Chap. 108.—An ACT to confirm a Law passed by the Legislature of
North Carolina, entitled an Act to incorporate The Elizabeth City
and Norfolk Railroad Company, ratified the 20th day of January,
1870, and an Act supplemental thereto, ratified the 24th day of Janu-
ary, 1872.

Approved February 23, 1875.

Whereas an act was passed by the legistature of North
Carolina, on the twentieth of January, eighteen hundred
and seventy, entitled an act to incorporate The Elizabeth
City and Norfolk Railroad Company in the following words
and figures, viz.:

§ 1. The general assembly of North Carolina do enact,
That for the purpose of effecting a communication by rail-
road between the town of Elizabeth City, in the state of
North Carolina, and the city of Norfolk, in the state of Vir-
rinia (the Virginia legislature assenting thereto), George
V. Brook, John Pool, C. L. Cobb, Charles C. Pool, Frank
Vaughan, Doctor W.G. Pool, L. E. Hines, C. W. Grandy,
junior, R. F. Overman, C. W. Hallowell, James C. Perry,
Doctor Palemon, John and William Underwood, in the
county of Pasquotank, and state of North Carolina, and
their assigns, and C. W. Grandy and sons, William T. Harri-
son, Cicero Burruss, William Lamb, Gilbert C. Walker, Wil-
liam D. Reynolds, J. M. McMinn, Gilbert Elliott, Joseph S.
Cannon, C. Billups, and Edward Kimberly, be and the same
are hereby constituted a body corporate and politic, by the
name of The Elizabeth City and Norfolk Railroad Company,
and by that name ghall be capable in law to buy, sell, and
hold such real and personal estate as they may think proper;
make contracts, sue and be sued; to make all such by laws,
and do all such other acts and things as may be necessary
and proper to carry into full effect the purposes of this
ebarter; to have and use a common seal, and change the
same at pleasure, and shall have, use, and enjoy all such
other rights, powers, and privileges not in conflict with the
laws of the United States or of the state of North Carolina,
as they may deem necessary to effect the objects of this
charter.
§ 2. That the said company be and is hereby authorized to
construct and maintain a railroad, with one or more tracks,
to be used with steam or other power, from such points
within the corporate limits of the town of Elizabeth City as
the said company may think proper, and run the same in
such direction, and through such counties or parts of coun-
ties, to the said city of Norfolk as they may determine: pro-
vided, they do not interfere with any graveyard or curtilage,
and they may construct branches of said road to Edenton or
elsewhere, and may also make connections gnd lay down
and use street tracks within the town of Elizabeth City, and
upon any of the streets thereof, upon such terms and condi-
tions as they and the mayor and commissioners of said town
may agree upon.

§ 3. The capital stock of said company shall be one million
of dollars, to be divided into shares of one hundred dollars
each, and in order to get the requisite amount of stock, the
persons named in the first section, or any three or more of
them, shall be authorized to open books of subscription at
such places for such length of time and under their own or
under the direction of such other persons as they may think
proper.

§ 4. Whenever twenty thousand dollars of stock shall be
subscribed and two thousand dollars paid in, or secured to
be paid, it shall be the duty of a majority of the persons
before named, to call a meeting of the company, who shall
elect a board of directors, to consist of five in number; and
such board shall immediately elect one of their number pres-
ident, and appoint such other officers and agents as they
think necessary and proper; fix the salaries of such president,
officers, and agents, and their terms of office, and make all
such other rules and regulations as they may think neces-
sary for carrying out the intentions of this charter.

-§5. The said president and directors sball be authorized
to receive subscriptions of stock in money or in real estate,
at such value in money as they may, in their judgment,
think to the interests of the company.

§é. The said president and directors, or their lawfully
constituted agents, shall have full power and authority to
enter upon all lands through which they may think it neces-
sary to make the said railroad, and to lay out the same ac-
cording to their will and pleasure, by paving the owners of
the lands a fair compensation for their property, taking into
consideration the increased value likely to accrue to the
owners by reason of running said road through their lands;
and if the president and directors, or their agents, cannot
agree with said land owners in regard to the value of the
lands of the latter, through which they propose to run said
road, either party may apply to the probate judge of the
county whose duty it shall (be) to order the sheriff to sum-
mon five disinterested and intelligent land owners, to make
an award of the damages, if any, which the said land owners
have sustained, and report the same to said probate judge;
and this award shall be final, unless one or the other of the
parties shall appeal to the supreme (superior) court within
ten days, in which case the issues shall be tried by a jury of
the county in which the land lies.

§ 7. The said railroad company may build their railroad
track over any navigable stream by putting a sufficient draw
in the bridge, or other structure, so as not to impede naviga-
tion, and may run the same along any public road, when it
may be necessary, by keeping it in good repair, or by con-
structing a new road or roads, when they run along any
portion of an old road.

§ 8. That whenever one mile or more shall be so nearly
completed as to enable the company to run cars upon it,
they shall have the right to transport passengers, freight,
and mails over said railroad, its branches or connections, at
such rates of fare, toll, and compensation therefor as the
president end directors may deem expedient and just.

§ 9. Any person who shall in any way injure or obstruct
said road, its branches or connections, besides being liable to
the company in a civil action for treble the amount of dam-
ages sustained, shall be guilty of a misdemeanor, and pun-
ished by fine or imprisonment, or both, at the discretion of
the court. .

$10. The said company shall be allowed five years in
which to commence said road, and ten or more years to com-
plete it, and shall be allowed to exercise the corporate powers
hereby granted for ninety-nine years.

§ 11. This aot shall take effect and be in force from and
after its ratification.

Ratified the twentieth day of January anno domini, eigh-
teen hundred and seventy.

And whereas an act supplemental to said act was also
passed by the legislature of North Carolina on the twenty-
fourth day of January, eighteen hundred and seventy-two,
in the following words and figures, viz. :

€1. The general assembly of North Carolina do enact,
That the board of directors of said company be, and they
are hereby authorized to issue bonds and mortgages upon
any and all the property of said company, to secure loans,
advances, acceptances, and debts made or incurred by said
company in building said railroad and equipping the same.

é 2. That when the books sball bave been opened, and the
requisite amount of stock has been subscribed, as provided
for in tbe original act, to which this is a supplement, a ma-
jority in amount of said subscribers shall call a public meet-
ing, giving notice of time and place in a newspaper, at Eliza-
beth City, for a period of thirty days, whereupon the sub-
scribers shall elect a board of five directors from among their
number at the time of the election, each subscriber being
allowed one vote in person or by proxy, for each share sub-
scribed. ,

§ 3. That upon the failure of said company to secure the
right of way by amicable concession, the land owners men-
tioned in section sixth of the original act shall condemn the
same in accordance with said act, of such width as they may
deem advisable: provided, the lands so condemned shall not
be less than one bundred feet wide.

§ 4. Ratified the twenty-fourth day of January anno domi-
ni, eighteen hundred and seventy-two.

1. Therefore be it enacted by the general assembly of Vir-
ginia, That the same rights and privileges shall be, and are
hereby granted to the aforcsaid company within the terri-
tory of Virginia as are yranted to them within the territory
of North Carolina, excepting, however, the provisions of the
eighth section of said act. The said company shall be sub-
ject to the same pains, penalties, and obligations as are im-
posed by said act, and the same rights, privileges, and immu-
nities which are reserved to the state of North Carolina, or
to the citizens thereof, are hereby reserved to the state of
Virginia and her citizens, except that the said company shall
not make, or authorize to be made, any lateral ro&d or roads
within the territory of Virginia without the consent of this
legislature. That the said road shall not approach the city
of Norfolk by a line west of the eastern boundary of Nanse-
mond county, and that in obtaining a right to any lands
through which the contemplated railroad may be extended,
or to any timber or earth, which shall be mecessary to the
construction or repair of said road, or other works or neces-
sary buildings within this commonwealth, the Elizabeth City
and Norfolk Railroad Company shall proceed in the manner
prescribed by chapter fifty-six of the Code of Virginia of
the edition of eighteen hundred and seventy-three, except
also that any injury which may at any time be done within
the limits of Virginia to the said road, other works or neces-
sary buildings, shall at all times be punished according to
the laws which may be in force in this commonwealth, bat
aothing herein contained shall be construed to authorize the
said company to construct a bridge across that part of Eliza-
beth river commonly known and designated as the harbor ot
Norfolk and Portsmouth, or between the said harbor and
Hampton Roads, nor to use any county road except to cross
the same. ——-

2. The said company shall be subject to the general rail-
road law of this state.

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