NCA, WNC 2/18/1861

{Acts of the North Carolina General Assembly}
 
An Act to Amend the Charter of the Western North Carolina Railroad Company
 
   Section 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 the route selected by said company for the location of their road from the east bank of the French Broad river to the Tennessee line, at or near Duck Town or Cowone, under the provisions of the second section of the acts of 1854 nd '5, and 1858 and '9, be, and the same are hereby approved.
   Sec. 2. Be it further enacted, That the first section of said road, instead of being divided into two sections as heretofore, shall be extended from Salisbury to, and terminate at the western portal of the Blue Ridge tunnel west of the Swannanoa Gap, instead of Morgantown; but the subscriptions made for the divisions of the section east and west of Morgantown, shall be applied to the construction of the division designated by the subscription.
   Sec. 3. Be it further enacted, That the company, as provided in said act, shall open books for the subscription of stock for the second section of said road, to extend from the terminus of the said first section to a point to be selected by the company on French Broad river, as near as may be consistent with the interest of the company to the village of Asheville; and as soon as one-third of the estimated cost of that section is subscribed by solvent individuals, counties and corporations, as provided in the act of 1854-'5, the company shall place that section under contract.
   Sec. 4. Be it further enacted, That as soon as the second section is put under contract, it shall be the duty of said company to open books for the subscription of stock to extend the third section of said road from the terminus of the section to Waynesville, in the county of Haywood, or to any point west of the head of Richland creek; and as soon as one-third of the estimated cost of this section terminating at either of the points designated shall have been subscribed, it shall be the duty of the company to put a portion or all of the said section under contract.
   Sec. 5. Be it further enacted, That it shall be the duty of said company, at the same time they open books for the subscriptions of stock for the third division, also to open books for the subscription of stock to construct a branch of said road down French Broad river, agreeably to a survey recently made by said company, terminating at the Paint Rock on the Tennessee line.
   Sec. 6. Be it further enacted, That the remainder of the appropriation made for said road under the act of 1854-'5, after setting apart a sufficient sum to pay the contractors and complete the road to the point on French Broad river, in the county of Buncombe, shall be equally divided between the third division extending to Waynesville, or a point west of the head of Richland creek, and the branch down French Broad river to the Paint Rock; and as soon as one-half that sum shall have been subscribed, as provided in third section, for either the third division or the branch, it shall be the duty of the company to put a portion or all of either or both under contracts.
   Sec. 7. Be it further enacted, That the payments required to be made on the part of the State under this act and the act of 1854, in one year from the passage of this act, shall not exceed seven hundred thousand dollars; this imitation on the expenditure is intended as a substitute for the restrictions under the act of 1854-'5.
    Sec. 8. Be if further enacted, That all laws and clauses of laws, coming in conflict with this act, be, and the same are hereby repealed, and that this act be in [force] from and after its ratification. [Ratified the 18th day of February, 1861]

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