKE COMPANY.

Books to be opened for subscriptions, 418.

When a certain amount is subscribed, a general meeeting of the subscribers to be held, 418.

Company incorporated ; its name and style, 418, 419.

President and directors to be elected, 419.

Stockholders may vote by proxy, 419.

Provision in case more or less than a certain amount be subscribed, 419.

Of what amount the shares shall be, 419.

Public treasurer to subscribe for the State, 419.

How the instalments shall be paid, 419.

Stock may be sold in default of payment, &c, 419.

President and directors may make contracts for constructing and improving the road, 419, 420.

President and directors may appoint a treasurer, clerk, &.C., 420.

How a general meeting shall be constituted, 420.

President and directors to be elected annually, 420.

President and directors to make annual reports, 420.

Dividends to be declared, 420.

INDEX.

537

BUNCOMBE TURNPIKE COMPANY, (Continued.)
How the votes shall be counted on the shares, &c, 420, 421.
Profits vested in the stockholders for a certain time, 421.
Rates of toll allowed to be taken by the company, 421.
What shall be the width and inclinations of the road, 421.
Road to be a public highway, 422.
Lands may be purchased by the company, through which to build the road — In case of disagreement

with the owners, how the lands shall be obtained, 422.
Lands may also be procured for building toll houses, &c, 422.
Stock may be assigned, 422, 423.
Hands liable to work on this road, 423.

When ten miles of the road are completed, tolls may be collected, 423.
Full toll not to be taken for passing over a certain part of the road, 423.
Charter may be repealed, if its object be not attained, 423.

Officers of the company may be called to account by the General Assembly, 423, 424.
Charter amended in certain particulars, 424.
Company to elect a president and director, who together with the director appointed by the public

treasurer shall manage the concerns of the corporation, 424.
President and directors to continue in office if a majority of the stockholders be not represented in any

general meeting, &c, 424.
Company may alter and improve the direction of their road, 424.

CAPE FEAR NAVIGATION COMPANY.

Books of subscription to be opened, 263, 264.

When half the capital shall be subscribed, the company shall be declared to be incorporated, and
may elect a president, &c, 264.

The president and directors to contract for opening the navigation, &c, may appoint officers, &c.,265.

Payments for shares of stock, when and how to be made, &c, 265.

President and directors, how to be continued, &c, 265.

President and directors to take oaths, 266.

General meetings, when and where to be held, 266-.

Property vested in company, &c, 206,267.

Rates of toll, &c, 266, 267.

Manner of obtaining lands, &c. for buildings, 267.

Manner of transferring shares, 267.

Time granted for finishing the work, 268.

Company may hold, &c. real estate, 268.

In suits for anything done under this act, it may be given in evidence under the general issue, 268.

Act amending the charter passed in 1797, 268.

Annual meetings, where to be held, 268.

Power of company to remove obstructions, &c, 268.

Company to close the books of subscription at their discretion, 268.

Additional act amending the charter passed in 1815, 268.

Rights and privileges of the company to be the same with those of the Roanoke Navigation Com-
pany, 268, 269.

To extend from the source to the mouth of the river, 269.

Power of the board to improve the navigation, 269.

General meetings to be held in Fayetteville, 269.

Books to be opened for an increase of stock, &c, 269.

Regulations for opening the books and taking subscriptions, &c, 269.

Condition upon which this act is to take effect, 270.

Books to be deemed evidence of the sales of shares, 270.

Tolls may be altered, &c, 270.

Treasurer of the State authorized to borrow of the banks, &c, 270.

Banks, &c. authorized to subscribe, 270.

Capital may be enlarged, 270.

Toll bridges maybe built, &c, 270.

When there shall be an excess of shares, how they shall be stricken off, 271.

State to appoint a director when she holds shares, 271.

Former company to make known their acceptance of this act amending their charter, 271.

vol. ii. 68

538 INDEX.

CAPE FEAR NAVIGATION COMPANY, (Continued.)
Style of corporation under amended charter, 271.

Act amending the amended charter in certain particulars, passed in 1821, 271.
Fourth section repealed as respects the Cape Fear Navigation Company, 272.
President, &c. may repeat their eall upon stockholders who have failed to pay, &c, 272.
Additional act concerning the company, passed hi 1823, 272.
Board of internal improvements authorized upon certain conditions to subscribe twentyfive thousand

dollars in behalf of the State to the capital stock, 272, 273.
Act amending the several acts relating to the company passed in 1832, 273.
Boats, &c. seized by any collector for toll, may be replevied by the owner, &c.,273, 274.
Collector to have the authority of a sheriff in executing a writ, 274.
Masters, &c. of vessels to render a true list of all articles on board liable to toll, under the penalty of

five hundred dollars, 274.
Persons resisting the collector in the performance of his duty liable to indictment, 274, 275.
CESSIONS TO THE UNITED STATES.
Tennessee, 171.

Light-houses at Ocracock and Cape island, 174, 184.
Fort at Smithville, 175, 178, 180, 181.
Fort at Beacon island, 175, 182.
Light-house at Cape Hatteras, 175, 177, 187.
Light-house at Shell Castle, 176.
Purchases by the United States, from individuals, for the purpose of forts, ceded to the United States,

178.
Light-house at Cape Lookout, 179.
Fort at Old Topsail inlet, 180, 185.
How the United States are to obtain sites for forts and light-houses when the owners are unknown or

refuse to sell, 181, 183.
Beacon at Federal point, 183.
Fort at Oak island, 184.
Light-house on Neuse river, 186.
Light-house on Roanoke marshes, 187.
Light-house on Pamplico point," 187.
CHARTERS.
Second Charter from Charles the Second to the Lords Proprietors, dated in 1667, 1.
First Charter from Charles the Second to the Lords Proprietors, dated in 1663, 437.
CHEROKEE LANDS.
Lands reserved to the Cherokee Indians, 188.
Penalty for entering, &c. Cherokee lands, 188.
Such entries and grants thereupon void, 188.
All purchases of said lands void, 188.
Penalty on persons purchasing, &c. the same, 189.
No person to hunt, range or drive stock on their lands — Penalty, 189.

Commissioners appointed to survey the lands acquired from the Cherokees in 1817 and 1819, 189.
Duty of the commissioners and surveyors by them appointed, 189.
Three plats to be made— one for governor's office, one for the secretary's, and one for office of clerk

of Haywood county court, 190.
Site for public buildings to be selected and reserved, 190.
No land to be surveyed that will not sell for fifty cents an acre, 190.
No part of the land subject to entry, 190.
Directions as to sale, 190, 191.
When grants to be issued, 191.
Bonds to be filed with the treasurer, 191.
Returns to be made by commissioners to the comptroller, 191.
Occupants may be ejected by the purchasers, 192.
Provisions for the sale of the lands unsold in 1820, 192, 193.
Penalty on white men for buying, &c. lands reserved to the Cherokees by the treaties of 1817 and

1819, 193.
White men may extinguish Indians' titles to land sold by the State, and penalties remitted, 193.
Directions for selling the lands acquired from the Cherokees, remaining unsold, 194.

INDEX.

539

CHEROKEE LANDS, (Continued.)
Commissioners to ascertain what lands are in dispute between Indians and persons claiming under

this State, 194.
To locate a site for a town to be called Franklin, 195.

Directions for selling the lands acquired from the Cherokees, yet unsold, 195.
Commissioners appointed to contract with the Cherokees for the purchase of their reservations under

the treaties of 1817 and 1319, 196. v/gr '

Duty of commissioners, 196.

Duty of governor in regard to suits brought on Indian titles adjudged to be invalid, 196.
Provisions for the relief of purchasers of the Cherokee lands sold by the State, 197.
Provisions for ratifying and carrying into effect the contracts made with Cherokees for the purchase of

their reservations, 198, 199.
Further provisions for the relief of purchasers of Cherokee lands sold by the State, 200.
Further provisions for the same object, 200.
Further provisions for the same object, 201.
Directions for selling the lands yet unsold acquired from the Cherokees by treaties of 1817 and 1819,

201, 202, 203.
When the governor suspects the validity of a title set up by an Indian, he is to employ counsel in he-
half of the purchaser from the State, 203.
Further provision for the relief of purchasers, 204.

Provision for purchasers who may have lost their receipts for purchase money paid, 204.
Further provision for the relief of purchasers, 205.
Certificate of public treasurer of payment by purchaser to be received as evidence by the secretary of

state, 205.
Public treasurer to deliver to comptroller a statement of the bonds given for Cherokee lands, 206.
Comptroller to raise an account against the treasurer for the same, and also against the individual

obligors, 206.
Further provisions for the relief of purchasers, 206.
Where a purchaser has lost his certificate of payment, secretary may issue a grant on his affidavit,

207.
Provided the affidavit agrees with the books of the office and the treasurer's certificate is produced,

208.
Directions for[the sale of the remaining lands acquired by treaty from the Cherokees, 208.
Governor to convey certain lands to the justices of Haywood county court at certain prices, 209.
How bonds payable, 209.
Justices to dispose of said lands, 209.

Directions for surveying and selling lands lately acquired from the Cherokees, 209.
Commissioners to select and reserve a site for public buildings, 210.
Maps of survey to be deposited in the governor's and secretary's offices, and in the office of the clerk of

Macon county court, 211.
Bonds to be deposited with the treasurer, 212.

One receipt for the bonds to be filed with the comptroller, who shall raise accounts on them, 212.
Purchaser may bring action of ejectment in the name of the State, 213.
That section of country to be part of Macon county, till laid off into a separate county, 21 3.
The county site for the county to be erected, to be called Murphey, 214.
CONSTITUTION— See Fundamental Constitutions of Carolina.
COUNTIES— See Boundaries of Counties.

DISMAL SWAMP CANAL COMPANY.

Dismal Swamp Canal Company incorporated in 1790, 217.

Books to be opened for taking subscriptions, &c. 217.

Meeting of subscribers and proceedings thereon, 217.

Name of the corporation— To choose a president, &c, 213.

Powers granted to president, &c, 219.

Subscription money, how to be paid in, 219.

Succession of president, &c. kept up, 220.

President and directors to take oaths, 220.

Number of shares to be represented to constitute a general meeting— Proceedings at such meeting,220.

Canals, &c. vested in proprietors, and not to be taxed, 221.

540

INDEX.

DISMAL SWAMP CANAL COMPANY, {Continued.)
Rates of toil — Toll may be lessened, &c, 221.
Canal, &c. to be deemed public highways, &c, 221.
Manner of obtaining lands necessary for the canal, &c, 221, 222.
Land for buildings, how to be obtained, 222.

Waters of the lake in Dismal Swamp vested in the proprietors, &c, 223.
Regulations respecting water works, &c, 223.
Cross ditches, &c. to drain sunken lauds, how to be opened, 223.
Transfers of shares how to be made, 223, 224.
Contributions may be recovered, &c, 224.
Capital may be increased, &c, 224.
Conditions on which the tolls are granted, 225.
Time limited for beginning and completing the canal, &e., 225.
Compact between the commissioners of North Carolina and Virginia, 225.
Compact ratified, 226, 227.

Charter of Dismal Swamp Canal Company amended in 1792, 227.
Width of canal and locks, 227.
Act of Virginia confirmed, 227.

The Virginia act of amendment passed in 1790, as confirmed by the act of this State, 228.
Time of the general annual meeting altered by an act passed in 1797, 229.
Additional aat concerning the company, 229.
Five years more given to complete their work, 229.
One road on the bank of the canal sufficient, 229.

Tolls may be demanded for the use of their causeways or water before the works are finished, 229.
Act passed in 1825, authorizing an increase of their stock, 230.
Stockholders to have preference in the subscription of new stock, 230.
This act to be in foree when sanctioned by the stockholders, 230.

Act passed in 1825 giving the assent of the General Assembly of the State of North Carolina to an

act of the General Assembly of Virginia authorizing the Dismal Swamp Canal Company to open

a navigable communication between their'canal and the nearest navigable part of the Northwest

river, passed in 1818, 230, 233.

Company authorized to clear out the Northwest river, or connect it by a canal with the Dismal

Swamp canal, 231.
Contemplated canal vested in the company, who are authorized to receive tolls, 232.
Company authorized to construct additional outlets, basins and reservoirs, 232.
Company empowered to prescribe the number, location, &c. of bridges, &c. across the canal, and to

make bylaws, 232.
If the company fail to commence said work, in two years, subscriptions to be opened at Norfolk for

that purpose, 232.
When said subscription is completed, the company to be organized under the title of the Northwest

River Company, 233.
Shares, on which subscriptions have not been paid, to be sold at auction, 233.
What tolls the Northwest River Company may take, 233.
The concerns of said company to be conducted agreeably to the charter of tho Dismal Swamp Canal

Company, 233.
Act providing for the removal of the obstructions to the passage of masted vessels from the Dismal

Swamp canal to Albemarle sound, 234.
Commissioners appointed to have a draw fixed in the bridge across Pasquotank river at the expense

of the State, 234.
Counties to keep a draw in said bridge, 234.

If commissioners fail to have a draw fixed, the bridge to be removed, 235.
Bridge, if not kept in repair, to be removed, 235.

Governor to transmit copies of the act to the president of the Dismal Swamp Canal Company, 235.
Act amending the charter of the said company passed in 1835, 235.
If the president or one of the directors dies, removes or resigns, &c. the board of directors to supply

the vacancy, 235.
General meetings of the stockholders to be in November in each year, 235, 236.

INDEX. 541

FAYETTEVILLE AND WESTERN RAIL ROAD COMPANY.

Company incorporated under the name of " The Cape Fear, Yadkin and Pedee Rail Road Com-
pany," 348.

Rail road to be constructed from Fayetteville to certain points in the west, &c, 349.

Amount of capital stock — Company to choose ten directors who shall appoint a president, &c, 349.

Powers of the president and directors, 349.

Stock may be sold for default in payment, 350.

Company may make bylaws, &c, 350.

Rates of toil allowed to be taken for transportation, 350.

Directors may erect toll gates, warehouses, &c, 350.

Must report to the legislature — Their books to be open for the inspection of any committee of the
legislature, &c, 351.

How lands may be taken and condemned for the use of the road, &c, 351:

How lands of femes covert, infants, &c. may be obtained, 351, 352.

Penalty and punishment for obstructing, injuring or destroying said road,'&c, 352.

When general meeting of the stockholders shall be held — How the votes shall be counted, &c.,352.

How public or private ways shall be crossed, 352.

State may subscribe for two fifths of the stock, and be represented, &c, 352, 353.

Persons incorporated to call the first general meeting, giviDg ten days' notice, &c, 353.

Board to be organized, and books opened for subscriptions, &c, 363.

Capital stock may be increased for certain purposes, 353.

To what points the company may extend the main or any lateral roads, 353.

President and directors to prescribe the form of certificates of stock, and the manner in which it may
be assigned, 353, 354.
. Dividends to be declared, when road is completed, &c, 354.

Company may construct bridges, &e. and may charge toll when used by others, 354.

Company may receive donations, borrow money, &c, 354.

Stockholders may regulate the salaries of the officers, 354.

General meetings of the stockholders, how to be called, 354.

Time within which the road shall be commenced and finished, 354.

General Assembly may authorize the construction of any other road to intersect or be connected with
this road, 354.

The directory of the company to regulate the rates of toll, not exceeding certain amounts, &c, 355.

Appeal from a justice's judgment allowed, &c, 355.

Name and style of the company changed to that of the Fayetteville and Western Rail Road Com-
pany, 356.

Route of road changed in certain particulars, 356.

Capital stock of the company increased, 356.

Rates of toll to be lessened in a certain event, 356.

Company may, if approved of by two thirds of the stockholders, improve the navigation of the
Yadkin, and possess all necessary rights and privileges for so doing, &c, 356.

Company to keep a record of their proceedings, &c, 357.

Time within which a portion of the road must be completed, 357.

How long the corporation shall exist, 357.

Produce, &c, to be transported in the order of time in which it was received, 357.

Property of the company to be deemed personal estate, and not to be taxed, &c, 357.

Company to give a preference to produce, &c. brought by the North Carolina Central rail road, if
said road be constructed to Fayetteville, &c, 357.
FORTS— See Cessions to the United States.
FUNDAMENTAL CONSTITUTIONS OF CAROLINA.

Form of government for the Province of Carolina drawn up by John Locke, in 1669, 449.

GEORGIA— See Boundary of the State.
GOVERNOR.

A list of the Governors of North Carolina under the proprietary, regal and present government, 522.
GRANTS.

Great Deed of Grant from the Lords Proprietors, 13.

Grant to Earl Granville, 15.

542

INDEX.

GREENSVILLE AND ROANOKE RAIL ROAD COMPANY.

Act incorporating said company, passed in 1833, 290.

Books to be opened for subscriptions, &c, 290, 291.

Style of the corporation, 291.

Subscriptions how and when to be paid, 291.

General meeting to be called— what necessary to constitute such general meeting, 291.

President and directors to be elected, &c, 291, 292.

Powers and duties of the president and directors, 292.

President, &c. may contract for building road, &c., 292.

If stock shall not be paid for, it may be sold, &c, 292.

How land may be taken and condemned for the use of the company, 293.

How wood, gravel, &c. may be taken for the use of the company, 293, 294.

Company may purchase land for depots, 294.

How roads or ways may be crossed, &c, 294.

Company may purchase all machines, &c. necessary for transportation on their road, 294.

Machines, &c. purchased by said company shall be vested in the stockholders, 294.

Company, as soon as ten miles of the road shall be completed, shall transport all produce, &c, 294, 295.

Rates of toll for transporting produce, &c. and passengers, 295.

Company may receive donations and borrow money, 295, 296.

Company may construct all necessary bridges, &c, 296.

Company may erect scales at their toll gates, &c, 296.

Annual meeting of the stockholders to be held, at which a majority of the shares must be repre-
sented, 296.

How the votes shall be counted, &c , 296.

President and directors to render annual accounts, &c, 296.

Semiannual dividends of profits to be declared, 296.

Penalty for failing to transport produce, &c, 297.

Penalty for taking illegal tolls, 297.

Time within which the work must be begun and finished, 297.

Certificates of shares to be given to the stockholders, which may be assigned, &c, 297.

How land may be condemned for sites for toll houses, &c, 297, 298.

How long the corporation shall exist, 298.

The State may charter other roads to connect with this, &c, 298.

Compensation shall be allowed to the officers, &c. of the company, 298.

Roanoke Navigation Company may receive the same tolls for articles transported down the river to
Wilkins' ferry, as if carried to Weldon, 298.

HALIFAX AND WELDON RAIL ROAD COMPANY.

Books to be opened for subscriptions, &c, 325.

How many shares subscribed to authorize the incorporation — Name and style of the company, 325.

How the instalments shall be paid, 326.

Commissioners receiving subscriptions to pay over to the president and directors, &c., 326.

Notice to be given when a certain amount of stock is taken— General meeting to be called, 326.

President and directors to be elected, &c, 326.

Annual meetings of the stockholders to beheld, 326.

Powers of the president and directors, 326, 327.

Stock may be sold for a default in payment, 327.

Company may enter upon lands, &c. — How such lands shall be condemned for the use of the

road, 327, 323.
Duty of the freeholders appointed to value lands taken by the company, 328.
Freeholders to make a report to court, &c, 328, 329.
Company may enter upon lands before they are condemned, &c, 329, 330.

If company do not proceed to have land condemned and damages assessed, proprietors may, 330.
Company may enter upon any adjacent lands to take wood, stone, earth, &c. — How damages for the

same to be assessed, &c, 330, 331.
How common roads and ways may be crossed, &c, 331.
Company may purchase machines, &c. for their road, 331.

All such machines, &c. and the works of the company to belong to the stockholders, 331.
Rates of toll to be taken by the company, 331 .

INDEX.

543

HALIFAX AND WELDON RAIL ROAD COMPANY. (Continued.)

Company may also charge for storage, &C, 331 .

Rates of toll to be lessened under certain circumstances, 332.

Where toll gates may be erected, 332.

How the votes shall be counted upon the shares, 332.

Majority of the stock to be represented at meetings of the stockholders, 332.

President and directors to render accounts to the annual meeting of the stockholders, 332.

Dividends to be declared when the road is completed, 332.

Penalty for taking unlawful toll, 332.

Time within which the road must be commenced and completed, 332.

Certificates of stock to be given to the stockholders, 333.

Such certificates may be assigned, how, 333.

Lands may be purchased for depots, &c, 333.

Penalty for injuring or destroying any of the works of the company, 333.

Punishment for placing obstructions on the rail road, 333.

Charter of the company subject to be altered, &c. by any future legislature, except in certain par-
ticulars, 333.

No other company, or person to use the road without the permission of this company, &c, 333, 334.

Stock of the company to be increased, 334.

Additional stock to be put upon the same footing with the original stock, 334.

Company authorized to subscribe their stock to the Wilmington and Raleigh Rail Road Company, 334.

Upon such subscription, all the property of this company shall vest in, and be owned by, the Wil-
mington and Raleigh Rail Road Company, 335.

Upon such subscription being made, this incorporation to cease, &c, 335.

How the assent of the two companies to such subscription shall be evidenced, &c, 335.
HISTORY.

A short notice of the early history of North Carolina. 522.
A sketch of the judicial history of North Carolina, 527.
JUDGES.

A list of the judges of North Carolina since the adoption of the constitution, 523.

LIGHT-HOUSES— See Cessions to the United States.

LOCKE'S CONSTITUTION— See Fundamental Constitutions of Carolina.
LORDS PROPRIETORS OF CAROLINA.
First charter granted to the lords proprietors by king Charles the Second, 437.
Second charter granted to the lords proprietors by king Charles the Second, 1.

Seven of them surrender their title and interest in the province of Carolina to king George the
Second, 466.
LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD COMPANY.
Company authorized to be formed under the name of the Cincinnati and Charleston Rail Road Com-
pany, 394.
Books to be opened for subscriptions, 394.

Commissioners to receive five dollars on each share subscribed at the time of subscription, 395.
Money received on subscriptions to be deposited in bank, 395.
Central commission appointed — To meet at Knoxville, in Tennessee, 395.
Said commissioners to ascertain the amount subscribed, and publish the same — If a certain amount be

subscribed, &c. the company to be incorporated, 395.
Central commission to fill vacancies in their body, 395.
Provision incase the requisite amount be not subscribed, 395, 396.
If more than a proper amount be subscribed, a reduction to be made, 396.
If enough be not eventually subscribed, money paid to be returned, 396.
Powers and rights of the corporation, 396.
General board of directors to be elected, 396.
President to be elected by the directors, 396.
General meeting of the stockholders to be called, 39G, 397.

Board of directors may fill vacancies in their body, and appoint a president pro tempore, 397.
General board of directors may establish local boards, 397.

President and secretary of the general or any of the local boards may authorize contracts without
seal, &c, 397.

544 INDEX.

LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD COMPANY. {Continued.)

Contracts to be made by the board not to exceed the amount of the capital of the company, &c. 397.

Company to construct a rail road on a route, to be determined by the directors, subject to the control
of the stockholders, 397, 398.

No other rail road within a certain distance, to be authorized in a certain time, 398.

Company may construct branches to their road, 398.

Company to have the exclusive right of transportation on their road — Rates of toll not to exceed a
certain amount, 398.

Company to be deemed a common carrier, 398.

How instalments shall be called for and paid, 398.

Stock may be transferred, 398, 399.

Company may increase its capital if necessary, 399.

Company may make temporary investments in the public stocks of certain states, 399.

Board of directors to make annual reports to the meetings of the stockholders, 399.

How meetings of the stockholders may be called, &c, 399.

Who may be president or a director, 399.

Stockholders may prescribe how their meetings shall be constituted, 399.

No director or officer of the company to be interested in any contract, nor shall any director vote in any
matter in which he has a personal interest, 399.

No director or officer to purchase lands, &c. on the line of the road, without offering the right of pre-
emption to the board, 399, 400.

How stockholders may vote, 400.

How the votes shall be counted on the shares, 400.

Company may purchase and hold lands, &c. necessary for the road, 400, 401.

Company may conduct their rail road across or along any public road or water course, 401.

Company may purchase bridges and turnpike roads, with all rights belonging to them, &c, 401 .

How lands may be taken for the road— valuation to be made, and upon its payment, a title to vest in
the company, 401, 402.

Company not to be delayed in their work by the pendency of proceedings to have lands condemned,
&c. 402.

Land, occupied by the road, to be deemed vested in the company, unless owner applies to have dam-
ages assessed within five years, &c, 402.

Vacant land, occupied by the road, to vest in the company, 402.

Penalty for intruding on the road, 402, 403.

Such intrusion to be also an indictable offence, 403.

Punishment and penalty for injuring or destroying any part of the road or works of the company, 403.

Punishment for obstructing the passage of the road, 403.

Company may take produce, &c. on storage, and charge therefor, 403.

Dividends to be made of profits, 403.

Capital stock, property, &c. of the company, not to be taxed, 403.

Certain officers of the company excused from jury and ordinary militia duty, 403 404.

Company prohibited from banking, 404.

Powers and privileges of the company restricted to those expressed in their charter 404.

When the act of incorporation shall take effect, 404.

Act of incorporation to be deemed a public act, 404.

Charter amended in certain particulars, 404.

How the directors shall be chosen, 404.

Company discharged from the obligation to construct a branch road in Kentucky, 404.

Amount subscribed in any state to be applied to building the road within that state, when required by
an unanimous vote of the directors residing there, 405.

If the state of Kentucky should not agree to the amended charter, the company to be incorporated in
North Carolina, South Carolina and Tennessee, 405.

Where the road shall pass in North Carolina, 405.

This road may be joined by any road authorized by the State of North Carolina, 405.

Name and style of the company changed to that of the Louisville, Cincinnati and Charleston Rail
Road Company, 73.

INDEX. <**5

MAGNA CARTA.

Magna Carta of king John, 480.
Magna Carta of king Edward the First, 493.
MANUFACTURES OF SILK AND SUGAR.

When and how corporations may be formed for these manufactures, 215.
Corporate privileges, 215.

Organization of companies to be made known by proclamation of governor, 215.
Limitation of capital, 215.
Payment of stock, 215.

General meetings and election of officers, 216.
Companies may make contracts, &e., 216.
Corporations to keep a record of their proceedings, 216.
Secretary and treasurer to give bonds, 216.
Officers may be removed, 216.
MERCHANTS' BANK OF NEWBERN.

Capital stock, three hundred thousand dollars in shares of one hundred dollars, 66.

How subscribed and paid for, 66, 67.

Subscribers incorporated, 67.

Nine directors to be chosen by the stockholders, 67, 72.

Annual meetings of stockholders, 68.

A majority of stockholders required at all meetings, 68.

How they shall vote, 68.

None but a stockholder and citizen of the State to be a director, 68.

President to be chosen by the directors, 68.

Compensation may be granted to the president or directors by the stockholders, 68.

Five directors, including the president, to be a board, 68.

How meetings of the stockholders may be called, 68.

Cashier and other officers to be appointed by the directors, and to give bond, 68.

Cashier to keep minutes of the proceedings of the directors, which shall be evidence in courts, 68,69.

Cashier to take an oath, 69.

What real estate the bank may hold, 69.

In what the bank may trade, 69.

Not to take more than six per centum per annum for its loans or discounts, which may be received in

advance, 69.
Not to owe more than twice the amount of its capital and the amount of its deposits, 69.
Penalty on directors for excess, 69.

Vacancies in the directory filled by the other directors, 69.

Statement of the condition of the bank to be furnished the public treasurer semiannually, 69.
How their bills and notes shall be assignable, 70.

Bills and notes, signed by the president and countersigned by the cashier, binding on the corpo-
ration, 70.
No note to be issued under five dollars, 70.

Notes of the bank, if not paid on demand, to bear twelve per cent, interest, 70.
Directors issuing more than twice the amount of capital stock, liable individually, 70.
If the bank becomes insolvent, stockholders liable individually to creditors in double the amount of

their stock, 70.
Penalty on officers for embezzlement or fraud, 70.
Penalty for forging or counterfeiting, &c. the notes, &c. , 71 .
Tax of twentyfive cents on each share of stock, 71.
Semiannual dividends to be declared, 71.
Directors liable for dividing more than the profits, 71.

Statement of the condition of the bank to be reported annually to the General Assembly, 71.
Penalty on officers for making false returns, 71.
Proceedings in case of violation of the charter, 72.

NAVIGATION COMPANIES.

Dismal Swamp Canal Company incorporated in 1790, 217.
Charter of said company amended by an act passed in 1792, 227,

vol. ii. 69

546

INDEX.

NAVIGATION COMPANIES, {Continued.)
Act of the Virginia legislature in aid of the said company passed in 1790, and confirmed by the act of

this State passed in 1792, 228.
Act altering the time of the general meeting of said company, passed in 1797, 229.
Act extending the time within which said company must finish its works, and amending its charter in

other particulars, passed in 1799, 229.
Act authorizing an increase of the stock of said company, passed in 1825, 230.
Act giving the assent of this State to an act of the General Assembly of Virginia, passed in 1818,

authorizing the Dismal Swamp Canal Company to open a navigable communication between the

canal and the nearest navigable part of Northwest river, passed in 1825, 230.
Act providing for the removal of the obstruction to the passage of masted vessels from the Dismal

Swamp Canal to Albemarle Sound, passed in 1828,234.
Act amending the charter of said company, passed in 1835, 235.
. Roanoke Navigation Company incorporated in 1812, 236.

Charter of the Roanoke Navigation Company amended by an act passed in 1815, 244.

Act declaring valid the proceedings of the stockholders of said company, and amending its charter,

passed in 1816, 249.
Act giving the assent of this State to an act of the Virginia legislature, concerning the navigation of

the Roanoke river, passed in 1817, 252.
Act altering the time of the general meeting of the Roanoke Navigation Company, passed in

1819, 262.
Act authorizing the Board of Internal Improvements to subscribe twentyfive thousand dollars to the

capital stock of said company, passed in 1823, 262.
Act amending the several acts of assembly, incorporating the Roanoke and Cape Fear Navigation

Companies, and prescribing the mode for enforcing the collection of tolls, passed in 1832, 273.
Cape Fear Navigation Company, incorporated in 1796, under the name of the Deep and Haw River

Company, 262.
Act to amend the charter of said company, in certain particulars, passed in 1797, 263.
Act amending the charter of said company, and altering its name to that of Cape Fear Navigation

Company, passed in 1815, 268.
Act further amending the charter of said company, passed in 1821,271.
Act authorizing the Board for Internal Improvements to subscribe twentyfive thousand dollars to the

capital stock of said company, passed in 1823, 272.
Act amending the several acts of assembly incorporating the Roanoke and Cape Fear Navigation

Companies, and prescribing the mode for enforcing the collection of tolls, passed in 1832, 273.
NORFOLK AND EDENTON RAIL ROAD COMPANY.
Preamble, 370.

Books to be opened for subscriptions, &c, 370.

Certain subscriptions to a former company to be taken as subscriptions fortthis company, 370, 371.
Times and places for subscriptions to be advertised — Provision in case more or less than a certain

amount be subscribed, &c, 371.
Company incorporated— Its name and style, 371.
How the instalments to be paid, &c, 371.
Notice to be given and a general meeting of the stockholders called, when a certain amount has

been subscribed, 371.
How such general meeting shall be constituted, 371, 372.
President and directors to be chosen, 372.

Annual meetings of the stockholders to be held — How such meeting shall be called, 372.
Powers of the president and directors, 372, 373.
Stock may be sold in default of payment, 373.
Company may enter upon lands to make their road — How such lands shall be condemned for the use

of the road, and how damages for the same shall be assessed, 373.
Duty of the freeholders, in assessing damages, &c, 374.
Freeholders to make a written report — Form of such report, &c, 374.
Report to be returned to court — Proceedings thereon, 375.

Company may enter upon lands, &c. before condemnation, and shall not be stopped by any injunc-
tion, &c, 375.
If the company should not proceed to have the land condemned, and damages assessed, owners

may, 375, 376.

INDEX.

547

NORFOLK AND EDENTON RAIL ROAD COMPANY, (Continued)

Ail machines, &c. and works of the company to belong to the stockholders — The same to be deemed
personal estate, and not to be taxed for a certain time, 376.

Company may enter upon any adjacent lands to take timber, earth, &c. — How the damages for such
shall be ascertained and paid, 376, 377-

How established roads or ways shall be crossed, &c, 377.

Company may purchase all machines, engines, &c. to be placed on the road, &c, 377.

Rates of toll to be taken by the company for transportation— May also charge for storage, &c, 377,
378.

Rates to he lessened in a certain event, &c, 378-

Company to transport all produce, &c, 378.

Company may erect toll gates at any points, &c, 378.

How votes shall be counted on the shares — How all meetings of the stockholders shall be consti-
tuted, 378.

President and directors to render accounts to the annual meetings, &c, 378.

Dividends to be declared, 378.

Penalty for taking unlawful toll, &c, 378, 379.

Time within which the work must be commenced and completed, 379.

President and directors to have certificates of stock issued — How stock may be assigned, &c, 379.

Company may purchase lands at the termination or on the line of road, &c, 379.

Penalty for injuring or destroying any of the works of the company, 37.9.

Punishment for placing obstructions on the road, &c, 379.

Capital stock may be increased if necessary, 380.

Company may borrow money, &c, 380.

General Assembly may alter or modify the charter except in certain particulars, 380.

Company to have exclusive right of transportation on their road, 380.

State may incorporate companies to intersect or connect with this, 380.

How long the corporation shall continue to exercise its corporate powers 380, 3S1.

When this act of incorporation shall be in force, 381.
NORTH CAROLINA CENTRAL RAIL ROAD COMPANY.

Books to be opened for subscriptions, 405, 406, 407.

Provision in case more or less than a certain amount be subscribed, 407.

Notice, to be given of the times and places for subscription, 407.

When a certain amount is subscribed the company to be incorporated. 407, 408.

How the instalments shall be paid, 408.

Commissioners receiving subscriptions to pay over moneys in their hands, &c, 408.

Notice to be given when a certain amount has been subscribed, and a genera] meeting of the stock-
holders called, 408.

How such meeting shall be constituted, 408.

President and directors to be elected, &c, 408.

Powers of the president and directors, 408, 409.

President and directors may make contracts for building the road, 409.

President and directors may call a meeting of the stockholders upon any emergency, 409.

Stock may be sold upon a default in payment, 409.

How the company may have land condemned for the use of the road, 409, 410.

Company may take from any adjoining lands necessary timber, earth, &c. for their road — How the
damages for the same shall be assessed and paid, 410.

Company may purchase lands at any point on the road, for the necessary purposes of the road, &c,
410 411.

How established roads or ways shall be crossed, 411.

Company may purchase machines, &c. for their road, 411.

All machines, &c. and the works of the company to be vested in the shareholders, &c, 411.

The shares to be deemed personal estate, and all the property of the company to be exempt from
taxation for a certain time, 411.

Company shall transport all produce, &c— Rates of toll allowed for transportation, 411.

Rates to be lessened in a certain event, 411, 412.

President and directors to make reports to the stockholders, 412.

Company to have the exclusive right of transportation on their road, 412.

Company may receive donations, borrow money, &c, 412.

548 INDEX.

NORTH CAROLINA CENTRAL RAIL ROAD COMPANY, (Continued.)
Company may construct bridges, and demand toll from others using them, 412.
Company may contract with any turnpike road, bridge or canal company for the use of their roads,

bridges or canals, 412.
Company may erect scales at their toll gates, &c, 412, 413.

Annual meetings of the stockholders to be held— How such meetings shall be constituted, 413.
How votes shall be counted on the shares, 413.

President and directors to render accounts to the annual meetings of the stockholders, 413.
Dividends to be declared, 413.

Penalty on the company for failing to transport produce, &c, 413.
Penalty for taking unlawful toll, 413.

Time within which the work must be commenced and completed, 413, 414.
President and directors to issue certificates of stock to the stockholders, 414.
How stock may be assigned, 414.

How company may obtain lands for toll houses, &c, 414.
Punishment for injuring or destroying any of the works of the company, 414.
Corporation, how long to exist, 415.

State may authorize any other company to connect with this, &c, 415-
Compensation to be paid to the officers, &c. of the company to be determined by the stockholders, 415.

PETERSBURG RAIL ROAD COMPANY.

An act to enact with certain alterations and additions the Virginia act of 1830, chartering said com-
pany, passed in 1830, 275.

Books to be opened for receiving subscriptions, &c., 275, 276.

Style of the corporation, 276.

Instalments on stock, how to be paid, 276.

When general meetings may be called, and what number of shares necessary to constitute such meet-
ing, 276.

President and directors to be elected — How they may be removed and how vacancies may be filled,
276,277.

Power and rights of the president, &c, 277.

May make contracts, &c. for constructing the road, 277.

Stock to be sold, upon a failure to pay, &c, 277-

President, &c. may enter upon lands, &c. — How lands may be condemned, &c. 277, 278.

Duty of freeholders in assessing damages, &c. 278.

Freeholders shall report to court — Proceedings thereon, 278, 279

President, &c. may enter upon lands before damages are assessed, and shall not be stopped by injunc-
tion, &c, 279, 280.

If president, &c. fail to proceed in having damages assessed, owner of lands may do so, 280, 281.

President, &c. may enter upon adjacent lands to take timber, earth, &c. for constructing road, 231-

How other roads shall be crossed or intersected, 281.

President, &c. may purchase machines, &c, 281.

Machines, &c. purchased with the funds of the company, and their works, vested in said company,
282.

Company shall transport produce, &c. — Rates of toll, 282.

President and directors to make an annual report to the Board of Public Works, 282.

Company may erect scales at their toll gates, 283.

Annual meeting of the stockholders to be held — Majority of shares must be represented, 283.

How votes shall be counted, 283.

President and directors to render accounts to the annual meeting of the stockholders, 283.

When road is completed, dividends to be declared, 283.

Penalty for failing to transport produce, &c, 233.

Penalty for taking illegal tolls, &c, 283.

When the work is to be begun and finished, 233.

Certificates of stock to be made out and delivered to each stockholder, 284,

Such certificate shall he assignable, &c, 284.

Powers conferred on Board of Public Works may be transferred to any other corporate or natural hody,
284.

How land may be condemned for toll houses, &c, 284.

INDEX.

549

PETERSBURG RAIL ROAD COMPANY, (Continued.)

Land may be purchased at the beginning or termination of the road, 284.

Punishment for injuring or destroying the works, &c. of the company, 284, 285.

Assent of this State given to the charter as passed by the Virginia legislature with certain exceptions,
285.

How lands taken for the use of the road in this State shall be condemned, and its value assessed, 285.

How timber, earth, &c. may be obtained on adjacent lauds, and how its value shall be assessed and
paid, 236.

Where the said road shall terminate, 286, 287.

Land may be purchased at the termination, &c, 287.

Penalty for injuring or destroying the works, &c. of the company in this State, 287.

Charter may be altered by the legislature with certain exceptions, 287.

Tolls may be taken in this State — Accounts to be rendered annually to the legislature, 287-

For how long the charter shall exist, 287.

Supplemental act passed in 1832, 288.

Lands may be purchased for the erection of warehouses, <fcc, 283.

Company may charge for storage, &.c, 288.

Punishment for putting obstructions on the rail way, 288.

Act to amend the charter passed in 1833, 288.

Company may construct a lateral rail road to Weldon, &c. 288, 289.

Company may subscribe to the Weldon Toll Bridge Company, 289.

Rights, privileges, &c. granted to the Petersburg Rail Road Company to be extended to the lateral
road, 2S9, 290.
PETITION OF RIGHTS.

Petition of rights presented to King Charles the first, 501.

The king's reply, 504.
PORTSMOUTH AND ROANOKE RAIL ROAD COMPANY.

Recital of the Virginia act of incorporation, 311.

Books to be opened for subscriptions, 311, 312.

Howmany shares subscribed to authorize the incorporation — Name and style of the company, 312.

How instalments to be paid — Commissioners to pay over to the president and directors, 312.

Notice to be given when a certain amount of stock is taken — General meeting to be called, 313.

President and directors to be elected, &c, 313.

Powers of the president and directors, 313.

Stock to be sold for default in payment, &c, 313, 314.

Company may enter upon lands, Sec. — How such lands shall be condemned for the use of the road,
314.

Duty of the freeholders appointed to value lands taken by the company, 314, 315.

Company may enter upon lands before they are condemned, &c, 315.

Work not to be stopped by any injunction, 316.

If company do not proceed to have lands condemned and damages assessed, proprietors may, 31 G.

Company may enter upon adjacent lands to take wood, stone, earth, &c. — How damages for the same
to be assessed, 316,317.

How common roads or ways may be crossed, &c, 317.

Company may purchase machines, &c. for their road, 317.

All machines, &c. and works to belong to the company, and be deemed personal estate, 317-

Company to transport produce, &c. so soon as ten miles of the road shall be completed, 317.

Rates of toll to be taken for transportation, 318.

Annual meeting of the stockholders to be held, 318.

How votes shall be counted on the shares, 318.

President and directors to render annual accounts, &c, 313.

Dividends to be declared, when the road is completed, 318.

Penalty for taking unlawful toll, 318.

When the work to be commenced and finished, 318.

Certificates of stock to be prepared and delivered to the stockholders, 318.

Such certificates to be transferable — How, 319.

How lands may be obtained for stations, &c, 319.

Lands to be vested in company upon paying value, 319.

Lands may be purchased at the termination of the road, 319.

Punishment for injuring or destroying any of the works of the company, 319.

550

INDEX.

PORTSMOUTH AND ROANOKE RAIL ROAD COMPANY, (Continued.)

Trustees of the town of Portsmouth may subscribe fifty thousand dollars to the stock of said company,

319.
Regulations with regard to such subscriptions, 320.

Assent of North Carolina given to the charter with certain exceptions, modifications, &c. 320.
Assent not given to the sections prescribing the manner in which lands may be entered upon and wood,

stone and earth, &c. be taken &c , 321.
How lands may be entered upon by the company, and condemned for the use of the road, &c, 321.
How wood, stone, earth, &c. may be taken, and damages be assessed therefor, Stc, 321, 322.
Where said road shall terminate in this State, 322.

Land may be purchased by the company at the point of termination, 322.

Penalty and punishment for injuring or destroying the works of the company in this State, 322.
Charier may be altered, &c. except in certain particulars by a future legislature, 322, 323.
Rates of toll allowed to be taken by the company, &c, 323.
How long the charter shall exist, 323.
Charter amended by act of 1833, 323.

Company may subscribe to the Weldon Toll Bridge Company, and construct rail road thereon, 323.
Company may transport mail and passengers — Rates of toll allowed therefor, 324.
Lands may be purchased for depots, &c, 324.
Company may charge for the storage of produce, &c, 324.

Penalty for injuring or destroying any part of the road or works of the company, 324.
Punishment for placing obstructions, &c. on the line of the rail road, &c, 324.
Company may pursue other remedies, &c. for trespasses on their property, 324.

RAIL ROAD COMPANIES.

Petersburg Rail Road Company incorporated in 1830 by an act giving the assent of the legislature of
this State, with certain modifications, to the charter granted to the said company by the General
Assembly of Virginia, 275.

Charter of said company amended by an act passed in 1832, 288.

Charter of said company further amended by an act passed in 1S33, authorizing them to build a cer-
tain lateral rail road, &c, 288.

Greensville and Roanoke Rail Road Company incorporated in 1833, 290.

Raleigh and Gaston Rail Road Company incorporated in 1835, 299.

Portsmouth and Roanoke Rail Road Company incorporated in 1832 by an act giving the assent of the
leCTislature of this State, with certain modifications, to the charter granted to the said company by
the General Assembly of Virginia, 311.

Act amending the charter of said company passed in 1833, 323.

Halifax and Weldon Rail Road Company incorporated in 1833, 325.

Act to increase the stock of the Halifax and Weldon Rail Road Company, passed in 1836, 334.

Said company authorized to subscribe their stock to the Wilmington and Raleigh Rail Road by an
act passed in 1836, 334.

Wilmington and Raleigh Rail Road Company incorporated in 1833, 335.

Charter of said company amended by an act passed in 1835, 347.

Fayetteville and Western Rail Road incorporated in 1833, 348.

Charter of said company amended by an act passed in 1834, 355.

Charter of said company further amended by an act passed in 1836, 356.

Raleigh and Columhia Rail Road Company incorporated in 1836, 358.

Norfolk and Edenton Rail Road Company, incorporated in 1836, 370.

Roanoke, Danville and Junction Rail Road Company, incorporated in 1835, 381.

Louisville, Cincinnati and Charleston Rail Road Company, incorporated in 1835, under the name of
the Cincinnati and Charleston Rail Road Company, 394.

Charter amended by act of 1836, 404.

Name of the company altered to that of the Louisville, Cincinnati and Charleston Rail Road Com-
pany in 1836, 73.

North Carolina Central Rail Road Company incorporated in 1836, 405.
RALEIGH — See Seat of Government.
RALEIGH AND COLUMBIA RAIL ROAD COMPANY.

Books to be opened for subscriptions, &c, 358.

INDEX. 551

RALEIGH AND COLUMBIA RAIL ROAD COMPANY, (Continued.)

Times and places for subscriptions to be advertised — Provision in case more or less than a certain
amount be subscribed, &c, 358, 359.

When a certain amount is subscribed, company to be incorporated — Its name and style, 359.

How the instalments to be paid, 359.

Commissioners for receiving subscriptions to pay over moneys to the president and directors, 359.

Notice to be given and a general meeting of the stockholders called, when a certain amount has been
subscribed, 359.

How a general meeting shall be constituted, 359, 360.

President and directors to be chosen, &c, 360.

Powers of the president and directors, 360.

President and directors may make contracts for building the road, &c, 360.

Stock may be sold for a default in payment, &c, 360, 361.

Capital stock may be increased, if necessary, 361.

Company may borrow money, &c, 361.

Company may enter upon lands, &c— How such lands may be condemned for the use of the road,
361, 362.

Duty of the freeholders appointed to assess damages, 362.

Freeholders to make a written report — Form of such report, &c, 363.

Report to be returned to court — Proceedings thereupon, 363.

Upon payment of the damages assessed, the land to vest in the company, 363, 364.

Company may enter upon lands before condemnation, but they shall proceed to have said land con-
demned, &c, 364.

Company not to be stopped by any injunction, &c, 364.

If company fail to institute proceedings to have lands condemned and damages assessed, owners may,
364, 365.

Written consent of the owner of lands, sufficient to vest title, 365.

Company may enter upon any adjoining lands to take earth, timber, &c— How damages for the same
to be assessed and paid, 365.

Penalty on the company for doing wanton injury to lands, &c, 366.

How common roads or ways to be intersected or crossed, &c. , 366.

Company may purchase machines, &c. to be placed upon their road, 366.

Machines, &c. and all the works of the company, to belong to the stockholders, &c, 366.

Said property to be deemed personal estate, and not to be taxed in a certain time, &c, 366, 367.

Company to have exclusive right of transportation on their road— Shall transport produce, &c, 367.

No undue preferences in transportation to be given— Penal ty for refusing to transport persons and pro-
duce, 367.

Rates of toll allowed to be taken by the company for transportation, 367.

Company may also charge for storage, &c, 367.

Company may construct bridges, &c. and demand toll if used by others, 367, 363.

Dividends to be declared, 36S.

Annual meeting of the stockholders to be held — How such meeting to be constituted 368.

How the votes shall be counted upon the shares, 368.

Annual accounts to be rendered to the meetings of the stockholders, 363.

Time within which the road shall be commenced and completed, 368.

President and directors to have certificates of stock issued — Stock, how to be transferred 368 369

Punishment for placing obstructions on the road, or injuring or destroying any of the works of the
company, &c, 369.

General Assembly may have proceedings instituted, when it is deemed that the charter of the com
pany has been forfeited, 369.

Books of the company to be open to the inspection of any committee of the legislature, 369.

President to make a biennial report to the legislature, 369.

State may authorize any other company to cross this road, 369.

Company may erect a depot at any point where another rail road may cross this— or upon failure to do
so, the State or other company may erect such depot, 369.

How long this corporation to continue, 369.
RALEIGH AND GASTON RAIL ROAD COMPANY.

Books to be opened for subscriptions, &c, 299.

552

INDEX.

RALEIGH AND GASTON RAIL ROAD COMPANY, {Continued.)
Times and places for receiving subscription to be advertised, 299.
Style of the corporation, &c, 300.

Stock how to be paid for— Commissioners to pay over moneys, &c, 300.

General meeting to be called — What number of shares necessary to constitute such meeting, 300.
President and directors to be elected, &c, 300, 301.

Rights and powers of the president and directors in constructing road, &c, 301.
President and directors may make contracts, &c, 301.
If stock shall not be paid for, it may be sold,&c, 301.
Capital stock may be increased, 302.
President and directors may borrow money, &c, 302.

How lands may be taken and condemned for the use of the company, &c, 302, 303-
Duty of the freeholders in assessing damages, &c, 303.
Freeholders to make report to court, 303, 304.

Upon the reports being confirmed and the damages paid, the land shall be vested in the company, 304.
Company may enter upon the lands before condemnation, 304, 305.
Shall not be stayed by injunction, &c, 305.

If company do not proceed to have damages assessed, owners of the land may, 305.
When damages are paid, &c, land shall be vested in the company, 305.
Company may enter upon adjacent land and take wood, stone, &c. — damages for the same how to be

assessed, 305, 306.
Company to be liable for wilful injury done to lands, &c, 306.
How roads, ways, &c. shall be crossed, &c, 306, 307.
Company may purchase machines, vehicles, &c, 307.
All machines, &c. and works of the company to belong to them, and to be deemed personal estate,

307.
Duty of company in regard to transportation, 307.

No preference to be shown — Penalty for not transporting, &c, 307, 308.
Rates of toll to be taken for transportation, 308.

Company may construct bridges, allow common roads over them, and charge toll, &c, 308.
Dividends to be declared, &c, 308.

Annual meeting of the stockholders to be held, &c, 308, 309.
How votes to be allowed on shares, 309.
President and directors to render accounts, 309.
When the road shall be commenced and finished, 309.
Punishment for injuring or destroying any part of the road, 309.
Rates of toll to be reduced under certain circumstances, 309, 310.
Who may not be elected president or director, 310.
President to report to the General Assembly, 310.

General Assembly may direct a scire facias when it deems the charter violated, 310.
State may authorize other rail roads to cross this, 310.

Raleigh and Gaston Rail Road Company may erect depots at the place of such crossing, 310.
How long the charter shall be in force, 310.
ROANOKE, DANVILLE AND JUNCTION RAIL ROAD COMPANY.
Books to be opened for subscriptions, &c, 381, 382.
Times and places for subscriptions to be advertised— Provision in case more or less than a certain

amount be subscribed, &c, 382.
Company to be incorporated when a certain amount is subscribed— Its name and style, 382.
How the instalments shall be paid, 383.

Commissioners holding money on subscriptions for stock, to pay over, &c, 383.
Notice to be given, and a general meeting of the stockholders to be called, when a certain sum is

subscribed, 383.
How such meeting shall be constituted, and how annual meetings shall be called, &c, 383-
President and directors to be chosen, &c, 383.
Powers of the president and directors, 384.
Stock may be sold on a default of payment, &c, 334.
Company may enter upon any lands to build their road— How such lands shall be condemned for the

use of the road, 384, 385.
Duty of the freeholders appointed to assess damages, &c, 385.

INDEX. 553

ROANOKE, DANVILLE AND JUNCTION RAIL ROAD COMPANY, (Continued.)

Freeholders to make out a written report — Form of such report, 3S5, 386.

Report to be returned to court — Proceedings thereon, 386.

Company may enter Jands before condemnation, &c, 386, 367.

Company may take timber, earth, &c. from any adjacent lands — How damages for the same to be
assessed and paid, 387.

If the company should not proceed to have the land condemned and the damages assessed, owners
may, 387, 388.

How established roads and ways shall be crossed, 388.

Company may purchase machines, &c, 388-

Machines, &c. and all the works to belong to the stockholders, 388.

Such property shall be deemed personal estate and shall be exempt from tax, 388.

Company to transport produce, &c. — Rates of toll to be taken therefor, 388, 389.

Rates to be lessened in a certain event, 389.

President and directors to report to the legislature, 389.

How the votes shall be counted, 389.

President and directors to render annual accounts to the meetings of the stockholders, 389.

Dividends to be declared, 3S9, 390.

Penalty for failing to transport produce, &c, 39 0.

Penalty for taking unlawful toll, 390.

Time within which the road shall be commenced and completed, 390.

President and directors to issue certificates of stock to the stockholders — How stock may be trans-
ferred, 390.

How lands may be obtained for depots, &c, 390, 391 ■

Land may be purchased by the company at the termination, or any section oi the road, 391.

Punishment and penalty for injuring or destroying any of the works, &c, 391.

Company to have the exclusive right of transportation upon the road, 391.

Company may borrow money, &c, 391.

Company may increase its capital stock if necessary instead of borrowing money, 391, 392.

State may authorize another road to join this under certain restrictions, 392.

Punishment for placing any obstructions on the road, &c, 392.

Written consent of the owner may transfer land to the company, 392.

Company may change the common roads in certain cases, 393.

Company may construct bridges, and demand toll from others using them, 393.

No other road within ten miles and parallel to this shall be authorized in a certain time, provided
that it may be joined by certain roads heretofore authorized, 393.
ROANOKE NAVIGATION COMPANY.

Books to be opened — Amount of capital, 236.

Return to be made to the secretary's office, 237.

How the excess of subscription to be stricken off, &c, 237.

Corporation formed — Its style, 238.

President and directors — Their power and duties, 238.

Payment for stock, how and when to be made, 239.

President and directors, when chosen, 239.

President and directors to take an oath, 239, 240.

A majority of shares required to constitute a general meeting, 240.

Board of directors to report to the general meeting, &c.,240.

The public works vested in the stockholders, 240.

Tolls allowed to be taken— Rates of toll, 240, 241.

When works ready for transportation, company to advertise, 241.

Returns to be made to the General Assembly, 241, 242.

The navigation and works to be public highways, 242.

Company may purchase, or have land condemned for their use, &c, 242.

Toll houses may be erected, &c, 242, 243.

Shares may be transferred, 243.

Capital may be increased, 243.

When to complete the navigation, 243, 244.

In suits for any thing done under this act, it may be given in evidence under the general issue, 244.

No restrictions, &c. to be imposed on the company, 244.

vol. ii. 70

554 INDEX.

ROANOKE NAVIGATION COMPANY, {Continued.)

Repealing clause, &c, 244.

Amended charter, passed in 1815, 244.

Company to notify the governor of their acceptance, &c. of the amended charter, 245.

Books for subscription, when to be opened, 245-

Treasurer to subscribe two hundred and fifty shares for the State, 246.

Style of incorporation — To elect president, &c, 246,247.

President and directors may employ persons, &c, 247.

Certain sections of the act of 1812 revived, 247.

State's subscription, how to be paid, 247,248.

Treasurer to vote for the State, &c, 248.

A turnpike road may be constructed around the falls, &c, 248.

Tolls allowed by former act may be altered, 248.

Treasurer authorized to obtain loans of the banks, &c, 248.

Banks and other corporations authorized to subscribe, 248.

Present stockholders to be compensated for surveys, &c. already made, 248, 249.

An act declaring valid the proceedings of a certain general meeting of the stockholders, held at Hal-
ifax in 1813, passed in 1816, 249,250.

Provision for payment of shares, 250.

Former subscribers retained and enrolled in this company, 250.

Place of the annual meetings, 251.

Dividends to be made only upon capital actually paid, 251.

Charter amended in certain particulars, 251, 252.

Act giving the assent of this State to an act of Virginia, passed in 1816, amending the charter of the
company, passed in 1817, 252.

Regulations for hiring negroes, 252.

Mode of recovering instalments, 252.

Rights of the North Carolina company extended to that part of the river and its branches which are in
Virginia, 253, 254.

Powers of the president and directors, &c, 254.

How lands to be condemned, 254, 255.

Land for toll houses, how to be condemned, 255, 256.

Water in canals, &c. to be used only for navigation, 256.

Roanoke river and its branches to be public highways, 256.

A capital of two hundred thousand dollars created, 256.

Instalments, how to be paid, 257.

Commissioners to return books to president, &c, 257.

Banks, and other corporations may subscribe, 257.

Regulations for collecting instalments, 257, 258.

How shares may be transferred, 253.

Names of stockholders to be returned to Mecklenburg county court, and there recorded, 258, 259.

State to subscribe eighty thousand dollars, provided North Carolina assents to this act, 259.

Books may be opened for increase of capital, 259.

Rights retained by Virginia, 259.

Tolls to be graduated, &c, 260.

Dividends, how to be made, 260.

President, &.e. to report to the General Assembly, 260.

How much real estate company may hold, 260.

Hands hired or purchased may be employed in either state, 260.

Tolls, where and how to be collected, 260, 261.

When the navigation must be completed, 261.

Company to accept or reject this act, &c.,261.

Conditional repeal of former act, 261.

Assent of North Carolina given to this act, with a reservation of certain rights, 261, 262.

Company to notify their acceptance of this act, 262.

Toll not to exceed fifteen per cent., 262.

Act fixing the time of the general meetings, passed in 1819, 262.

Act authorizing the board for internal improvement to subscribe twentyfive thousand dollars, upon cer-
tain conditions, 262, 263.

INDEX.

555

SEAT OF GOVERNMENT.

Ordinance for fixing the seat of government, 415, 416.

Seat of government fixed upon, 416.

Proceedings of the commissioners appointed to purchase lands for the seat of government, ratified, 417.

The plan, &c. of the city, ratified, 417.

City to be called Raleigh, 417.

Names of the public squares, 417, 4 13.

The General Assembly to meet at Raleigh, at which place also, the chief officers of the State shall

reside, 418.
SILK — -See Manufacture of Silk and Sugar.
SOUTH WESTERN RAIL ROAD BANK.
Corporators in the Louisville, Cincinnati and Charleston Rail Road Company to form a separate cor-
poration for banking purposes, 73.
How such banking corporation shall be formed, and amount of its capital, 73.
Payment of the first instalment, 74.
Meeting of the stockholders and their votes, 74.
Stockholders to appoint thirteen directors, 74.
In case of vacancy, remaining directors to fill it, 74.
Bank not dissolved by a failure to elect, 74.
Directors to be stockholders and resident citizens of some of the states, through which the road

passes, 74.
Directors to choose one of their number president, 74.
President and directors to appoint all other officers, 74.
No director of another bank to be director of this, 75.
No person, under protest as drawer or endorser, to be a director, 75.
How the instalments may be called for and the capital increased, 75.
Capital and officers of the bank and rail road to be separate, 75.
Bank not liable for the debts of the rail road, but the rail road company liable for the debts of the

bank, 75.
Annual statement of the affairs of the bank to be made and sent to the governors of the states through

which the road passes, 75.
The principal bank to be at Charleston, and to have branches and agencies with consent of the states,

76.
To issue no note under five dollars until the road is completed, nor under ten after the completion, 76.
Amount of notes issued, not to exceed double its capital, 76.
Notes not paid on demand to bear twelve per cent, interest, 76.
Restrictions as to its loans on pledge of stock, 76.
Regulations of its branches, 76.
Corporate powers of the bank, 76.
Not to owe more than three times the amount of its capital, exclusive of deposits— Directors liable in

case of excess, 77.
Dividends of profits to be made twice a year, 77.
Officers of the bank restricted in trade, 77.
How a meeting of the stockholders may be called, 77.
What real estate the bank may hold, 78.
Shares of rail road and bank stock connected, 78.
Shares transferable, 78.
Bills and notes, signed by the president and countersigned by the cashier, binding on the corporation

and assignable, 78.
Notes of twenty dollars and under may be signed by the president and cashier of the branch where

payable, 78.
Five directors in the principal bank and four in a branch, to be a board, of whom the president to be

one, 78.
Powers of the directors, 79.

President, cashier and clerks exempt from serving as jurors or in the militia, 79.
Bank exempt from tax until rail road finished, and six percent, per annum shall have been made, 79.
On dissolution of the bank, property to be held by the directors for the benefit of the stockholders, 79.
How long the corporation shall continue, 79.

556 INDEX.

SOUTH WESTERN RAIL ROAD BANK, (Continued.)

In what event the act of incorporation shall only extend to South Carolina, North Carolina and Ten-
nessee, 80.

Cases in which the charter may be revoked, 80.

Bank may estahlish a branch in this State, 80.

Not to be establihsed east of the Catawba, nor to have a capital of more than one million, 80.

Punishment for counterfeiting, &c. notes, &c. of the bank, 80.

Proceedings where the charter is believed to be violated, 80.

Decree of court not to affect the rights of claimants, 81.

Citizens of the United States only to vote at the meeting of stockholders, 81.

No bank corporation to hold shares, 81.

Provision for striking off subscriptions, 81.
SOUTH CAROLINA— See Boundary of the State.
SUGAR — See Manufactures of Silk and Sugar.
SURRENDER.

Act for establishing an agreement with seven of the Lords Proprietors of Carolina, for the surrender
of their title and interest in that province to his majesty king George the Second, passed in 1729,
466.

TENNESSEE— See Cessions to the United States, Boundary of the Slate.

TOLL BRIDGE— See Weldon Toll Bridge Company.

TREATY.

Treaty of peace in 1783, 31.

Treaty declared to be the law of the land, 35.
TURNPIKE COMPANIES.

Buncombe Turnpike Company incorporated by an act passed in 1824, 413.

Charter amended in 1829, 424.

UNIVERSITY OF NORTH CAROLINA.

Act for establishing the University, passed in 1789, 424.

Trustees nominated and incorporated, 425.

Powers of the trustees — Their meetings, general and special, 425, 426.

Power of a special meeting, 426.

Treasurer to be appointed— His duty, 426.

Subscriptions to be a permanent fund, 426.

Directions as to fixing on the place for the University, 426, 427.

Trustees may appoint a president, professors, &c. of the University, 427.

Trustees may make regulations for the government of the University, 427.

Degrees to be conferred, 427.

Certain regulations for the benefit and honor of the subscribers to the University, 427.

Additional act passed in 1789, 427.

Funds appropriated for the purpose of erecting buildings, &c. , 427, 428.

Trustees endowed with all escheated property, 428.

Lands of the University not to be taxed, 428-

Act in favor of the University, passed in 1794, 428.

Confiscated property unsold, vested in the trustees, 428, 429.

Trustees to keep and render an account of the proceeds of such property, 429.

How the proceeds to be appropriated, 429.

Act amending the charter passed in 1798, 430.

Presence of the treasurer not necessary to constitute a board for business, 430.

Act further altering and amending the charter passed in 1804, 430.

General Assembly to supply vacancies among the trustees, and may also appoint additional trustees,

430.
Act in relation to the University passed in 1805, 431.
The governor to be president of the board of trustees, 431.
How a trustee's seat may be vacated, 431.
Act concerning the University, passed in 1807, 431.
Seven trustees to form a quorum for business, and to appoint a president pro tempore, if necessary,

431.
Act amending the charter of the University passed in 1821, 432.

INDEX.

557

UNIVERSITY OF NORTH CAROLINA, (Continued.)
Certain persons declared to be trustees, 432.
Board to consist of sixtyfive trustees, 432.

Additional trustees to be elected by a joint ballot of both houses of the General Assembly, and va-
cancies to be filled in the same manner, 432.
Board may remove a trustee for improper conduct, 432.
Governor to be president of the board, 432, 433.

Board to hold a meeting during the session of the General Assembly, 433.
In case of vacancy in the office of secretary or treasurer during a recess of the board, the governor

shall supply it, 433.
Act further amending the charter of the University, passed in 1824, 433.
Trustees, at their annual meetings may limit the business of the special meetings, 433, 434.

VIRGINIA— See Boundary of the Slate.

WELDON TOLL BRIDGE COMPANY, 518.
WILMINGTON AND RALEIGH RAIL ROAD COMPANY.

Books to be opened for subscriptions, &c, 335, 336.

How many shares subscribed to authorize the incorporation — Name and style of the company, 336.

How the instalments shall be paid, 337.

Commissioners receiving subscriptions to pay over to the president and directors, &c, 337.

Notice to be given when a certain amount of stock is taken — general meeting to be called, 337.

President and directors to be elected, 337.

Annual meetings of the stockholders to be held, &c, 337, 338.

Special meetings of the company, how to be called, 338.

Powers of the president and directors, 338.

President and directors may make contracts for making the road, &c, 338.

Who may not vote at a general meeting — Who may not be elected president or director, 338, 339.

Stock may be sold for default in payment, &c, 339.

Debt due for stock to be of the same dignity with judgments in the distribution of assets, &c. 339.

Company may purchase or take by gift or devise lands, &c. to be applied for the purposes of their road,

&c.,339, 340.
How lands shall be condemned for the use of the road, &c. and how the damages shall be assessed

and paid, 340.
Written assent of the owner, to convey lands, &c, 340, 341.
Company may enter upon any adjacent lands to take wood, stone, earth, &c. — How damages for the

same to be assessed, 341.
Company may enter upon lands, to survey routes, &c, 342.
Company may proceed to make their road upon any land before it is condemned— Owner may petition

for damages, &c, 342.
President and directors to determine how instalments to be paid— May purchase all machines, &c.

necessary for the road, 342.
All machines, &c. and the works to belong to the share holders of the company, &c, 342.
Stock of the company may be increased if necessary, 342.
Regulations as to how the new stockholders shall be admitted, &c, 342.
Company may construct branches to the main road, 343.
Company to have the same powers and rights with regard to the lateral, as to the main road, &c,

343.
Main road must be constructed before any lateral road is made, &c. 343.

Restrictions under which another road may intersect with this road, or any of its branches, 343.
Where a branch of this road is shorter than twenty miles, no other road to be built from its termina-
tion to intersect with this, &c. 343.
When a portion of the road is completed, what rates of toll it may charge, &c, 344.
How public or private ways shall be crossed, &c, 344.
Certificates of stock to be issued— Shares of stock may be transferred, 345.
President and directors may erect warehouses, &c, 345.
Company may borrow money, &c, 345.
How the votes shall be counted upon the shares, &c, 345.
President and directors to render accounts to the annual meeting of the stockholders, 345.

"*" INDEX.

WILMINGTON AND RALEIGH RAIL ROAD, {Continued.)
Dividends to be declared when the road is completed, 345.
Time within which the road must be commenced and finished, 345.
Company, how to obtain lands for building toll houses, &c, 345, 346.
Company may construct bridges, and demand toll from other persons using it, 346.
State may authorize other companies to connect with this, 346.

Penalty and punishment for injuring or destroying any of the works of this company 346
Capital stock of the company increased, 347. '

Company may run their road from Wilmington to some point on the Roanoke river 347

may construct lateral roads, &c, 347.

may purchase and own steamboats, and charge for freight, passengers, &c. ,347.
Time extended for beginning the road, 347.
Company not bound to take produce, &c. at other than their regular depots, &c, 347.

i