Chap. 248.—An ACT Incorporating the Edenton and Norfolk Railroad
Company. '

Approved July 9, 1870.

Whereas, the general assembly of the state of North Caro-
lina did, on the ninth day of March, eighteen hundred and
seventy, pass an act entitled an act to incorporate the Edenton
and Norfolk Railroad Company, for the purpose of construct-
ing a railroad from some point at or near Suffolk, in the state
of Virginia, to Edenton and the city of Wilmington, and to
such other intermediate points in the state of North Carolina
as the directors of said railroad company shall determine; and
by said act, have constituted John R. Kilby, of Virginia; and
F,. H. Lassiter, John Gatling, W. A. Moore, W. E. Bond,
James J. Cannon, R. D. Simpson, Jeptha Ward, Samuel Long,
A. M. Moore, Edward Wood, John F. Picknell, James A. Wil-
son, Charles Latham, and Joseph Dixon, of North Carolina,
and their associates, successors, and assigns, a body corporate,
under the name and style of The Edenton and Norfolk Rail-
road Company, with the powers, rights, and privileges as are
set forth in said act; and whereas, a portion of said road will
be in Nansemond county, in the state of Virginia, from Suf-
folk to the North Carolina state line, and with the view to
a full and complete construction and management of said
work:

1. It is enacted by the general assembly of Virginia, That
the said corporators and their associates, successors, and as-
signs, be and are hereby also created a body corporate and
politic, by the name and style aforesaid, with all the powers,
rights, and privileges conferred on corporations by chapters
fitty-six and sixty-one of the Code of Virginia, so far as ap-
plicable to the corporation hereby created and the charter
granted by the state of North Cafolina aforesaid.
2. And it is further enacted, That the charter granted said
company by the state of North Carolina, as aforesaid, shall be
the charter of said company, and to that extent shall modify
the provisions of chapters fifty-six and sixty-one of the Code
of Virginia, and which charter, granted by the state of North
Carolina, is as follows:

“ An act to incorporate the Edenton and Norfolk ratiroad company.

“Szc. 1. The general assembly of North Carolina do enact,
That for the purpose of constructing a railroad of one or
more tracks, from some point at or near Suffolk, in the state
of Virginia, to Edenton and the city of Wilmington, and to
such intermediate points, and upon such line as the directors
of said railroad shall determine, John R. Kilby, F. H. Lassiter,
John Gatling, W. A. Moore, W. E. Bond, James J. Cannon,
R. D. Simpson, Jeptha Ward, Samuel Long, A. M. Moore, Ed-
ward Wood, John F. Picknell, James A. Wilson, Charles
Latham, and Joseph Dixon, of Green county, and their asso-
ciates, successors, and assigns are hereby constituted a body
corporate, under the name and style of The Edenton and Nor-
folk Railroad Company, with a capital stock of one million
dollars, with power to increase the same to five millions, which
shall have a corporate existence, and as such, exercise the pow-
ers herein granted, in perpetuity, as a body politic, and .by
that name may sue and be sued, plead and be impleaded, in
every court in the state of North Carolina, and may have and
use & common seal, and shall be capable of purchasing, holding,
leasing, and conveying estate, real, personal, and mixed, and of
acquiring the same by gift or devise, for the purpose herein
contemplated, and the said company shall have and enjoy all
the rights and immunities which other corporate bodies may
lawfully exercise, and may make all necessary by-laws and regu-
lations for its government, not inconsistent with the constitu-
tion and laws of the United States and of the state of North
Carolina.

“Sxc. 2. That the capital stock of said company may be
created by subscriptions on the part of individuals, municipal
or other corporations, in shares of the value of one hundred
dollars each, which may be made in lands, timber, labor, or
money, a8 may be stipulated.

“Src. 3. That books of subscription may be opened by such
persons, at such times and places, and under such rules and
regulations, as the persons above named, or a majority of them,
shall direct. ;

“Szo. 4. That when the sum of fifty thousand dollars shall
have been subscribed to the capital stock of said company by
solvent subscribers, a general meeting of the stockholders shall
be held, after due notice, and such general meeting, a majority
of the stockholders being present, either in person or by

roxy, shall elect a board of directors, to consist of such num-
er, not less than five, as the stockholders shall determine;
and said directors shall elect one of their number president,
and such other officers as the by-laws of said company shall
prescribe; and may do and perform all other acts necessary to
the complete organization of said company, and to carry into
effect the object of their charter.

“Src. 5. That whenever any land shall be required for the
construction of said road, or for warehouses, water stations,
turn-outs, workshops, depositories, or for other buildings or
purposes, and for any cause the same cannot be purchased from
the owner, the same may be taken by the directors at a valua-
tion to be ascertained as follows: the sheriff of the county in
which said land may be, shall, at the request of the president
of said road, summon five disinterested freeholders of his
county, who shall ascertain the value, under oath, to be admin-
istered by the sheriff, they first deducting the enhanced value
of the land, caused by said railroad, from such valuation, and
adding any particular loss or damage; and upon the payment
or tender by the president of the amount so assessed, the title
of the property so seized and appraised shall thereby vest in
the said corporation: provided, that either party may appeal
to the superior court of the county upon the question of the
amount assessed: and provided further, that not more than
one hundred feet from the centre of the road shall be liable to
be so condemned.

“Sec. 6. That the president and directors shall have power,
at any time, to borrow money upon the bonds of the sompany,
and to secure the same by mortgage or other legal assurance.

“Sec. 7. That the said company shall have the exclusive
right to convey and transport freight and passengers over and
along ‘the said road, and at such rates as said company shall
prescribe.

“Szo. 8. This act shall take effect from its ratification, and
the said company shall have exclusive right, tor a term of thirty
years from its full organization, to construct and use the afore-
said railroad.”

3. This act shall be in force from its passage.