CHAPTER XXV. AN ACT TO ENABLE THE COUNTY COMMISSIONERS OF NEW HANO- SECTION 1. The General Assembly of North Carolina do enact, That the Board of County Commissioners for New Hanover County shall have power to examine all and any of the books or accounts of all public officers within their County, who have heretofore been authorized to make any appropriation of the public money for any purpose whatever, or who may have disbursed the same, and to that end the said Board of Commissioners shall have power to compel the attendance of any persons as a witness before them, and the production of any paper writing that they may deem necessary for such examination. Parties failing to obey summons pun prisonment. SEC. 2. That if any person who may be summoned as a witness before said Board of Commissioners, or who shall be ished by fine or imrequired to produce any paper writing, books, notes, bonds, contracts, or accounts, that they may be directly or indirectly connected with, the raising or expenditure of any public money heretofore raised or expended, or by which the County of New Hanover has heretofore, or may hereafter become chargable, shall fail or neglect to obey such summons, or to produce such books and papers, the person so refusing or neglecting may be punished by said Board of Commissioners as for a contempt by fine and imprisonment at their discretion: Provided, Such person shall have been Proviso. summoned in writing at least five days before the day named in the summon requiring the attendance of witness which summons shall set forth the time and place at which the witness shall be required to attend, and the summons shall be served by the Sheriff or other lawful officer of said County in the same manner, and under the same rules, reg ulations and requirements as by the existing laws similar process is required to be served when returnable to a Superior Court. SEC. 3. This act shall be in force from and after its ratification. Ratified the 30th day of January, A. D. 1869. CHAPTER XXVI. AN ACT TO AUTHORIZE A. B. JONES, FORMER TAX COLLECTOR OF Sheriff of Buncombe authorized to collect taxes. Proviso. SECTION 1. The General Assembly of North Carolina do enact, That A. B. Jones, former Tax Collector for Buncombe County, be, and he is hereby authorized and empowered to collect arrears of taxes for the years eighteen hundred and sixty-six and eighteen hundred and sixty-seven, which collection shall be made under the same rules and regulations and restrictions as other collections of taxes by virtue of the laws of the State. SEC. 2. Be it further enacted, That the power and authority hereby granted shall cease and determine with the year eighteen hundred and sixty-nine. SEC. 3. Provided, That no person shall be compelled to pay such taxes, who will make oath that they have paid the same and have lost their receipt. SEC. 4. Be it further enacted, That this act shall be in force from and after its ratification. Ratified the 30th day of January, A. D. 1869. CHAPTER XXVII. AN ACT TO CONSOLIDATE THE ATLANTIC AND NORTH CAROLINA Empowered to consolidate and SECTION 1. The General Assembly of North Carolina do enact, That the Atlantic and North Carolina Rail Road form one Company. Company, chartered at the session of the General Assembly, in eighteen hundred and fifty-two, and the North Carolina Rail Road Company, chartered in eighteen hundred and forty-eight and forty-nine, are hereby authorized and empowered to consolidate, so as to form and constitute one Company, with the corporate name and style of the North Carolina Central Rail Road Company, and when the consolidation of the two Companies aforesaid shall have been consummated in the manner hereafter prescribed, the North Central Rail Road Company, extending from Beaufort Harbor, North Carolina, to the Town of Charlotte, North Carolina, shall be invested with all the powers, Powers. rights, immunities, privileges and franchises conferred on the first named corporation, in and by an act entitled an act to incorporate the Atlantic and North Carolina Rail Road Company, and the North Carolina and Western Rail Road Company, ratified the twenty-seventh day of December, Anno Domini eighteen hundred and fifty-two, and by any amendments thereof, and also with all the rights, powers, immunities, privileges and franchises, conferred on the second named corporation by an act entitled "An act to incorporate the North Carolina Rail Road Company," ratified the twenty-seventh day of January, Anno Domini eighteen hundred and forty nine, and by any amendments thereof and all the property owned or acquired by either of said corporations, shall be taken to be the joint property of the State and stockholders of the two Companies as hereinafter prescribed. Question sub mitted to stockholders. SEC. 2. That at the first meeting of the stockholders of the corporations aforesaid, a majority of the stock being represented in person or by proxy, each of said Companies shall decide, by a majority vote, according to the method prescribed in its charter, in favor of or against the consolidation and union of the two Companies aforesaid, and if said Companies shall decide in favor of consolidation, it shall be the duty of their respective stockholders to fix and agree upon the terms and conditions of their consolidation Stock, how valued by a valuation of the stock, property, rights, immunities, franchises and privileges of each, and, for this purpose, each corporation may appoint a committee of three stockholders, whose action shall be submitted to the decision of the stockholders of each Company, the union of the two Companies aforesaid shall be consummated upon the basis of this valuation, and upon such terms, and in such manner, as the majority of stockholders of each Company may agree upon; and after their union and consolidation is completed all the property, real, personal and mixed, and all the powers, rights, privileges, immunities and franchises of the two corporations, conferred by their respective charters and the various amendments thereof, shall vest and be conferred on the united corporations, under the am e and style of the North Carolina Central Rail Road Campany, and shall belong to the stockholders thereof. Directors, how appointed.. SEC. 3. That upon the union of said Companies in the manner prescribed, the individual stockholders of said "North Carolina Central Rail Road Company" shall have the right to elect four Directors as prescribed in the charter of the "North Carolina Rail Road Company," and the State shall be entitled to eight directors, to be appointed by the Governor of the State, who shall manage the affairs of the said "North Carolina Central Rail Road Company." A majority of said Board of Directors shall, out of their number, elect a President of the Company. Shall be in force SEC. 4. That the corporate powers of the said "North Carolina Central Rail Road Company" shall continue and ninety years. be in force for ninety years from the time of the union and consolidation of the said Rail Roads. when to be effected. SEC. 5. That the two corporations aforesaid shall have the Consolidation. period of two years in which to negotiate, establish and settle the terms of their union and consolidation, and their failure to consummate, the union of said companies shall not be considered final until the expiration of the said period of two years from the ratification of this act. No discrimination shall be made in SEC. 6. No discrimination shall be made by the North Carolina Central Rail Rail Road Company, in rates and rates and charges. charges for the carrying of passengers and freights over any part of said road, but the rates charged for freight and travel between intermediate points, and between either terminus and any intermediate point, shall be the same per mile as the rates charged for travel or for like classes and qualities of freight on the whole line of said Road: Pro- Proviso. vided, That the rates shall apply to the line of said Road only, and not to through rates in connection with other lines of transportation: Provided further, That the said Company, in addition to the rates per mile charged for the carrying of passengers and freights over the whole line of said Road, may, or the carrying of passengers and freights of like classes and qualities between intermediate points, charge the following, and no other: For any distance under fifty miles, not exceeding twenty-five per cent.; for any distance over fifty and under one hundred miles, not exceeding twenty per cent.; for any distance over one hundred and not exceeding two hundred miles, not exceeding fifteen per cent.; any distance over two hundred and not exceeding three hundred miles, ten per cent.; Provided, further, That the incurred rates herein authorized between intermediate points and between either terminus-and any intermediate point shall be equal on all parts of said Road; and if any officer or agent of said Company shall violate the provisions of this section, any person injured or suffering lose thereby, may sue the Company, or such officer or agent |