ble; to acquire lands or rights of way by condemnation proceedings or otherwise for the location or construction of its railway or for the erection or location of all other necessary and convenient buildings, structures and establishments; to make contracts, agreements, leases and to do all other lawful acts of whatsoever nature, kind or description properly incident to and connected with the corporation and necessary and convenient for the control and transaction of the business thereof; to have its name changed; to accept, hold, use, purchase, lease, mortgage, sell or otherwise acquire, dispose of, or incumber any property, real, personal or mixed, necessary or convenient to and for the purposes of the corporation; to have its charter amended in such manner as shall seem to the corporation advisable and as shall be allowed by law; to increase its capital stock by any such amendment to such amount in excess of the amount of $500,000 named in Article Fifth of this declaration as shall be deemed advisable; to decrease its capital stock; to make and issue such bonds, notes or other evidences of indebtedness from time to time as may to the corporation seem advisable and as shall be allowed by law; to connect with or cross any other railroad or railroads on its proposed line; to sell, lease, or otherwise dispose of, all or any portion or section of its road, properties and franchises, in or out of this State, to any other railroad corporation organized under the laws of this State, or of any other State or States, or of this State and any other State or States, or under the laws of the United States, provided that the same be not inconsistent with the laws of this State or of the United States; to purchase, lease or acquire in any other way all or any portion or section of the roads, properties or franchises, in or out of this State, of any other railroad corporation organized under the laws of this State or any other State or of this State and any other State or States, or under the laws of the United States, provided that the same be not inconsistent with the laws of this State or of the United States; to merge or consolidate its capital stock or all or any portion of its property, real, personal or mixed, or all or any portion of its roads, privileges and franchises, with the capital stock or with all or any portion of the property, real, personal and mixed, or with all or any portion of the rights, privileges and franchises of any railroad company or companies, under whatsoever laws organized and existing, such consolidation or merger to be effected upon such terms and conditions as may be agreed upon between the railroad companies so merging or consolidating, provided that the same be not inconsistent with the laws of this State or of the United States; to purchase and hold the stocks, bonds, or any other securities of whatsoever kind or description, of any other railroad company or companies, chartered by, or of which the road or roads are authorized to extend into this State, provided that the same be not inconsistent with the laws of this State or of the United States; to guarantee the bonds, stocks or other securities, of whatsoever description, or dividends of any other railroad corporation, whenever the roads of such corporation shall connect with each other or shall form a continuous line of railroad, directly or by means of any connecting railroad, or by steamboat or steamship line, such guaranty to be upon such terms and conditions as may be agreed upon by the stockholders of the corporation making the same; to aid in the construction of any branch or connecting railroad within the limits of this State, whether connected by railroad or steamboat lines, by subscribing for shares of stock in such corporation, or of any steamship line connecting the terminus of such railroad company with any port of the United States, and by taking its notes and bonds to be secured by mortgage or otherwise, as the parties may agree, the corporation to be entitled to vote on all shares of stock so subscribed for and held. It is not intended by the special and particular mention of the powers and privileges hereinbefore specified to limit, in any way, the general powers and privileges conferred upon a railroad corporation by the Constitution and laws of the State of South Carolina and of the United States. Said proposed road from McBee to Florence is to be approximately forty (40) miles, no portion of which has yet been constructed. The motive power proposed to be used is steam, electricity or gasoline; the guage of the road to be standard and the said proposed road from McBee to Hartsville will be altogether within the limits of the State of South Carolina. And said corporation proposes to assume and claim any and all other powers now or hereafter conferred upon railroad corporations under the provisions of the Constitution and laws of the State of South Carolina." And in like manner as if said certificate or charter, whenever reference is made therein to said declaration, had referred to a declaration amended by the substitution of the foregoing paragraph for the Article Fourth therein set forth, and said corporation desires, and hereby prays, that its said charter shall be amended so as to declare and state that South Carolina Western Railway is organized according to the laws of the State of South Carolina for the purposes indicated in said declaration as so amended, and so as to declare and state that South Carolina Western Railway has the power set forth in said Article Fourth as above written. (2) That the said proposed changes, alterations and amendments were embodied in a resolution adopted by the vote of each and every stockholder of the corporation at a meeting duly called and held after due notice of the time, place and purpose of the meeting, said resolution being hereto attached in accordance with the requirements of statute. (3) It is desired that the charter of the corporation shall not be changed in any respect other than hereinbefore described, and that in all other respects the charter as originally granted shall remain unchanged, unless and until some further application may be made for a change, alteration or amendment thereof, the right to make such further application or applications being hereby expressly reserved. (4) The filing of this declaration showing the desired change in the charter of the corporation has been duly authorized by the directors and stockholders of said corporation. Witness the signature of said South Carolina Western Railway, by its president, and its corporate seal attested by its secretary, this 26th day of August, 1910. [SEAL.] Attest: SOUTH CAROLINA WESTERN RAILWAY, S. O. BAUERSFELD, Secretary. And whereas, such notice as the Secretary of State prescribed was given on behalf of said petitioner; and Whereas, thereafter a proper showing was made by it, the said petitioner; and Whereas, the fee required by law has been paid; Now, therefore, I, R. M. McCown, Secretary of State, of the State of South Carolina, by virtue of the power and authority vested in me by Article IV, Chapter XLVIII, Code of 1902, and amendments thereto, and all Acts and parts of Acts me thereto enabling, do hereby certify and declare the aforesaid amendments so desired by the said South Carolina Western Railway to the said charter to be hereby granted and allowed and declared to be and to form part of said charter, and the said charter to be amended accordingly. Given under my hand and the seal of the State, at Columbia, this the tenth day of November, in the year of our [SEAL.] Lord one thousand nine hundred and ten, and in the one hundred and thirty-fifth year of the Independence of the United States of America. R. M. McCOWN, Secretary of State. Recorded in Railroad Record Book E, page 582, et seq. COMMISSIONS. Greenville, Spartanburg and Anderson Railway Company. By the Secretary of State. Whereas, J. B. Duke, Somerville, N. J.; B. N. Duke, New York, N. Y.; W. S. Lee, Charlotte, N. C.; Ellison A. Smythe, Lewis W. Parker, W. J. Thackston and H. J. Haynsworth, Greenville, S. C., have this day filed with the Secretary of State a written declaration and petition, signed by themselves, under and pursuant to Article IV, Chapter XLVIII, Volume I, Code of 1902, and amendments thereto, which declaration sets forth the names and residences of the petitioners, the name of the proposed corporation, the place at which it proposes to have its principal place of business; the general nature of the business which it proposes to do, route, motive power, etc., the amount of capital stock, and how and when payable, and the par value of the shares, which declaration and petition has been recorded as required by law. Now, therefore, I, R. M. McCown, Secretary of State, by virtue of the authority in me vested by the aforesaid Code, and amendments thereto, do hereby constitute and commission the above named petitioners a board of corporators, and hereby authorize and empower them to open books of subscription to the capital stock of the Greenville, Spartanburg and Anderson Railway Company, a corporation to be organized and created under and pursuant to, and with the rights, powers and privileges set forth in the aforesaid Code, and under the name and for the purposes set forth in said declaration and petition. It is hereby required that thirty days' previous notice be given in some newspaper published in each county through which the proposed road will pass. Given under my hand and the seal of the State, at Columbia, this the 3d day of January, A. D. 1910, and in the one hundred and thirty-fourth year of the Independence of the United States of America. [SEAL.] R. M. McCOWN, Secretary of State. Recorded in Railroad Record Book E, page 535. South Carolina Western Railway. The State of South Carolina, Executive Department. Whereas, W. R. Bonsal, J. E. Hancock, Charles Gibbons, S. O. Bauersfeld and Samuel Lawrence, all of Hamlet, North Carolina, have this day filed in the office of the Secretary of State a written declaration and petition, under and pursuant to Article IV, Chapter XLVIII, Volume I, of the Code of Laws of South Carolina of 1902, and Acts amendatory thereto, which declaration and petition sets forth the names and residences of the petitioners, the name of the proposed corporation, the place at which it proposes to have its principal place of business, the general nature of the business which it proposes to do, route, motive power, etc., the amount of capital stock, and how and when payable, and the par value of the shares, which declaration has been recorded as required by law. Now, therefore, I, R. M. McCown, Secretary of State, by virtue of the authority in me vested by the aforesaid Code, and amendments thereof, do hereby constitute and commission the above named petitioners a board of corporators, and hereby authorize and empower them to open books of subscription to the capital stock of the South Carolina Western Railway, a corporation to be organized and created under and pursuant to, and with the rights, powers and privileges set forth in the aforesaid Code and amendments thereof, and under the name and for the purposes set forth in said declaration and petition. It is hereby required that thirty days' previous notice thereof be given in some newspaper published in each county through which the proposed line will pass. |