SEC. 10. The provisions of this act shall not apply to proceedings by attachment or arrest and bail. SEC. 11. This act shall be in force from and after its ratification. Ratified the 22d day of March, A. D. 1869. Not applicable to attachment, &c. AN ACT TO AUTHORIZE SAMUEL R. BUNTING, LATE SHERIFF OF of taxes. SECTION 1. The General Assembly of North Carolina do To collect arrears enact, That Samuel R. Bunting, late Sheriff of New Hanover County, be, and he is hereby authorized to collect the arrearage of taxes due him in said County for the years. eighteen hundred and sixty-six and eighteen hundred and sixty-seven: Provided, That said Samuel R. Bunting shall Proviso. not collect taxes out of any tax-payer who may make affidavit before any Justice of the Peace, that he has formerly paid the taxes aforesaid, and has lost the receipt for the same. SEC. 2. The authority thus given to collect said taxes in the County of New Hanover by the said Samuel R. Bunting, shall cease from and after the first day of January, Anno Domini eighteen hundred and seventy. SEC. 3. This act shall be in force from and after its ratification. Ratified the 22d day of March, A. D. 1869. Cease first day of January, 1870. CHAPTER LXXXVIII. AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF ANSON For building jail, &c. SECTION 1. The General Assembly of North Carolina do enact, That the County Commissioners of Anson County are hereby authorized to levy a tax on all property which is now taxed by the State, to such an amount as they may deem necessary on such property, to be collected as other taxes, and to be applied to the payment of debts contracted for building a Jail and Court House for said County: Provided, That the amount of said special tax shall not exceed fifteen thousand dollars. SEC. 2. This act shall be in force from and after its ratification. Ratified the 22d day of March, A. D. 1869. CHAPTER LXXXIX. AN ACT TO INCORPORATE THE DAVIDSON RAIL ROAD COMPANY. Corporators. SECTION 1. The General Assembly of North Carolina do enact, That for the purpose of constructing a Rail Road to be used and operated by steam, horse or other motive power from the Davidson Mine, or the Silver Valley Mine, in Davidson County, to the nearest practical and convenient point on the Silver Hill Rail Road, or the North Carolina Rail Road, S. S. Clayton, John T. Williams, James Crawford Nielson, John Endy, James Dusenberry, Lewis Thomas and such other persons as they may associate with them, are declared to be a body politic and corporate, in fact and in law, under the name and style of "The Davidson Rail Road Company," with all the corporate powers and author- Corporate powers. ity hereby created and granted, to be held and exercised by said Company, and their successors and assigns in perpetuity and in that name shall have power to purchase, receive, hold, possess and enjoy, sell and convey real and personal estate, to have and use a common seal, alterable at their pleasure, to pass such by-laws, rules and regulations for their government, not inconsistent with the laws of this State, as may be necessary to carry into effect the objects and conduct the affairs of the corporation, may sue and be sued, plead and be impleaded, and shall have and enjoy all the rights of similar corporate bodies under the laws of this State, to survey and condemn land for right of way and all other purposes necessary to carry into effect the object of said Company, and shall generally have and possess all the rights, privileges and immunities, and be subject to the limitations and restrictions of corporate bodies under the laws of this State. open books. SEC. 2. That for the purpose of creating the capital of Commissioners to said Company, the persons named in the first section of this act, or a majority of them, may appoint Commissioners to open books of subscription at such places and times as they may deem expedient and under such rules as they may prescribe. SEC. 3. That the capital of said Company shall be one hundred thousand dollars, and may be increased to three hundred thousand dollars whenever the said Company may direct, to be divided into shares of one hundred dollars each. Capital stock. General meeting. SEC. 4. When the sum of ten thousand dollars shall have been subscribed to the capital stock of said Company by solvent subscribers, a general meeting of the stockholders shall be called by the said Commissioners, after due notice and such general meeting, a majority of the stock subscribers being present, either in person or by proxy, shall have power to appoint a Board of Directors and such other officers as they may desire, and to perform all other acts appoint Directors. Stockholders to Process on President. Director or lawful notice. and things necessary for their organization as a Company and to carry into effect the objects of this charter, and to continue its operations under the provisions thereof. SEC. 5. That one of the Board of Directors shall be a Agent to be deemed resident of Davidson County, and notice of process upon the President or any Director or acting agent of said Company, shall be deemed lawful notice of serving process on the Company. Rates and farce. 1 May connect road. Absence of contract, lands are pre &c. SEC. 6. That said Company shall have the exclusive privilege of conveying and transporting over and along their Road persons or produce, merchandise, minerals and ores, and all such other things as are usually carried on Rail Roads in the State at such rates and fares for freight and passage as they may determine. SEC. 7. That the said Company shall have the privilege of connecting their Road with the Road of the Silver Hill Rail Road Company, and of transporting in its own cars and by its own motive power on the Road of the Silver Hill Company, passengers at a rate not exceeding five cents per mile, and produce, merchandise, minerals, ores and all other things as are usually carried on the Rail Roads of this State at, the rate of five cents per mile, and that the Silver Hill Rail Road Company shall have the same privilege of transportation and at the same rates on the Road of the Davidson Company. SEC. 8. That in the absence of any contract with said sumed to be granted Company in relation to the lands through which said Road may pass, it shall be presumed that the land upon which said Road may be constructed, together with the necessary space not exceeding one hundred feet on each side of the center of said Road, has been granted to the Company thereof, and said Company shall have good right and title thereto, and shall have, hold, and enjoy the same as long as the same shall be used for the purpose of said Road, and no longer, unless the owner of said land shall apply for an assessment of the value of said land, according to law, within two years next after that part of the Road, which ssessment may be applied for, &c. may be upon said land, was finished, and in case the said SEC. 9. That this act shall be in force and have effect from and after its ratification. Ratified the 22d day of March, A. D. 1869. CHAPTER XC. AN ACT AUTHORIZING THE NORTH WESTERN NORTH CARO SECTION 1. The General Assembly of North Carolina do enact, That the North Western North Carolina Rail Road Company shall have the right to raise subscriptions of stock payable in real estate, at such prices and on such terms as may be agreed upon by the owner or owners of said lands and the Company aforesaid, and the title of said real estate shall be conveyed to said Rail Road Company, and said Company shall have the right to mortgage or sell said real estate on such terms as it may seem proper, and make title to the purchaser or purchasers thereon by deed of conveyance, in the name of said company, signed by the President thereof, under the seal of the Company. Right to raise sub scription payable in real estate. Surry County. SEC. 2. That all subscriptions of stock made by the Subscriptions by County of Surry, or by citizens thereof to the capital stock of the First and Mount Airy Divisions of the North Western North Carolina Rail Road shall be applied as a |