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Ill 




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ottt)e 

^InitJeriSitp of Bottb Carolina 




Collection of j12ort5 Catoliniana 

(SnUotoeti i>? 

3Io5n feiprunt !^ill 

of tl)e Class of 1S89 



C3A£,1 

J^S8^ 



UNIVERSITY OF N.C. AT CHAPEL HILL 



00035473273 



This book must not 
)@ taken from the 

ibrciry building. 






Digitized by the Internet Arciiive 

in 2010 witii funding from 

Ensuring Democracy tiirougii Digital Access (NC-LSTA) 



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PUBLIC LAWS 



STATE OF lORTll CAROLmA, 



PASSED r.Y THE 



QENER^'VL ASSEMBLY 



SESSION 1870-71, 

UEGUN AXD ITELD IN THE 

CITY (IF RALEIGH ll.\ THE SIXTEENTH OP N0VE)1BER, 1870 ; 

TO WHICH ARE PREFIXED 

THE CONSTITUTION OF THE STATE AND A REGISTER OF STATE OFFICERti 
3IEMBERS OF THE GENERAL ASSEMBLY AND JUDICIARY, 



THE AUDITOirS STATEMENT OF THE PUBLIC REVENUE 
AND EXPENDITUEE. 



PVBLISHEn BY* ^UTMORITY". 



RALEI(I]I: 

JAMES H. MOOKE, STATE PRINTER AND BINDER. 
18 71. 



345.1 



REGISTER OF STATE OFFICERS, 

MEMBERS OF THE GENERAL ASSEMBLY, 

AND THE 

.TUDICIARY, 
FOR THE Y^EA.R 1870. ; 



OFFICIAL REGISTER 

FOR THK 

YEA-RS 1870-'71. 



STATE (iOVKlJXMFAT. 

Too 11. Oai>]>wI';i.l, . . . .lUirke Comity. Governor. 

E. J. AVakrkn, Tleautbrt County, President of the Senate. 

II. ,T. Meaning KK, Craven County Secretary of State. 

IIk^'derson Ai>Aii>.. . . .Davidson County Auditor. 

D. A. JenivIns. (4aston County, Treasurer. 

C L. IIarrfs. Rutherford County, Sup't. Pul>hc Works. *- 

S. S. Asiii-EY, Xew Hanover County, . . Supt, Public Instruction. 

W. M. Shut. Mechlenburi>: County,. . .Attorney GeneraL 



THE Jr]>i( lAliV 



Sl'PREME COURT. 

NAitES. UeSIDH-VCBS. 

Richmond M. Pkausox. C'iiief JuHtic-e, . . . . jiiclnnond ]Iill, Yadkin Co., 

Ei). G. Rkadh, Associate Justice, Uux])oro', Person County, 

Wm. p. Rodman, Associate Justice. Wa.«hini>-ton, Peaufort Co., 

RoBT. P. DrcK, Associate Justice (rreenc-horo, fTuilford County. 

Natuanipii- lioYDEN, Associatc Justice, kSalisi.airy, Rowan Connty, 

J. M, McC(,)Rklk, Reporter, SaUshury, Rowan County, 

AVir. II. pA(rT.K\, Clerk Raleigh. Wake County, 

David A. WioKfiR, Marshal, Raleigh Wake, County. 



VI REGISTER OF STATE OFFICERS. 

SUPEEIOR COURTS. 

District. Names. Kesidencbs. 

1 Charles C Pool, Elizabeth City, 

2 W. A. Moore, Plyinoutli, 

3 W. J. Clarke, Newbeni, 

4 Daniel L. Russell, Wilmington, 

5 Ralph'JP. Buxton, Fayetteville, 

6 Samuel W. Watis, Franlilinton, 

7 Albion W. Tourgee, Greensboro', 

8 John M. Cloud, Roc' ford, Surry county, 

9 Geo. W. Logan, Rutlierfordton, ^ 

10 Anderson Mitchell, Statesville, 

11 James L. Henry, Aslieville, 

12 Riley H. Cannon, Frankli)i, Macon county. 



DISTRICT SOLICITORS. 

1 J. W. Albertson, Ilertiord, 

2 JosEi'H J.jMartin, "Williamston, 

3 John Y. Sherrard, Goldsboro', 

4 John A. Richardson, Elizabethtown, 

5 Neill McKay, Lillington. 

6 William R. Cox, Raleigh, 

7 J. R. Bulla, Asheboro', 

8 A. H. Joyce, Danbuiy, 

9 Wm. p. Bynum Lincolnton, 

10 W. P. Caldwell Statesville, 

11 Virgil S. Lusk Asheville, 

12 R. L. Henry Franklin. 



REGISTER OF STATE OFFICERS. 



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Fayetteville, Cumberland ' 
Clinton, Sampson ' 
Smithfield, Johnston ' 
Goldsboro', Wayne ' 
Raleigh, Wake ' 


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REGISTER OF STATE OFFICERS. 



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REGISTER OF STATE OFFICERS. 



HOUSE OF KEPRESENTATIVES. 

Thos. J. Jakvis, Tyrrell County, Speaker. 



COUNTIES. 


NAMES OF MEMBERS. 


RESIDENCES. 


Alamance, 


Col. A. C. McAlister, 


Company Shops, 


Alleghany, 


Robert Gambrel, 


Gap Civil, 


Ashe, 


Dr. J. 0. Wilcox, 


Jetlerson, 


Alexander, 


J. M. Carson, 


Taylorsville, 


Anson, 


Wm. E. Smith, 


Morven, 


Beaufort, 


Thomas Sparrow, 


Washington, 


Bertie, 


P. Eobbins, 


Windsor, 


Bladen, 


A. W. Fisher, 


Elizabeth town, 


Brunswick, 


John A. Brooks, 


Little River, S. C. 


Buncombe, 


A. D. Johnston, 


Asheville, 


Burke, 


J. C. Mills, 


Morganton, 


Cabarrus, 


J. L. Henderson, 


Concord, 


Caldwell, 


Ed. Jones, 


Patterson, 


Camden, 


John L. Chamberlain, 


Camden, C. H. 


Carteret. 


L. W. Martin, 


Beauiort, 


Caswell, 


E. A. B. Withers, 


Yanceyville, 


Catawba, 


K. R. B. Houston, 


Catawba Station, 


^ 


R. J. Powell, 


Pittsboro', 


Chatham, ■■ 


John A. Womack. 


Pittsboro', 


Cherokee, 


B. K. Dickey, 


Murphy, 


Chowan, 


John Page, 


Ed en ton, 


Clay, 


J. S. Anderson, 


Fort Hembree, 


— - Cleaveland, 


Lee M. McAfee, 


Shelby; • 


Cabarrus, 


C. C. Gore, 


Whiteville. 


( 


Richard Tucker, 


Newbenie, 


Craven. -, 


E. K. Dudley. 


Newberne, 


( 


Geo. B. Willis, 


Newberne, 


Cumberland, ■ 


C. W. Broadfoot. 
J. H. Currie, 


Fayetteville, 
Fayetteville, 


Currituck, 


J. Woodhouse, 


Poplar Branch, 


TA -J \ 


Jacob Clinard, 


Midv,-ay Post Office, 


JJavidson, 


Jacob T. Brown, 


Lexington, 


Davie, 


Jas. Kelly, 


Mocksviile, 



REGISTER OF STATE OFFICEKS. 

HOUSE OF REPEESENTATIVES.— (6'c>/i^/n?/t^<?.) 



XI 



COUNTIES. 



NAMES OF :srEMBERS. 



RESIDENCES. 



Dnplin, 

Edgecombe, 

Forsytlie, 

Franklin. 

Gaston, 
Gates. 

Granville, 

Greene. 
Guiliord. 

Halifax. 

Harnett. 

Haywood. 

Henderson. 

Hertford, 

Hyde. 

Iredell. 

.lads so 11. 

.lohnstun. 

Jonet', 

Lenoir, 

Lincoln. 

Macon, 

Madison, 

Martin. 

McDowell. 

Mecklenburg, 

Mitchell, 

Montgomery, 

Moore, 

]Na6h, 



( 



John H. Stanford, 

N. E. Armstrong, 

R. M. Johnson. 

|W. Bunn, 

iJohn P. Nisson, 

John H. Williamson, 

' James T. Harris, 

J. G. Gnlliek, 

Rid dick Gatling, 

E. B. Lyon, 

T. L. Hargrove, 

W. H. Reavis. 

B. S. Hardy, ' 

Jonathan Harris, 

S. C. Rankin, 

J. J. Goodwyn.. 

John Bryant, 

Xeill S. Stewart, 

W. r. AVelch, 

W. Brownlow Morris. 

W. Xcwsom, 

W. H. Lucas, 

J. H. Hill. 

Thos. A. Nicholson, 

T. D. Bryson, 

Jesse Hinnarit. 

W. II Jovner. 

B. L. Brvan. 

W. F. Left in. 

David Kincade. 

J. L. Robinson, 

Nat. Kelsey, 

Ge(». A. Gregory, 

J. ('. (Grayson, 

R. V. Warinir, 

J. So!. Reid,'' 

S. M. Colli?; 

J. G. Morgan, 

Alexander Kellv. 

J.A.Drake, 



Kenansville, 
Hallsville, 
Tarboro", 
Battleboro', 
Salem, 
jLonisbnrg, 
jPacific, 
iSonth Point, 
JGatesville, 
|Franklinton, 
Oxford, 
I Henderson, 
Snow Hill, 
Westminster, 
McLean sville, 
[Halifax, 
Halifax, 
lAversboro', 
iWaynesville, 
Hendersonville. 
! Win ton, 
|Lake Landing, 
jStatesville, 
! Eagle Mills, 
jWebster, 
|Earpsboro', 
|Boon Hill, 
iKinston, 
iKinston, 
Castania Grove, 
Franklin. 
Ivey. 

•IlaiuiitoM, 
Hridgewater, 
jCharlotte, 
: Providence, 
I'akersville, 
Sandersville, 
Carthage, 
Ililliardfiton, 



XII 



REGISTKK OF STATK OFFICERS. 

HOUSE OF REPRESENTATIVES.— (6'6>?;f/7?^/«/.) 



oorNTii<> 



New lIauo\-er ■ 

Nortliamptoii, ■ 

Onslow. 

( )raiio:e, -, 

Pasquotank, 
l^evqnhnans. 
Person, 

Pitt, -) 

i^olk, 

Randolph. ] 

Piclunond. 

Robeson. ■ 

Rocking-liam, •, 

ivowaii. • 

Rntlieriord, 

Sampson, 

Stanly, 

Stokes, 

Surry, 

Transylvania. 

Tyrrell 

Pnion. 

Wake. 



AVarren, 

"VVasliiugtoJi; 
Watauga, 

Wayne, 



NAMES OF MEMBERS. 



1 



Samuel A. Ashe, 
Geo. Z. French, 
G. L. Mabson, 
Samuel N. Buxton, 
Burton TT. Jones, 
James G. Scott, 
F. N. St^ud^^^ck, 
0. 0. Atwater, 
jThos. A. Sykes, 
|T. E. J)arden, 
!h. T. Jordan, 
iB. S. Atkinson, 
;C. Joyner, 
I John Garrison, 
I Jonathan Lassiter, 
Is. F. Tonilinsou, 
{Robert Fletcher, 
,TJios. A. McNeill, 
!H. B. Regan, 
I A. B. Johns, 
iDayid Settle, 
iW. H. Crawford, 
!F. N. Luckey, 
I J. M. Justice, 
|j. R. MaxNvell, 
I Job 11 Furr, 
|J. G. H. Mitchell, 
IH. C. Hampton, 
|J. C. Duckworth, 
i J. J. Jar vis, 
iC. M. J. McOauley, 
!T. W. Young, 
jW. W. Morgan, • 
Stewart Ellison, 
|W M. Cawthorne, 
iRiehard Faulkner, 
!l). C. Guvtbcr, 
■'W. F. Shull, 
|D. E. Smith, 
'Edv/in G. Copeland, 



RESIDENCES. 



Wilmington, 
Wilmington, 
Wilmington, 
Jackson, 
; Jackson, 
'Jacksonville, 
Hillsboro', 
'Snipes' Store, 
, Elizabeth City, 
,P>elvidore, 
iRoxboro', 
jGreenville, 
'{Marlboro', 
Columbus, 
jLassiters Mills, 
Bush Hill, 
Rockingham, 
jShoe Heel, 
jLumberton, 
iLeakesville, 
jWentworth, 
Salisbury, 
Salisbury, 
Rutherfordton, 
Dismal, 
Albemarle, 
I Red Shoals, 
[Mount Air\-, 
I Brevard, 
i Columbia, 
IMonr^^e, 
jRaleigh, 
I Raleigh, 
jRaleigh, 
Warrenton, 
IWarrenton, 
jPlymouth, 
[Valley Crucis, 
I Dudley Depot, 
iGolds])oro', 



REGISTER OF STATE OFFICERS. 

HOUSE OF REPEESENTATIVES.— (6b?iiJm«cc/.) 



xm 



COUNTIES. 


NAMES OF MEMBERS. 


RESIDENCES. 


Wilkes, 
Wilson, 
Yadkin, 
Yancey, 


Tyre York, 
J. W. Dunliani, 
J. G. Marler, 
C. F. Young, 


Trap Hill, 
Wilson, 
Yadkin ville, 
Burnsville. 



LIST 



OF 



COMMISSIONERS OF AFFIDAVITS 



IN THp; 



SEVERAL STATES AND TERRITORIES 



AXD IN THE 



DISTRICT OF COLUMBIA, 



FOR THE 



STATE OF NOETH CAROLINA 



C0MMIS3I0NDKS OF AFFIDAVITS. 



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COMMISSIONERS OF AFFIDAVITS. XII 



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April 1 
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February 10 
May 23 

27 
June 5 

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April 1 
September 1 
February 22 




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March 5 
April 25 
June 1, 



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COMMISSIONEKS OF AFFIDAVITS. 



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May 15, 1870, 
January 27, 1869. 
April 7, 1871', 
November 13, 1869, 
December 30, " 
November G, " 

17, " 
January 5, 1869, 
May, 26,' " 

20, " 
September 20, " 
November 16, " 
May 5, " 
November 13, " 

11, " 
December 14, " 
November 10, " 
October 21, 1868, 


O 

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February 23, 1870, 
October 28, 1868, 
March 31, 1871, 
Aui^ust 25, 1869, 

25, " 
November 12, " 
June 1, " 

May 20, 1869. 

20, " 
September 10, " 
May 20, " 
" 3, " 
June 22, " 
September 1, " 
Auo'iist 28, " 
Jnne 1, " 


p 


Charleston, 
Memphis, 

ii 

Summcr^'illo, 

Memphis, 

Galveston County, 

Norfolk, 

Petersburg, 

Suffolk, 

Norfolk', 

a 
a 
a 

Eichmond, 

County of Norfolk, 

Eichmond, 

Norfolk, 


3 


Thomas Frost, 
Henry P. Woodard, 
Josiah W. Wescott, 
James E. Temple, 
John C. Ecevco, 
Hudson Carey, 
E. D. Johnson, 
S. P. Ginn, 
Alex, Donnan, 
John E. Kilby, 
Warren G. Elliot, 
Frank A. Wilcox, 
T. E. Borland, 
Gilbert Elliott, 
Tlios. W. ITpslier, 
E. E. Hunter, 
E. M. Garrett, 
W. B. Martin, 


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CAPTIONS 

OF THE 



PUBIIC ACTS OF NORM CMOlMil 



CAPTIONS 

TO THE 

PUBLIC ACTS AND RESOLUTIONS. 

SESSION 1870-'71. 



Ch after. Paob. 

1. An act to provide for a special term of the superior captions to pub- 

court of Davidson county, 41 lie acts. 

2. An act to extend the time for collecting and pay- 

ing over taxes for county purposes for county 

ot Cleaveland, 42 

3. An act to abolish office of state printer and for 

other purposes, 43 

4. An act appointing commissioners to take certain 

depositions relative to senatorial election in 
counties of Granville aud Person, 43 

5. An act concerning townships in county of Jack- 

son, 45 

6. An act for relief of John D. Davis, sheriff of 

Carteret county, 46 

7. An act to repeal an act entitled " an act to secure 

the better protection of life and property," 
ratified Jan. 29th, 1870, 47 

S. An act in relation to the keeper of the capitol, 47 

9. An act to extend the time for collecting and pay- 
ing over taxes in Alamance and Caswell, 4S 

10. An act to appoint two commissioners to take depo- 

sitions in the matter of the contested election 
for Wayne county, 48 

11. An act to repeal an act in relation to mileage and 

per diem, ratified Nov. 26th, 1869, 49 



V 



xxTv CAPTIONS. 

Chapter. Page. 

Captions to pub- •^^' ^^^ ^^'^ ^^^ relation to an election to till vacancy in 
lie acts. 26th senatorial district, 50 

13. An act to restore to the Western Railroad compa- 
ny its original chartered privileges^ to regulate 
appointment of state directors, and to define 
the vote of the state in the o-eneral meetino-s 
ol the stockholders of said company, 50 

14. An act to relieve Thomas F. Baxter, sheriff of Cur- 
rituck lor failure to pay state taxes, 52 

15. An act to repeal chapter 52, laws of 1S6S and 

1869, 53 

16. An act to repeal certain parts of chap, -ll, ol an 
ordinance ratified March 13th, 1808, 53 

17. An act for relief of James Cashwell, tax collector 
of Bladen county, 54 

IS. An act to fix per diem and mileage of members 
and ofiicers of the general assembly ol IS 70 
and 1871, 54 

19. An act in relation to the special tax money in the 
treasury, 55 

20. An act to provide lor the removal of certain suits, 
actions and causes from one judicial district 
to another, o6- 

21. An act to extend the time for collecting and pay- 
ing over the taxes for county purposes for the 
county of Martin, 57 

22. An act for the relief of John Ilorton, sherift' of 
Watauga county, 58 

23. An act declaratory of the meaning of the act enti- 
tled an act to repeal certain acts passed at the 
session of 1868 and 1869, making appropria- 
tions to railroad companies, ratified March 8th, 

1870, and for other purposes, 58 

24. An act in relation to municipal elections, 60 

25. An act in relation to burnt records of Clay county, 62 

26. An act to authorize county commissiones of Ran- 
dolph county, to appoint a tax collector, 65 



CAPTIONS. sry 

Chapter. Page. 

27. An act to repeal chap. 32, public laws of 1S69 and SSct?' ^° ^^^ 

1870, aud for other purposes, QQ 

28. Articles exhibited by the Ilonse of EepresentatiTes 

of the state of Xortli Carolina, in the name of 
themselves and all the people of the state oi 
North Carolina, against AVilliam W. Ilolden, 
governor of the state ot Nortli Carolina, in 
niaintenance and support of their impeach- 
ment against hira, for high crimes and misde- 
meanors in his said othce, 67 

29. An act to authorize construction of a turnpike 

road from Malone & Wilson's store, in Mc- 
Dowell count}^ to Flat creek, in Buncombe 
county, 83 

30. An act for the relief of the slierilf of Chatham 

county, 85 

31. An act for the relief of John S. Johnston, sheriff 

of Rockingham county, 85 

32. An act for the relief of F. W. Bell, slieriff of Ber- 

tie county, 86 

33. An act for the relief of Roderick McMillan, sheriff 

of Robeson coimty, 86 

34. An act to allow the legal representatives of John 

Turner, late sheriff' of Orange county, and of 
Logan H. Lorans, late sheriff' of Lincoln coun- 
ty, to collect arrears of taxes in 1868, 1869 and 
1870, 87 

35. An act to alter chapter 6 ot revised code, concern- 

ing the North Carolina Institution for the 
Deaf and Dumb and the Blind, 88 

36. An act to allow enterers of vacant land further 

time to obtain grants from the State, 89 

37. An act to empower county commissioners of Da- 

vidson to appoint a tax collector, 89 

38. An act to allow tlie commissioners or other mu- 

nicipal authority of any city or town or incor- 



lie acta. 



xsvi CAPTIONS. 

Chaptbr. Paob. 

Captions to pub- porated village to buy and hold real estate 

for the purpose of a cemetery, 90 

39. An act to supply a temporary deficiency in the 
treasury, 90 

40. An act for the reliet of sheriti' of Alexander 
coimty, 91 

41. An act for the relief of the penitentiary, 91 

42. An act to suspend the code of civil procedure in 
certain cases 92 

43. An act to repeal sections 7 and 8 of an act in rela- 
tion to punishment, chapter 167, public laws 
of North Carolina, 1868-'69. 94 

44. An act to authorize and empower the govern- 
ment of the United States to purchase and 
hold lands in North Carolina for the purpose 
of erecting lighthouses thereon, 95 

45. An act to authorize J. C. Griffith, sheriff of Cas- 
well county to collect arrears of taxes, 96 

46. An act for the general relief of sherifis and tax 
collectors, 97 

47. An act to incorporate the "Wilmington and Onslow 
railroad company, 98 

48. Replication by the House of Bepresentatives of 
North Carolina to the answer of William W. 
Holden, governor of the State of North Caro- 
lina, to the articles of impeachment exhibited 
against him by the House of Representatives, 103 

49. An act to incorporate the Warrenton Railroad 
Company, 104 

50. An act to repeal an act entitled " an act to change 
part of the line that divides Burke and Mc- 
Dowell counties, 108 

51. An act to supercede the special terms of the supe- 
rior courts of Craven and Lenoir counties, 108 

52. An act for the relief of the sureties of J. W. C. 
Piercy, deceased, late tax collector of Chero- 
kee county, 109 



CAPTIONS. * xxviT 

Chaptbb. Page. 

53. Order of the House of Representatives relative to Captions to pub- 

lie &ct3 

amendment of article 8 of impeachment of 
William W. Holden, governor of North Caro- 
Carolina, 110 

54. An act to allow the commissioners of Orange 

coimty to levy a special tax, 111 

55. An act concerning the poor house ot Lincoln 

county, 111 

o6. An act in relation to election of keeper of the 

capitol, 112 

57. An act to provide for the election of a tax collector 

for Lincoln county, . 112 

58. An act to return to the Wilmington, Charlotte 

and Rutherford Railroad Company its first 
mortgage bonds in exchange for other bonds 
of the company, 113 

59. An act to authorize the levy of a special tax for 

Person count}', 115 

60. An act in relation to the pay of witnesses attend- 

ing the court of impeachment, 116 

61. An act to amend an act entitled " an act to regu- 

late the manner of applying for pardons," 
chapter 171, ratified March 2Sth, 1870, 116 

62. An act creating a commission to inquire into 

charges of corruption and fraud, 117 

63. An act concerning a convention of the people, 119 

64. An act to incorporate the North Carolina Railroad 

and Manufacturing Company, 126 

65. An act in relation to printing the general statutes, 127 

66. An act to authorize the commissioners of Clay 

county to levy a special tax for certain pur- 
poses, 128 

67. An act for the benefit of the Western North Caro- 

lina Railroad Company, 128 

68. An act authorizing the governor to ofler a reward 

for the arrest of Henry B. Lowery and others, 130 



XXVIII CAPTIONS. 

Chapter. Page. 

<Japtions to pub- 69. An act to charter the Tennessee River Turnpike 
^icacts. Conipan}', 131 

70. An act in relation to the public library, 133 

71. An act to authorize the commissioners of Onslow 

county to adjust the tax lists now in the hands 

of the sheriff, 185 

72. An act to compel the president and directors of the 

several railroads in this state to account with 
their successors in office for the property and 
effects of said companies, 13G 

78. An act for the relief of G. 13. Threadgill and J. L. 
Moore, foruier sheriffs of Anson and Macon 
counties, 137 

74. An act to make a failure to work on public roads a 

misdemeanor, 138 

75. An act making the South Yadkin Kiver, in the 

counties of Rowan and Davie, a lawful lence, 138 

76. An act in relation to vac^ancies occurring in county 

offices, 139 

^77. An act relative to sale of land by the commis- 
sioners of the town of Marion, in McDowell 
county, 139 

78. An act to authorize construction of a toll bridge 

across the Yadkin River, at or near Elkin, 140 

79. An act in favor of Nathaniel R. Jones, sheriff of 

Warren county, 141 

SO. An act in relation to the capitol square and public 
grounds in the city of Raleigh, and for other 
purposes, 142 

81. An act in relation to salaries and fees of state 

officers, 143 

82. An act to provide for the payment of the necessary 

expenses on requisitions of the governor, for 
fugitives from justice in other states, 145 

83. An act to authorize the public treasurer to pay 

money to erect the penitentiary, 140 



CAPTIONS. XIX 

CffAPTEB. Page. 

84. An act declaratory of the meaning of section 34, Captions to pub- 

chapter 2^5, of the hiws of 1S69 and '70, and 
for other ]>nrposes, 146 

SS. An act to amend an act entitled " an act relative 
to the Western Turnpike road leading from 
Asheville westward," 147 

■•86. An act to restore and reinstate records of the several 
courts in the state destroyed by fire and otlier- 
M-ise during the late war, 14^1 

S7. An act to legalize the acts of the justices of the 

peace of Brunswick county, 149 

SS. An act to amend an act entitled an ''an act to in- 
corporate the Atlantic, Tennessee and Ohio '- 
Eailroad Company, 150 

• 89. An act defining the authority of tax collectors, 151 

:90. An act to prohibit justices of the peace from prac- 
ticing as attorneys at law in certain cases, 152 

91. An act to authorize Robert M. Stafford, sheriff of 

Guilford county, to collect arrears of taxes, 153 

92. An act to authorize the county commissioners of 

Alamance and Davidson to revise the jury 
lists of said counties, 153 

93. An act in relation to bonds to be given by adminis- 

trators, executors and collectors, 154 

'94. An act to establish a new county by the name of 

Swain, 155 

95. An act to incorporate the lioanoke and Tar river 

railroad company, 150 

96. An act to repeal section ."), cha}>ter SO, of the laws 

of 1S5(> and'57, 159 

';97. An act to establish the Whiteside mountain turn- 
pike in Macon and Jackson, 159 

'i)S. An act to authorize the comn)issioners of Yancey 

county to levy a special tax, 161 

'99. An act concerning del its contracted ly municipal 

corporations, 162 



XXX CAPTIONS. 

Chaptbr. Pagbi. 

Captions to pub- iQO. An act supplemental to an act in relation to the 
lac acts. . . 

fowling interests in the waters of Currituck 

sound, ratified December 23d, 1870, 16S 

101. An act to provide for the levying of a special tax 

in Bertie county, 164: 

102. An act in relation to taking tish trom the north- 

east branch of Cape Fear and for other pur- 
poses, 16^ 

103. An act to punish officers and agents of railroad 

companies and other persons for embezzlement 
and other offences, 165 

104. An act to repeal an act authorizing commissioners 

of Jones county to levy a special tax, and also 
an act to allow the county commissioners of 
Jones county to levy a special tax, 16T 

105. An act in relation to copying the laws for the pub- 

lic printer, 16T 

106. An act to repeal certain parts of chapter 170, acts 

of 1868 and '69, 168 

107. An act to extend the time of J. M. Roane, sheriff 

of Macon county for making settlement with 
county treasurer, 169 

108. An act to cure certain irregular proceedings in the 

jurisdiction of the courts in special proceedings, 169 

109. An act in regard to Roderick McMillan, sheriff of 

Robeson county, 170 

110. An act to encourage immigration into North Caro- 

lina and to increase the capital of the state, 171 

111. An act to repeal certain sections and parts of sec- 

tions, and to amend others in chap. 270, laM's 

of 1868 and '69, 172 

112. An act concerning elections in this state, 173 

113. An act to amend section 21 of an ordinance of the 

convention of 1865-'66, entitled "an ordinance 
respecting the jurisdiction of the courts of this 
state," ratified June 23d, 1866, amended and 



CAPTIONS. XXXI 

Chaptkb. Page. 

re-ratiiied bv the convention ol 186S, March Captions to piib- 

14th, 1868/ 174 ^'*'=^'' 

114. An act authorizing the commissioners ot Chatham 

connty to issue bonds, 176 

115. An act to incorporate tlie Yancey ville, Danville 

and Coalfield Railroad, 177 

116. An act to amend sec. 1, chap. 122, laws ot 1869-'70, 

relative to entries of land in Jackson connty, 183 

117. An act to incorporate the Petersburg and Greens- 

boro' railroad company, 184 

118. An act to amend section 18, chapter 229, laws of 

1869-70, entitled an act to raise revenue, 187 

119. An act to authorize the commissioners of Gnilford 

county to issue bonds, 187 

120. An act to repeal chapter 46, laws of 1868-'69, 

and chap. 13, laws ot 1869-70, and to re- 
enact chap. 9 of revised code, entitled "[attor- 
neys at law," ISa 

121. An act to amend section 47, chapter 93, laws of 

1868-69, 189 

122. An act providing for tlie support of the insane 

asylum for the next fiscal year, 190 

123. An act to authorize tax collectors to collect taxes 

which shall be due and unpaid, 191 

124. An act in relation to convicts, 191 

125. An act to change the line between the counties of 

Wilkes and Alleghany, 193 

126. An act to prevent the felling of trees into Little 

river, 193 

127. An act to incorporate the Iliawassee and Cheoah 

turnpike company, 194 

128. An act to amend the charter of Cheoah turnpike 

com pan}', i9(j 

129. An act to annex part of Rutherford county to 

Burke county^ 297 

130. An' act to provide for the appointment of commis- 

sioners of wrecks for Hyde county. 19S 



xxxn CAPTIONS. 

Chajptee. Page " 

Captions to pub- 131. All act requiring sherifis and coroners to give 
^<^^^^^- notice to parties in whose tavor they may have 

process for collection of money, 19S 

132. An act to amend sections 9 and 10, chap. 8, of an 

act relative to the western turnpike road, e^c, 
passed session 1868-69, 200 

133. An act to suppress secret political organizations, 200 

134. An act to repeal certain sections of an act ratified 

August 17th, 1S6S, entitled an act to organize 

a militia of North Carolina, 202 

135. An act to authorize the county commissioners of 

Macon county to levy a special tax, 202 

136. An act to change the tinie of holding the spring 

term of the superior court for the county of 
Martin for the year 1871, 203 

137. An act to compel sheriffs to settle public taxes, 20-1 

138. An act making an appropriation for the deal, and 

dumb and blind asylum, 205 

139. An act in relation to tees of county officers and 

the supreme court clerk. 205 

140. An act to amend chapter 160. laws of 1868-69, 213 

141. An act amendatory of an act entitled " an act to 

establish burnt records, cV'c, in Clay county, 214 

142. An act to provide for the levying a special tax in 

Perquimans county, -^1'^ 

143. An act relative to the Western Turnpike road, 216 

144. An act to authorize the county commissioners of 

the counties of Polk and Jackson to levy a 
special tax, 

145. An act to charter the Catawba Valley railroad, 217 

146. An act to lay out and construct a road through 

Ashe county, -'-''• 

147. An act to amend chapter m of public laws of 

lSG9-'70, to construct a road through the 
counties of Aslie and Alleghany, 

148. An act to lay out and-c-onslruct a public road from 



21 r» 



223 



CAPTIONS. XXXIII 

■Chaptek. Page 

the town of Sparta, in Alleojhany county, to Captions to pub- 

the Virginia line, ^ ' 22J:^^"*'^- 

149. An act to construct a railroad from Kenansville in 

Duplin county, to Clinton in Sampson county, 225 

150. An act to incorporate the Oxlord and Henderson 

railroad company, 229 

151. An act to extend the time of George Kicks, former 

slierift of Yadkin, and others to settle with 
tlieir county treasurers, 232 

152. An act to authorize the commissioners of Anson 

county, to levy a special tax for the county 
purposes, 233 

153. An act to legalize cel'tain acts of the county com- 

missioners of Mitchell county, . 234 

154 An act authorizing the county commissioners of 

Tyrrell county to levy a special tax, 234 

155. Articles exhibited by the house of representatives 
ot the state of North Carolina in the name of 
themselves and all the people of the state of 
North Carolina, against Edmund W. Jones, 
judge of the second judicial district of North 
Carolina in maintenance and support of their 
impeachment against him for high misde- 
meanors in office, 235 

150. An act su]->])lemental to an act entitled "an act 
creating a commission to enquire into charges 
of corrii)>tion and fraud," ratified Fel)ruary 8th, 
1>;71, 238 

157. An ai-t (.1 limit the powers of township trustees 

witliin tlie counties of Cherokee, Clay, Jack- 
son, Henderson, Madison, Watauga and Car- 
teret, 231> 

158. An act to autliorizethe commissioners of Cabarrus 

county to levy a s])ecial tax, 240 

159. An act authorizing the county conunissioners of 

Hertford county to levy and collect a certain , 

tax, 241 

3 



XXXTV 



CAPTIONS. 



Captions to pub- 
lic acts. 



243 

243 

244 

245 

246 
247 

248 
249 



Chapter. Page, 

160. An act to abolish the special courts of the cities 

of Newbern and Wilmington, 

161. An act to change the time of holding the suj^erior 

court of New Hanover county, 

162. An act in relation to road steamers, 

163. An act for the relief of the tax payers of Buncombe 

county, 

164. An act to authorize the Albemarle Swamp Land 

company to construct a railroad from Pantego 
to Indian river in Beaufort county, 

165. An act in relation to obstructions in ISTottalah and 

Iliawassee rivers in Cherokee county, 

166. An act to amend section 199, chapter 4, ot the 

code of civil procedure concerning attach- 
ments, 

167. An act to incorporate the Georgia and North Car- 

olina Railroad company, 

168. An act to amend section 1, chap. 208, public laws 

of 1868 and 1869 entitled "an ac^t to provide 
for the election of commissioners of naviga- 
tion and pilotage ior the port of Beaufort, 
North Carolina, 

169. An act to authorize the commissioners of Stokes 

to levy a special tax, 

170. An act to authorize the commissioners of Pock- 

ingham county to issue bonds for the purpose 
of funding and paying off the county debts, 

171. An act to change the line between the counties of 

Edgecombe and Nash, 

172. An act to incorporate the Kinston and Kenansville 

Pailroad company, 

173. An act to provide tor a tax collector for Gaston 

county, 

174. An act to incorporate the Statesville air-line rail- 

road company, 260 

175. Aa act defining the duties of the keeper of the 

capitol, 262 



252 



253 



254 



256 



257 



259 



CAPTIONS. 



XXXV 



Chapter. p^gj,_ 

176. An act to reduce the bond of the superior court captions to pub- 

clerk and probate j udge of Dare county, North ^^ ^^^^• 

Carolina, from $10,000 to $3,000. 263 

177. An act concerning municipal officers, 264 

178. An act to enable the Northwestern North Coroli- 

na railroad company to complete their road to 
Salem, 265 

179. An act to amend an act to provide for the enlarge- 

ment, increase of depth, and completion of the 
Albemarle and Chesepeake canal, ratified on 
second day of February, 1857, and to repeal 
and amend certain other statutes, 267 

ISO. An act to extend the time for the registration of 

grants, deeds and other conve3^ances, 268 

181. An act supplemental to an act passed at the 

present general assembly, entitled "an act to 
lay off and establish a county by the name of 
Swain, 269 

182. An act to change the time of holding the spring 

term of the superior courts of Beaufort and 
Pitt counties for the year 1871, 276 

183. An act to authorize the commissioners ot John- 

ston county, to issue bonds for the purpose of 
funding and paying off the county debt, 277 

184. An act for the protection of fair grounds, 278 

185. An act to incorporate the Warrenton and Macon 

Tun]])ike company, 280 

186. An act in relation to fishing in the waters of Pam- 

lico and Tar rivers and Tranters creek, 281 

187. An act in relation to the meadows of Rockingham 

county, 282 

188. An act requiring all state, county and municipal 

officers to be voted for on a separate ballot, 284 

189. An act to incorporate the Haywood and Cane 

creek railroad company, 284 

190. An act to antliori/.e the county commissioners of 

Nash county to levy a special tax, 289 



XXXVI 



CAPTIONS. 



3ic acts. 



Chapter. Page 

Caption.s to pub- 191. An act for the better government of the penitenti- 
ary, 290 

192. An act for the relief of J. W. Schenck, jr., sheriff 
of l^ew Hanover county, 291 

193. An act to regulate the right of voting in cases 
where county lines liave recently been altered, 292 

19-i. An act to amend "an act to declare the Brevard 

French Broad and Jones' Gap road turnpike," 293 

195. An act to amend an act to provide for the collec- 
tion of taxes by the state and the several coun- 
ties of the state on property, polls and income, 
ratified the 2Sth day of March, A. D. 1870, 294 

196. An act to amend " an act to incorporate the plan- 
ters lailroad company, 314 

197. An act to amend section 31 of chap. 201, of the 
act of April 12th, 1869, 315 

198. An act to authorize the commissioners of Mitchell 
to lev}' a special tax, 316 

199. An act to authorize the commissioners of Curri- 
tuck county to levy a special tax, 31f! 

•.200. An act to authorize the comnn'ssioners of Moore 

county to issue bonds, 317 

201. An act to authorize the commissioners of Alamance 

to levy and collect a special tax, 31f> 

.202. An act concerning the annexation of a portion of 

Caldwell coimty to the county of Watauga, _ 319 

203. An act to repeal an act for the better preservation 
of the public health, by establishing suitable 
(juarantino regulations for Beaufort harbor, 
North Carolina, 319 

204. An act authorizing E. B. Webster and Ilobert 
Lewis sureties on the official bond of Walker 
Smith, late sheriff of Eockingham county, to 
collect arrears of taxes, 320 

505. An act to prevent the felling of trees in the Yad- 
kin river, 321 



CAPTIONS. xxxvTt 

Chapter. Page. 

206. An act in favor of the sureties of Hugh B. Guthrie, S^ct?^ *^ ''**** 

late sheriff of Orange county, 322 

207. An act for the relief of James M. Young, sheriff 

of Buncombe county, and T. "W. Taylor, sherifi 

of Henderson county, 322 

208. An act to authorize the commissioners of Gaston 

county to levy a special tax for the purpose of 
repairing the bridge over South Fork river, 
at Hayler's Ferry within said county, 323 

209. An act to authorize the commissioners of Anson 

county to issue bonds, <fcc.j 32i 

210. An act to authorize C. Austin, late sheriff of the 

county of Union, to collect arrears of taxes, 325 

211. An act to submit the question of " Convention" or 

" IsTo Convention" to the people, and provide 
for the election of delegates, 326 

212. An act to authorize the county commissioners of 

Caldwell county, to levy a special tax, 332 

213. An act to authorize the commissioners of Cleavland 

county to issue bonds, 333 

214. An act to authorize the county of Wilson to issue 

bonds, 33-± 

215. An act to render valid and binding the acts of cer- 

tain officers in the state, and for other purposes, 335 

216. An act to amend an act entitled " an act in rela- 

tion to proceedings in contempt," and to fur- 
ther define the offence of contempt, 336 

217. An act to amend section 23, chapter 37, revised 

code, entitled " deeds and conveyances," 338 

218. An act to incorporate the Mount Airy and Central 

Railroad Company, 339 

219. An act for the promotion of immigration and the 

settlement of the unimproved lauds of the state, 313 

220. An act suppleme'.tal to an act to raise revenue, 317 

221. An act amendatory of an act entitled "proceedings 

in Jiaheas eorjrus,'^ ratified April" 6th, A. D. 
1S69, 348 



xxxvm 



CAPTIONS. 



C*)tions to pub- 
lic«cts. 



\ 



Chapier. Page 

222. All act in relation to pnnisliment for arson and 

burglary, 

223. An act to establish the boundary line between 

Granville and Person counties, 

224. An act to incorporate the K"aval Extension Eail- 

road Company, 

225. An act to secure proper returns by sheriffs and 

tax collectors of unlisted taxes, 

226. An act to authorize the county commissioners to 

levy a special tax in Alexander county, 

227. An act to raise revenue, 

228. An act in relation to the insane asylum of ISTorth 

Carolina, 

229. An act to incorporate the Marion and Cranberry 

Railroad Company, 

230. An act authorizing the county commissioners of 

Onslow county to levy a special tax, 

231. An act to authorize the county commissioners of 

Bladen county to levy a special tax, 

232. An act to amend an act ratified April lOtli, 1869, 

entitled " an act to define and punish bribery, 378 

233. An act regulating the appointment of guardians 

ad litem, 379 

234. An act to change the township of Lincoln county, 381 

235. An act donating the State's interest in the Fay- 

etteville & Warsaw plank road to the counties 
of Sampson and Duplin. 

236. An act to incoi-porate the Yadkin Eail Road Co., 

237. An act to amend chap. 184, laws of 1868 '69, 

entitled " an act to provide for a system of 
public instruction, 

238. An act to authorize the county commissioners of 

Harnett county, to appoint a processioner for 
said county. 

239. An act to re-enact an act in relation to a plank 

road ratified April 10th, 1869, 



349 

349 

350 

357 

357 
358 

373 

375 

377 

378 



382 
382 



387 



389 



389 



CAPTIONS. XXXIX 

Chapter. Page, 

^.^ . , ^^ ,^ r j.\ i Captions to pub- 

24:0. An act lor extending the powers ot the county Ucacts. 

connnissioners of Richmond county, 390 

241. x\n act to incorporate the Spartansburg, Cohmibus 

and Eutherford Raih'oad Company 390 

242. An act to incorporate the Asheville & Virginia 

Raih'oad Comprny, 393 

243. An act to authorize the commissioners of Harnett 

county, to levy a special tax and for otlier 
purposes, 397 

244. An act for the relief of the sheriffs of Wayne, 

Wilson and other counties, 398 

245. An act to amend sections 266, 268, 269, 270, 271, 

code of civil procedure, 399 

24:6. An act to amend the charter of the Caldwell and 

Watauga Turnpike Company, 400 

24:7. An act concerning townships in Cherokee county, 400 

248. An act to repeal an act entitled " an act to amend 

the charter of the Western Xorth Carolina 
Railroad Company, ratified August, 19th, j^ 

A. D. 1868, and for other purposes, 401 

249. An act to allow the commissioners of Camden 

county to levy a special tax, 403 

250. An act to authorize the commissioners of Caswell 

county to collect a special tax, 404 

251. An act to establish a Turnpike road from the town 

of Statesville in Iredell county, to the town of 
Mount Airy in Surry county, 404 

252. An act authorizing the commissioners of Gates 

county to levy and collect a special tax and 
approving thereof, 407 

253. An act to prevent forging and counterfeiting the 

private marks, tokens, stamps or labels of any 
manufacturer, mechanic or other person, 408 

254. An act to lay out and construct a public road 

through the counties of Wilkes and Watauga, 409 

255. An act to enable aliens to take, hold and convey 

lands, 410 



XL CAPTIONS. 

Chapter. Page. 

Captions to pub- 256. All act in relation to the public lands, 411 

lie 2iCt>& 

257. An act to amend the charter of the Planters' Rail- 

road company, and to consolidate the same 
with the Wilmington & Onslow Railroad 
company, -112 

258. All iact to authorize tlie commissioners of Franklin 

county to issue bonds, l-ll: 

259. An act to amend chap. 106, laws of ISCO and 

ISTO, 415 

260. An act to extend an act to empower the commis- 

sioner of Cumberland county to levy a special 
tax, 417 

261. An act to allow the commissioners of Columbus 

county to levy a special tax, 418 

262. An act to remove obstructions in the Pedee, Yad- 

kin and Uwharie rivers for the purpose of 
allowing shad and other fish free passage up 
said rivers, 417 

263. An act to levy a special tax for Beaufort county, 420 

264. An act to charter Newbern & "Washington Rail- 

road company, 421 

265. An act to incorporate the Oxford & Ilillsboro' 

Railroad company, 424 

266. An act to authorize S. A. Kelly, sheriff of Davie 

'^ county, to collect arrears ol taxes, 428 

267. An act to prevent the obstruction of Newport 

river in Carteret county, 429 

268. An act to amend section 14, chap. 93, laws 1868 

and 1869 relative to widows years' support, 429 

269. An act to make Deep river a lawful fence to a cer- 

i, tain extent in Randolph county, 430 

I 270. An act to transfer from the North Carolina Rail- 

f road company to the Atlantic & N. C. Rail- 

road company, and to consolidate that portion 
of North Carolina Railroad between Gcldsboro' 
I • an Raleigh with the Atlantic >Sc North Caro- 

j lina Railroad, -i-^l 



CAPTIONS. j XLi 

1 

Chapteh. Page. 

271. An act to aPow registration of deeds upon certain JJ^acS^ ^^ ^"'** 

proofs, -133 

272. An act to incorporate AValnnt Mountain Turnpike 

company, iS-i 

273. An act to incorporate the Carthage and Kandolph 

Railroad compan}-, 43G 

274. An act to lay out and construct a road in Ashe 

county, 439 

275 An act to prevent felling of trees in Caraway creek 

in Kandolph county, 441 

276. An act to repeal an act concerning constables in 

New Hanover county, ratified March 26th, 
1870, 441 

277. An act to provide a cheap chattel mortgage, 442 

278. An act to amend charter of the "Williamston and 

Tarboro' Railroad company, 443 

279. An act for the better protection of literary fund, 444 

280. An act supplemental to an act to change the 

boundary line between Edgecombe and Nash, 444 

281. An act to repeal an act to provide manner of bring- 

ing suit against Railroad companies, ratified 
April 12th, 1869, 445 

282. An act in relation to the executive mansion, the 

public lots and other property belonging to 
the state in the cit}'- of Raleigh, 445 

283. An act to change the method of appointing proxies 

and directors in all corporations in which the 
State has an interest, 447 



i Jk 



RESOLUTIONS. 



Captions to pub- Senate resolution concerning' election in 26tli Sena- 
resolutions. , -IT.. 

tonal district, 451 

Eesolution declaring vacancy in 24tli senatorial dis- 
trict, 452 
, Resolution requesting Attorney General's opinion in 
relation to State's interest in Wilmington, Charlotte 
and Rutherford Railroad Company, 452 

Joint resolution of instructions to members of Con- 
gress in relation to passage of bill introduced last ses- 
sion of Congress (now pending before that body) en- 
titled " the North Carolina Extension Company," 453 

House resolution relative to representative from Hert- 
ford county, 453 

Senate resolution to print copies of treasurer's report, 454 

Eesolution of instruction to senators and representa- 
tives in Congress relative to residue of tax on real 
estate, 454 

Resolution requiring treasurer to furnish statistics of 
expenses of late military movement, 454 

Resolution of enquiry concerning seat of representative 
from Bladen county, 455 

House resolution ordering joint committee on print- 
ing to have treasurer's report printed, 455 

Joint resolution to raise committee on constitutional 
reform, 456 

Resolution concerning joint committee on 2)er diem and 
mileage, 456 

Resolution in favor of George B. McCotter, tax collec- 
tor Pitt county, 457 

Resolution in favor of sheriffs of Northampton and 
Wilkes counties, 457 

Senate resolution in regard to soldiers of 1812, . 458 



CAPTIONS. XLin 

Page. 

Eesolution to print ionrnals of Seratc and House ot Captions to pub- 

■^ ' lie resolutions. 

Eepresentatives, 459 

Resolution relating to disabilities of Z. B. Yance, 459 

Senate resolution concerning election in 2Gtli Senato- 
rial district, 459 

Resolution providing for inipeacliment of "William 
W. Holden. ^ 461 

House resolution appointing committee on impeach- 
ment, 4G1 

Honse resolution of enquiry concerning alleged im- 
pro]X3r expenditures of public money, 461 

Resolution for relief of sherifi' of Moore county, 462 

Resolution in regard to George W. Swepson and Milton 
S. Littlefield, 463 

Resolution to raise joint committee on contingent ex- 
penses, 464 

Resolution requesting secretaiy of state to furnish ccr- 
fied copies of laws, 464 

Resolution in reference to act concerning Western 
Division of Western N". C. railroad, ratified March 
24th, 1S70, 465 

Resolution instructing members of congress concerning 
bankrupt law, 465 

Resolution for relief of sheriff of Alamance county, 466 

Resolution asking aid of congress in creating literary 
fund, - - ... ^^^ 

Resolution concerning internal revenue on tobacco and 

spirituous liquors, 468 

Resolution instructing governor to offer a reward for 

arrest of M. S. Littlefield, 46S 

Resolution in favor of Sheriff of Stokes county, 468 

Resolution concerning letter-book and correspondence 

of Gov. W. W. Holden, 469 

Hesolution in favor of sheriff of Jackson county, 469 

Resolution in favor of sheriff of Columbus county, 470 

iSenatc resolution to pay travelling expenses of A. C. 

Cowles, 471 



xLiv CAPTIONS. 

)/ Page-. 

Captions to pub- Resolution instructing treasurer not to pay certain 

lie resolutions. , . _., 

warrants, 4 « 1 

Eesolution in regard to disabilities of Hon. A.M. AVad- 
dell and Sion H. Rogers, 411 

Resolution in regard to pages, 472 

Resolution in favor of Ilenrj'^ ^iggs, 4:72. 

Resolution to pay commissioners and clerks tor services 
in Granville and Person contested election, 473. 

Resolution in favor of employees by clerks and door- 
keepers, 473» 

Resolution in favor of William Smith, 473. 

Joint resolution appointing committee to ascertain debt 
of state, 474 

Resolution in regard to printing, 475-. 

Resolution instructing senators and requesting represen- 
tatives to urge general amnesty, 475. 
Resolution requesting members of congress to solicit 

appropriations for Cape Fear and Pamlico, 476- 

Joint resolution concerning assistants for doorkeepers, 477 
Resolution in relation to payment of assistant door- 
keepers, 477 
Resolution in favor of sheriff of Tyrrell county, 47& 
Resolution to enquire into sale of state's stock in Cape 

Fear navigation company, 478 

Resolution in favor of Alexander M. Turner, 479 

Resolution in favor of Edward F. Underhill, 470 

Resolution in favor of W. P. Batclielor, 479 

Resolution in favor of Jefferson Hinton, " 480 

Joint resolution concerning canal from Waccamaw to 

Little river, S. C, 480' 

Resolution in favor of James II. Moore, public printer, 481 
Resolution for relief late sheriff of Robeson, 481 

Resolution in favor of sheriff of Harnett county, 481 

Resolution in favor of W.'J. A. Strange, of Cherokee 

county, 482 

Resolution in favor of sheriff of Bladen county,, 483 



CAPTIONS. XLv 

Page. 
Pwesolution to publish a certain act, 483 {^JP.esXtionf'^''' 

Kesolntion in favor of Erasmus D. Haynes, 484 

Hesolution in tavor of Wm. W. & Daniel M. Watts, 484 
Kesolntion in favor of James II. Enniss, 485 ^ 

Hesolution to examine accounts of public treasurer, 485 
Hesolution to print act in relation to lees of county 

officers and supreme court clerk, J 485 

Resolution to provide for deficit in treasury, 486 

Hesolution in favor of junior slieiift' of Now Hanover 

county, 487 

Resolution raising committee to enquire into conduct of 

John Pool, IT. S, Senator. 487 

Resolution in favor of late sheriff of Rockingham county, 490 
Hesolution in fivor of John Crisp of Macon county, 491 
Resolution authorizing enrolling clerk to employ assis- 
tance, 491 
Hesolution in favor of Hon. F. N. Strudwick, 492 
Resolution in favor of Mrs. Jane Hinton, 492 
Resolution in favor of Geo. "W". & B. K. Dickey, 493 
Hesolution authorizing principal clerk of the house to 

employ additional assistance, 493 

Hesolution concerning centennial anniversary of Amer- 
ican independence, 493 
•Joint resolution on adjournment, 495 
Hesolution in relation to investigation of sale of state's 

interest in Cape Fear navigation company, 495 

Resolution in favor of John O'Connor, 496 

Hesolution for relief of B. W. Parten, of Haywood 

county, 495 

Resolution in favor of Patrick McGowan, 497 

Hesolution in favor of Henry Bigg.s, 497 

Resolution in fivor of Xazra Hinton and Ransom Har- 
rison, 497 
Hesolution to pay certain witnesses in late imi)eacli- 

racnt trial, 49 S 

Hesolution in favor of S. Jones, 498 

Hesolution in favor of Burgess Montgomery, 499 



XLvi CAPTIONS. 

Page^ 

Captions to pub- Kesolution for relief of sheriff of "Wake county, and 
lie resolutions, , ^ -^ ' 

shei-iff of Jackson county, 499 

Resolution in relation to public U. S. buildings, at 

Newbern, 500- 

Ttesolution concerning recent action ot the governor, 

chief justice and certain associate judges of supreme 

court, 501 

Resolution in relation to Buckhorn chapel, in Hertford 

county, 502 

Resolution in favor of Geo. McCotcer, tax collector in 

Pitt county, 50o 

Resolution in tavor of J. L. Harrison, 50i 

Resolution in lavor of sheriffs in certain cases, 504 

Resolution in favor of John S. McMill, Geo. McRay 

and others, 504 

Resolution in relation to state department, 505 

Resolution in favor of James H. Enniss, 506 

Resolution for reliet of sheriff of Chatham county, 506 

Resolution in favor of A. C. Kerr, 506 

Resolution to authorize publication of act in relation to 

convicts, 50T 

Resolution in reference to the capitol, 507 

Resolution in favor of committee on the University, 50& 
Resolution concerning employees of Senate and House 

of Representatives, 508 

Resolution authorizing payment of expenses incurred 

in impeachment of Gov. W. W. Holden, 509 

Resolution authorizing engrossing clerk of senate to 

employ assistance, 509 

Resolution to provide for distribution of convention 

act, and the act in relation to salaries and fees of 

county officers, 510 

Resolution in favor of Dr. Geo. W. Blacknall, 510 

Resolution for relief of sheriff of Chatham county, 511 

Resolution to pay principal clerks of Senate and House 

of Representatives for extra services, 511 

Resolution allowing principal clerk of Senate clerical 

assistance. 512 



CONSTITUTION 



OF THE 



STATE OF NORTH CAROLINA. 



CONSTITUTION 



OF THE 



STATE OF XOKTH CAROLINA, 

Ratified by tiie people April 21st. M and 2M, 1868. 



PKEAMBLE. 

"We, the people of the State of Korth Carolina, grateful Preamble, 
to Almighty God, the Sovereign Ruler of Nations, for the 
preservation of the American Union, and the existence ot 
our civil, political and religious liberties, and acknowledging 
our dependence upon Him, for the continuance of those 
blessings to us and our posterity, do, for the more certain 
security thereof, and for the better government of this State, 
ordain and establish this Constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

That the great, general and essential principles ot liberty 
and free government, may be recognized and established, 
and that the relations of this State to the Union and ijov- 
eminent of the United States, and those of the people of this 
State to the rest of the American people, may be defined 
and affirmed, we do declare : 

Section 1. That we hold it to be self-evident that all men Tbe equality and 
are created equal ; that they are endowed by their Creator '^ *^ ™*°' 



2 COFSTITUTION OF NORTH CAKOLINA. 

with certain unalienable rights; that among these are life^ 

liberty, the enjoyment of the fruits of their own labor, and 

the pursuit of happiness. 

Political power 3^0, 2. That all political power is vested in, and derived 
and government. ^ i r ... 

from, the people ; all government of right originates from 

the people, is founded upon their will only, and is instituted 
solely for the good ot the whole. 
Internal govern- Sec. 3. That the people of this State have the inherent,, 
sole, and exclusive right of regulating the internal govern- 
ment and police thereof, and of altering and abolishing their 
Constitution and form of government, wlienever it may be 
necessary to their safetj^ and happiness ; but every such right 
should be exercised in pursuance of law, and consistently 
with the Constitution of the United States. 
That there is no Sec. 4. That this State shall ever remain a member of 
ng o secec e. ^j^^ American Union ; that the people thereot are part of the 
American nation ; that tliere is no right on the part of the 
State to secede, and that all attempts from wdiatever source 
or upon whatever pretext, to dissolve said Union, or to sever 
said nation, ought to be resisted with the whole power of the 
State. 
Of allegiance to Sec. 5. That every citizen ot said State owes paramount 
S?nt' ^' ^°^^™" allegiance to the Constitution and Government of the Uni- 
ted States, and that no law or ordinance of the State in con- 
travention or subversion thereof can have any binding 
force. 
Public debt Sec. 6. To maintain the honor and good faith of the State 

untarnished, the public debt, regularly contracted before and 
since the rebellion, shall be regarded as inviolable and never 
be questioned ; but the State shall never assume or pay, or 
authorize the collection of, any debt or obligation, express or 
implied, incurred in aid of insurrection or rebellion against 
the United States, or any claim for the loss or emancipation 
of any slave. 
Exclusive emoiu- Sec. 7. No man or set of men are entitled to exclusive or 
ments, &c. separate emoluments or privileges from the community but 

in consideration of public services. 



CONSTITUTION OF NORTH CAROLINA. 3" 

Sec. 8. The Legislative, Executive, and Supreme judicial The Lcsisiativo, 
powers of the government ought to be forever separate and cUciai pmvcrs dis- 
distinet from each other. ^^"*^''' 

Sec. 9. All power of suspending laws, or the execution Of the power of 
of laws, by any authority, without the consent of the Rep- " * 

resentatives of the people, is injurious to their rights, and 
ought not to be exercised. 

Sec. 10. All elections ought to be free. Elections free. 

Sec. 11. In all criminal prosecutions, every man has the in crhniuai prose- 
right to be informed of the accusation against him and to 
confront the accusers and witnesses with other testimony, 
and to have counsel for his defence, and not be compelled 
to give evidence against himself, or to pay costs, jail fees, 
or necessary witness fees of the defence, unless found guilty. 

Sec. 12. Xo person shall be put to answer any criminal Answers to crimi- 
charge, except as hereinafter allowed, but by indictment, 
presentment, or impeachment. 

Sec. 13. IN^o person shall be convicted of any crime but Ri^^ht of jury. 
l:)y the unanimous verdict ot a jury of good and lawful men 
in open court. The Legislature ma}^, however, ])rovide 
other means of trial for petty misdemeanors, with the right 
of appeal. 

Sec. 1-1. Excessive bail should not be required, nor exces- Excessive bail, 
sive lines imposed, nor cruel or unusual punishments in- 
flicted. 

Sec. 15. General warrants, whereby any officer or mes- General warrants. 
senger may be commanded to search suspected places, with- 
out evidence of the act committed, or to seize any person or 
persons not named, whose offence is not particularly de- 
scribed and supported by evidence, are dangerous to liberty 
and ought not to be granted. 

Sec. 16. There shall be no imprisonment for deljt in this imprisonment for 
State, except in cases of fraud. 

Sec. 17. No person ought to be taken, imprisoned ordis- No person to be 
seized of his freehold, liberties or privileges, or outlawed, or byiawoftiieiaud 
exiled, or in any manner deprived of his life, liberty, or 
jtroperty, but by the law of the land. 



CONSTITUTION OF NORTH CAROLINA. 



Persons re- 
strained of lib- 
erty. 



Controversies at 
law respecting 
propert}'. 



Freedom of the 
press. 



Habeas corpus. 



Property qualifi- 
cation. 



Eepresentation 
and taxation, 



Mnitia, and the 
right to bear arms 



Sight of the peo- 
ple to assemble 
together. 



Beligious liberty. 



Sec. 18. Every person restrained of his liberty is entitled 
to a remedy to enquire into the lawfulness thereof, and to 
remove the same, if nnlawful ; and such remedy ought not 
to be denied or delayed. 

Sec. 19. In all controversies at law respecting property, 
the ancient mode of trial by jury is one of the best securi- 
ties of the rights of the people, and ought to remain sacred 
and inviolable. 

Sec. 20. The freedom of the press is one of the great 
bulwarks of liberty, and therefore ought never to be re- 
strained, but every individual shall be held responsible for 
the abuse of the same. 

Sec. 21. The privilege of the writ of habeas co'/'pus shall 
not be suspended. 

Sec. 22. As political rights and privileges are not depen- 
dent upon, or modified by property, therefore no property 
qualification ought to affect the right to vote or hold office. 

Sec. 23. The people of this State ought not to be taxed, 
or made subject to the payment of any impost or duty, 
without the consent of themselves, or their representatives 
in General Assembly, freely given. 

Sec. 2-1. A well regulated militia being necessary to the 
security of a free State, the right of the people to keep and 
bear arms shall not be infringed ; and, as standing armies, 
in time of peace, are dangerous to liberty, they ought not 
to be kept up, and the military should be kept under strict 
subordination to, and governed by, the civil power. 

Sec. 25. The people have a right to assemble together to 
consult for their common good, to instruct their represen- 
tatives, and to apply to the Legislature for redress of griev- 
ances. 

Sec. 26. All men have a natural and unalienable right to 
worship Almighty God according to the dictates of their 
own consciences, and no human authority should, in any 
case whatever, control or interfere with the rights of con- 
science. 



CGNSTITUTION OF XORTII CAROLLS'A. ^ 

Sec. 27. The people have a right to the privilege of edn- Education. 
cation, and it is the duty of the State to guard and maintain 

'sec.''2S* For redress of grievances, and for amending and ^lecUons^shou^^ 
strengthening the laws, elections should be often held. 

Sec. 20. A frequent recurrence to fundamental principles f^^^^^^^,^^^^^^ 
is absolutely necessary to preserve the blessings ot liberty, cipies. 

Sec. 30. Ko hereditary emoluments, privileges, or honors, ^^S^.^^^^'- 
ouo-ht to be granted or conferred in this State. 

Sec. 31. Perpetuities and monopolies are contrary to the Perpetuities, &c 
genius ot a free State, and ought not to be allowed. 
"^ Sec. 32. Retrospective laws, punishing acts committed f^^.J^'* ^"'^^ 
before the existence of such laws, and by them only declared 
criminal, are oppressive, unjust and incompatible with lib- 
erty, wherefore no ex post facto law ought to be made. No 
law taxing retrospectively, sales, purchases, or other acts 
previously done, ought to be passed. 

Sec. 33. Slavery and involuntary servitude, otherwise slavery prohibi- 
than for crime whereof the parties shall have been duly con- 
victed, shall be, and are hereby forever prohibited within 

this State. 

Sec. 34. The limits and boundaries of the State shall be state boundanes. 

and remain as they now are. 

Sec. 35. All courts shall be open, and every person for an ^°,°^%t ^^ 
injury done him in his lands, goods, person, or reputation, 
shall have remedy by due course of law, and right and justice 
administered without sale, denial, or delay. 

Sec. 36. No soldier shall in time of peace, be quartered Soi^^f/jn time 
in any house without the consent of the owner ; nor in time 
ol war, but in a manner prescribed by law. 

Sec. 37. This enumeration of rights shall not be construed gjjpcop^i^® ° 
to impair or deny others, retained by the people ; and all 
powers, not herein delegated, remain with the people. 



.6 



CONSTITUTION OF NOKTH CAROLIXA. 



AKTICLE II. 



LEGISLATIVE DEPARTMENT, 



Two branches. 



Time of assem- 
bling. 



Number of Sena- 
tors. 



Senatorial dis- 
iricts. 



Section 1. The Legislative anthority shall be vested in 
two distinct branches, both dependent on the people, to wit : 
a Senate and House of Representatives. 

Sec. 2. The Senate and House of Eepresentatives shall 
meet annually on the third Monday in November, and when 
assembled, shall be denominated the General Assembly. 
jSTeither House shall proceed upon public business, unless a 
majority of all the members are actually present. 

Sec. 3. The Senate shall be composed of fifty Senators 
biennially chosen by ballot. 

Sec 4. Until the first session of the General Assembly 
which shall be had after the year eighteen hundred and 
seventy-one, the Senate shall be composed of members elec- 
ted from districts constituted as follows : 

1st District — Perquimans, Chowan, Pasquotank, Curri- 
tuck, Gates and Camden shall elect two Senators. 

2d District — Martin, Washington and Tyrrell shall elect 
one Senator. 

3d District — Beaufort and Hyde shall elect one Senator. 

4th District — JSTorthampton shall elect one Senator. 

5th District — Bertie and Hertford shall elect one Senator. 

6th District — Halifax shall elect one Senator. 

Ttli District — Edgecombe shall elect one Senator. 

8th District — Pitt shall elect one Senator. 

9th District — Nash and Wilson shall elect one Senator. 

10th District— Craven and Carteret shall elect two Sen- 
tors. 

11th District — Jones and Lenoir shall elect one Senator. 

12th District — Duplin and Onslow shall elect one Senator. 

13th District — Brunswick and New Hanover shall elect 
two Senators. 

14th District — -Bladen and Columbus shall elect one 
.Senator. 

15th District — Robeson shall elect one Senator. 



CONSTrrUTION OF NORTH CAKOLINA. 

ICtli District — Cumberland, Harnett and Sampson shall Senatorial dis- 
elect two Senators. 

ITth District — Johnston shall elect one Senator. 

ISth District — Greene and "Wayne shall elect one Senator. 

19th District — Franklin and Wake shall elect two Sen- 
ators. 

20th District — Warren shall elect one Senator. 

21st Distnct — Granville and Person shall elect two Sen- 
ators. 

22d District — Orange shall elect one Senator. 

23d District — Chatham shall elect one Senator. 

24:th District — Caswell shall elect one Senator. 

25th District — Rockingham shall elect one Senator. 

26th District — Alamance and Guilford shall elfect two 
Senators. 

27th District — Randolph and Montgomery shall elect one 
Senator. 

2Sth District — Moore and Richmond shall elect one Sen- 
ator. 

29th District — Anson and Union shall elect one Senator. 

30th District — Mecklenburg shall elect one Senator. 

31st District — Cabarrus and Stanly shall elect one Sen- 
ator. 

32d District — Davie and Rowan shall elect one Senator. 

33d District — Davidson shall elect one Senator. 

34th District — Forsythe and Stokes shall elect one Sen- 
ator. 

35th District — Surry and Yadkin shall elect one Senator. 

3Gth District — Alexander and Iredell shall elect one Sen- 
ator. 

37th District — Catawba, Gaston and Lincoln shall elect 
one Senator. 

38th District — Cleveland, Polk and Rutherford shall elect 
one Senator. 

39th District — Alleghany, Ashe and Wilkes shall elect 
one Senator. 

40th District — Buncombe, Henderson and Transylvania 
ehall elect one Senator. 
4* 



O CONSTITUTION OF NORTH CAROLINA. 

SeBftt«riai dis- 41st District — Burke, Caldwell and Watausra shall elect 

tiicte. „ '- 

one Senator. 

42d District — Madison, Mitchell, McDowell and Yancey 
shall elect one Senator. 

43d District — Clay, Cherokee, Haywood, Jackson and 
Macon shall elect one Senator. 

Sec. 5. An enumeration of the inhabitants of the State 
Stwn*to°d58trict- shall be taken under the direction of the General Assembly 
S«ma^s^^*^ ^^^ ^^ *^® y^^^ ^^® thousand eight hundred and seventy-five, 
and at the end of every ten years thereafter ; and the said 
Senate Districts shall be so altered by the General Assembly, 
at the first session after the return of every enumeration 
taken as aforesaid, or by order of Congress, that each Senate 
District shall contain, as nearly as may be, an equal number 
of inhabitants, excluding aliens and Indians not taxed, and 
shall remain unaltered until the return of another enumera- 
tion, and shall at all times consist of contiguous territor}'' ; 
and no county shall be divided in the formation of a Senate 
District, unless such county shall be equitably entitled to two 
or more Senators. 
Relations in re- Sec. 6. The House of Kepresentativcs shall be composed 
tionment of Kep- of One hundred and twenty Representatives, biennially 
resentatiTcs. chosen by ballot, to be elected by the counties respectively, 
according to their population, and each county shall have 
at least one Representative in the House of Representatives, 
although it may not contain the requisite ratio of represen- 
tation ; this apportionment shall be made by the General 
Assembly at the respective times and periods when the 
districts for the Senate are hereinbefore directed to be laid off. 
Ratio of represen- Sec. 7. In making tht apportionment in the House of 
Representatives, the ratio of representation shall be ascer- 
tained by dividing the amount of the population of the 
State, exclusive of that comprehended within those counties 
which do not severally contain the one hundred and twen- 
tieth part of the population of the State, by the number of 
Representatives, less the number assigned to such counties ; 
and in ascertaining the number of the population of the 
State, aliens and Indians not taxed shall not be included. 



CONSTITUTION OF NOETH CAROLINA. 9 

I 

To each county containing the said ratio and not twice the j 

said ratio, there shall be assigned one Eepresentative ; to \ 

each county containing twice but not three times the said ■ 

ratio, there shall be assigned two Representatives, and so on 

progressively, and then the remaining Representatives shall 

be assigned severally to the counties having the largest 

fractions. , 

Sec. 8. Until the General Assembly shall have made the Apportionment of \ 
apportionment as hereinbefore provided, the House of Rep- ^"P""*^^^*^^"- \ 
resentatives shall be composed of members elected from the ! 
counties in the following manner, to-wit : i 
The County of Wake shaU elect four members ; the I 
counties ot Craven, Granville, Halifax and New Hanover ' 
shall elect three members each; the Counties of Caswell, , 
Chatham, Cumberland, Davidson, Duplin, Edgecombe, ; 
Frankhn, Guilford, Iredell, Johnston, Mecklenburg, North- j 
ampton. Orange, Pitt, Randolph, P^beson, Rockingham, 1 
Rowan, Warren and Wayne shall elect two members each ; j 
the Counties ot Alamance, Alexander, Alleghany, Anson, ! 
A^he, Beaufort, Bertie, Bladen, Brunswick, Buncombe, j 
Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, ; 
Cherokee, Chowan, Clay, Cleavland, Columbus, Currituck, ' 
Davie, Porsythe, Gaston, Gates, Green, Harnett, Hender- 
son, Haywood, Hertford, Hyde, Jackson, Jones, Lenoir, 
Lincoln, Macon, Madison, Martin, McDowell, Mitchell, I 
Montgomery, Moore, Nash, Onslow, Pasquotank, Perqui- 
mans, Person, Polk, Richmond, Rutherford, Sampson, ; 
Stanly, Stokes, Surry, Trannsylvania, Tyn-ell, Union, ^ 
Washington, Watauga, Wilkes, Wilson, Yadkin and ! 
Yancey shall elect one member each. ^ 

Sec. 9. Each member of the Senate shall be not less than Quaiificatioo ot 

twenty-five years of age, shall have resided in the State as ^'''^°'"'" j 

a citizen two years, and shall have usually resided in the ' 

District for which he is chosen, one year immediately pre- \ 
ceding his election. 

Sec. 10. Each member of the House of Representatives Qualification for ^ 

shall be a qualified elector of the State, and shall have resi- ^"P^"'^"^""^''- ; 



10 



CONSTITDTION OF NORTH CAROLINA. 



Election of offi- 
cers. 



Powers in relation 
to divorce and alli- 
mony. 



Private laws in re- 
lation to names of 
persons, «fcc. 



Thirty days' no- 
tice shall be given 
anterior to pas- 
sage of private 
laws. 



Vacancies. 



Revenue. 



Entails. 



ded in the coimtj for which he is chosen, for one year im- 
mediately preceding his election. 

Sec. 11. In the election of all officers, whose appoint- 
ment shall be conferred upon the General Assembly by the 
Constitution, the vote shall be viva voce. 

Sec. 12. The General Assembly shall have power to pass 
general laws regulating divorce and alimony, but shall not 
have power to grant a divorce or secure alimony in any indi- 
vidual case. 

Sec. 13. The General Assembly shall not have power to 
pass any private law to alter the name of any person, or to 
legitimate any person not born in lawful wedlock, or to 
restore the rights ot citizenship to any person convicted of 
an infamous crime, but shall have power to pass general 
laws regulating the same. 

Sec. 14. The General Assembly shall not pass any pri- 
vate law, unless it shall be made to appear that thirty days' 
notice of application to pass such law shall have been given, 
under such direction, and in such manner as shall be provi- 
ded by law. 

Sec. 15. If vacancies shall occur in the General Assembly 
by death, resignation or otherwise, writs of election shall be 
issued by the Governor under such regulations as may be 
prescribed by law. 

Sec. 16. !N"o law shall be passed to raise money on the 
credit of the State, or to pledge the faith of the State di- 
rectly or indirectly for the payment of any debt, or to im- 
pose any tax upon the people of the State, or to allow the 
Counties, Cities or Towns to do so, unless the bill for the 
purpose shall have been read three several times in each 
House of the General Assembly, and passed three several 
readings, which readings shall have been on three different 
days, and agreed to by each house respectively, and unless 
the yeas and nays on the second and third readings of the 
bill shaU have been entered on the Journal. 

Sec. 1Y. The General Assembly shall regulate entails in 
such manner as to prev^ent perpetuities. 



coNSTrrmoN of noeth caeolina. 11 

Sec. is. Each House shall keep a Journal ot its proceed- ouraais. 
ings, which shall be printed and made public immediately 
after the adjournment of the General Assembly. 

Sec. 19. Every member of either House may dissent from, protest. 
and protest against, any act or resolve, which he may think 
injurious to the public, or any individual, and have the rea- 
sons ot his dissent entered on the Journal. 

Sec. 20. The House of Representatives shall choose their officers of the 
own Speaker and other officers. House. 

Sec. 21. Tlie Lieutenant Governor shall preside in the President of the 
Senate, but shall have no vote, unless it may be equally 
divided. 

Sec. 22. The Senate shall choose its other officers and also otter Senatorial 
a Speaker {pro tempore) in the absence of the Lieutenant 
Governor, or when he shall exercise the officer of Governor. 

Sec. 23. The style of the acts shall be, " The General style of the acts. 
Assembly of North Carolina do enact." 

Sec. 24. Each House sliall be judge of the qualifications Powers of the 
and elections of its own members, shall sit upon its own ^"^'"^ *^®™ ^ 
adjournment from day to day, prepare bills to be passed into 
laws, and the two Houses may also jointly adjourn to any 
future day, or other place. 

Sec. 25. All bills and resolutions of a legislative nature BiUs and resoiu- 
shall be read three times in each House, before they pass three timee, »fec. 
into laws ; and shall be signed by the presiding officers of 
both Houses. 

Sec. 26. Each member of the General Assembly, before Oath for members 
taking his seat, sliall take an oath or affirmation that he will 
support the Constitution and laws of the United States, and 
the Constitution of the State of North Carolina, and will 
faithfully discharge his duty as a member of the Senate or 
House of Eepresentatives. 

Sec. 27. The terms of office for Senators and members of Terms of office, 
the House of Eepresentatives shall commence at the time of 
tlieir election ; and the term of office of those elected at the 
first election held under this Constitution shall terminate at 
the same time as if they had been elected at the first ensuing 
regular election. 



12 



CONSTITUTION OF NORTH CAEOLINA. 



Teas and naye. 



Election for mem- 
bers of the Gen- 
eral Assembly. 



Sec. 28. Upon motion made and seconded in eitlieir 
House, by one-fifth of the members present, the yeas and 
nays upon any question shall be taken and entered upon the 
Journals. 

Sec. 29. The election for members of the General Assem- 
bly shall be held for the respective Districts, and Counties, 
at the places where they are now held, or may be directed 
hereafter to be held, in such manner as may be prescribed 
by law, on the first Thursday in August, in the year one 
thousand eight hundred and seventy, and every two years 
thereafter. But the General Assembly may change the 
time of holding the elections. The first election shall be 
held when the vote shall be taken on the ratification of this 
Constitution by the voters ot the State, and the General 
Assembly then elected shall meet on the fifteenth day after 
the approval thereof by the Congress of the United States, 
if it fall not on Sunday, but if it shall so fall, then on the 
next day thereafter ; and the members then elected shall 
hold their seats until their successors are elected at a regular 
election. 



ARTICLE III. 



EXECUTIVE DEPAETMENT. 



Officers Of the Es- 
ecntive Depsjt- 
ment. 



Section 1. The Executive Department shall consist of a 
Governor, (in whom shall be vested the Supreme executive 
power of the State) a Lieutenant Governor, a Secretary of 
State, an Auditor, a Treasurer, a Superintendent of Public 
"Works, a Superintendent of Public Instruction, and an 
Attorney General, who shall be elected for a term of four 
years by the qualified electors of the State, at the same time 
and places and in the same manner as members of the 
General Assembly are elected. Their term of office shall 



CONSTITirnON OF NOKTH CAKOLIKA. 1$ 

commence on the first day of January next after their elec- Torm ot office. 

tion, and continue until their successors are elected and 

qualified : Provided., That the officers first elected shall 

assume the duties of their office ten days after the approval 

of this Constitution by the Congress of the United States, 

and shall hold their offices four years from and after the first 

day of January, 1S69. 

Sec. 2. No person shall be eligible as Governor or Lieu- Qualifioatioos of 
tenant Governor, unless he shall have attained the age of Lieu^t^nnt Gov- 
thirty years, shall have been a citizen of the United States ®^"^* 
five years, and shall have been a resident of this State f®r 
two years next before the election ; nor shall the person 
elected to either of these two offices be eligible to the same 
office more than four years in any term of eight years unless 
the office shall have been cast upon him as Lieutenant 
Governor or President of the Senate. 

Sec. 3. The return of every election for officers of the Returns of dec- 
Executive Department shall be sealed up and transmitted 
to the seat of government by the returning officers, directed 
to the Speaker of the House of Representatives, who shall 
open and publish the same in the presence of a majority of 
the members of both Houses of the General Assembly. The 
persons having the highest number of votes respectively, 
shall be declared duly elected ; but if two or more be equal 
and highest in votes for the same office, then one of them 
shall be chosen by joint-ballot of both Houses of the Gene- 
ral Assembly. Contested elections shall be determined by 
a joint vote of both Houses of the General Assembly, in 
such manner as shall be prescribed by law. 

Sec. 4, The Governor, before entering upon the duties of oath of office f#r 
his office, shall, in the presence of the members of both ^^^^°*"- 
branches of the General Assembly, or before any Justice of 
the Supreme Court, take an oath or affirmation, that he will 
support the Constitution and laws of the United States and 
of the State ot IS'orth Carolina, and tliat he will faithfully 
perform the duties appertaining to the office of Governor to 
which lie has been elected. 



14 



CONSTITUTION OF NORTH CAROLINA. 



Duties of the Gov- 
ernor. 



Reprieves, com- 
mutations and 
pardons. 



Annual reports 
from officers of 
Executive De- 
mrtment and of J 
Public institu- 
tions. 



Commander-in- 
Chief. 



Extra sessions of 
General Assembly 



Officers whose ap- 
pointmenta are 
not otherwise 
provided for. 



Sec. 5. The Governor sliall reside at the seat of govern- 
ment of this State, and he shall, from time to time, give the 
General Assembly information of the affairs of the State, 
and recommend to their consideration such measures as he 
shall deem expedient. 

Sec. 6. The Governor shall have power to grant reprieves, 
commutations and pardons, after conviction, for all offences, 
(except in cases of impeachment,) upon such conditions as 
he may think proper, subject to such regulations as may be 
provided by law relative to the manner of applying for par- 
dons. He shall annually communicate to the General As- 
sembly each case of reprieve, commutation, or pardon 
granted, stating the name of each convict, the crime for 
which he was convicted, the sentence and its date, the date 
of commutation, pardon, or reprieve, and the reasons therefor. 

Sec 7. The officers of the Executive Department and of 
the public institutions of the State shall, at least five day& 
previous to each regular session of the General Assembly, 
severally report to the Governor, who shall transmit such 
reports, with his message, to the General Assembly ; and 
the Governor may, at any time, require information in 
writing from the officers in the Executive Department upon 
any subject relating to the duties of their respective offices, 
and shall take care that the laws be faithfully executed. 

Sec 8. The Governor shall be Commander-in-Chief of 
the militia of the State, except when they shall be called 
into the service of the United States. 

Sec 9. The Governor shall have power, on extraordinary 
occasions, by and with the advice of the Council of State, 
to convene the General Assembly in extra session by his 
proclamation, stating therein the purpose or purposes for 
which they are thus convened. 

Sec 10. The Governor shall nominate, and by and with 
the advice and consent of a majority of the Senators elect,, 
appoint all officers whose offices are established by this. 
Constitution, or which shall be created by law, and whose: 
appointments are not otherwise provided for, and no such. 



OONSTmJTION OF NORTH CAEOLDTA. 15 

officer shall be appointed or elected by the General As- 
sembly. 

Sec. 11. The Lieutenant Governor shall be President of P^^^^es of the 

Lieutenant Gov- 

the Senate, bnt shall have no vote unless the Senate be E^^ior. 
equally divided. He shall, whilst acting as President of 
the Senate, receive for his ser^-ices the same pay which shall, 
lor the same period, be allowed to the Speaker of the House 
of Representatives ; and he shall receive no other compen- i 

sation except when he is acting as Governor. ! 

Sec. 12. In case of the impeachment of the Governor, his In case of im- ; 

/•M -i-f ^ • ^ n in I'-i-T peachmcut of 

failure to qualify, his absence from the State, his mabihty to Governor, or va- 
discharge the duties of his office, or in case the office of Gov- death or resigna- ' 

ernor shall in anywise become vacant, the powers, duties 
and emoluments of the office shall devolve npon the Lieu- \ 

tenant Governor until the disabilities shall cease, or a new 
Governor shall be elected and qualified. In every case in j 

which the Lieutenant Governor shall be unable to preside I 

over the Senate, the Senators shall elect one of their own ; 

number President of their body ; and the powers, duties j 

and emoluments of the office of Governor shall devolve upon 
him whenever the Lieutenant Governor shall, for any rea- ; 

eon, be prevented from discharging the duties of such office ] 

as above pro^^ded, and he shall continue as acting Governor 
until the disabilities be removed, or a new Governor or 
Lieutenant Governor shall be elected and qualified. "When- 
ever, during the recess of the General Assembly, it shall " 
become necessar}' for a President of the Senate to adininis ! 
ter the government, the Secretary of State shall convene '. 
the Senate, that they may elect such President. ' 
Sec. 13. The respective duties of the Secretary of State, Duties of other \ 
Auditor, Treasurer, Superintendent of Public Works, Su- i 
perintendent of Public Instruction and Attorney General 
shall be prescribed by law. If the office of any of said offi- 
cers shall be vacated by death, resignation, or otherwise, it 
shall be the duty of the Governor to appoint another until , 
the disability be removed or his successor be elected and ] 
qualified. Every such vacancy shall be filled by election at i 
the first general election that occurs more than thirty days j 



16 CONSTITUTION OF NORTH CAROLINA. 



/ 



after the vacancy has taken place, and the person chosen 
shall hold the office for the remainder of the unexpired temi 
fixed in the first section of this article. 

Council of State. Sec. 14. The Secretary of State, Auditor, Treasurer, 
Superintendent of Public Works, and Superintendent of 
Public Instruction, shall constitute, ex officio^ the Council of 
State, who shall advise the Governor in the execution of his 
office, and three of whom shall constitute a quorum : their 
advice and proceedings in this capacity shall be entered in a 
journal, to be kept for this purpose exclusively, and signed 
by the members present, from any part of which any mem- 
ber may enter his dissent; and such journal shall be placed 
before the General Assembly when called for by either 
House. The Attorney General shall be, ex officio^ tlie legal 
adviser of the Executive Department. 

Compensation of gj^^^ \^^ "jhe officers mentioned in this Article shall, at 

Executive officers „ , . . 

stated periods, receive for their services a compensation to 
be established by law, which shall neither be increased nor 
diminished during the time for which they shall have been 
elected, and the said officers shall receive no other emolu- 
ment or allowance whatever. 
Seal of State. Sec. 16. There shall be a seal of the State, which shall be 

kept by the Governor, and used by him, as occasion may 
require, and shall be called " the Great Seal of the State 
of Korth Carolina." All grants and commissions shall be 
issued in the name and by the authority of the State of 
North Carolina, sealed with " the Great Seal of the State," 
signed by the Governor and countersigned by the Secretary 
of State. 
Bureau of statis- Sec. 17. There shall be established in the office of Secre- 
and itfmS-ation. tary of State, a Bureau of Statistics, Agriculture and Immi- 
gration, under such regulations as the General Assembly 
may provide 



CONSTITUTION OF NOETH CAROLINA. " 17 



AETICLE lY. 



JUDICIAL DEPAETMENT. 

Section 1. The distinctions between actions at law and Abolishes the dis- 
tinction Between 
suits in equity, and the forms of all such actions and suits actions at law and 

shall be abolished, and there shall be in this State but one 

form of action, for the enforcement or protection of private 

rights or the redress of private wrongs, which shall be 

denominated a ci"\'il action ; and every action prosecuted bv 

the people of the State as a party, against a person charged 

with a public offence, for the punishment of the same, shall 

be termed a criminal action. Feigned issues shall also be Feigned issues 

. .1, 1 //^ 1 abolished. 

abolished, and the fact at issue tried by order of Court be- 
fore a jury. 

Sec. 2. Three Commissioners shall be appointed by this ^jf^J^y^^oJ 
Convention to neport to the General Assembly at its first thre« Commis- 

eioners. 

session after this Constitution shall be adopted by the peo- 
ple, rules of practice and procedure in accordance with the 
provisions of the foregoing section, and the Convention 
shall provide for the Commissioners a reasonable compensa- 
tion. 

Sec. 3. The same Commissioners shall also report to the Code of law. 
General Assembly as soon as practicable, a code of the law 
of North Carolina. The Governor shall have power to fill 
All vacancies occurring in this Commission. 

Sec. 4. The Judicial power of the State shall be vested in Di\i6ion of Judi- 
A Court for the trial of Impeachments, a Supreme Court, 
Superior Courts, Courts of Justices of the Peace, and Spe- 
cial Courts. 

Sec. 5. The Court for the trial of Impeachments shall be Trial court of im 
the Senate. A majority of tlie members shall be necessary 
to a quorum, and the judgement shall not extend beyond 
removal from, and disqualification to hold office in this State ; 
but the party shall be liable to indictment and punishment 
according to law. 



18 



CONSTTrUTION OF NORTH CAKOLUSTA. 



Impeachment. 



Treason against 
the State. 



Five Supreme 
Court Justices. 



Terms of the Su- 
I^reme Court. 



Jurisdiction of 
Supreme Court. 



Claims against the 
State. 



Twelve Judicial 
Districts for Su- 
perior Courts. 



Api)ortionment 
of said districts. 



Sec. 6. The House of Representatives solely shall have 
the power of impeaching. No person shall be convicted 
without the concurrence of two-thirds of the Senators pre- 
sent. When the Governor is impeached, the Chief Justice- 
shall preside. 

Sec. 7. Treason against the State shall consist only in 
levying war against it or adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same- 
overt act, or on confession in open court. No conviction of 
treason or attainder shall work corruption of blood or forfei- 
ture. 

Sec. 8. The Supreme Court shall consist of a Chief Jus- 
tice and four Associate Justices. 

Sec. 9. There shall be two terms of the Supreme Court 
held at the seat of government of the State in each year, 
commencing on the first Monday in January, and first Mon- 
day in June, and continuing as long as the public interests 
may require. 

Sec. 10. The Supreme Court shall have jurisdiction to re- 
view, upon appeal, any decision of the Courts below, upon 
any matter of law or legal inference ; but no issue of fact 
shall be tried before this Court ; and the Court shall have 
power to issue any remedial writs necessary to give it a gen- 
eral supervision and control of the inferior Courts. 

Sec. 11. The Supreme Court shall have original jurisdic- 
tion to hear claims against the State, but its decisions shall 
be merely recommendatory ; no process in the nature of ex- 
ecution shall issue thereon ; they shall be reported to the next 
session of the General Assembly for its action. 

Sec. 12. The State shall be divided into twelve judicial 
Districts, for each of which a Judge shall be chosen, who 
shall hold a Superior Court in each county in said District at 
least twice in each year, to continue for two weeks, unless 
the business shall be sooner disposed of. 

Sec. 13. Until altered b,y law, the following shall be the 
Judicial Districts : 



COXSTITrXION OF KOETH CAEOLIXA. 19 

First District— Currituck, Camden, Pasquotank, Per- fa?rdisSr*°* 
quimans, CboTran, Gates, Hertford, Bertie. 

Second District — Tyrrell, Hyde, "Washington, Beaufort, 
Martin, Pitt, Edgecombe. 

Third District — Craven, Carteret, Jones, Greene, Onslow, 
Lenoir, "Wayne, "Wilson. 

Fourth District — Brunswick, New Hanover, Duplin, Co- 
lumbus, Bladen, Sampson, Bobeson. 

Fifth District — Cumberland, Harnett, Moore, Eichmond, 
Anson, Montgomery, Stanly, Union. 

Sixth District — Northampton, "Warren, Halifax, "Wake, 
Nash, Franklin, Johnston, Granville. 

Seventh District — Person, Orange, Chatham, Bandolph, 
Guilford, Alamance, Caswell, Eockingham. 

Eighth District — Stokes, Forsythe, Davidson, Eowan, 
Davie, Yadkin, Surry. 

Ninth District — Catawba, , Cabarrus, Mecklenburg, Lin- 
coln, Gaston, Cleveland, Eutheriord, Polk. 

Tenth District — L-edell, "Wilkes, Burke, Alexander, Cald- 
well, McDowell. 

Eleventh District — Alleghany, Ashe, "Watauga, Mitchell, 
Yancey, Madison, Buncombe. 

Twelfth District — Henderson, Transylvania, Haywood, 
Macon, Jackson, Clay, Cherokee. 

Sec. 1-i. Every Judge of a Superior Court shall reside in Residences of 
his District while holding his office. The Judges may ex- ciai "terms of 

cotirtis 

change Districts with each other with the consent of the 
Governor, and the Governor, for good reasons, which he 
shall report to the Legislature at its current or next session, 
may require any Judge to hold one or more specified terms 
of said Courts in lieu of the Judge in whose District they are. 

Sec. 15. The Superior Courts shall have exclusive original Original jurisdic- 

■..-,.,. -• n • •! i- 1 r 1 • • • 1 tion of the Su- 

junsdiction oi all civil actions, whereoi exclusive original perior Courts. 
jurisdiction is not given to some other Courts ; and of all 
criminal actions in which the punishment may exceed'a fine 
of fifty dollars or imprisonment for one month. 

Sec. 16. The Superior Courts shall have appellate juris- Appellate juris- 
diction of all issues of law or fact, determined by a Probate 



20 CONSTITUTION OF NORTH CAROLINA. 

Judge or a Justice of tlie Peace, where the matter in con- 
troversy exceeds twenty-live doHars, and of matters of la»w 
in all cases. 
Jurisdiction of gj;^. 17. The Clerks of the Superior Courts shall have 

Superior Court ■■■ 

Clerks. jurisdiction of the probate of deeds, the granting of letters 

testamentary and of administration, the appointment of 
guardians, the apprenticing of orphans, to audit the accounts 
of executors, administrators and guardians, and of such 
other matters as shall be prescribed by law. All issues of 
fact joined before them shall be transferred to the Superior 

Rio-iit of appeal, (^^uj-t^ for trial, and appeals shall lie to the Superior Courts 
from their judgments in all matters of law. 

In case of waiver Sec. 18. In all issues of fect, joined in any Court, the 
parties may waive the right to have the same determined 
by jury, in which case the finding of the Judge upon the 
facts shall have the force and effect of a verdict of a jury. 

Special courts in Sec 19. The General Assembly shall provide for the 

cities. . "^ ■* 

establishment of Special Courts, for the trial of misde- 
meanors, in Cities and Towns, where the same may be 
necessary. 
Clerk of Supreme Sec. 20, The Clerk of the Supreme Court shall be 

Court 

appointed by the Court, and shall hold his office for eight 
years. 

Eieetion of Supe- Sec. 21. A Clerk of the Superior Court for each County 
shall be elected by the qualified voters thereof, at the time 
and in the manner prescribed by law for the eieetion of 
members of the General Assembly. 

Tlewn of office. Sec 22. Clerks of the Superior Courts shall hold their 

ofBces for four years. 

Fees, salaries and Sec. 23. The General Assembly shall prescribe and regu- 
late the fees, salaries and emoluments of all officers provided 
for in this Article ; but the salaries of the judges shall not 
be diminished during their continuance in office. 

What laws ape and ggc. 24. The laws of ;N"orth Carolina, not repugnant to 
this Constitution, or to the Constitution and laws of the 
United States, shall l^e in force until lawfully altered. 



CONSTITUTION OF NORTH CAEOLINA. 21 

Sec. 25. Actions at law, and suits in equity, pendine: Disposition of ae- 
when this Constitution sliall go into eiiect, snail be trans- suits iu equity 

, ,, , „ ^, . ..,.,. , - ., , pcndlnixwhcntliis 

lerred to the Courts iiaving jurisdiction thereof, without constitution shall 
prejudice by reason of the change, and all such actions and ^ ° o cc , 
suits, commenced before, and pending at, the adoption by 
the General Assembly, of the rules of practice and procedure 
herein provided lor, shall he heard and determined, accord- 
ing to the practice now in use, ..nless otherwise provided for 
by said rules. 

Sec. 26. The Justices of the Supreme Court shall be Election, terms of 

1 111 ^-n ^ !• ^ c\ • • -i ^ Otfice, &C., ©f Su- 

elected by the qualmed voters oi the State, as is provided preme and Supe- 
for the election of members of the General Assembly. They "*^ °° °^®*? 
shall hold their oifices for eight years. The Judges of the 
Superior Courts shall be elected in like manner, and shall 
hold their offices tor eight years ; but the Judges of the Su- 
perior Courts elected at the first election under this Con- 
stitution shall, after their election, under the superinten- 
dence of the Justices oi tlie Supreme Court, be divided by 
lot into two equal classes, one of which shall hold ofhce for 
four years, the other f(ir eight years. 

Sec. 27. The General Assembly may provide b}^ law that Provision in reia- 

.1 T 1 ^ i^i c • r- . • . 1 /. 1 . T -1 tion to election of 

the Judges of the Superior Courts, instead of being elected Superior Court 

by the voters of the whole State, as is herein provided for, ^ ^^' 

shall be elected by the voters of their respective Districts. 

Sec. 28. The Superior Courts shall be, at all times, open Transaction of 
1 .1 a. ^' ^ 11 1 • •,! • ,1 • • • T . business in the 

for the transaction of all business withm their jurisdiction, Superioi- Courts. 

except the trial of issues of fact requiring a jury. 

Sec. 29. A Solicitor shall be elected for each Judicial Soijcitors for each 

Judicial D.stncL 
District by the qualified voters thereof, as is prescribed for 

members of the Greneral Arsembly, who shall hold office for 

the term of four yearn, and prosecut-e on behalf of the State, 

in all criminal actions in the Superior Courts, and advise the 

officers of justice in his District. 

Sec. 30. In each county a Sherifl' and Coroner shall be Sheriff , and Co*©- 

elected by the qualified voters thereof, as is prescribed for 

members of the General Assembly, and shall hold their 

tvffices for two years. In each township there shall be a 

Constable elected in like manner by the voters thereof, who 



22 



CONSTITUTIOiSr OF NORTH CAROLINA. 



shall hold his office for two years. When there is no Coro- 
ner in the county, the Clerk of the Superior Court for the 
County may appoint one for special cases. In case of a va- 
cany existing for any cause, in any of the offices created by 
this section, the Commissioners for the County may appoint 
to sucli office for the unexpired term. 

Vacancies, Sec. 31. All vacancies occurring in the offices provided 

for by this Article of this Constitution, shall be filled by the 
appointment of tlie Governor, unless otherwise provided for 
and the appointees shall hold their places until the next 
regular election. 

Terms of office of ^^^- ^^- The officers elected at the first election held 

der \h£A^fcie"°" ^^^^^ ^^'^^ Constitution shall hold their offices for the terms 
prescribed for them respectively, next ensuing after the next 
regular election for members of the General Assembly. 
But their terms shall begin upon the approval of this Con- 
stitution by the Congress of the United States. 

Jurisdiction of Sec. 33. The several Justices of the Peace shall have 

Justices of the , . ..,..,,. , , , . 

Peace. exclusive origmai jurisdiction under such regulations as the 

General Assembly shall prescribe, of all civil actions, 
founded on contract, wherein the sum demanded shall not 
exceed two hundred dollars, and wherein the title to real 
estate shall not be in controversy ; and of all criminal mat- 
ters arising within their counties, where the punishment 
cannot exceed a fine of fifty dollars, or imprisonment for one 
month. "When an issue of fact shall be joined before 
a justice, on demand of either party thereto, he shall cause 
a jury of six men to be summoned, who shall try the same. 
The party against whom judgment shall be rendered in any 
civil action may appeal to the Superior Court from the same, 
and, if the judgment shall exceed twenty-five dollars, there 
may be a new trial of the whole matter in the appellate 
court ; but if the judgment shall be for twenty-five dol- 
lars or less, then the case shall be heard in the appellate 
court only upon matters of law. In all cases of a criminal 
nature, the party against whom judgment is given may 
appeal to the Superior Court, where the matter shall be 
heard anew. In all cases brought before a Justice, he shall 



C0X5TITUTI0X OF KORTH CAROLINA. 23 

make a record of the proceedings, and file the same with the 
Clerk of the Superior Court for his count}*. 

Sec. 34. When the office of Justice of the Peace shall Vacancies in office 

■I'll . . r. , °f Justices, 

become vacant, otherwise than by expiration of the term, 

and in case of a failure by the voters of any District to elect, 

the Clerk of the Superior Court for the county shall appoint 

to fill the vacancy for the unexpired term. 

Sec. 35. In case the office of Clerk of a Superior Court Vacancies in office 
, 1 . 1 i , o^ Superior Couj-t 

lor a county shall become vacant otherwise than by the Clerk 
expiration oi the term, and in case of a failure by the people 
to elect, the Judge of the Superior Court for the county 
shall appoint to fill the vacancy until an election can be 
regularly held. 



AETICLE Y. 



REVENUE AifD TAXATION. 



Section 1. The General Assembly shall levy a capitation Capitation tax. 
tax on every male inhabitant of the State over twenty-one 
and under fifty years of age, which shall be equal on each, 
to the tax on property value at three hundred dollars in 
cash. The Commissioners of the several counties may Exemptions, 
exempt from capitation tax in special cases, on account of 
poverty and infirmity, and the State and county capitation 
tax combined shall never exceed two dollars on the head. 

Sec. 2. The proceeds of the State and county capitation Application of 
tax shall be applied to the purposes of education and the und*^county capita- 
support of the poor, but in no one year shall more tlian ^^^^ ^^' 
twent3'-five per cent, thereof be appropriated to the latter 
purpose. 

Sec. 3. Laws shall be passed taxing, by a uniform rule, Taxation shall be 
all moneys, credits, investments in bonds, stocks, joint- and^ad vSonMn? 
stock companies or otherwise ; and, also, all real and per- 
5 



24: 



CONSTITUTION CF NOKTH CAROLINA. 



Payment of in- 
terest on i)ublic 
debt. 



Keetriction upon 
the increase of tlic 
public debt, ex- 
cept in certain 
contino'cncies. 



Property exemp- 
tiOHS from taxa- 
tion. 



Taxes IcTicd by- 
County Commis- 
sioners. 



sonal property, according to its true \'alue in money. The 
General Assembly may also tax trades, professions, fran- 
cliises, and incomes, provided that no income shall be 
taxed when the property, from which the income is derived, 
is taxed. 

Sec. 4. The General Assembly shall, by appropriate legis- 
lation and by adequate taxation, provide for the prompt and 
regular payment of the interest on the public debt, and after 
the year 1880, it shall lay a specific annual tax upon the 
real and personal property of the State, and the sum thus 
realized shall be set apart as a sinking fund, to be devoted 
to the payment of the public debt. 

Sec. 5. Until the bonds of the State shall be at par, the 
General Assembly shall have no power to contract any new 
debt or pecuniary obligation in behalf the State, except to 
supply a casual deficit, or for suppressing invasion or insur- 
rection, unless it shall in the same bill levy a special tax to 
pay the interest annually. And the General Assembly shall 
have no power to give or lend the credit of the State in aid 
of any person, association or coi^poration, except to aid in 
the completion of such railroads as may be unfinished at 
the time of the adoption of this Constitution, or in which 
the State has a direct pecuniary interest, unless the subject 
be submitted to a direct vote of the people of the State, and 
be approved by a majority of those who shall vote thereon. 

Sec. 6. Property belonging to the State, or to municipal 
corporations, shall be exempt from taxation. The General 
Assembly may exempt cemeteries, and property held for 
educational, scientific, literary, charitable, or religious pur- 
poses; also, wearing apparel, arms for muster, household 
and kitchen furniture, the mechanical and agricultural im- 
plements of mechanics and farmers, libraries and scientific 
instruments, to a value not exceeding three hundred dollars. 

Sec. 7. The taxes levied by the Commissioners of the 
several counties for county purposes, shall be levied in like 
manner with the State taxes, and shall never exceed the 
double of the State tax, except for a special purpose, and 
with the special approval of the General Assembly. 



CONSTITUTION OP NOETH CAKOLINA. 25 

Sec. 8. Every actot the General Assembly, levying a tax, Acts icvyino; taxes 

^ * Sufliil 610.16 ODjCCl^ 

shall state the special object to which it is to be applied, and &c. 
it shall be applied to no other purpose. 



AETICLE YI. 



SUFFRAGE AND ELIGIBILITY TO OFFICE. 



Section 1. Every male person born m the United States, Qualification of i 

111, T 1 an elector. . 

and every male person who has been naturahzed, twenty- i 

one years old, or upward, who shall have resided in this 

State twelve months next preceding the election, and thirty 

days in the county in wliich he oilers to vote, shall be [ 

deemed an elector. ^ 

Sec 2. It shall be the duty of the General Assembly Resisti-ation of 

electors 

to provide, from time to time, lor the registration of all " j 

electors, and no person shall be allowed to vote without 

registration, or to register, without first taking an oath or j 

affirmation to support and maintain the Constitution and ] 

laws of the United States, and the Constitution and laws of ; 
2s^orth Carolina, not inconsistent therewith. 

Sec. 3. All elections by the people shall be by ballot, and Elections by pco- ] 

all elections by tlie General Assembly shall be viva voce. A^sembiy?"'^'^" ' 

Sec. 4. Every voter, except as hereinafter provided, shall 
be ehgible to office ; but before entering upon the discharge 

of the duties of his office, he shall take and subscribe the ' 

following oath : *' I, , do solemnly swear (or affirm) that ^'^^'' "^ °®'-"'^- i 

I will support and maintain the Constitution and laws of I 

the United States, and the Constitution and laws of Korth , | 

Carolina not inconsistent therewith, and that I will faith- , 

fully discharge the duties of my office. So help me God." ' 

Sec. 5. The following classes of persons shall be disqual- Di^ciuftiificationa j 

ified for office : First, All persons who shall deny the being " j 

of Almighty God. Second, All persons who shall have \ 



26 



CONSTITUTION OF NOKTH CAROLINA. 



been convicted of treason, perjury, or of any other infamous 
crime, since becoming citizens of the United States, or of 
corruption, or mal-praetice in office, unless such person shall 
have been legally restored to the rights of citizenship. 



AKTICLE YII. 



MUNICIPAL CORPOEATION. 



County officers. 



Duty of County 
Commissioners. 



Counties to be di- 
vided into dis- 
ia-icts. 



Said districts shall 
have corporate 
powers as Town- 
sliips. 



Officers of Town- 
filiips. 



Section 1. In each county, there shall be elected, bien- 
nially, by the qualified voters thereof, as provided for the 
election of members of the General Assembly, the following 
officers : A Treasurer, Kegister of Deeds, Surveyor and 
Five Commissioners. 

Sec. 2. It shall be the duty of the Commissioners to exer- 
cise a general supervision and control of the penal and 
charitable institutions, schools, roads, bridges, levying of 
taxes and finances of the county, as may be prescribed by 
law. The Register of Deeds shall be ex offido, Clerk of the 
Board of Commissioners. 

Sec. 3. It shall be the duty of the Commissioners first 
elected in each county, to divide the same into convenient 
Districts, to determine the boundaries and prescribe the 
names of the said Districts, and to report the same to the 
General Assembly before the first day of January, 1869. 

Sec. 4. Upon the approval of the reports provided for in 
the foregoing section, by the General Assembly, the said 
Districts shall have corporate powers for the necessary pur- 
poses of local government, and shall be known as Town- 
ships. 

Sec. 5. In each Township there shall be biennially elected, 
by the qualified voters thereof, a Clerk and two Justices of 
the Peace, who shall constitute a Board of Trustees, and 
shall, under the supervision of the County Commissioners, 



CONSTITL'TION OF NOKTH CAKOLINA. 27 

have control of tlie taxes and finances, roads and bridges of 
the Township as may be prescribed by law. The General 
Assemljly may provide for the election of a larger number 
of Justices of the Peace in Cities and Towns and in those 
Townships in which cities and towns are situated. In every 
Township there shall also be biennially elected a School 
Committee, consisting of three persons, whose duty shall be 
prescribed [by] law. 

Sec. 6. The Township Board of Trustees shall assess the Trustees shall as- 

. S6SS property. 

taxable property of their townships and make return to the 

County Commissioners, for revision, as may be prescribed 

by law. The Clerk shall also be, ex officio, Treasurer of the 

Township. 

Sec. T. Xo Coimty, City, Town, or other municipal cor- No debt or loan 
poration shall contract any debt, pledge its faith, or loan its jority of Voters, 
credit, nor shall any tax be levied, or collected by any officers 
of the same, except for the necessarj^ expenses thereof, 
unless by a vote of a majority of the qualified voters therein. 

Sec. 8. Xo money shall l)e drawn from any County or Drawing of money 
Tpwnship Treasury, except by authority of law. 

Sec. 9. All taxes levied by any County, City, Town, or Taxes to beadva- 
Township, shall be uniform and ad valorem, upon all pro- 
perty in the same, except property exempted by this Con- 
stitution. 

Sec. 10. The county officers first elected under the pro- When officers en- 
visions of this Article shall enter upon their duties ten days '^'" "^^ " ^' 
after the approval of this Constitution by the Congress of 
the United States. 

Sec. 11. The Governor shall appoint a sufficient number Governor to ap- 
of Justices of the Peace in each county, who shall hold their ^'""'^ '^'''^^''''• 
places until sections four, five and six of this Article shall 
have been carried into eft'ect. 

Sec. 12. All charters, ordinances and provisions relating charters to remain 
to municipal corporations shall remain in force until legally gaiwhan"'-ed ^^ 
changed, unless inconsistent with the provisions of this Con- 
stitution. 

Sec. 13. IS^o County, City, Town or other municipal cor- Debts in aid of 
poration shall assume or pay, nor shall any tax be levied or S^he jl.Si.'"" ""* 



28 



CONSTITUTION' OF NORTH CAROLINA. 



collected for the payment of any debt, or the interest upon 
any debt, contracted directly or indirectly in aid or support 
of the rebellion. 



ARTICLE YIII. 



COEPOKATIONS OTHER THAN MUNICIPAL. 



Corporations un- 
der general laws. 



Debts ©f corpora- 
tions, how se- 
cured. 



What corpora- 
tion shall include. 



Legislature to pro- 
vi(te for organiz- 
ing Cities, Towns, 
<&c. 



Section 1. Corporations may be fomied under general 
laws, but shall not be created by special act, except for mu- 
nicipal purposes, and in cases where, in the judgment of the 
Legislature, tlie object of the corporations cannot be attained 
under general laws. All general laws and special acts 
passed, pursuant to this section, may be altered from time to 
time or repealed. 

Sec 2. Dues from corporations shall be secured by such 
individual liabilities of the corporations and other means, as 
may be prescribed by law. 

Sec. 3. The term corporation, as used in this Article, 
shall be construed to include all associations and joint-stock 
companies, having any of the powers and privileges ot cor- 
porations, not possessed by individuals or partnerships. 
And all corporations shall have tlie right to sue, and shall 
be subject to be sued in all Courts, in like cases as natural 
persons. 

Sec 4. It shall be the duty of the Legislature to provide 
for the organization of Cities, Towns and incorporated Vil- 
lages, and to restrict their power of taxation, assessments, 
borrowing money, contracting debts, and loaning their 
credit, so as to prevent abuses in assessments and in con- 
tracting debts by such municipal corporation. 



OOKSTITUTIOX OF XORTH CAROLINA. 2^ 



ARTICLE IX. 



EDUCATION. 

Section 1. Keli^ion, morality and knowledj^e being Education shall 
,^ , ,, . /•'"i-jbe encouraged, 

necessary to good government and happmess oi mankind, 

schools and the means of education shall forever be en- 
couraged. 

Sec. 2. The General Assembly, at its first session under ^Jj^a^r'^^-^vidTfor 
this Constitution, shall provide by taxation and otherwise schools. 
for a general and uniform system of public schools, "vrherein 
tuition sliall be free of charge to all the children of the 
State between the ages ot six and twenty-one years. 

Sec. 3. Each county of the State shall be divided into a Counties toTjedi- 

•^ . . vided into dis- 

convenient number of Districts, in v.'hich one or more pubhc tricts. 

schools shall be maintained at least four months in every 

year; and if the Commissioners of any county shall fail to 

comply with the aforesaid requirements of this section, they 

shall be liable to indictment. 

Sec. 4. The proceeds of all lands that have been, or ^KSted 

hereafter may be fi^ranted by the United States to this State *» educational 

, , , . purposes. 

and not otherwise specially appropriated by the United 

States or heretofore by this State ; also, all moneys, stocks, 

bonds, and other property now belonging to any fund for 

purposes of education ; also, the net proceeds that may accrue 

the State from sales of estrays, or from fines, penalties and 

forfeitures ; also the proceeds of all sales of the swamp 

lands belonging to the State ; also, all money that shall be 

paid as an equivalent for exemption from military dut}'' ; 

also, all grants, gifts or devises that may hereafter be 

made to this State, and not otherwise appropriated by the 

grant, gift or devise, shall be securely invested, and sacredly 

preserved as an irreducible educational fund, the annual 

income of which, together with so much of the ordinary 

revenue of the State as may be necessary, shall be faithfully 

appropriated for establishing and perfecting in this State a 



30 



CONSTITUTION OF NOKTII CAKOLINA. 



Uuiversity and 
Public Schools 
not to be separa- 
ted. 



Benefits of the 
University. 



Board of Educa- 
tion. 



Pr<Sfideut and Sec- 
retary. 



Power of Board. 



First session of 
Board. 



Qiiorum. 

Expenses. 



system oi free piiulic schools, and for no other purposes or 
uses whatever. 

Sec. 5. The University of North Carolina, with its lands, 
emoluments and franchises, is under the control of the State, 
and shall be held to an inseparable connection with the free 
public school system of the State. 

Sec. 6. The General Asssembly shall provide that the 
benefits of the University, as far as practicable, be extended 
to the youth of the State free of expense for tuition ; also, 
that all the property which has heretofore accrued to the 
State, or shall hereafter accrue from escheats, unclaimed 
dividends, or distributive shares of the estates of deceased 
persons, shall be appropriated to the use of the University. 

Sec. 7. The Governor, Lieutenant Governor, Secretary of 
State, Treasurer, Auditor, Superintendent of Public "Works, 
Superintendent of Public Instruction and Attorney General, 
shall constitute a State Board of Education. 

Sec. 8. The Governor shall be President, and the Super- 
intendent of Public Instruction shall be Secretary of the 
Board of Education. 

Sec. 9. The Board of Education shall succeed to all the 
powers and trusts of the President and Directors of the Lit- 
erary Fund of !N^orth Carolina, and shall have full power to 
legislate and make all needful rules and regulations in rela- 
tion to free public schools and the educational fund of the 
State ; but all acts, rules and regulations of said Board may 
be altered, amended or repealed by the General Assembly, 
and when so altered amended or repealed, they shall not be 
re-enacted by the Board. 

Sec. 10. The first session of the Board of Education shall 
be held at the Capitol of the State, within fifteen days after 
the oro:anization of the State o-overnment under this Consti- 
tution ; the time of future meeting may be determined by 
the Board. 

Sec. 11. A majority of the Board shall constitute a quo- 
rum for the transaction of business. 

Sec. 12. The contingent expenses of the Board shall be 
provided for by the General Assembly. 



COXSTITUTION OF NORTH CAROLINA. 31 ; 

Sec. 13. The Board of Education shall elect Trustees for Trustees for the , 

r\ m 1^ 1 Uuiversity. 

the L niversity as follows : One Trmstee for each county in ! 

the State, whose term of office shall be eight years. The I 

first meeting of the Board shall be held within ten (10) days i 

after their election, and at this and every subsequent meet- l 

ing ten Trustees shall constitute a quorum. The Trustees, ' 
at their first naeeting, shall be divided, as equall}'- as may be, 

into four classes. The seats of the first class shall be vacated j 

at the expiration of two years ; of the second class, at the 1 

expiration of four years ; of the third class, at the expiration ! 

of six years ; of the fourth class, at the expiration ot eight I 
years ; so that one-fourth may be chosen every second year. 

Sec. 14:. The Board of Education and the President of Board of Trustees ; 

the University shall be ex officio members of the Board of | 

Trustees of the University ; and shall, with three other \ 

Trustees, to be appointed by the Board of Trustees, con- j 

stitute the Executive Committee of the trustees of the Uni- \ 

versity of Xorth Cai'olina, and shall be clothed with the i 
powers delegated to the Executive Committee under the 

existing organization of the Institution. Tlie Governor ', 

shall be, ex (fficio, President of the Board of Trustees and ' 

Chairman of the Executive Committee of the University. ■ 

The Board of Education shall provide for the more perfect \ 

organization of the Board of Trustees. < 

Sec. 15. All the privileges, rights, franchises and endow- privileges and i 

ments heretofore granted to, or conferred upon, the Board "f^. Bo^aTd.^ "^ i 

of Trustees of the University of Xortli Carolina by the char- ' i 

ter of 1789, or by any subsequent legislation, are hereby ; 

vested in the Board of Trustees, authorized by this Consti- ] 

tution, for the perpetual benefit of the University. j 

Sec. 1G. As soon as practicable after the adoption of this AKricuitural.De- ' 

Constitution, the General Assembly shall establish and i^^''^°^^'^*- j 

maintain in connection with the University, a Department ' 
of Agriculture, of Mechanics, of Mining, and of Xormal In- 
struction. 

Sec 17. The General Assembly is hereby empowered to ciiiidren must at- I 

enact that every child, of sufficient mental and physical tendsciiooi. , 

ability, shall attend the public schools during the period ' 



32 



coNSTmi'noN of nokth Carolina. 



between the ages of six and eigliteen years,', for a term of 
not less than sixteen months, imless educated by other 
means. 



AETICLE X. 



HOMESTEADS iVND EXEMPTIONS. 



Exemptions. 



Homestead. 



Homestead ex- 
empted from 
debt. 



Laborer's lien. 



Benefit of widow. 



Section 1. The personal property of any resident of thi& 
State, to the value of five hundred dollars, to be selected by 
such resident, shall be, and is hereby exempted from sale- 
under execution, or other final process of any Court, issued 
for the collection of any debt. 

Sec. 2, Every homestead, and the dwelling and buildings- 
used therewith, not exceeding in value one thousand dollars 
to be selected by the owner thereof, or in lieu thereof, at 
the option of the owner, any lot in a City, Town or Village^, 
with the dwelling and buildings used thereon, owned and 
occupied by any resident of this State, and not exceeding 
the value of one thousand dollars, shall be exempted from 
sale under execution, or other final process, obtained on any 
debt. But no property shall be exempt from sale for taxeSy 
or for payment of obligation^ contracted for the purchase of 
said premises. 

Sec. 3. The homestead, after the death of the owner 
thereof, shall be exempt from the payment of any debt, 
during the minority of his children, or any one of them. 

Sec. 4. The provisions of section one and two of this 
Article shall not be so construed as to prevent a laborer's 
lien for work done and performed for the person claiming 
such exemption, or a mechanic's lien for work done on the 
premises. 

Sec. 5. If the owner of a homestead die, leaving a widow, 
but no children, the same shall be exempt from the debts of 



CONSTITUTION OF NORTH CAEOLINA. 33 

her Imsband, and the rents and profits thereof shall insure 
to her benefit during her -widowhood, unless she be the 
owner of a homestead in her own right. 

Sec, 6. The real and personal property of any female in Property of a mar- 

, in 1 n^^ ICiinftlO 6©- 

this State, acquired before marriage, and all property, real cuerdto her. 
and personal, to which she may, after marriage, become in 
any manner entitled, shall be and remain the sole and sep- 
arate estate and property of such female, and shall not be 
liable for any debts, obligations or engagements of her 
husband, and may be devised or bequeathed, and, with the 
written assent of her husband, conveyed by her as if she 
were unmarried. 

Sec. 7. The husband may insure his own life for the sole Husband may in- 
use and benefit of his wife and children, and in case of the the benefit of wif& 
death of the husband the amount thus insured shall be paid """^ children. 
over to the wife and children, or the guardian, if under age, 
for her, or tlieir own use, free from all the claims of the 
representatives of the husband, or any of his creditors. 

Sec. 8. Nothing contained in the foregoing sections of this How deed for 
.,•.■.1 ,1 i»i i.j Homestead may 

Article shall operate to prevent the owner ot a homestead be made. 

from disposing ot the same by deed ; but no deed made by 
the owner of a homestead shall be valid without the volun- 
tary signature and assent of his wife, signified on her private 
examination accordinor to law. 



ARTICLE XI. 

PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES. 

Section 1. The following punishments only shall bo Punishments. 
known to the laws of this State, viz : death, imprisonment, 
with or without hard labor, fines, removal from office and 
disqualification to hold and enjoy any office of honor, trust, 
or profit under this State. 



u 



CONSTITUTION OF NOETH CAEOLmA. 



Penitentiary. 



Houses of coiTec- 
tion. 



The sexes to be 
separated. 



De^th punish- gj.p_ 2. The object of i:)unisliinents, being not only to 

satisfy justice, but also to reform the offender, and thus 
prevent crime, murder, arson, burglary, and rape, and these 
only, may be punishable with death, if the General Assembly 
shall so enact. 

Sec. 3. The General Assembly shall, at its first meeting, 
make provision for the erection and conduct of a State's 
Prison or Penitentiary at some central and accessible point 
within the State. 

Sec. 4. The General Assembly may provide for the 
erection o± Houses of Correction, where vagrants and per- 
sons guilty of misdemeanors shall be restrained and usefully 
employed. 
Houses of refuge. Seo. 5. A Ilouse or Houscs ot Kcfuge may be established 
whenever the public interest may require it, for the correc- 
tion and instruction of other classes ot offenders. 

Sec. 6. It shall be required by competent legislation, 
that the structure and superintendence ot penal institutions 
of the State, the County jails, and City police prisons, 
secure the health and comfort of the prisoners, and that male 
and female prisoners be never confined in the same room or 
cell. 

Sec. 7. Beneficent provision for the poor, the unfortunate 
and orphan, being one of the first duties of a civilized and a 
christian state, the General Assembly shall, at its first 
session, appoint and define the duties of a Board of Public 
Charities, to whom shall be entrusted the supervision of all 
charitable and penal State institutions, and who shall 
annually report to the Governor upon their condition, with 
suggestions for their improvement. 

Sec. S. There shall also, a? soon as practicable, be 
measures devised by the State for the establishment of one 
or more Orphan Houses, where destitute oiq^hans may be 
cared for, educated and taught some business or trade. 

Sec. 9. It shall be the duty of the Legislature, as soon as 
practicable, to devise means for the education of idiots and 
inebriates. 



Provisions fo the 
poor and orphans 



Orplian houses. 



Inebriates and 
Idiots. 



CONSTITTTION OF NORTH CAKOLINA. !J5 ; 

( 

Sec. 10. Tlie General Assernblv shall provide that all the Deaf mutes and j 

deaf mutes, the blind and the insane ot the State, shall be , 

cared for at the charge of the State. ^ 

Sec. 11. It shall be steadily kept in view bv the Legisla- Scifsupporthm-. J 

tnre, and the Board ol Public Chanties, that all penal and ■ 

charitable institutions should be made as nearly self-sup- i 

porting as is consistent with the purposes of their creation. 'i 



AETICLE XII. 

MILITIA. 

Section 1. All able bodied male citizens of the State ol wiio are liable to 
North Carolina, betw^een the ?ges of twenty-one and forty 
years, who are citizens of the United States, shall be liable 
to duty in the militia: Provided, That all persons who 
may be adverse to bearing arms, from religious scruples, 
shall be exempt therefrom. 

Sec, 2. The Genei-al Assembly shall provide for the Organizinu;, vNic. 
organizing, arming, equipping and discipline of the militia, 
and for paying the same when called into active service. 

Sec. 3. The Governor shall 1)e Commander-in-Chief, and Governor Oom- 
have power to call out the militia to execute the law, sup- 
press riots or insurrection, and to repel invasion. 

Sec. 4. The General Assembly shall have power to make ExcmpUoMs. 
such exem])tions as may be deemed necessary, and to enact 
laws that may be expedient for the government of the 
militia. 



36 



CONSTITUTIOIf OF NOKEH CAKOLmA, 



ARTICLE XIII. 



AMENDMENTS. 



Convention, 
■called. 



how 



How the Constitu- 
tion may be al- 
tered. 



Section 1. No Convention of the people shall be called 
by the General Assembly unless by the concurrence of two- 
thirds of all the members of each House of the General 
Assembly. 

Sec. 2. !N"o part of the Constitution of this State shall be 
altered, unless a bill to alter the same shall have beeii read 
three times in each House of the General Assembly and 
agreed to by three-fifths of the whole number of members 
of each House respectively ; nor shall any alteration take 
place until the bill, so agreed to, shall have been published 
six months previous to a new election of members to the 
General Assembly. It, alter such publication, the altera- 
tion proposed by the preceding General Assembly shall be 
agreed to, in the first session thereafter, by two-thirds of the 
wholejepresentation in each House of the General Assem- 
bly, after the same shall have been read three times on throe 
several days in each House, then the said General Assembly 
shall prescribe a mode by which the amendment or amend- 
ments may be submitted to the qualified voters of the House 
of Representatives throughout the State ; and If, upon com- 
paring the votes given in the whole State, it shall appear 
that a majority of the voters voting thereon have approved 
thereof, then, and not otherwise, the same sliall becoine a 
part of the Constitution. 



ARTICLE Xiy 



MISCELLANEOUS. 



Indictments. SECTION 1. All indictments which shall have been found, 

or may hereafter be found, for any crime or ofience commit- 
ted before this Constitution takes effect, may be proceeded 



CONSTITUTION OF NOKTH CAROLINA. 87 

upon ill the proper Courts, but no punishment shall be 
inflicted, which is torbidden by this Constitution. 

Sec. 2. Xo person who shall hereafter fight a duel, or assist Penalty^ for fight- 
in the same as a second, or send, accept, or knowingly carry 
a challenge therefor, or agree to go out of this State to fight 
a, duel, shall hold any otiice in this State. 

Sec. 3. Xo money shall be drawn from the Treasury but Drawing money, 
in consequence of appropriations made by law, and an accu- 
rate account of the receipts and expenditures of the public 
money shall be annually published. 

Sec. 4. Tlie General Assembly shall provide, by proper Mechanics' lien, 
legislation, for giving to mechanics and laborers an adequate 
lien on the subject matter ol their labor. 

Sec. 5. In the absence of any contrary provision, all ofli- ^p^'XeJt?^^* 
cers in this State, whether heretofore elected, or appointed 
by the Governor, shall hold their positions only until other 
appointments are made by the Governor, or, if the ofiicers 
are elective, until their successors shall ha^e been chosen 
and duly qualified, according to the provisions of this Con- 
stitution. 

Sec. 6. The seat of government in this State shall remain 1^^^^°/ ^^'^^''''- 
at the City of Kaleigh. 

Sec. 7. Ko person shall hold more than one lucrative HoMing office, 
ofiice under the State, at the same time : Provided, That 
officers in the ]\Iilitia, Justices of the Peace, Commissioners 
of Public Charities and Commissioners appointed for special 
purposes, shall not be considered officers within the meaning 
of this section. 

Done in Convention at Ealeigh, the sixteenth day of 
March, in the year of our Lord one thousand eight hundred 
and sixty-eight, and of the Independence of the United 
States the ninety-second. 



PUBLIC LAWS 



OF THE 



STATE OF NORTH CAROLINA. 



PUBLIC LAWS 



OF THE 



STATE OF NOETH CAROLINA, 

SESSION 187 0'71. 



CHAP TEE I. I 

AN ACT TO PROVIDE FOR A SPECIAL TERM OF THE SUPERIOR ] 

COURT OF DAVIDSON COUNTY. ^ \ 

\ I 

Whereas, Actions are now pending and at issue in tlie ^rea^^^c* ; 

superior court of Davidson county involving the title to the 
offices of sheriff aud county commissioners of said county, ' 

and an early determination of said actions is necessary to 
prevent the affairs of said county from falling into confusion ; ' 

Section 1. The General Assembly of North Carolina do ^if^^^mV ' 
enact, That a special term of the superior court shall be ^^"'^• 
held for said county, at the court house in Lexington, to 
begin on Monday the nineteeth day of December, eighteen , 

hundred and seventy, for the sole purpose of trying the two i 

actions aforesaid, in one of whicli the state on the relation of 
Samuel S. Jones and others is plaintiff", and John S. Snider ^^^^'^^ction. ; 

and others defendants : and in the other, of which the state 
on the relation of W. M. Shipp, attorney general, and David 
Luftin is plaintiff, and Jacob A. Sowers is defendant, and \ 

said special term shall continue from day to day until both j 

of said actions are disposed ot ; said actions shall not be 
removed nor sliall either of them be continued, unless im- 
peratively necessary to the rights of the parties ; and to avoid 1 
tlie necessity of continuance for absence of witnesses, the \ 



42 1870-'71.— Chapter 1—2. 

court shall, if needful, compel their attendance by capias, 
returnable without delay. 
SSriff to^ummo'S ^^- 2- That the acting coronor of said coiintv shall per- 
jnrors. form the duties of sherifi" at said special term, and shall also 

forthwith summon twentj'-four good and lawful men, to be 
and appear at the court house on the day aforesaid, to serve 
as jurors at said special term ; and if other jurors are needed 
the court may order talismen to be summoned in tlie usual 
manner. 

GovCTnor u> ap- Seo. 3. That the governor shall appoint one of the iuderes 
point a Judge to , ® ^^ jo 

hold court. of the Superior court to hold said special term, whose com- 

pensation therefor shall be the same as is allowed by law to 
judges for holding special terms of superior court. 
Appeal. Sec. 4. That in case an appeal is taken to the supreme 

court in either of said actions, it shall be the duty of the 
parties to bring up the case or cases without delaj', that the 
supreme court may hear and determine the same at its 
January term, 18T1, as they are requested to do. 
to bftuSlsh?/^* ^^^- ^' '^^^^ copies of this act shall be at once foi-wai-ded 
by the secretary of state to G. W. Pickett, acting coroner, 
and L. E. Johnson, clerk of the superior court for said county ; 
and said clerk shall give notice thereof forthwith to the 
respective parties in said actions. 

When act to take Sec. 6. That this act shall take effect from the date of its 
effect. 

ratification. 

Katified the 3rd day of December A. D. 1870. 



CHAPTER II. 

AN ACT TO EXTEND THE TIME FOR COLLECTING AND PAYING 
OVER THE TAXES FOB COUNTY PURPOSES FOR THE COUKIT 
OF CLEAVELAND. 

To have until Feb- SECTION 1. The General Ai^^^crnlJ a (^ NvHh Corolrita do 

•razr^ 15th, 1871, ^ 

to settle with com- enacL That J. O. Bridges, tax colei-torfor the county of Cleave 

missionere. 



1870-'71.— Chapter 2—8—4. 43 

land, sliall have until the fifteenth day of Februarj-', eighteen 

hundred and seventy-one, to collect the taxes for county 

purposes of the county of Cleaveland, and to settle with the 

county commissioners of said county. 

Sec. 2. This act shall be in force from and after its rati- Wheaactto beia 
r, .. fo^ce. 

fication. 

Eatified the 3d day of December, 1870. 



CHAPTER III. 

AN ACT TO ABOLISH THE OFFICE OF STATE PKINTEB AXD FOE 
OTHER PURPOSES. 

Section 1. The General AsseiMy of North Carolina office of stat« 
do enact, That the office of state printer be and the same is » er a o s e 
hereby abolished, and all laws and parts of laws in conflict 
with this act are hereby repealed. 

Sec. 2. That the joint committee on printing are hereby Joint Comtuittee 

authorized to let and make contracts for the public printing 

upon such terms as they may deem reasonable. 

Sec. 3, This act shall be in force from and after its ratifi- w^^^ actio be in 

force, 
cation. 

Ratified the 5th day of December, A. D. 1870. 



CHAPTER lY. 

AN ACT appointing A COMMISSIONER TO TAKE CERTAIN DEPOSI- 
TIONS relative TO THE SENATORIAL ELECTION IN 00UNTXE8 
OF GRANVILLE AND PERSON. 

Section 1. The General As^emhly of North Carolina w. A. Allen ap- 
do enact, That W. A. Allen be and he is hereby appointed Sonlf ^°"'°'^" 
a commissioner to take the depositions of such witnesses as 



u 



1870-'71.— Chapter 4. 



Powers, &e. 



Either party to 
contest may Etim« 
mon witnesses. 



Depositions in 
■writing to be ad- 
dressed to Presi- 
dent of Senate. 



Depositions to be 
read. 



Commissioners 
may employ a 
clerk. 



Commissioners to 
give notice. 



may be produced before him at such times and places as he 
may designate in the counties of Granville and Person, to 
be read in evidence as touching the election of Robert W. 
Lassiter and Samuel C. Barnett as senators in the present 
general assembly of this stale from the twenty-first senatorial 
district, contested by Leonidas C. Edwards and William A. 
Bradsher, who claim to be the lawfully elected senators 
from said district ; and that said commissioner shall have all 
the powers of a judge of the superior court, to compel the 
attendance before him of such witnesses, and to cause them 
to testify in that behalf, and superintend and direct their exam- 
ination, and to decide upon the competency or relevancy of 
testimony, and to preserve order and decorum on the part of 
witnesses, counsel and all other persons present at the taking 
of such depositions, and to enforce his orders in that behalf 
by process of attachment if need be. 

Sec. 2. That either of the parties claiming to have been 
elected from said senatorial district, their attorneys or agents 
may apply to the clerk of the superior court of Granville 
county, or to the clerk of the superior court of Person 
county for a subpoena for such witnesses as they may desire to 
examine before said commissioner, and such subpoena shall 
be made returnable before such commissioner at the time 
and place designated by him, and shall be directed to and 
executed by either the sheriff of Granville or Person county. 

Sec. 3. That said commissioner shall take such depositions 
in writing as soon as may be an 1 enclose the same according 
to law to the president of the senate. 

Sec. 4. That the depositions so taken shall be read in evi- 
dence as to the contested right of both the said senators, and 
but one deposition of any such witness shall be taken. 

Sec. 5. That said commissioner shall have power to em- 
ploy a clerk, whose compensation shall not exceed the sum 
of two dollars {$2) 2)er diem. 

Sec. 6. That five days notice in writing of the time and 
place for taking depositions by said commissioner shall be 
given by him to the respective parties claiming to have been 
elected from^ said district, or to their attorneys or agents, 



1870-'n.— Chaptek 4—5. 45 

nnless the said notice shall be waived by them ; such notice 
to be served by the sheriff of Granville or Person county, or 
by the Commissioner in person or any one appointed by him 
in writing, to make such service. 

Sec. 7. That any deposition or depositions heretofore law- fion^s to be wad in 
fully taken, touching the said contested election, may be evidence, 
read in evidence, notwithstanding this act. 

Sec. 8. Tliis act shall be in force from and after its ratifi- JJJ^f^ ^^^ *« ^'^ ^° 
cation. 

Eatified the Gth day of December, A. D. 1870. 



CHAPTER V. 

AN ACT COXCERXING TOWXSIIIPS IN THE COUNTY OF JACKSON. ! 

Section 1. 77ie General Assembly of North Carolina do Districts reported , 
enact^ That the districts reported by the commissioners of approved. j 

Jackson county to the last session of the general assembly 
are hereby approved ; and said districts, in obedience to 
article seven, sections three and four of the constitution, in 
each district shall have corporate powers, and shall be 
known as townships by the boundaries, and by the names 
respectively designated in said report, in as full and ample a 
manner as if said district had come under and within the 
provisions of " an act concerning townships," being chapter ^ 

one hundred and eighty-five of the public laws, passed at 
the session of one thousand eight hundred and sixty-eight, 
and one thousand eight hundred and sixty-nine, and ratified "j 

the tenth day of April, one thousand eight hundred and ^ 

sixty-nine. i 

Sec. 2. Be it further enacted^ That the election for town- Election of town- 
ship officers under the said article of the constitution and ^ '^ ° 
the act of the general assembly rofcred to in the first section ' 

in the above named county shall take place on the second \ 

Monday of January, one thousand eight-hundred and seventy- i 

1 
\ 



46 1870-'71.— Chapter 5—6. 

one ; and the'provisions of said act shall apply in all respects 
to the election herein directed. 

OflBcarg to qualify Sec. 3. Be it further enacted^ That the officers elected 
under the provisions of this act shall qualify within ten days 
after the second Monday in January, and shall hold their 
respective offices nntil the first Thursday in August, one 
thousa,nd, eight hundred and seventy-three, or until their 
successors are elected and qualified. 

men act to take g^^^ ^ ^^ ^^ further enacted, That this act shall take 
efiect and be in force from and after its ratification. 
Batified the 8th day of December, A. D. 1870. 



CHAPTER YI. 

AN ACT FOE THE BELIEF OF JNO. D. DAVIS, SHEKIFF OF CARTEEET 

COUNTY. 

To ba allowed un- SECTION 1. The General Assemhly of North Carolina do 
settle with Trees- enact. That Jno. D. Davis, sheriff of Carteret county, shall 



urer. 



be allowed until the first day of February, A. D. 1871, to 

settle with the treasurer of the state for taxes due the state 

for the year 1870. 

Relief from pen- Sec. 2. That all fines, pains and penalties incurred by 

said sheriff, for not settling wi-'h the treasurer at an earlier 

date be, and the same are hereby repealed ; provided, that 

the said sheriff" shall on or before the first cay of February, 

1871, pay to the said treasurer the full amount due as taxes 

by said count}'", and also all costs which have or may accrue by 

virtue of any suit commenced or to be commenced to enforce 

the penalty incurred by said sheriff for his failure to settle 

with said treasurer as the law directs. 

When act to be in Sec. 3. This act shall be in force from and after ite rati- 
force. 

ncation. 

Ratified the 13th day of December, A. D. 1870. 



1870-'71.— CnAFTER 7—8. 47 



CHAPTEE YIL 

AN ACT TO KEPEAL AN ACT ENTITLED " AN ACT TO SE€UEE 
THE BETTER PROTECTION OF LIFE AND PROPERTY,'* RATI- 
FIED THE T^\'ENTY-NINT^ DAY OF JANUARY, ONE THOUSAND 
EIGHT HUNDRED AND SEVENTY. 

Section 1. The General AssemUy of Worth Carolina do RepeaUng oJause. 
enact^ Tliat the act of the general assembly entitled " an act 
to secure the better protection of life and property," ratified 
the twenty-ninth day of January, one thousand eight hun- 
dred and seventy, and which is to be found on pages sixty- 
four, sixty-five and sixty six, chapter twenty-seven of the 
public laws of one thousand eight hundred and sixty-nine, 
and one thousand eight hundred and seventy, be and the 
same is hereby repealed. 

Sec. 2. This act shall be in force from and after its rati- When act to bo 

., . in force, 

ncation. 



Ratified the 13th day of December, A. D. 1870. 



CHAPTER VIII. 

AN ACT- IN RELATION TO THE KEEPER OF THE CAPITOL. 

Section 1. TTie General Assemhly of North Carolina do Repealing clause. 
enact, That so much of section three, chapter one hundred 
and three of the re^'ised code, as authorizes the board created 
by section two of said chapter, to appoint some suitable and 
discreet person to take charge of the capitol, be and the same 
is liereby repealed. 

Sec. 2. The general assembly shall, on the fourth Wednes- General Assembly 

o J } to elect a Keeper 

day of each and every session, elect a keeper of the cApitol, ^' *|!*^ Capitoi, 

•' ^ ' ' ^ _ '^ ' Public Grounds 

public grounds and arsenal, who shall hold his place until and Arsenal. 

his successor is elected, and tiles bond, as required by section 

six of the aforesaid chapter. 



48 1870-'71.— Chapter 8—9—10. 

Duties of Keeper. Sec. 3. The duties of the keeper shall be such as are now 

prescribed by law. 
When act to be in Sec. 4. This act shall be in force from and after its ratifi- 

f orce. 

cation, 

Katified the 14th day of December, A. D. 1870. 



CHAPTER IX. i 

i 

AN ACT TO EXTEND THE TIME FOK COLLECTING AND PATTNa 

i 

OVER TAXES IN ALAMANCE AND CASWELL. M 

Extension of time SECTION 1. The General Assembly of North Carolina d& ' 

to collect and set- „ _r y •ct- t- ^ cat ' 

tie for taxes. cno/it, Ihat Albert JMurray, sherm oi the county ot Ala- 
mance, and the sheriff of Caswell county, shall have until ; 
the first day of February, 1871, to collect the taxes for county \ 
purposes of their respective counties, and to settle with the- I 
county commissioners of their respective counties. ; 

When act to be in Sec. 2. That this act shall be in force from its ratifica- | 

force; , . : 
tion. 

Ratified the 15th day of December, A. D. 1870. ' 



CHAPTER X. i 

AN ACT TO APPOINT TWO COMMISSIONERS TO TAKE DEPOSITIONS i 

I 

IN THE MATTER OF THE CONTESTED ELECTION FOR WAYNE. { 

COUNTY. ! 

Commissioners to SECTION 1. The General Assembly of North Carolina \ 

go to Goldsboro' . . -, . ^ •, -, 

and taiie evidence do enact, Ihat two Commissioners be appointed by the 
speaker of the house of representatives to go to Goldsboro^ 

and take written and sworn evidence in relation to alleged j 

illegal votes and other frauds at the Goldsboro' ballot box in \ 



1870-'71.— Chafteb 10—11. 49 

the election for laeuibers of the house of representatives of 
this general assembly at the last election. 

Sec. 2. That said commissioners shall "have, when acting Authority of Com- 

'^ ° nijssioners. 

as such commissioners, all the authority of a jndge of the 

superior court. 

Sec. 3. That said commissioners be aUowed five dollars J^^^^f Commfe- 

per day for said services while actually and necessarily 

so engaged, and ten cents per mile for every mile necessarily 

travelled by them as said commissioners: Provided, That 

said commifsioners, if members of this general assembly, 

shall receive no per diem, as such members, for any day for 

which he shall receive a per diem under this act. 

Sec. 4. This act shall be in force from its ratification. When act to be ia 

force. 

Katified the 15th day of December, A. D. 1870. 



CHAPTER XI. 

AN ACT TO KEPEAL AX ACT IN RELATION TO MILEAGE AND PER 
DIEM, EATIFED THE 26tII DAY OF NOVEMBER, A. D. 1869. 

Section 1. The Gtiieral Assemhly of North Ccrolina do Repeal. 
ena/jt, That an act entitled an " act in relation to mileage and 
per diem," being chapter one of the public laws of 1869 and 
1870, ratified the 26th day of November, A. D. 1869, be and 
the same is hereby repealed, and that the mileage and per 
diem of the officers and members of this general Assembly 
shall be as may hereafter be prescribed by law. 

Skc. 2. That this act shall take eft'ect from the beffinninflr When act to he 
of the present session of this General Assembly. 

Ratified the 16th day of December, A. D. 1870. 



50 1870-'71.— CHAFfEK 12—13. 



CHAPTER XH. 

i 

AN ACT m RELATION TO AN ELECTION TO FILL THE VACANCY ' 
IN THE 26th SENATORIAL DISTRICT. . 

EiKction to be SECTION 1. The Oenevdl Assemhly of North Carolina do I 

held Dec. 24, 1870. ♦/ «/ I 

enact, That a special election shall be held on the 24th of \ 

December, 1870, for the purpose of filling the vacancy now I 

existing in the 26th senatorial district. ! 

GoTernor to Issue Seq. 2. The goTcrnor shall issue writs of election to the ' 

writs. ... 

sheriffs of said district, and the said election shall be held at j 

the time above designated, and in such manner as may be ' 

prescribed by law. j 

When act to be In Sec. 3. This act shall be in force from and after its ratifi- i 
lorce. 

cation. I 

Ratified the 17th day of December, A. D. 1870. I 



CHAPTER XIII. 

AN ACT TO RESTORE TO THE WESTERN RAILROAD COMPANY ITS 
ORIGINAL CHARTERED PRI^HLEGES, TO REGUL ATE THE APrOINT- 
MENT OF STATE DIRECTORS, AND TO DEFINE THE VOTE OF THE 
STATE IN THE GENERAL MEETINGS OF THE STOCKHOLDERS OF 
SAID COMPANY. 

President and SECTION 1. The General Assembly of North Carolina do 

tors!^^^ °^ ^"^^'^ <ino,ct, That hereafter there shall be a president and nine 

directors of the Western Railroad Company, as provided in 

the original charter of said company, ratified 24th day of 

Four Directors December, 1852. Four directors shall be appointed by the 

appointed by the , ^ . i i i i ,. , i , • n , ! • , i j 

State. state, as provided by the fourtli section of an act entitled 

" an act to enable the "Western Railroad Company to com- 
plete its road from the Coalfields in Chatham county, to 
some point on the Korth Carolina Railroad," ratified Dee. 



1870-71.— Chapter 13. gi 

20th, 18G6, when the State became a stockholder and co- 
partner in said company ; and the remaining live directors ^^Yp^>^-^d^V^ 

and the president shall be elected by the individual stock- elected by stock- 

,' , holders, 

holders, as provided in said -ith section ot the above recited 

act, and in no other manner; and that so much of an act 

entitled "an act to amend an act entitled an act to amend 

the charter of the Western Railroad Company, ratified 21st 

of August, 1868," ratified the 2nd day of February, A. 

1). 1869, as changes tlie number and manner of appoint- Repealing clause. 

inent ot said president and directors, be and the same is 

hereby repealed ; and the provisions of the original charter 

of the 24th of December, A. D. 1852, and the amendments 

thereof of December 20th, A. D. 1866, in relation to the Acts re-cuaeted. 

appointment of president and directors, are hereby re-enacted. 

Sec. 2. That in all future meetings of the stockholders of Representative of 
the Western Railroad Company, the representative of the only"" one half the 
state shall only vote a number of shares equal to one-half uf ^°^^ ^'*^''' 
the number of in<lividual shares or votes cast upon any 
question where a \-ote is t-alied by stock. The state's repre- 
sentative shall not 1)e entitled to vote where the question state not to vote 

, , . . J. , . on amnndtueiit to 

niriy b(5 u]>oM the acceptant-e or rejection ot any amendment charter. 
to the charter of the cum])any. 

Sec. 3. That this act shall be submitted to a moeting of This net to be sub- 
file stockholders uf said company, to be held in the town of holders. 
Fayetteville, within twenty days from its ratification, upon 
call of the president, or of a number of stockholders holding 
at least two bundled and fifty shares ; and upon its being 
accepted by a majority of the stock present other than tlie 
state, the term of tlie present president and directors shall 
cease, and determine in te" days thereafter. 

Sec. 4. Should the meeting of the stockholders, as pro- Governor to be 
• 1 1 . ,1 1 • 1. ..I • i i. X ii • notilled of acccp- 

VKied in the al)Ove section, accept this act as a part of their ^^^^^^.^. \.y e.totlv- 

eharter. tiiey shall immediately luttify the governor of the ''*'^'^'^'■^• 

state of their acti(»n, and of the time and place of the next 

meeting of stockliohUiv, which said meeting shall be held 

U'iihin ten days theieaiter ; at which said meeting of stock- President and Dl 

huhlers the president and directors shall be chosen as provi 



rceU>rb to be cho- 
sen. 



52 1870-'71.— Chapter 13—14. 

ded in the first section of this act, and shall hold office until 
the next regular annual meeting of stockholders. 
EepeaUng clause. g^c. 5. All provi&ions of law, inconsistent with this act, 
"When act to be in are hereby repealed, and this act shall be in force from and 

force. „ . .r. . 

alter its ratification. - 

Ratified the 19th day ot December, A. D. 1870. 



CHAPTER XIY. 

AN ACT TO BELIEVE THOMAS F. BAXTER, SHERIFF OF CURRITUCK 
FOR FAILURE TO PAY STATE TAXES. 

Heiieved from Section 1. The General Assembly of North Carolina do 

feUurerfor non- enact. That Thomas F. Baxter, sheriff of Currituck county, 
se t ement. -^^ ^^^ ^^ hereby relieved from the payment of all fines, for- 

feitures and amercements incurred by him for failing to pay 
into the public treasury the taxes due by hiui, as sherift' 
aforesaid, for the year 1870, at the time prescribed by law ; 
Proviso. Provided^ The said Thomas F. Baxter pay into the pubhc 

treasury all taxes due the state by him as sheriff aforesaid, 
before the 10th day of December, 1870, and produce, upon 
his settlement with the treasurer, a receipt for all coLts in- 
curred by reason of his failure to pay. thc: taxes within the 
time required by law. .' : m.-,. . 

When act to be in Sec. 2. This act shall take effect from its ratification, 
^o-^^^- Ratified the 20th day of December, 1870. 



1870- 71.— Chaptek 15—16. S3 

CHAPTER XY. 

AN ACT TO KEPEAL^CHAPTES 52, LAWS OF 1868 AND 1869. 

Section 1. The General Assemhly of North Carolina do Kspeai. 

enact, That chapter fifty-two, laws of 1868 and 1869, be 

and the same is liereby repealed, and that section four of Section 4, chapter 

chapter tliirtj-five of the revised code be re-enacted in the re-enacted. 

room and stead thereof. 

Sec 2. This act shall be in force from and after its ratifi- When act to be in 

force, 
cation. 

Ratified the 20th day of December, A. D. 1870. 



CHAPTER XVI. 

AN ACT TO KEPEAL CERTAIN PARTS OF CHAPTER FORTY-ONE (41) 
OF AN ORDINANCE RATIFIED M.:VRCH 13tH, 1868. 

Section 1. llie General AssemUy of North Carolina do Repeal of right of 

•^ '^ ^ Code Commis- 

enact, That section eight of chapter forty-one of an ordi- sioners to contract 

nance ratified March 13th, 1SG8, and so much of section six 

of said cliapter as gives the code commissioner the right to 

contract with the printer of the state, for printing, be and 

tiie same are liercby repealed. 

Sec. 2. This act shall l)e in force from and after its ratifi- When act to he in 

force, 
cation. 

Ratified the 20th day of December, A. D. 1870. 



54 1870-'T1.— Chaptee 17—18. 



CHAPTEE XVI L 

A^ ACT FOR THE BELIEF OF JAMES CASHWELL, TAX COLLECTOE 
OF BLADFJT COUNTY. 

Allowed until SECTION 1. The General AssernhlAi of North Carolina do 

Jan., 15, 1871, to mi t ^ , i, -if t^i -. 

collect and settle cuact^ iiiat Jaines Cash well, tax collector oi Jiladen county, 
be allowed until the 15tli day of January, 1871, to collect 
and settle his state taxes for the year 1870, and that the 
sheriff of Bladen be, and he is hereby directed to suspend 
further proceedings under the execution now in his hands 
for the taxes aforesaid, until the day in January aforesaid ; 

ProviBo. Provided^ the said Cashwell shall pay into the treasury 

forthwith the taxes already collected. 

Relief from pen- Seo. 2. That the said Casliwell be relieved of the penalty 
^' already incurred, provided he shall pay into the treasury by 

the day in January aforesaid the taxes aforesaid prescribed 
by law. 

When act to take Sec. 3. This act shall be in force from and after its rati- 

eflfect. 

tication. 

Ratified tlie 20th day of December, A. D. 1870. 



CHAPTER XYIIL 

AN ACT TO FIX THE FEE DIEM AND MILEAGE OF MEMBERS 
AND OFFICERS OF THE GENERAL ASSEMBLY OF 1870-'71. 

Per diem of Presi- Sfxthon 1. The General Assemhly of North Carolina do 

an pe er. ^^^^^^ That the president of the senate and speaker of the 

house of representatives shall receive seven dollars per day 

during the session of the general assembly, and twenty cents 

Mileage. per mile for every mile traveled to and from their home to 

the capitol at Ealeigh. 



1 8 70-'71.— Chapter 18—19. i55 

Sec. 2. That each and every member of this general Jfi[j;Ji™ormem- 
assembly sliall receive during the session of the same, five tiers. 
dollars per day and mileage as expressed in the first section 
of this act. 

Sec. 3. That the principal and assistant clerk shall receive figScierkl ■^^' 
gix dollars per day and mileage as expressed in the first 
section of this act. 

Sec. 4. That the enrolling and engrossing clerks shall ^"oSngSks^"'" 
receive five dollars per day and mileage as expressed in the 
first section of this act. 

Sec. 5. That the doorkeepers and assistant doorkeepers Doorkeepers, 
shall receive five dollars per day and mileage as stated in the 
first section of this act. 

Sec. 6. That this act shall be in force from and after its When act to be 

m force, 
ratification. 

Ratified the 21st dav of December, A. D. 1870. 



CHAPTER XIX. 

AN ACT IN RELATION TO THE SPECIAL TAX MONEY IN THE 
TEEA8UKY. 

Section 1. The General Assernllii of North Carolina do Treasurer directed 

mi 1 r. . 1 1 T J to use ?;200,(X)0, 

enact, That the treasurer of state is hereby directed to use special tax money 
two hundred thousand dollars of the money now in the expenses of the 
treasury, collected under the several acts of 1868-69, provi- govemmen . 
ding for the payment of interest on special tax bonds, in 
payment of the ordinary expenses of the state government, 
the appropriations for the support of the insane asylum, in- 
stitution for the deaf, and dumb and the blind, and convicts in 
the penitentiary, tor the present fiscal year ; said amount to 
be apportioned as follows : Expenses of state government Apportionment, 
one hundred and fifty thousand dollars; insane asylum 
twenty thousand dollars ; institution for the deaf, and dumb 
and the blind fifteen thousand dollars ; penitentiary fifteen 
2 



56 1870 "71.— Chapter li)— 20. 

thousand dollars. And he is hereby directed further to 
apportion seventy-five thousand dollars of the money here- 
after to be paid into the treasury under the aforementioned 
Proviso. g^(.|-g^ J.Q ii^Q Q^[^ institutions according to his discretion ; jPro- 

vided, That this act shall not have the effect of increasing 
the appropriations made by the general assembly at the 
present session, to the insane asylum, institution for the 
deaf and dumb and the blind, and penitentiary. 

Treasurer directed Sec. 2, That the treasurer of state is hereby authorized 

to replace money , t. i i i i i 

used under sec. 1 and dn"ected to replace the money used under section 

one of this act out of any monies which may be paid into 

the treasury on account of di^ndends from corporations, or 

any taxes to be levied and collected for general purposes. 

Repealing section. Sec. 3, That SO much of sec. 2 ol an act oi the general 

assembly of 1869-70, entitled " an act to repeal certain acts 

passed at the session of 186S-'69, making appropriations to 

railroad companies," ratified March 8th, 1870, as directs 

credits of special taxes to be credited to the respective coun- 

When act to be in ties is hereby repealed. 

Sec. 4. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 21st dav of December, A. D. 1870. 



CHAPTEE XX. 

i 

AN ACT TO PKOVIDE FOE THE EEMOVAL OF CERTAIN SUITS, : 

ACTIONS AND CAUSES FROiT ONE JUDICIAL DISTRICT TO | 

I 

ANOTHER. I 

j 

Suit may be re- SECTION 1. The General Asseiiihly of Novtli Carolina do \ 

moTcd to adjoin- ^nact. That upou the application of any party, plaintiff or ; 

mg Judicial Dis- ' ^ ^'^ j r j •> i. ^ \ 

trictby mutual defendant, it shall be the duty of the I'udges of the superior j 

consent of partias. , ' . , , , . "^ . • t • -, i- . .\ ^ ' 

courts of this state, m their respective judicial distncts, to i 

order the transfer and removal of any suit, action or cause 

pending in the courts of their said districts, in which such 



1870-71.— Chapter 20—21. 67 

judge shall have been at any tune interested as party, or 

employed or otherwise engaged as counsel, to some county 

in an adjoining judicial district, to be agreed upon by the 

parties to such suits, action or cause for trial; Provided, Proyiso. 

That if the parties cannot agree upon a county to which" 

such suit, action or cause may be transferred or removed, 

the judge of the court shall order the transfer and removal 

of such suit, action or cause, to some county adjoining and 

nearest to his judicial district; Provided, further, That if Further proviso. 

the judge be interested as a party in any such suit, action or 

case, he shall, upon the application of any other party to 

the suit, order the transfer and removal of such suit, action 

or cause, to some county in an adjoining district, where the 

terra of the court will not interfere with the judicial duties 

of the judge making such order. 

Sec. 2. This act shall be in iorce from and after its rati- wi»^° ^^t to be in 

force, 
tication. 

Eatiiied the 21st day of December, A..D. 1870. 



CHAPTEFv XXL 

AN ACT TO EXTEND THE TIME FOR COLLECTING AND PAYING 
OVER THE TAXES FOR COUNTY PURPOSES FOR THE COUNTY 
OF MARTIN. 

Section 1. The General Assemhhi of North Carolina do Time ror coiiec- 

mi T-. -r> o T 1 .fv> .-.r tioii extended to 

enact, Ihat K. 13. Sanlsbury, sherm of Martin county, shall April i, i87i. 
have until the first day of April, 1871, to collect the taxes 
for county purposes, of the county of Martin, and to settle 
with the county commissioners of said county. 

Skc. 2. That this act shall be in force from and after its When act to be in 
ratification. ^^'■^«- 

Ratified the 21st day of December, A. D. 1870. 



to 



58 1870-'71.— Chapter 22—23. 



CHAPTEK XXII. 

1 
I 

AN ACT FOR THE RELIEF OF JOHN HOKTON, SHERIFF OF WATAUGA j 

COUNTY. I 

Relief from penal- Section 1. The General Assemlly of North Carolina do • 

ties for non-settle- mi t i tt •/»• ^^ "^tt 

Hient. enact, That John Horton, sherm of Watauga county, be ; 

and he is hereby relieved from all the penalties incurred by 1 

his failure to pay over to the state treasurer the tax due by ' : 

Provieo. said county as the law directs ; Provided, That on or before \ 

the first Monday in January, one thousand eight hundred i 

and seventy-one, (1871,) he shall pay over to the said treasurer « 

the full and entire amount due as taxes from said county, 

and the costs of the suit imposing the penalty aforesaid. 

When act to take Sec. 2. This act shall be in force from and after its rati- \ 

effect. . I 

ncation. \ 

Katified the 21st day of December, A. D. 1870. ; 



C II A P T E K X X 1 1 1 . ! 

I 

AN ACT DECLARATORY OF THE MEANING OF THE ACT ENTITLED j 
"an act TO REPEAL CERTAIN ACTS PASSI-:D AT THE SESSION | 
OF 1868 AND 1869, MAKING APPROPRIATIONS TO RAILROAD ! 
COMPANIES, RATIFIED 8tH OF MARCH, 187^," AND FOR OTHER 
PURPOSES. 

Preamble. "Whereas, by an act of the general asscmbl}^ entitled "an ; 

act to amend the charter of tlie Wilmington, Charlotte and ; 
Rutherford Kailroad Company, to provide for the completion i 
of said road, and to secure to the state a representation in 
said company, ratified the 29th day of January 1869," the 
public treasurer of the state is directed to subscribe in be- 
half of the state, four millions of dollars to the capital stock 
of said road, and provision is made in said act lor the issue 



1870-71.— Chaptek 23. 59 

of bonds of tlie state for the payment of such subscription on 
the part of the state, and it is further provided in said act, 
that by virtue of such subscription on the part of the state, 
and tlie issue of bonds aforesaid, the governor of the state 
is authorized to appoint seven of the directors of said com- 
pany ; and whereas, by an act entitled " an fact to repeal 
certain acts passed at the session of 1868 and 1869, making 
appropriations to railroad companies, ratified the 8th day of 
March, 1870," it is declared, " that all acts passed at the 
last session of this legislature making appropriations to rail- 
road companies, be and the same are hereby repealed, that 
all bonds of the state which have been issued under the said 
acts now in the hands of any president or other officer of the 
corporation, be immediately returned to the treasurer : 

Section 1. Now therefore^ the General Assemhly of North Power of Gover- 
ri T 7 .Ai-'i 11 11 1 °"^'" to appoint Di- 

Uaroiina ao enact, And it is hereby declared to be the rectors declared 

proper construction and the true intent and meaning of 

the act of the general assembly, ratified the 8th day of 

March, 1870, hereinbefore referred to, that all power and 

authority vested in the governor, to appoint directors by 

virtue of the provisions of the act of the general assembly, 

ratified the 29th day of January, 1869, hereinafter referred 

to, became void and ceased to exist, immediately upon the 

ratification of said act of the 8th day of March, 1870. 

Sec. 2. That tlie power of the governor to appoint direc' Appointees of the 
tors in said AVilmington, Charlotte and Rutherford Railroad to'transto^prop-^ 
Company having so ceased as aforesaid, it shall be the duty ^^^^' 
of William Sloan, and others claiming to act as directors, by 
virtue of such appointment from the governor, and they are 
hereby required to account with, and immediately to trans- 
fer all books and papers, money, choses in action, and pro- 
perty and effects of every description of said company now 
in their hands, to the president and directors elected by the 
stockholders at their last regular annual meeting, held in the 
city of Wihnington on the twentieth (20th) day of October, 
1870. 

Sec. 3. Be it further enacted, That a refusal or failure to penalty for diso. 
account or to transfer the books and property of the com- ^^diencc to this 



60 



1870-'71.— Chapter 23—24. 



Right or interest 
of the State not 
aflFected by this 
act. 



Proviso. 



When act to take 
effect. 



pany as directed by the preceding section, shall be deemed 
a misdemeanor, and the offender upon conviction in any 
superior court of the state, sliall be fined or imprisoned, or 
botli at the discretion of the court. 

Sec. 4. That nothing in this act contained shall be con- 
straed to affect any other right or interest the state may 
have in the said company, or any claim against the same ; 
Provided., That this act shall not prevent the general assem- 
bly of ITorth Carolina from hereafter providing tor the rep- 
resentation ot the interests, whatever they may be, of the 
state in this corporation ; and that no sale or other disposi- 
tion of her interests shall be valid without the consent of the 
general assembly of iN^orth Carolina. 

Sec. 5. That this act shall be in force from and after its 
ratification. 

Eatified the 22nd day of December, A. D. 1870. 



CHAPTER XXI Y. 



AN ACT IN RELATION TO MUNICIPAL ELECTIONS. 



Qualification of 

Voters. 



Registration to be 
made. 



Section 1. The General Assembly of North Carolina do 
enact as folloios, No person shall be entitled to vote for 
mayor, intendant of police, commissioners, aldermen or 
other officers of an incorporated city or town, or at any 
election held therein for any municipal purpose, unless he 
shall be an elector of the state of North Carolina and shall 
have resided next preceding the day of election, ninety days 
within the corporation and ten days within the ward in 
which he claims to be a voter. 

Sec. 2. It shall be the duty of the corporate authorities 
of every city and town to cause a registration to be made of 
all voters qualified as above mentioned, under the rules and 
regulations heretofore used. 



1870- 71.— CiiAPTEK 24. 61 

Sec. 3. x^o person shall he a mayor, commissioner, inten- Quaiiffcation of 
dant of police, alderman or other chief corporate officer of 
an}' cit}' or town, unless he shall be a qualified voter therein 

Sec. -i. It shall be lawful to challenge the right of any Challenging of 
person to vote, either on the day of election when he OjBPers 
to vote, or on the day of registration when he ofiers to 
register, and if it shall appear to the judges of election or a 
majorit}- thereof, or to the registering officer that such person 
is disqualified, he shall be excluded from registration, or, if Exclusion from 

-^ ' . . to 5 ) voting. 

he has been registered, from voting. 

Sec. 5. Section two of an act ratified December 16th, Repealing clause. 

1868, entitled "an act to provide for the holding of municipal 

elections in Xorth Carolina," and all other acts and ordinances, 

or parts thereof, in conflict with this act, are hereby repealed. 

Sec. 6. That the time for the regular election for municipal Time for munici- 
rt, . , . . , . ^ 1 .11 j:. 1 • pal elections to be 

ofncers m the cities, towns and incorporated villages of this tirst Monday in 

state, shall hereafter be the first Monday in May in each ^^' 
year ; Provided, That this act shall not apply to the town proviso, 
of Washington and Goldsboro' for the year 1871. But 
nothing in this act shall apply to the town of Fayetteville or 
the city of Wilmington, and all officers who shall be elected 
in said towns of Washington and Goldsboro' at the election 
in January, 1871, shall continue to hold office until the 
regular election in May, 1872 ; Provided, furtlier, That in Further proviso, 
all cities and towns not specially excepted in this act all per- 
sons now in office by virtue of any election shall continue in 
office until the first general election in May, 1871. 

Sec. 7. This act shall be in force from its ratification. Whcn>ct to be in 
I^catified the 22nd day of December, A. D. 1870. *°'''''' 



62 1S70-'71.— Chapter 25. 



CHAPTEE XXY. 

AN ACT m RELATION TO BURNT RECORDS OF CLAY COUNTY. 

Preamble. Whereas, On the night of the 20th of May, A. D., one 

thousand eight hundred and seventy, tiie jail in the town of 
Hayesville, Clay county, was destroyed by fire ; and whereas, 
the offices of superior court clerk and of the register of deeds 
of said county were kept in said jail, and in consequence of 
said burning the records, documents and papers belonging 
to said offices were destroyed ; therefore, 

Civil suits may be SECTION 1. 2'he General Assemhly of North Carolina do 
enact. That all civil suits that were pending in said superior 
court at the time of said burning, may be re-instated upon 
the dockets by the plaintiff or plaintiffs upon petition sworn 
to according to law, and filed before the judge of the superior 

court during setting forth in substance the facts of 

the case according to the best of said plaintiff or plaintiffs' 
information and belief; or if said plaintiff or plaintifi's elect 
to do so, a new suit may be instituted, and the costs of suit 
already incurred shall be taxed in the costs of said suit ; 

Proviso. Provided^ That in either case the defendant or defendants 

shall have ten days notice thereof to show cause why said 
suit shall not be so reinstated. 

New bills may be Sec. 2. In all state cases that were pending in said supe- 

sent to grand jury . t • r. i ■^ t -n i 

in State cases. rior court the solicitor for the state may send new bills and 

have them passed upon by the grand jury, and if a true bill 

be found, then the case shall be placed upon the docket and 

be proceeded upon regularly, and the costs heretofore 

accrued shall be taxed according to law with the costs of said 

Proviso. gnit ; Provided^ That if the party against whom the new 

bill is found be already arrested, a trial shall be had, unless 

the same be continued at the discretion of the judge. 

Bills of costs may Sec. 3. All bills of costs may be reinstated upon the 

be remstated. ."^ i.in-i 

dockets of said court upon motion, made to the judge of said 

Proviso. court at a regular term thereof ; Provided^ That the clerk, 

or other officer of the court, shall file an affidavit setting 



ISTO-'Tl.— Chaptee 25. 63 

forth in substance the amount of costs due and to whom ; 

And provided further, That the party or parties to be Further proviso. 

charged therewith shall have written notice thereof, at least 

twenty days before the term at which said motion is made, 

commanding bim or them to appear and show cause, if any 

they have, why said motion shall not be granted. ! 

Sec. 4. That any judgment may be reinstated upon the be^rlkistated.^^ 
judgment docket npon motion of the plaintiff or plaintiffs 
at a regular term of said court, npon affidavit setting forth ' 

in substance the amount of said judgment and costs, and | 

the time (as near as may be) at which said judgment was i 

docketed ; Provided^ That the plaintiff or plaintiffs, shall Proviso. \ 

have notified the defendant or defendants, or their represen- j 

tatives at least twenty days before said term of the court to ; 

appear and show cause why said motion shall not be granted ; \ 

and the judgment thus restored, shall be a lien on the real 
property of said defendant or defendants in Clay county, ; 

from the time the plaintiff alleges in his affidavit that said , 

judgment was docketed. 

Sec. 5. That all persons who have heretofore filed bonds Adrainistrators j 

^ _ _ and guardians to 

as administrators or guardians in the late county court or renew their bonds. 
the probate court of said county of Clay, shall be forthwith 
notified in writing by the judge of probate to appear before 

him within twenty days from the service of said notice upon j 

them, and renew their said bonds, and to render an account I 

or inventory on oath of the amount of property or assets in \ 

their hands belonging to the estate or wards of which tliey * 

may be administrator or guardian, (as the case may be,) and ^ 

to make return of copies of all reports and accounts hereto- ' 

fore made by them, as near as possible ; and all persons j 

failing to appear and file bonds and accounts as aforesaid, '| 
after being so notified, shall be deemed guilty of a contempt 
of the process of the superior court, and punished as in other 

cases of contempt. i 

Sec. 6. That if the said administrator or administrators, Admiuistrators ' 

guardian or guardians shall not be able to renew their said S'fto^bTrc-" ' 

bonds as required in the precedino; section, then tlic iudirc "'oved by Judpe , 

^ J ^ ' •' ^ of Probate. 

of probate shall remove said administrator or administrators, 



64 



1879-'71.— Chapter 25. 



New appointee to 
collect property. 



Penalty for ne- 
glect by Judge of 
Probate. 



Dowers and j'ear's 
provisions legal- 
ized. 



Acts heretofore 
done to re-estab- 
lish records de- 
clared valid. 



"When act to be in 
force. 



guardian or guardians, and appoint some other suitable 
person or persons in their steads as provided by law, and 
the person or persons so appointed shall proceed at once by 
suit or otherwise, to collect the property or amount due 
trom his or their predecessor or other persons under the 
rules now prescribed by law. 

Sec. 7. That if the judge of probate shall tail to perform 
an}' of the duties required of him Ijy the two preceding sec- 
tions, he shall be deemed guilty ot a misdemeanor, and upon 
conviction, shall be punished b) fine or otherwise, in the dis- 
cretion of the judge. 

Sec. 8. That all dowers and yeai's provision which have 
heretofore been set apart and allotted to any widow by order 
of the late county court or the court of probate, be, and the 
same are in all things legalized and confirmed, and that in 
all cases where dower or years allowance has been set apart 
and allowed to any widow, and no report made thereof, the 
probate judge shall, upon petition of the widow, and upon 
notice of twenty days to the heirs or other parties interested, 
issue a summons to the parties appointed to allot or set 
apart said dower or years allowance, to make a report of the 
same, and upon report being made, then all subsequent pro- 
ceedings shall be as now. 

Sec. 9. That all acts and things heretofore done in reference 
to the re-establishing of any record in said court, shall be 
deemed valid and binding a=^ to all parties who have had due 
notice thereof. 

Sec. 10. This act shall be in force from and after its rati- 
cation. 

Katified the 23rd day of December, A. D. 1870. 



1ST0-'71.— Chapter 26. 65 



CHAP TEE XX YL 

AN ACT TO AUTHORIZE THE COUNTY CO]SrMISSIO]SrERS OF KAN- 
DOLinr COUNTY TO APPOINT A TAX COLLECTOK. 

Section 1. The General Asseiirihly of North Carolina do Commissioners 
m, 1 . • • j» -r» 1 1 1 i. may appoint tax 

enact. That the comity commissioners ot Kandolph county collectors. 

have full power and authority in their discretion, to appoint 

a tax collector for said county. 

Sec. 2. That any person appointed tax collector Ly virtue Coiiet-tor to ^ive 
of this act shall be required to give bond, with good securities, 
for the faithful collecting and paying over of all the public 
taxes, both state and county, for the period for which he 
shall be so appointed ; the penalty of the said bonds and the 
justifying by the securities thereto, to be the same in all 
respects as is now required of sheriffs for the faithful col- 
lecting and accounting for the taxes by them collected ; 
Provided, The said board of county commissioners may 
make such appointment and take such bonds as well at any 
other of their meetings as at the annual meeting on the first 
Monday in September. 

Sec. 3. That any person appointed tax collector as afore- Term of appoint- 
said upon giving bond as aforesaid, shall be tax collector for '"'^"^• 
said county for the period of one year from his appointment. 

Sec. 4. That upon the ap])ointment of a tax collector for cicrk of Commis- 
said county as aforesaid, it shall be the duty of the clerk of fioncrs to deliver 

•^ . t*^-^ books. 

the board of comniisgioncrs to deliver to such tax collector 
the tax books for the current year of his appointment, and 
perform all other duties required by law in relation to the 
taxes of said county, as if the tax collector were the sheriff 
of the county, under the penalties now prescribed by law for 
failure to perform such duties. 

Sec. 5. That such tax collector shall receive the same Remuneration, 
commissions, perform the same duties, have the f-amei)Owers, J^f ^coHwtcV'"'^''^* 
and he and his sureties on his bond be liable to the same 
penalties and forfeitures for any and all failures to collect 



66 



1870-'71.— Chapter 26—27. 



and properly pa}' over and account lor the taxes, both state 
and county, as a sheriff is now by law. 

ratification. 

Ratified the 23rd day of December, A. D. 1870. 



CHAPTEE XXA^II. 



Pvepeal. 



RestrictioiKS on 
huiitin!^ in Cvirri- 
tuck coubt ■. 



Nunrusiiluuts (jf 
State not to kill 
or take wild fowl 
by blinds, etc. 



Penalty for viola- 
tion of tills act. 



Fines to jjo to 
school fund of 
county. 
Proviso. 



AN ACT TO REPEAL CHAPTER FORTY-TWO (42) OF THE PUBLIC 
LAWS OF 1869-'70, AND FOR OTHER PURPOSES. 

Section 1. The General AssemMy of North Carolina do 
enact ^ That chapter forty-two, (42) of the laws of 18G9-'70, 
being an act for the better protection of the fowling interests 
in the waters of Currituck county, be and the same is hereby 
repealed. 

Sec. 2. It shall not be lawful tor any person to hunt or 
shoot W'ild fowl in the county of Currituck on the Sab- 
bath day, or hunt or shoot them on any day of the week 
after the hour of sunset, and before the hour of daylight m 
the morning with gun or fire, or use any gun other than can 
be fired from the shoulder. 

Sec. 3. It shall not be lawful for any non-resident of this 
state to build or use any blinds, boxer, batteries or floats or 
use any wood decoys, ducks or geese, or live ducks or geese 
for decoys in any of the waters of said county for the pur- 
pose of killing or taking wild fowl. 

Sec. 4. Any person violating the provisions of the second 
and third sections of this act shall be guilty of a misdemeanor, 
and upon conviction in the superior court of Currituck 
county, shall be fined not less than one hundred dollars, or 
imprisoned not less than thirty days, at the discretion of the 
court. 

Sec. 5. That all fines collected or imposed under the pro- 
visions of this act, shall go to the common school fund of 
Currituck county ; Provided^ Any person giving informa- 



1S70-'71.— CiiAiTER 27—28. 6T 

tion of the violation of this act to the proper persons, shall, 
upon conviction of the parties, be entitled to receive one 
half of said line. 

Sec, G. It shall l>e the duty of the iiistices of the peace in Ju'^tuHsui u.e 

'' . *' , . , . , , Pfiit-c to issue 

sjiid county of Cnrrituck, upon information ot the violation warrants of anci^i 

of this act, to issue his warrant tor the arrest of the offender, 

and if found guilty h}- him, he shall bind them over in such 

sums as he thinks proper ; Pro-oided, That such amount 

shall not exceed two hundred and fifty dollars, to the next 

term of the superior court for the county of Currituck. 

Sec. 7. That all laws and parts of laws coming in conflict Repealing clause. 
with this act are hereby repealed in so far as they refer to 
-the county of Currituck. 

Sec. 8. That this act shall be in force from and after its wiu-u act to he 
ratification. ^" ^ '"''-'• 

Ratified the 23d day of December, A. D. 1870. 



CHAPTER XXVIII. 

ARTICLES EXHIBITED BY THE HOUSE OF KEPRESENTATIA^ES OF 
THE STATE OF NORTH CAROLINA, IN THE NAME OF THEM- 
SELVES AND ALL THE PEOPLE OF THE STATE OF NORTH CAKO- 
LIKA, A(;aINST WILLIAM W. HOLDEN, GOVERNOR OF THE 
STATE OF NORTH CAROLINA, IN MAINTENANCE AND SUPPORT 
OF THEIR IMPEACHMENT AGAINST HIM, FOR HIGH CRIMES 
AJfD MISDEMEANORS IN HIS SAID OFFICE. 

Article I. 

That by tlie constitution of the state of North Carolina, Ar'JiU- '. 
the g:)vernor of sai ) state has power to call out the militia 
th(!rcof to execute the laws, suppress riots or insurrection, 
and repel invasion, whencNcr the execution of the law shall 
be resisted, cr there shall exist any not, insurrection or in- 
vaijion, hot not otherwise; that William W. Holden, Gov- 



€8 



1S70-'71.— Chapter 28. 



The coiiuty of 
Alamance de- 
clared in insur- 
rection. 



Suspension of 
civil authority. 



Persons impris- 
oned. 



ernor of said state, unmindful of the high duties of his office 
the obh'gation of his solemn oath of office, and the constitu- 
tion and laws of said state, and intending to stir up civil 
war, and subvert personal and public libert}'', and the consti- 
tution and laws of said state, and of the United States, and 
contriving and intending to humiliate and degrade tlie said 
state and the people thereof, and especially tlie people of the 
county of Alamance, and to provoke the people to wrath and 
violence, did under color of his said office, on the seventh 
day of March, in the year of our Lord one thousand eight 
hundred and seventy, in said state, of his own false, corrupt 
and wicked mind and purpose, proclaim and declare that 
the county of Alamance, in said state, was in insurrec- 
tion, and did, after the days and times last aforesaid, send 
bodies of armed, desperate and lawless men, organized and 
set on foot without authority of law, into said county, and 
occupy the same by military force, and suspend civil author- 
ity, and the constitution and laws of the state ; and did, after 
the days and times last aforesaid, and before the time of im- 
peachment in this behalf, through and by means of such 
armed, desperate and lawless men, arrest many peaceable 
and law-abiding citizens of said county of Alamance, then 
and there about their lawful business ; and did detain, liold, 
miprison, hang, beat and otherwise maltreat and injure 
many of them, to-wit : Lucien II. Murray, George S. Rogers, 
William Bingham, Alexander Wilson, Walter Thornton, 
William Eedding, Thomas M. Holt, George Andrews, John 
Andrews, Frederick Blanchard, Adolphus G. Moore, John 
Roberson, James N. Holt, William Tate, Alexander Patton, 
Jesse Grant, Lemuel Whitsett, Josiah Thompson, Sidney' 
Steel, George Johnson, William Patton, Joseph Wright, 
Benjamin McAdams, Puffin Andrews, Thomas Pay, Joseph 
Prichard, Loftin Tear, Joseph Thompson, Henry Cooke, 
William Andrews, M. IST. Shaw, John Long, James II. An- 
derson, Joseph Gibson, Henry Prichard, Joseph Xelson, 
James R. Murph}^, Jr., William Kirkpatrick, Thomas Gray, 
Jefferson Younger, Frank Mebane, Clement Curtis, John 
W. McAdams, William, Moore, William Clendenen, D. 



1ST9-T1.— CnAFiEK 28. 69 

^Y. Y\^lieeden, Daniel Moses, P. Thompson, David Moore, 
Monroe Fowler, Henry, C. Hurdle, William "Whitsett, Al- 
bert Murray, J. G. Moore, Joseph Kirkpatrick, "VV. Y.Mont-' 
gomery, John Trollinger, Jerry Whitsett, Calvin Gibson, 
John G. Albright, Robert Hannah, William Johnson. Hen- 
derson Scott, William Stockard, James Dickson, K. A. 
Albriglit, Thomas Lutterloh, John Grant, James Foust, 
John Curtis, A. Thompson, Robert Stockard, J. A. Moore, 
James T. Hunter, James S. Scott, John Smith, George An- 
drews, Milton Pickard, Henry Robertson, John R. Stock- 
ard, John Cui-tis and Joseph Stockard, when in tact and 
truth there was no such or any Insurrection in said county of 
Alamance. And he, the said William W. Holden, gover- 
nor as aforesaid, well knew that such and said proclamation 
was utterly groundless and false, and that there was no in- 
surrection in said county, and that all civil authorities, both 
state and county, in said county, were peacetully and regu- 
larlv in tlic full, free and unrestrained exereise in all respects 
of the functions of their otHces, and the courts were all open 
and the due administration of the law was unimpeded b}' 
any resistance Avhatsoever, whereby the said William W. Hoi- Charge, 
den, governor as aforesaid, did then and there, and in the 
way and manner, and by the means aforesaid, commit and 
was guilty of a high crime in office against the constitution 
and laws of said state, and the peace, interests and dignity 
thereof. 

ARTICLE II. 

That \>y the constitution of the state of North Carolina Article lij; 
the governor ot said state has power to call out the militia 
thereof to execute the law, suppress i-iots or insurrection 
whenever the execution of the law shall bo resisted, or there 
shall exist any riot, insurrection or invasion, but not other- 
wi.^e. That William W. Holden, governor ot said state, 
unmindful of the high duties of his office, the obligations of 
his S(jlemn oath ot office and the constitution and laws of SpCCUicatioos. ' 
.said state, and intending to stir up civil war, and ^subvert 



70 



1S70-'71.— Chapter 28. 



Persous impris- 
oned. 



Charge. 



personal and public liberty, and the Constitution and laws of 
said State and of the United States, and contriving and in- 
tending to humiliate and degrade the said State and the 
people thereof, and especially the people of the County of 
Caswell in said State, and to provoke the people to wrath 
and violence, did under the color of his said office, on the 
eighth day of July, in the year of our Lord one thousand 
eight hundred and seventy, in said State, of his own false, 
corrupt and wicked mind and purpose, proclaim and declare 
the County of Caswell in said State in insurrection, and did 
after the days and times last aforesaid, send bodies of armed, 
desperate and lawless men, organize and set on foot without 
authority of law, into the said Connty and occupy the same 
by military force and suspend the civil authority and the 
Constitution and laws of the State, and did, after the days 
and times last aforesaid, and before the time of impeachment 
in this behalf, through and by means of such armed, desper- 
ate and lawless men, arrest many peaceable and law-abiding 
citizens of said County of Caswell, then and thereabout their 
lawful business, and did detain, hold, imprison and otherwise 
maltreat and injure many of them, to wit: John Kerr, 
Samuel P. Hill, William B. Bowe, Nathaniel M. Roane, 
Frank A. Wiley, Jesse C. Griffith, J. T. Mitchell, Thomas 
J. Womack, A. G. Young, John M. Kee, A. A. Mitchell, 
Yancey Jones, J. M. Keal, Barzillai Graves, Robert Roane, 
James P. Fowler, M. Z. Hooper, James C. Williamson and 
Peter H. Williamson, when, in fact and truth, there was no 
such or any insurrection in said county of Caswell, and he, 
the said William W. Holden, governor as aforesaid, well 
knew that such and said proclamation was utterly groundless 
and false, and that there was no insurrection in said County 
of Caswell, and that all the civil authorities, both State and 
County in said County, were peacefully and regularly, in the 
full, free and unrestrained exercise in all respects of the 
functions of their offices, and the courts were all open and 
the due administration of the law was unimpeded by any 
resistance whatsoever, whereby the said William W. Holden, 
governor as aforesaid, did then and there, and in the way 



1S70-'71.— CuAPTER 28. 71 

and manner, and by the means aforesaid, commit and was 
guilty of a high crime in office against the constitution and 
laws of said state, and the peace interest and dignity thereof. 

Article III. 

That the said William W. Holden, governor of the state Article III. 
of Xorth Carolina, on the fifth day of August, in the 3'ear of 
our Lord one thousand eight hundred and sevent}', in the 
county of Orange, in said state, did then and there unlaw- Specification, 
fully, and without any lawful warrant and antliority, and in 
defiance and subversion of the constitution and laws of said 
state, and in violation of his oath of ofiice, and under color 
of his said office, incite, procure, order and command one 
John Ilunnicutt and other evil disposed persons to assault, 
seize, detain and imprison and deprive of his liberty and 
privileges as a freeman and citizen of said state, Josiali 
Turner, Junior, a citizen and resident of the county ot 
Orange in the state aforesaid, and in pursuance of said in- 
citement, procurement, order and command the said John 
Ilunnicutt and the evil disposed persons aforesaid did assault, 
seize, detain, imprison and deprive of his libert}' and privi- 
leges as a freeman and citizen of said county and state for a 
long time, to-wit : For the time of ten days and more, the 
said Josiah Turner, Junior, whereby the said William W. Charge. 
Ilolden, governor as aforesaid, did then and there commit a 
high misdemeanor in office against the constitution and laws 
ot said state, and the peace, interests and dignity thereof. 

Article IV. 

That the said William W. Ilolden, governor of the state Article IV. 
of North Carolina, on the first day of August, in the year of 
our Lord one thousand eight hundred and seventy, in the 
county of Caswell in said state, did then and there unlaw- Specificatiou.; 
fully and without any lawful warrant and authority, and in 
defiance and subversion of the constitution and laws of said 
state, and in violation of his oath of office, and und^r color of 
3 



T2 

Article IV 



Charge. 



Article V. 



Specifieatioas. 



18T0-'71.— Chapter _2S. 

liis said office, incite, procure, order and command one 
George W. Kirk, and one B. G, Jjurgen and other evil 
disposed persons, to assault, seize, detain and imprison and 
deprive of their liberty and privileges a.-, freemen and citizens 
of said state, John Kerr, Samuel P. Hill, William B. Bowe 
and Kathaniel M. Koane, citizens and residents of the county 
of Caswell in the state aforesaid ; and in pursuance ol said 
incitement, procurement, order and command the said 
George W. Kirk and the said B. G. Burgen, and the evil 
disposed persons aforesaid, did assault, seize, detain, im- 
prison and deprive of their liberty and privileges as freemen 
and citizens of said county and state for a long time, to-wit : 
For the time of one month and more, the said John Kerr, 
Samuel P. Hill, William B. Bowe and Nathaniel M. Roane, 
whereby the said William W, Ilolden, governor as afore- 
said, did then and there commit and was guilty of a high 
misdemeanor in office against tlie constitution and lawb of 
said state and the peace, interests and dignity thereof. 

Article Y, 

That the said WilHam W. Holden, Governor ot the state 
of North Carolina, heretofore, to-wit : in the months of June, 
July and August in the year of our Lord one thousand eight 
hundred and seventy, under color ot his said office, unlaw- 
fully recruited, armed and equipped as soldiers, a large num- 
ber of men to-wit : five hundred men and more, and organ- 
ized them as an army, and appointed officers to command, 
and use such armed men as lie, the said William W. Hol- 
den, governor, under color of his said office, might from 
time to time order and direct ; that during the said months 
of June, July and August, he, the said William W. Holden, 
governor as aforesaid, under color of his said office, placed 
a large number ot said armed men under the immediate 
command and control of one George W. Kirk, as colonel, 
aided by one B. G. Burgen, as lieutenant colonel, one H. C- 
Yates, as major, and sundry other persons as captains and 
lieutenants, and sent such last mentioned armed men under 



1ST0-' 71.— Chapter 28. 73 

the iiuinediate command of George W. Kirk, as colonel, B. Article V. 
G. Burgen, as lieutenant colonel, H. C. Yates, as major, and 
said sundry other persons as captains and lieutenants, into 
tlie county of Alamance, and by the procurement, order and 
command of him, the said William W, Ilolden, governor, 
as aforesaid, under color of his said office, the said armed 
men last aforesaid, seized, held detained, and imprisoned, in 
said county of Alamance, one Adolphus G. Moore, a peace- 
able and law-abiding citizen of said county, then and there 
engaged about his lawful business ; that the said Adolphus 
G. Moore, being so seized, held, detained and imprisoned and 
deprived of liis liberty, was then and there in the custody of 
the said George W. Kirk, acting as colonel, and commanding 
the armed body of men, last aforesaid, by the order, command 
and procurement of the said "William AV. Ilolden ; that the 
said Adolphus G, Moore being so seized, held and imprisoned 
and deprived of his liberty, made due application to the 
Honorable Ilichmond M. Pearson, chief justice of the 
supreme court of said state, as by law he might do, for the 
writ oi haJjeas corpus, to the end that he, the said chief jus- 
tice, might duly enquire the cause of said seizure, detention 
and imprisonment, and deliver him from the same according 
to law." That the said chief justice issued the writ oi habeas 
corpus at the instance of the said Adolphus G. Moore, 
directed to the said George W. Kirk, commanding him 
forthwith to produce the body of the said Adolphus G. 
Moore, before him, the said chief justice, at the chamber of 
the supreme court in the city of Ealeigh, in said state ; that 
said George W. Kirk was, on the seventeenth day of 
July, in the year of our Lord one thousand eight hundred 
and seventy, in the county of Alomance, duly served with 
the said writ of Juibeas corpus i that he made no return of 
or to the same, as required by law, and refused to produce 
the body of the said Adolphus G. Moore, before the said chief 
justice according to the exigency of said writ, avowing and 
declaring that he had made such seizure and detained and 
imprisoned the said Adolphus G. Moore, at the instance of 
and by the procurement, command and order of the said 



74 1870-'71.— Chapter 28. 

Article V. William W. Ilolden, governor as aforesaid, and would nol 

produce the body of him, the said Adolplms G. Moore, 
before the said chief justice according to the exigency ot said 
writ, unless compelled so to do by superior armed f'^rce, 
or by the express order and command of the said William 
W. Holden, governor as aforesaid ; that such refusal of the 
said George W. Kirk to obey the said writ, was made duly 
to appear before the said chief justice, whei-enpon the said 
chief justice made enquiry of the said William W. Ilolden, 
governor as aforesaid, if he had so ordered the said George 
W. Kirk to so seize, detain and imprison the said Adol- 
phus G. Moore ; that the said William W. Holden, gover- 
nor as aforesaid, made answer in substance, and to the effect 
to said enquiry of said chief justice, that he had theretofore 
ordered and commanded the said George W. Kirk to so seize, 
detain and imprison and deprive of his liberty, the said 
Adolphus G. Moore, and that such seizure and detention 
was made by his order and command, whereupon the said 
chief justice, upon due consideration, solemnly adjudged in 
substance and effect that according to the constitution and 
laws of said state, the privilege of the writ of hnhea.s carj}ns 
was not suspended, and that the said George W. Kirk and 
the said William W. Holden, governor as aforesaid, were in 
duty bound to bring and produce tlie body of the said 
Adolphus G. Moore, before him the said chief justice ac- 
cording to the exigency of tho said writ ; yet the said Wil- 
liam W. Holden, governor as aforesaid, unmindful of hie 
most sloemn oath of office, and his high duties as the ckccu- 
tive of said state, and contriving, and then and there intend- 
ing to deprive the said Adolphus G. Moore of his liberty as 
a free citizen of said state, and to defy and subvert tlie con- 
stitution and laws of said state, declared that ho li*d m 
ordered, and did still so order and command the said Geo. 
W. Kirk not to obey the said writ so issued by the said 
chief justice, and then and tliero declared to the said chief 
justice, that he, the said William W. H(»lden, governor as 
aforesaid, would not obey the said writ, or the command of 
the said chief justice in that behalf, and that he would sot 



ISTO-'Tl.— Chapter 28. 

allow the said George W. Kirk to obey the same and pro- Article Y, 
diice the body of the said Adolphus G. Moore, before the said 
chief justice, according to the exigency of said writ, until 
«nch time as in his discretion he might think proper so to 
do ; that while the said WilHam W. Holden, Governor as 
aforesaid, so seized, held, detained, imprisoned and deprived 
of his liberty, said Adolphus G. Moore, and so refused 
to obey the said writ, and to command the said George "W. 
Kirk so to do, and so restricted the laws and the lawful au- 
thority of the said cliief justice, lie was by his own procure- 
ment, order and command supported in that behalf by the 
means and nse of eaid armed men, so commanded and con- 
trolled as aforesaid, and so the said AVilliam W. Holden, gov- 
ernor as aforesaid, did in the way and manner, and by the 
means aforesaid, procure, order and command tlie said 
George W. Kirk, so cliarged by said writ of habeas cor- 
p^ts, to refuse to make due return of or to the same, and 
produce the body of the said Adolphus G. Moore, before 
the said chief justice, according to tlie exigency of the said 
writ, and to resist the same and the lawful authority of the 
said chief justice, and did himself, then and there, in the 
way and manner and by the means aforesaid, resist the due 
execution of tlie said writ, and the lawful authority of the 
said chief justice, and did then and there, in the way and man- 
ner, and b}' the means and armed force aforesaid, suspend 
the privilege of the writ of Jialeas corjnis, and did unlaw- 
fully and violently seize, detain, hold, imprison and deprive 
of his liberty, the said Adolphus G. Moore, and for a long 
time, to-wit : for the space of one calendar month, after the 
said chief justice had adjudged such detention illegal, did 
continue to hold and detain and caused to be held and 
detained said Adolphus G. Moore, and did in the way and 
manner and by the means aforesaid, make the military 
supersede and prevail over the lawful civil power of the 
state, all which acts, matters and things, he, the said Wil- 
liam W. Holden, governor as aforesaid, did as aforesaid, in 
violation of his solemn oath of office, and whereby he the 
said William W. Holden, governor as aforesaid, did then Charge. 



76 



1870-' 71 .—Chapter 28. 



and there commit high crimes and misdemeanors in office, 
against the constitution and laws of said state, and the peace, 
dignity and interests thereof. 

Article VI. 



Article VI. 



Specification. 



That the said William AV. Ilolden, governor of state of 
Xorth Carolina, heretofore to-wit : In the months of June, 
July and August, in the year of our Lord one thousand 
eight hundred and seventy, under color of his said office, 
unlawfully recruited, armed and equipped as soldiers a large 
number of men, to-wit : Five hundred men and more, and 
organized them as an army, and appointed officers to com- 
mand and use such armed men as he, the said William W. 
Ilolden, governor as aforesaid, under color of his said office, 
might from time to time order and direct ; that during the 
said months of June, July and Ajigust, he, the said William 
W. Ilolden, governor as aforesaid, under color of his said 
office, placed a large number of said armed men under the 
immediate command and control of one George W. Kirk, 
as colonel, aided by one B. G. Burgen, as lieutenant colonel, 
one H. C. Yates, as major, and sundry other persons as 
captains and lieutenants, and sent such last mentioned armed 
men under the immediate command of George AV. Kirk, as 
colonel, B. G. Burgen, as lieutenant colonel, II. C. Yates, as 
major, and said sundry other persons as captains and lieu- 
tenants, in the county of Caswell, and by the procurement, 
order and command of him, the said William W. Ilolden, 
governor as aforesaid, under color of his said office, the said 
armed men last aforesaid seized, held, detained and im- 
prisoned in said county of Caswell, John Kerr, Samuel P. 
Hill, Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell, 
Thomas J, Womack, A. G. Yancey, John McKee, A. A. 
Mitchell, Yancey Jones, J. M. Neal, William B. Bowe, 
Barzillai Graves, Is^athaniel M. Roane, Bobert Roane, James 
R. Fowler, M. Z. Hooper, James C. Williamson and Peter 
II. Williamson, peaceable and law-abiding citizens of said 
county, then and there engaged about their lawful business ; 



1870-71.— CiiAriER 28. 77 

that the said John Kerr, Samuel P. Hill, Jesse C. Griffith, Article VL 
Frank A. Wiley, J. T. Mitchell, Thomas J. AVomack, A. 
G. Yancey, John Mclvee, A. A. Mitchell, Yanee}' Jones, J". 
M, Xeal, William B. Bowe, Barzillai Graves, Nathaniel M. 
Eoane, Bobert Boane, James B. Fowler, M. Z. Hooper, 
James C. Williamsom and Peter II. Williamson, being so 
seized, held, detained and imprisoned and deprived of their 
libert}', were then and there in the custody ot the said 
George W. Kirk, acting as colonel and commanding the 
armed body of men last aforesaid, by the order, connnand 
and procurement of the said William W. Ilolden, governor 
as aforesaid ; that the said John Kerr, Samuel P. Hill, Jesse 
C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas J, 
Womack, A. G. Yancey, John McKee, A. A. Mitchell, 
Yancey Jones, J. M. Xeal, AVilliam B. Bowe, Barzillai 
Graves, Nathaniel M. Boane, Bobert Boane, James B. 
Fowler, M. Z. Hooper, James C. Williamson and Peter H. 
Williamson being so seized, held and imprisoned and de- 
prived of their liberty, made due application to the Honor- 
able Bichmond M. Pearson, chief justice ot the supreme 
court of said state, as by law they might do, for the writ of 
haheas corpus to the end that he, the said chief justice, might 
duly enquire the cause of said seizure, detention and im- 
prisonment, and deliver them from the same according to 
law ; that the said chief justice issued the writ of habeas 
eorjMS at the instance of the said John Kerr, Samuel P. Hill, 
Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas 
J. Womack, A. G. Yancey, John McKee, A. A. Mitchell, 
Yancey Jones, J. M. Neal, William B. Bowe, Barzillai 
Graves, Nathaniel M. Boane, Bobert Boane, James B. 
Fowler, M. Z. Hooper, James C. Williamson and Peter II. 
Williamson, on the twenty-sixth day of July, in the year of 
our Lord one thousand eight hundred and seventy, directed 
to the said George W. Kirk, commanding him forthwith to 
produce the bodies of the said John Kerr, Samuel P. Ilill, 
Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas 
J. Womack, A. G. Yancey, John McKee, A. A. IMit -liell, 
Yancey Jones, J. M. Neal, William B. Bowe, Baizillai 



78 1S70-'71.— CuAPTKR 28. 

ArticiGVI. Graves, Nathaniel M. Koaiie, Eobert Eoane, James K. 

Fowler, M. Z, Hooper, James C. Williamson and Peter H. 
Williamson, before him, the said chief justice, at the chamber 
of the supreme court in the city of llaleigh, in said state ; 
that the said George W. Kirk was, on the first day of 
Aiigustjin the year of our Lord one thousand eight hun- 
di'ed and seventy, in the county of Caswell, duly served 
with the said writ of haleas corpus ', but instead of making 
due return to the said writ stated that " I hold the said 
prisoners under orders from W. W. Ilolden, governor and 
commander-in-chief of militia," and refused to produce the 
bodies of the said John Kerr, Samuel P. Hill, Jesse C. 
Griffith, Frank A. Wiley, J. T. Mitchell, Thomas J. Wo- 
mack, A. G. Yancey, John McKee, A. A. Mitchell, Yancey 
Jones, J. M. Neal, William B. Bowe, Barzillai Graves, 
Kathaniel M. Eoane, Eobert Eoane, James E. Fowler, M. 
Z. Plooper, James C. Williamson and Peter H. Williamson 
before the said chief justice, according to the exigencies of 
the said writ ; and thereafter the said George W, Kirk con- 
tinued to hold and detain and deprive of their liberty, the 
said John Kerr, Samuel P. Hill, Jesse. C. Griffith, Frank 
A. Wiley, J. T. Mitchell, Thomas J. Womack, A. G. 
Yancey, John McKee, A. A. Mitchell, Yancey Jones, J. 
M. ISeal, William B. Bowe, Barzillai Graves, Kathaniel M. 
Roane, Eobert Eoane, James E. Fowler, M. Z. Hooper, 
James C. Williamson and Peter H. Williamson for a long 
time, to-wit : For the space of one calendar month, the said 
seizure and detention of the said John Kerr, Samuel P. 
Hill, Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell, 
Thomas J. Womack, A. G. Yancey, John McKee, A. A. 
Mitchell, Yancey Jones, J. M. Neal, William B. Bowe, 
Barzillai Graves, Nathaniel M. Eoane, Eobert Eoane, James 
E. Fowler, M. Z. Hooper, James C. Williamson and Peter 
H. Williamson by the said George W. Kirk and the military 
force under his command as aforesaid, having been made 
and continued as aforesaid by the orders of the said AVilliam 
W. Holden, governor of the state aforesaid, he, the said 
William W. Holden, governor as aforesaid, well knowing 



ISTO-'Tl.— CiiAPTKE 28. 79 

that tlie privilege of the writ of haleus corj)us was not sus- 
pended, and that the said John Kerr, Samuel P. Ilili, Jesse 
C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas J. 
Womack, A. G. Yancey, John McKee, A. A. Mitchell, 
Yancey Jone^, J. M. Keal, William B. Bowe, Barzillai 
Graves, Xathaniel M. Roane, Robert Roane, James R. 
Fowler, M. Z. Hooper, James C. Williamson and Peter H. 
Williamson were so detained without authority ot law, 
whereby he, the said William W. Holden, governor as afore- ciiari,^e. 
said, did then and there commit high crimes and misde- 
meanors in office against the constitution and laws of said 
state, and peace, dignity and interests thereof. 

Article VII. 

That the said William AV. Holden, governor of North Ariuie VIL 
Carolina, unmindful of his high duty to uphold and protect 
the constitution and laws of said state, and the good name, 
■dignity and honor of the people thereof, and unmindful of 
the obligation of his solemn oath of office, under color ot his 
said office, did, in the months of June, July and August, in 
tlie year of our Lord one thousand eight hundred and seventy, 
in said state, without any authority of law, but in contraven- j 

tion and subversion of the constitution and laws of said state SpcciticaUons. I 

and the United States, and intending to provoke and stir \ 

up civil strife and war, recruit and call together from this 
6tate and the state of Tennessee a large number of men, 
to-wit : Five hundred men and more, many of them of the 
most reckless, desperate, ruffianly and lawless characters, and 
■did then and there organize, arm and equip them as an army 
of soldiers, and place the same under the chief command of a 
notorious desperado from the state of Tennessee, by the name 
of George W. Kirk, having falsely proclaimed the counties 
ol Alamance and Caswell in said state in a state of insurrec- 
tion, and did send large numbers of such armed desperate 
men into said counties, under the immediate command ot 
the said George AV. Kirk and two other desperadoes from 
the state of Tennessee, to-wit ; One B. G. Burgen and onu 



80 



1870-'Y1.— CiiAPTEE 28. 



Charge. 



II. C. Yates, and did there and then without any warrant 
or authority, seize, hold, imprison and deprive of tlieir 
liberty for a long time, to-wit : for the time of twenty days 
and more, many of the peaceable and law-abiding citizens of 

said counties, to-wit : John Kerr, Samuel P. Hill, 

Scott, John R. Ireland and many others, and seize, liold, 
imprison and deprive of their liberty, and Jiung by the neck 
William Patton, Lucien II. Murray and others, and did 
thrust into a loathsome dungeon Josiah Turner, junior, and 
F. A. Wiley ; and to maintain, support and aid the lawless 
armed men so organized, armed and equipped, did, under 
color of his said office from time to time during the said 
months of June, July and August, without any lawful au- 
thority, make his warrant upon David A. Jenkins, treasurer 
of the state, tor large sums of mone_y, to-wit : for the sum of 
seventy thousand dollars and more, and cause and procure 
the said David A. Jenkins, the treasurer of the state, to 
recognize such unlawful warrant, and pay out of the treasury 
such said large sums of money to the agent or paymaster of 
the said William W. Holden, governor as aforesaid, for the 
unlawful uses and purposes aforesaid, whereby the said AVil- 
liara W. Ilolden, governor as aforesaid, did then and there 
ard by the means and in the manner aforesaid, commit a 
high misdemeanor in ofUce, in violation of the constitution 
and laws of the state, and of the peace and interests and dig- 
nity thereof. 



Article VIII. 



Article VIII. 



Specifications. 



That the said William W. Ilolden, governor of the said 
state, unmindful of the high duties of his said office, and the 
obligations of his solemn oath of office, and contriving and 
intending, and with a view and for the purpose of support- 
ing and maintaining an armed military force in said state, 
which he had then and there recruited, organized and 
formed for illegal purposes, without the sanction of the con- 
stitution and laws of the said state, but in contravention of 
the same, did from time to time in the months of June, 



1S70-'71.— Chapter 28. . 11 

Julv and Angnst, in the year of our Lord one tliousand A^ti^ic vm. 
eight hundred and sevent}', under color of his said office, in 
said state, without the sanction of the constitution and laws of 
said state, and in violation ol the same, make his warrants as 
such governor upon the treasurer of the said state, for large 
sums of money, to-wit : for the sum of eighty thousand 
($80,000) dollars and more, to be used tor the unlawful pur- 
poses aforesaid ; that the said William W. Holdeu, governor 
as aforesaid, under color of his said office, then and there 
persuaded, commanded, incited and procured David A. 
Jenkins, treasurer of said state, to recognize such and said 
nnlawful warrants on the treasury of said state, and to 
deliver such and said sums of money to such agents of the 
said "William W. Ilolden, governor as aforesaid, as he, 
the said William W. Ilolden, governor as aforesaid, 
might from time to time designate and appoint ; that in 
pursuance of such warrants and orders of the said "Wil- 
liam W. Ilolden, governor as aforesaid, the said David 
A. Jenkins, treasurer as aforesaid, delivered to one A. D. 
Jenkins, called the paymaster, appointed by the said 
William "W. Tlolden, governor as aforesaid, for such purpose, 
large sums of money from said treasury, to-wit : the sum of 
forty thousand dollars or more ; that thereafter, to-wit : in 
the month of August, in the year of our Lord one thousand 
eight hundred and seventy, one Richard M. Allison, a citizen 
of the county of Trcdell, in said state, brought his suit in the 
superior court of the last named count}', in his own behalf, 
and in the behalf of all the tax payers of said state, praying 
tliat a writ of injunction might then and there be granted, 
and issued according to law, restraining the said David A. 
Jenkins, treasurer as aforesaid, from delivering any sum or 
sums of money to the said William W. Ilolden, governor as 
aforesaid, o;* any other persons in obeience to such orders 
and for such purposes, and also restraining the said A. D. 
Jenkins, as such paymaster, or in any other respect or capacity 
from disbursing or disposing of said sum of money so in his 
said liands or any part thereof, for the purposes thereof 
That the Honorable Anderson Mitchell, judge of said superior 



«2 1S70-'71. -CiiAPTEE 28. 

Article VHi. coni't, then and there granted tlie writ of injunction so 
prayed for, enjoining and forbidding tlie aaid David A. 
Jenkins, treasurer as atoresaid, from delivering any money 
from said treasury, in obedience to any sucli warrant or 
order, so made by the said William W. Holden, governor 
as aforesaid, and enjoining and forbidding the said A. D. 
Jenkins, as such paymaster or agent, from using or disbursing 
the said money or any part ot it, so in liis hands, to or for 
the usfe of said armed body of men for any of the purposes 
aforesaid; that the said David A. Jenkins, treasurer, and 
the said A. D, Jenkins, were each duly served with said 
writ ot injunction, but nevertheless, the said William W 
Holden, governor as aforesaid, wickedly intending to suspend 
and subvert the laws of said state, and to defy and disregard 
the lawful authority of said court, did afterwards, to-wit: 
after the month last aforesaid, persuade, incite, order, procure 
and command the said A, D. Jenkins to defy and disregard 
the said writ ot injunction, and to deliver the said money so 
in his custody to another agent of the said William W. 
Holden, governor as aforesaid, to be used for the unlawlul 
purposes aforesaid : that the said A. D. Jenkins, in obedience 
to such last mentioned order, command and procurement ot 
the said William W. Holden, governor as aforesaid, and in 
disregard of such Avrit of injunction and the lawful authority 
of said judge, did deliver tiie said money so in his hands to 
another agent of the said William W. Holden, governor as 
aforesaid, to-wit : To one Itichard T. Berry, to be used for 
the unlawful purpose aforesaid, and the said William W. 
Holden, governor as aforesaid, did then and there in the 
way and manner, and by the means and for the purpose 

i. , iiforesaid, procure, order and command the said A. D. Jen- 

iins so to disregard and disobey the said writ of injunction 
and the lawful authority of said judge, and did then and 
there, and in the way and manner and by the means and for 
the unlawful purpose aforesaid, defy, disregard, ignore, con- 
travene, suspend and defeat the lawful purpose and effect of 
the writ of injunction so granted and issued by the said 
judge; and thereupon and thereafter the said William W. 



1S70- TL— Chaptkr 28—29. 83 

llolden, governor as aforesaid, the said sum of public money 
thus transferred as aforesaid to the liands ot the said Richard 
T- Berry, did order and cause to he paid out and disbursed 
by him, the said Richard T. Berry, to, for and about the 
illegal purposes aforesaid, to-wit : The payment of the 
expenses in keeping on toot, sustaining and maintaining tlie 
said illegal military force as aforesaid ; whereby the said 
William AV. llolden, governor as aforesaid, was then and Charge. 
there guilt j of a high misdemeanor in his said office in viola- 
tion of his oath ol office, and in subversion of the laws of said 
stiite, and the peace, interests and dignity thereof. 

TlioS. J. JARVIS, 
Speahei' of the House of Hejrresentatives. 
W. W. Gaitiier, Clerk 
Passed the 23rd dav of Dufeinber, A. D. 1870. 



C II A P T E R XXIX. 
AX Acr TO ArrnoRizK the roNn'RUCTiox of a turnpike eoad 

FROM MALONE AND ^VIr,^ON's STORE, IN m'dOWELL COUNTY, 
TO FLAT CREEK, TN THE COUNTY OF BUNCOMBE. 

Section 1. The General A.'<yeiiJjly of Kovth Caroliua do AutlioritytriMntrd 

, rpi . r I -T" -o t» 4. *i *. 4r' T> 1 to John E. Palton 

enad, 1 hat .John h,. ratton, of the county ot l3uncomi)e, and others. 

his associates, successors and assigi):^ be and they are hereby 

authorized and empowered to construct a turnpike road to 

be known as the SwanuMioa Cray) Turnpike, from Malone Locntienof .load. 

and Wilson's store, in Mc-i)o\vy]l county, to Flat Creek in 

Buncombe comity, as nearly as may be ex])edient upon the 

road now leading from Maiion, in tlie county ot jMcDowcll. 

to Asheville in the county «>f Bimcombe. 

Sec. 2. That when the .-aid Jolin E. Ratton, or his asso- Hoad to bcrc- 

- . • 1 11 1 1 i 1 4i „ . viewed when com- 

CTAtes, successors oi" a.^sign.- .-hall Jiave completed tlie con- pictcd. 

fitruction of said road, it shall be levieued b}- Fletcher For- 
tune, Ehjah Kerle, Silas Doughert}', James Wilson and 



«4 



18 70-' 71. —Chapter 29. 



Rates of toll. 



Exemption from 
toll. 



Powers granted 
for throe vears. 



Pen;i 



When act to le in 
force. 



Robert Burgin, or a majority of them, and if tliej or a ma- 
jority of them shall give to the said John E. Pattou, his 
associates, successors or assigns, a certificate under their 
hands that said road is well constructed upon a grade to 
be determined upon and required by the commissioners 
herein appointed or a majority of them, and that it is in as 
good condition as it can reasonably be made, he, the said 
John E. Patton, his associates, successors or assigns shall 
have power to erect a gate on any part of said Swannanoa 
Gap Turnpike and to collect such tolls as he may fix for pas- 
sage over said road, not to exceed the following sums, to-wit : 

For hogs or cattle, each 02 cents. 

Loose Horses, '• 03 cents. 

Single horseman, 10 cents. 

One horse wagon, 25 cents. 

Two horse wagon, 50 cents. 

Three horse wagon, 75 cents. 

Four, five or six horse wagon, $1.00 

One horse buggy 50 cents. 

Two horse buggy or carriage, 75 cents. 

Provided., That the said John E. Patton, his associates, 
successors or assigns shall at all times keep said road in good 
condition; And ])rovided further., That no tolls shall be 
collected on said road from any person passing over said 
road to any church or public mill within three miles of the 
same, nor shall any person residing within two miles of said 
road be charged exceeding one-half of the tolls fixed upon. 

Sec. 3. That said John E. Patton, his associates, suc- 
cessors or assigns shall have the powers and authority hei'ein 
granted for the term of three years, and shall be subject to 
indictment and liable to all the pains and penalties for fail- 
in f or neglecting to keep said road in proper repair and con- 
dition, as is affixed by law to such failure or neglect on the 
part of the " Buncombe Turnpike Company," in relation to 
their said road. 

Sec. 4. That this act shall be in force from and after its 
ratification. 

Ratified the 21:th day of December, A. D. 1870. 



1ST0-'71. -CiiArTER 30—31. 86 



CHAPTER XXX. 

AX ACT FOR THE liELIEF OF THE SHERIFF OF CHATHAM 
COUNTY. 

Section 1. The General Assemhly of North Carolina do Relieved from 
^nact, That G. J. Williams, sheriff of Chatliam county, be P^"^"^<^^- 
and is hereby relieved from any and all the penalties whicli 
he may have incurred by failing to settle with the state 
treasurer as the lawi directs, except the costs incurred; Pro- Proviso. 
r/ided^ He makes said settlement with the treasurer by the 
first day of Jannaiy, one thousand eight hundred and seven- 
ty-one. 

S]:(\ 2. That this act sliall be in force from and after its When act to be in 
ratification. 



Ratified the 2.1-th day of Decemljer, A. D. 1870. 



CHAPTER XXXI. 

AN ACT FOR THE RELIEF OF JOHN S. JOHNSTON, SHERIFF OF 
ROCKINGHAM COUNTY. 
\ 

Spxtion 1, TJie General Assemlly of North Carolina do Relief from pcn- 
ena':t, That John S. Johnston, sheriff of Rockingliam county, ^^^^^^' 
l)e and he is hereby relieved lrt)m the payment of all penal- 
ties, except costs incui-j-ed, by reason of his fiiilure to settle 
with the treasurer of the state as required by law ; Provided Proviso. 
neveiiJidess, That said John S. Johnston do make a settle- 
ment of his taxes according to law witli the treasurer by the 
first day cf Felruary, one thousand eight hundred and 
seventy-one. 

Sec. 2. That this act shall be in force from and after its Wheu act to be in 
ratification. ^°''^®' 

Ratified the 18th day of January, A. D. 1871. 



86 18T0-'71.— CirAPTER 32—33. 



CIIAPTEE XXXII. 

AN ACT FOK THE RELIEF OP F. W. BELL, SHERIFF OF BERTIE 

COUNTY. 

Kciieved from SECTION 1. The General AssemUy of North Carolina do 

Jiiic and penaltie?. i 

enact, That F. "W". Bell, sheriff of Bertie county, be, and 

he is hereby released from all fines and penalties incurred 

by reason of failure to settle with the state and county 

treasurer within the time prescribed by law. 

Treasurer autiior- ^Ec. 2. That the treasurer of the State, and of Bertie 

ked to settle. county are hereby authorized to settle with F. W. Bell, 

sheriff aforesaid, in the same manner as if he had offered to 

Piovjso. settle within the time prescribed by law : Provided, The 

said sheriff shall pay all costs heretofore incurred, and make 

his settlement within five days after the ratification of this act. 

Eatified the 19th day of January, A. D. 1871. 



lie Treasurer. 



CHAPTEE XXXIIL 

AN ACT FOR THE RELIEF OF RODERIC m'mILLAN, SHERIFF OF 
ROBESON COUNTY. 

Relieved from SECTION 1. The General Assewthly Qtf North Carolina do 

tainsiim to p\ii> cncict, That Eoderic McMillan, the present sheriff of Eobesoii 
eountj^, be relieved from the payment to the public treasurer 
of Xorth Carolina the sum of one thousand five hundred and 
fifty-two dollars and thirty-five cents, charged against him ior 
public taxes due the state of North Carolina; that amount 
of the public taxes having been collected by his predecessor 
in office, and never turned over to the said Eoderic McMillan, 
as the successor to the former sheriff, and that the public 
treasurer of North Carolina allow the said Eoderic McMillan, 
sheriff' of Eobeson county, the said sum of one thousand five 



1870-'71.— Chapter 3^5—34. 87 

hundred and fifty-two dollars acd thirty-five cents, credited 

on the amount of public taxes charged against said Roderic 

McMillan as said sheriff. 

Sec. 2. That this act shall be in force from and after its When act to be in 
..r, ,. force, 

ratification. 

Ratified the 20th day of January, A. D. 1871. 



CHAPTER XXXIV. 

AN ACT TO ALLOW THE LEGAL REPEESENTATIVES OF JOHN 
TUKNER, LATE SHERH^F OF ORANGE COUNTY, AND OF LOGAN 
H. LORANS, LATE SHERIFF OF LINCOLN COUNTY, TO COLLECT 
ARREARS OF TAXES IN ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-EIGHT, ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
NINE AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY. 

Section 1. The General Assemlly of North Carolina do Authoiity to coi- 
enact, That the legal representatives of John Turner, tSes^^^^*' 
deceased, late sheriff of Orange county, and of Logan II. 
Lorans, late sheriff of Lincoln county, be and are hereby 
authorized and empowered to collect all arrears of taxes due 
for the years one thousand eight hundred and sixty-eight, 
one thousand eight hundred and sixty-nine and one thousand 
eight hundred and seventy, which collection shall be made 
under the same rules, regulations and restrictions as other 
collections of taxes under the laws of the state. 

Sec. 2. That the power and authority hereby granted Authority to cease 
shall cease and determine with the year one thousand eight ^^^^^^^y^""!^^!- 
hundred and seventy one ; Prc/cided, That no person shall Proviso, 
be compelled to pay such taxes, m-Iio will make oath that he 
believes such taxes to have been paid ; Provided furtJier, Further Proviso. 
That the representatives of the estates of decedent jwrsons 
shall not be compelled to pay such arrears of taxes. 

Sec. 3. Tin's act shall be in force from and after its ratifi- AVhcn act to be in 
cation. force. 

Ratified the 2l6t day of Januaiy, 1871. 
4 



1ST0-'71.— Chapter 35. 



CHAPTER XXXV. 

AN ACT TO ALTEK CHAPTER SIX OF THE REVISED CODE, CON- 
CERNING THE NORTH CAROLINA INSTITUTION FOR THE DEAF 
AND DUMB AND THE BLIND. 



Board oiDi- SECTION 1. The General AssemUv of North CoToUna do 

rectors abolished. • ^ , . i i • i i i t 

enact, That chapter six of the revised code is hereby so altered 

and amended as to abohsh the board of directors of said in- 
stitution, and the powers, rights and duties heretofore pre- 
scribed by law to said board shall hereafter be granted to 
Board^f trustees and imposed upon a board of trustees consisting of seven 
persons, who shall have the management and control of said 
institution as fully as has been heretofore given by law to 
thiO board of directors. 

Sec. 2. That W. H. McKee, J. R. Williams, W. W. Vass, 
John C. Palmer, E. S. Tucker, L. E. Ileartt, and Chas. M. 
Busbee, are hereby constituted and appointed said board of 
trustees. They shall organize by choosing one of their num- 
ber as president of the board. The principal of the institu- 
tion shall be ex officio secretary of tlie board, with the same 
duties heretofore pertaining to him as secretary ol the board 
of directors. Vacancies in the board may be filled by ap- 
pointment of the governor, £:ubject to the approval of the 
general assembly who shall themselves fill the vacancy if 
they disapprove the appointment made by the governor ; 
Provided^ That said board of trustees shall hold their 
appointments nntil the first day of January, one thousand 
eight hundred and seventy-three, and until their successors 
are chosen. 

Sec 3. That all laws and parts of laws coming in conflict 
with this act, be and are hereby repealed. 

Sec. 4. That this act shall take effect from and after the 
date of its ratification. 

Ratified the 21st day of January, A. D. 1871. 



Trustees. 



President. 
Secretary. 

Vacancies. 



Proviso. 



Kepeals. 



When act to take 
effect. 



1870-'71.— Chapter 36—37. ,89 



CHAPTER XXXYI. 

A2^ ACT TO ALLOW ENTERERS OF VACANT LAND FURTHER 
TIME TO OBTAIN GRANTS FROM THE STATE. 

Section 1. The General Assemhlv of North Carolina do Kntcrers of land 

, , . granted one year 

enact^ That all enterers of vacant lands in the several counties from 1st day Dc- 

of this state who have not obtained grants from the state ' 

shall have the further period of one year from the first of 

December, one thousand eight hundred and seventy, in 

which to have surveys made and to obtain grants from the 

state thereon. 

Sec. 2. This act shall be in force from and after its rati- When act to b« 
,. . infoice. 

ncation. 

Ratified the 21st day of January, A. D. 1S71. 



Board of Commis- 



CHAPTER XXX YII. 

AN ACT TO EMPOWER THE COUNTY COMMISSIONERS OF DAVIDSON 
COUNTY TO APPOINT A TAX COLLECTOR. 

Section 1. The General Assenibhj of North Carolina do 

enact. That the board of commissioners of Davidson county sioncrs to appoint 

1 . 1 , 1 . n tax collector, 

are autliorized and empowered to appoint a tax collector tor 

said county for tlie 3'ear 1871. 

Sec. 2. That such tax collector shall give bonds a-s now collector to nve 
required of officers collecting taxes, conditioned faithfully to ^°°^^* 
collect and account for the state and county taxes of said 
county for the year one thousand eight hundred and seventy- 
one, according to law ; and shall have all the powers, per- powers and du- 
form all the duties, be subjected to all the ])enalties and re- *'*°^* 
ceive all the em.oluments of oflicers collecting taxes ; and the 
tax lists of said county when made out shall be turned over 
to said tax collector. 



90 1870-'71.— Chapter 37—38—39. 



When act to be in g^^c. 3. That this act shall be in force from and after its 
ratification. 

Eatified the 21st day of Jannary^ A. D. 1871. 



CHAPTER XXXYIII. 

AN ACT TO ALLOW THE COMMISSIONERS OR OTHER MUNICIPAL 
AUTHORITY OF ANY CITY OR TOWN, OR INCORPORATED VIL- 
LAGE, TO BUY AND HOLD REAL ESTATE FOR THE PURPOSE 
OF A CEMETERY. 

Municipal author- SECTION 1. TTie GeiuvoZ Assemhly of North Carolina do 
chase^ancffor enact, That it shall be lawful for the commissioners or other 
cemeteries. municipal authority of any city, town or incorporated village 

in the state of North Carolina, to buy and hold either within 
or without such corporation, as much land as in the opinion 
of such commissioners or other municipal authority, may be 
sufficient for the purpose of a cemetery, not exceeding twenty- 
five acres. 
Repeals. Sec, 2. All laws and clauses of laws inconsistent with this 

act are hereby repealed. 

When act to be in Sec. 3. This act shall be in force from and after its ratifi- 
force. 

cation. 

Ratified the 21st day of January, A. D. 1871. 



CHAPTER XXXIX. 



AN ACT TO SUPPLY A TEMPORARY DEFICIENCY IN THE TREASURY. 

Jtmlld to°bor- Section 1. The Gmeral Assemhly of North Carolina do 
x?^/^^^^'??^^'"°™ enact. That the treasurer of the state, be and he is hereby 

N. C. R. R. Co. . ' "^ 

instructed to borrow from the Xorth Carolina railroad com- 



1870-'71.— Chaftee 39—40—11. 91 

pany, if practicable, the sum of one liundred and eighty 
thousand dollars, to meet the present wants of the government. 

Sec. 2. That it shall be lawful, and it is hereby enacted, ^Sd from dfvl- 
that this amount be deducted from the first dividend de- ^^^^ 
clared in favor of the state upon its interest in said company. 

Eatified the 21st day of January, A. D. 1871. 



CHAPTER XL. 

AN ACT FOE THE BELIEF OF THE SHEEIFF OF ALEXANDEE 

COUNTY. 

Section 1. The General Assembly of North Carolina do Time extended. 

enact, That Hiram W. Mayse, sheriff of Alexander county, 

be allowed until the first day of May, anno domini one 

tliousand eight hundred and seventy-one to settle with the 

count}' treasurer for the county taxes for the year one thousand 

eight hundred and seventy, and that he be and is hereby 

relieved from all the penalties incurred by reason of his Relief from pen- 

. . allies 

failure to settle with the county treasurer according to law : 

Provided, That he shall at no time retain in his hands 

more than three hundred dollars for a longer time than ten 

days under the penalties prescribed by law. 

Sec. 2. This act is to take effect from its ratification. When act to take 

effect. 
Hatified the 21st day of Januaiy, A. D. 1871. 



CHAPTER XLI. 

AN ACT FOK THE BELIEF OF THE PENITENTIAEY. 

Whereas, It is indispensible that a payment of fifteen Preamble, 
thousand dollars should be immediately made to the com- 



92 1870-'71.— Chapter 41—42. 

missioners of the penitentiary, to secure the further services 
of an adequate guard for that institution ; and whereas, it 
has heretofore been the practice of the executive department 
to require only the personal obligation of said commissioners 
as security for the faithful application of moneys drawn from 
the public treasury on account of the appropriation to said 
penitentiary ; therefore : 
^ojemor^to^ssue SECTION 1. The General AssemUy of North Carolina do 
Treasurer. enact, That the governor be requested, and is hereby au- 

thorized to issue his warrant upon the treasurer for fiftefen 
thousand dollars of an appropriation heretofore made for the 
use of the penitentiary, to be paid to the commissioners 
thereof, requiring as heretofore, their personal obligation for 
the faithful application of the same as hereinafter provided. 
Amounts drawn Sec. 2. That the amounts so drawn by said commissioners 
ers— h^w'appUed. ^^ ^^^ penitentiary shall be applied to the payment of guard 
and officers of the penitentiary, sustenance of guard and con- 
victs, and any outstanding claims for provisions or clothing 
furnished convicts. 
Repealing clause. Sec. 3. That all laws and clauses of laws in conflict with 
this act, be and the same are hereby repealed. 

When act to be in Sec. 4. That this act shall be in force from and after its 
force. ,.n .- 

ratmcation. 

Ratified the 23d day of January, A. D. 1871. 



CHAPTER XLII. 

AN ACT TO SUSPEND THE CODE OF CIVIL PKOCEDUKE IN CERTAIN 

CASES. 

How civil actions SECTION 1. The General Assembly of North Carolina do 
commenced. enact^ That all civil actions shall be commenced by the issuing 

a summons. 
Form of summons Sec. 2. The summons shall run in the name of the state, 

be signed by the clerk of the superior court having jurisdiction 



18T9-'71.— Chapter 42. 93' \ 

to try the action, and under the seal of the court, and shall 
be directed to the sheriff ot the county in which the defen- 
dant resides or may be found. It shall be returnable to the j 
regular tei-m of the superior court of the county where \ 
the plaintiff, or one or more of them, or the defendants | 
reside ; and shall command the slieriff or other proper i 
officer, to summon the defendant to appear at the next ensu- I 
ing term of the superior court, and answer the complaint of j 
the plaintiff, and shall be dated on the day of its issue. The j 
officer to whom the summons is addressed shall note on it ' 
the day of its delivery to him, and shall execute it at least ; 
ten days before the beginnmg of the term to which it shall 
be returnable, and shall return it on the first day of the term. 

Sec. 3. The plaintiii shall file his complaint in the clerk's Filing of com- i 

office on or before the third day of the term to which the j 

action is brought, otherwise the suit shall, on motion, be j 

dismissed by the court at the cost of the plaintiff'. ; 

Sec. 4. The defendant shall appear and demur, plead or Answer of De- | 

answer at the same term to which the summons shall be '^^ * j 

returnable, otherwise the plaintiff may have judgment by I 

default, as is now allowed by law. I 

Sec. 5. The plaintiff shall join in the demurrer or reply Reply to answer. i 

to the answer at the same term to which sucli demurrer or ! 

answer may be filed ; and that the issues, whether of law or 1 

fact, shall stand for trial at tlie next term succeeding the TriaL | 

term at which the pleadings are completed. ; 

Sec. 6. That all writs of summons in civil actions now in Writs now in 
the hands of the sheriff or clerk, shall be returned by said or de^rk. ^ *^" 

officers to the next term of the superior court, and such writs, i 

together with all writs of summons in civil actions hereto- ] 
tore returned, in which no final judgment has been rendered, 

shall be placed by the clerk on the docket of the superior • 
court at the next ensuing terra, and the pleadings in such 

actions shall be conducted according to the rules prescribed i 

in this act : Provided^ That all such civil actions in which Proviso. ,, 
issues have been joined, shall stand for trial at spring term, 

eighteen hundred and seventy-one. j 



94 



1870-'71.— CiiAPTEE 42—43. 



Fxecutions is- 
sued, how tested 
and returned. 



Proceedings by 
attacbiaent. 



Exemptions from 
repeal. 



Suspension of 
laws. 



How long act to 
remain in force. 



Sec. 7. All executions issued or judgments in civil actions 
shall be tested as of the term next befoi e the day on which 
they issued, and shall be returnable to the term of the court 
next after that from which they bear test; and all executions 
now in the hands of any sheriff, issued from any superior 
court, shall be returned to the next term of said court. 

Sec. 8. The provisions of this act shall not apply to pro- 
ceedings by attachment. 

Sec. 9. ISTothing in this act shall operate to repeal the 
provisions of the code of civil procedure, which allow 
defendants to be arrested and held to bail in certain cases. 

Sec. 10. All laws and clauses of laws inconsistent with 
the provisions of this act are suspended until the first day of 
January, anno domini eighteen hundred and seventy-three, 
and this act shall be in force from and after its ratification, 
and shall continue in force until the first day of January, 
eighteen hundred and seventy-three. 

Katified the 25th day of January, A. D. 1871. 



CHAPTER XL I II. 

AN ACT TO REPEAL SECTIONS SEVEN AND EIGHT OF AN ACT 
IN RELATION TO PUNISHMENT, CIIAPTEE ONE HUNDEED AND 
SIXTY-SEVEN, PUBLIC LAWS OF NOETII CAEOLESTA, ONE THOU- 
SAND EIGHT HUNDEED AND SIXTY-EIGHT, AND ONE THOUSAND 
EIGHT HUNDEED AND SIXTY-NINE. 



Repeal. 



Pdnishment for 
assault. 



Section 1. The General Assembly of North Carolina do 
enact, That sections seventh and eighth of chapter one hun- 
dred and sixty-seven, of laws of one thousand eight hundred 
and sixtj'-eight and one thousand eight hundred and sixty- 
nine, be and the same are hereby repealed. 

Sec. 2. That in all cases of an assault with or without 
intent to kill or injure, the person convicted shall be pun- 
ished by fine or imprisonment, or both at the discretion of 
the court. 



1879-71.— Chapter 43—44. 95 

Sec. 3. That tliis act shall be in force from and after its J^for^e''* ^° ^^ 
ratification. 

Eatified the 25th day of January, A. D. 1871. 



CHAPTEE XLIY. , 

AN AOr TO AUTirOKIZE AND EMPOWEIi THE GOVERNMENT OF | 

THE UNITED STATES TO PURCHASE AND HOLD LANDS IN ] 

NORTH CAROLINA FOR THE PURPOSE OF ERECTING LIGHT- \ 
HOUSES THEREON. 

Seciton 1. The Ge7ie?'aZ AssenibVu of North Carolina do u. s. may pur- i 

cliflSG I&nclff to 

eiiact^ That it shall be lawful for the government of the erect light house. ; 

United States or any person under authority of the same to ' 
purchase any tract, piece or parcel of land from any indi- 
vidual or individuals, bodies politic or corporate within the 
boundaries or limits of this state, and hold the same for the 

pui-pose of erecting thereon light-houses ; Provided., That Proviso. j 

no one tract, piece or parcel shall contain more than twenty I 

acres. 1 

Sec. 2. That all deeds, conveyances or other title papers Deeds to be re- 

for the same shall be recorded, as in other cases, in the office ' , 

of the register of deeds in which the lands so conveyed j 

may lie, in the same manner and under the same regulations i 
as other deeds and conveyances are now recorded, and in 
like manner may be recorded a sufficient description by 
metes and bounds, courses and distances, 6f any tract or 

tracts, or legal division of an}' public land belonging to the j 

United States, which may be set apart b}' the general gov- i 

ernment for the purpose before mentioned, by an order j 

patent or other official document or papers so describing i 

such land. I 

Sec. 3. That the lots, parcels or tracts of Imd so selected. Exemption "from \ 

together with the tenements and appurtenances for the pur- "■ ' • I 
pose before mentioned, shall be exempt fnjm taxation 1)y the 

state of Xorth Carolina. I 



96 1870-'71.— Chapter 44—45. 

Stetemay^x^cute ^^'^' ^' ^^^* nothing herein contained shall be so con- 
process on such strued as to debar or hinder any of the officers of this state 
land, . / 

from executing any process, or levying any execution 'within 

the limits of any tract or parcel of land so held and pur- 
chased by the government of the United States in tlie sam» 
manner as if this act had never been passed. 

Conditions of Sec. 5. That the consent herein and hereby given is in 

accordance with the seventeenth clause of tlie eighth section 
of the first article of the constitution of the United States, 
and with the acts of congress in such cases made and pro- 
vided, and in consideration of the United States building 
light-houses on tlie tracts or parcels of land so purchased, or 

Proviso. th^t may be purchased ; A7id j^rovided also, That the title 

to said land so conveyed to the United States shall escheat 
to the state unless the construction of a light-house be com- 
pleted thereon w^ithin ten years from the date of the convey- 
ance from said grantor. 

When act to be in Sec. 6. That this act shall be in force from and after its 
force. 

ratification. 

Eatified the 25th day of January, A. D. 1S71. 



CHAPTER XLV. 

AN ACT TO AUTHORIZE J. C. GRIFFITH, SHERIFF OF CASWELL 
COUNTY, TO COLLECT ARREARS OF TAXES. 

May collect ar- SECTION 1. The General Assevihly of North Carolina do 

enact, That Jesse C. Griffith, sherifl" of Caswell county, is 
empowered to collect all arrears of taxes due him upon the 
assessment for the years eighteen hundred and sixty-seven, 
eight and nine (186T-'S-'9) under the same restrictions and 
with the same rights and remedies as are provided by law 
for the collection of other taxes. 

Sec. 2. That the power hereby granted shall cease Janu 
ary first, eighteen Jiundred and seventy-two; Provided^ 



1870- 71.— Chapter 45—46. 9T 

Tliat no person shall hereby be made liable for such taxes 
who shall make affidavit before a justice of the peace of said 
county that he has paid said taxes and lost the receipt for 
the same. 

Sec. 3, This act shall be in force from its ratification. 

Eatified the 25th day of January, A. D. 1871. 



CHAPTER XLY I. 

AN ACT FOR THE CxENARAL RELIEF OF SHERIFFS AND TAX 
COLLECTORS. 

Whereas, numerous applications have been made to this Preamble, 
body by sheriffs and tax collectors for them to collect arrears 
of taxes due them in their respective counties ; and whereas, 
their applications may be provided tor and comprised within 
the scope of general law, thereby economising time and 
money ; now, therefore, 

Section 1. The General Assemhly of North Carolina do certain sheriffs 
enact. That all persons who are, or have been, sherifis au?h?r!zedto*'coU 
and tax collectors, or their legal representatives, of the let arrears. 
several counties for the years one thousand eight hundred 
and sixty-eight, one thousand eight hundred and sixty- 
nine and one thousand eight hundred and seventy, and 
who have settled and accounted with the public treasurer 
of the state, and with the county treasurer of their respec- 
tive counties according to law, be and the same are hereby 
authorized and empowered to collect arrears of taxes 
due them in their respective counties for the years one 
thousand eight hundred and sixty-eight, one thousand 
eight hundred and sixty-nine and one thousand eight hun- 
dred and seventy, under such rules and regulations as are 
now prescribed by law for the regular collection of taxes ; 
and the power and authoritv herebv fj:ranto<:l shall cease on Powers to cease 

' • ■ 1 1-1 January 1, 1H72. 

the first day of Januar}-, anno dommi, one thousand eight 



98 



1870-'Y1.— Chapter 46—47, 



Proviso. 



Further proviso. 



When act to be in 
force. 



hundred and seveutj-two ; Provided^ That no person in 
any county shall be compelled to pay tax under the provis- 
ions of this act, who will make oath according to law that 



according to 

he has paid the same, or believes the same to have been 
paid ; And jprovided ftirther, That no executor or adminis- 
trator shall be compelled to pay such arrears of taxes. 

Sec. 2. This act shall be in torce from and alter its rati- 
fication. 

Ratified the 10th day of February, A. D. 18T1. 



CHAPTER XLVII. 



Ouage of Koacl. 



Location. 



Corporators. 



Rij^hts 
•ers. 



and pow- 



AN ACT TO INC0RP.,KATE THE WILMINGTON AND ONSLOW KAIL- 
KO^iD COMPANY. 

Section 1. The Genercd Assembly of Worth Carolina do 
enact, That for the purpose of constructing a railroad, to be 
used and operated by steam, horse or any other motive 
power, and of any guage whatever, not to exceed four feet 
eight and one-half inches, extending from the city of Wil- 
mington, in the coulity of New Hanover, to Jacksonville, or 
such point or points on New river in the county of Onslow, 
and to such other places in said county as the corporation by 
this act may determine. 

Sec. 2. That 0. G. Parsley, Jr., Roger Moore, F. W. 
Kerchner, R. H. Cowan, S. L. Fremont, Jas. B. Huggins, 
W. L. DeRossett, M. Cronly, J. A. Englehard, S. N. Martin, 
R. K. Bryan, C. W. McClammey, R. J. Nixon, G. N. 
Emutt, Dr. E. W. Ward, C. Stephens, R. F. Pelltier, J. 
W. Spicer, Wm. McRae, Sol Haas and S. A. Ashe, and 
such persons or corporations as may be associated with them 
as is hereinafter provided, are hereby constituted and de- 
clared to be a body politic and corporate, by the name of 
the Wilmington and Onslow railroad company, with all the 
rights, powers, privileges and franchises incident or belong- 
ing to coi-porations as set forth in the first, second, third and 



1870-71.— CiiArTER 47. 99 

fourth sections of the 2r)th cliapter of the revised code of 
North Carolina, entitled " corporations ;" and for the pur- 
pose ol locating and constructing the contemplated railroad, 
shall have, enjoy and exercise all the rights, powers and 
franchises, and be subject to the limitations and restrictions 
set forth in the sections trom nine to thirty-three, both in- 
clusive, of the sixty-first chapter ol said revised code, entitled 
" internal improvements." 

Sec. 3. That the capital stock of said corporation shall be Capital stock. 
three hundred thousand dollars, which may be increased to 
any sum not exceeding one million of dollars, as said cor- 
poration may from time to time determine, and the same 
shall be divided into shares of fifty dollars each. Shares. 

Sec. 4. For the purpose of creating capital of said coin- 
pany, a maiority of the corporators named in the second sec- 
tion of this act, may appoint commissioners at such places as 
they may from time to time determine, to open books of ^9^^^^^^^ ^"''" 
subscription to such capital stock, and keep the same open 
for such time or times as they may deem expedient, under 
such rules and regulations as they may prescribe. 

Sec. 5. Subscriptions to the capital stock of said company 
shall only be payable, so far as individual subscribers are 
concerned, in the currency of the United States ; and five 
per cent, of the amount of each subscription to such capital S|^''^^^[^l'^'""' ^'"''^ 
stock shall be paid by the subscriber at the time of making 
such subscription. 

Sec. 6. The county of New Hanover, the county of Counties of New 

„ • . , , T . , . Hanover and 0ns- 

Onslow, the city of Wilmmgton and the several townships low, city of wii- 

.1 11 n J uiin-iton and 

m said counties respectively are hereby severally and respec- Townsiiips au- 
tively allowed and authoriz(;d to subscribe to the capital gS^fm^^'st'o^ck. 
stock of said company ; JWovided however, That neither of Proviso, 
said counties or said city of AVilmingtou, shall severally sub- 
scribe for more than two thousand shares of said capital 
stock, nor shall any one to vnship, in either of said counties, 
subscribe for more than four liundred of such shares; And Further proviso. 
2rrovlded further ^ That the powers and authority hereinbe- 
fore or hereinafter by this section granted, shall be exercised 
and aeted on in accordance with and sul)ject to the provis- 



100 



18T0-'71.— Chapter 47. 



Elections ?nthor- 
ized to carry sub- 
scription into ef- 
fect. 



Boards may col- 
lect taxes, issue 
bonds, etc. 



May sell «r dis- 
pose of bonds. 



ions of section seven of article seven of the constitution of 
this state. The board of commissioners of said counties 
respectively, the board of aldermen of said citj of Wilming- 
ton, and the several boards ol trustees of the different town- 
ships in said counties respectively, each within and for the 
county, city or township in which its jurisdiction and corpo- 
rate powers may severally and respectively be lawfully exer- 
cised, are hereby authorized to cause to be held the neces- 
sary election or elections required to carry into effect or com- 
ply with the concluding provision of said section of said 
article of the constitution, in relation to any such subscrip- 
tion, and in relation to the levy and collection of the amount 
of taxes necessary for the payment of any such subscription, 
or in relation to the issuing of bonds or other evidences of 
indebtedness to secure the payment of such subscription. 
For the payment of any such subsc-ription to the capital 
stock of this company or to provide for the payment of the 
bonds or other evidences of indebtedness, (and the interests 
which may accrue thereon) which may be issued as herein- 
after provided, said boards are hereby severally and respect- 
ively authorized and empowered to levy and collect within 
their several and respective jurisdictions, the necessary 
amount of taxes, and to issue bonds or other evidences of 
indebtedness in such sums, payable at such time or times, 
and at such rate of interest not exc>eeding ten per cent per 
annum, payable annually or semi-annually, as they may 
severally and respectively deem best, for an amount in the 
aggregate not exceeding the amount authorized to be sub- 
scribed to said capital stock at any election or elections held 
for the purposes aforesaid. And any one of said boards, if it 
sliall deem it expedient so to do, is hereby authorized and 
empowered to sell and dispose of its bonds or any number of 
its bonds duly made for the purposes aforesaid, and apply 
the proceeds of any such sale towards the payment of any 
subscription made by such board to the capital stock of said 
company; and in the event any subscriptions to said capital 
stock shall be duly made and authorized as aforesaid, it 
shall be obligatory on the several and respective boards 



1870-'71.— Chapter 47. 101 

aforesaid making the same to provide for the payment of the ^^J^'^^^y*^^ {J| 
several subscriptions by them respectively so made, by-en- subscription, 
nially from year to year, levying and collecting from the 
different subjects of taxation at their command respectively, 
a sufficient amount for that purpose, and such interest as 
may accrue thereon, whether the same be due by bonds or 
in any other way, and whether the indebtedness so created 
is due and owing to said company or to any other corpora- 
tion or person whatsoever. 

Sec. 7. It shall be the duty of the corporators herein 
named, so soon as the sum of one hundred thousand dollars 
shall have been subscribed to the capital stock of said cor- 
poration, and five per cent, of said amount shall have been 
paid as hereinbefore required, to call a general meeting of Jj^^gXriS^ 
the subscribers to said capital stock to be held in the city of 
Wilmington, and of the time and place of said meeting 
twenty days notice shall be given by advertisement in two 
or more of the daily newspapers published in said city. 

Sec. 8. That at the e-eneral meeting ot the subscribers to Election of Board 

*=> ° , of Du'cctors 

the capital stock of said company to be called as aforesaid, a 

board of directors, consisting of not less than five nor more 

than nine of such subscribers, shall be elected for the general 

direction and management of the afiairs and business of said 

company, who shall hold their offices as such directors for Term of office. 

one year and until their successors are elected, and there 

shall be annual meetings of the stockholders of said company Annual meetings, 

to be held at such time and place as may be prescribed by 

the by-laws of said company, or as may be determined at 

any general meeting of such stockholders, at which said 

annual meetings a board of directors as aforesaid shall be 

elected at all such annual meetings and at all called meetings 

of the stockholders of said comixany, each share ot the stock Each share enti- 

\, tied to ouc vote. 

of said company, whether represented m person or by proxy, 
shall entitle the liolder to one vote ; and one or more stock- 
holders owning or representing one hundred shares of said 
stock, may on any subject matter to be divided at any such 
meeting, require that the vote shall be taken according to 
the stock held or represented by the persons present. The stock-vote. . 



102 



1870-'71.— Chapter 47. 



Elections. 



Directors to elect 
a President. 



Company may 
purchase lands 
and locate town. 



May own steam- 
boats and vessels. 



Public carriers. 



Company msiy 
lease its rights. 



Further rights and 
privileges^ 



election of directors shall in all cases be made by ballot, and 
b}' votes given according to the shares of stock lield or 
represented by the persons present ; and the person or per- 
sons having a majority of the votes given, shall be considered 
as duly elected as directors of said company. The directors 
so chosen shall elect one of their body the president of the 
company, whose term of office shall continue for one year, 
and until his successor shall be elected ; subject however to 
such by-laws in regard to his removal, death, absence or other 
incapacity to serve as may be adopted by said company. 

Sec. 9. That in addition to the lands which said company 
may acquire by contract with the owners, or by condemna- 
tion, under any of the sections of the chapter of the revised 
code entitled internal improvement, said company is hereby 
authorized and empowered to purchase and hold such piece 
or parcel of land not exceeding five hundred acres, situate 
on or near New river, in the county of Onslow, which said 
company may consider as advantageously located as the site 
for a town ; and may at such time or times as may be 
deemed expedient, sell and dispose of such piece or parcel of 
land in such lots and upon such terms as may be considered 
most beneficial to the interest of said company ; and said 
company is further authorized and empowered to purchase 
and hold such vessels, steamboats or other boats as may be 
desired to be run and used on the Cape Fear river, or on 
New river aforesaid, or elsewhere, in connection with the 
road to be constructed by said company. 

Sec. 10. That said company shall have the right to carry 
persons, goods, wares, merchandise or any thing whatsoever 
on the railroad to be constructed by said company, or on 
any vessels, steamboats or other boats which may be held by 
said company as aforesaid, and at such rates and charges as 
may be fixed by the directors of said company, or said com- 
pany may lease and farm out such right, in whole or in 
part, to any other corporation or person, as niay be considered 
most advantageous to the interest of said company. 

Sec. 11. That this company shall have all the rights, 
powers, privileges and exemptions granted to the Wilming- 



1870-'T1.— Chapter 47—48. 103 

ton and "Weldon railroad company by its original charter and 
all amendments of the same in every respect as is granted 
and exercised by the aforesaid corporation. 

Sec. 12. That the corporation hereby created shall con- Limit of time. 
tinue and exist for the term of ninety-nine years, and all 
laws and clauses of laws in conflict with the meaning and Repealing clause, 
purview of this act are hereby repealed. 

Sec. 13. That this act shall take effect and be in force ^^n act to take 
from and after the 21st day of November, A. D. 1870. 

Ratified Uie 25th day of January, A. D. 1871. 



CHAPTER XLYIII. 

REPLICATION BY THE HOUSE OF REPRESENTATIVES OF THE STAT 
OF NORTH CAROLINA, TO THE ANSWER OF WILLIAM W. IIOL- 
DEN, GOVERNOR OF THE STATE OF NORTH CAROLINA, TO THE 
ARTICLES OF IMPEACHMENT, EXHIBITED AGAINST HIM BY THE 
HOUSE OF REPRESENTATR^ES. 

The house of representatives of the state of North Carolina 
have considered the several answers of William W. Ilolden, 
governor of North Carolina, to the several articles of impeach- 
ment against him by them exhibited, in the name of them- 
selves and all the people of said state, and reserving to them- 
Belves all advantage of exception to the insufficiency and 
irrelevancy of his answer to each and all of the several 
articles of impeachment exhibited against the said William 
W. Ilolden, governor of said state, do deny each and every 
averment in said several answers, or either of them, which 
denies or traverses the acts, intents, crimes, misdemeanors, 
offences or misconduct charged against said William W. 
Holden, in said articles of impeachment, or either of them ; 
and for replication to said answer do say that said William 
W. Ilolden, governor of said state, is guilty of the high 
5 



104 



1870-'71.— Chapter 48—49. 



crimes, misdemeanors and offences mentioned in said articles, 
and that the house of representatives are ready to prove the 
same. 

Adopted the 24th day of January, A. D. 1871. 



CHAPTEE XLIX. 

AN ACT TO INCOEPOKATE THE WAREENTON EAILEOAD COM- 
PANY. 



Section 1. The General Asseoribly of North Carolina do 
Corporators. ^^^^^^ That it shall be lawful for Jacob Parker, John 
"White, Wiley P. Massenburg, John M. Waddill, William 
J. White, William J. ]N"orwood, John C. McCraw, George 
E.. Sledge, Walter G. Plummer, James A. Egerton, and 
William P. Bugg, or any three of them, to open books of 
subscription at Warrenton, and such other places as they 
may select, for the purpose of receiving subscriptions to an 
Capital stock. amount not exceeding fifteen thousand dollars, in shares of 
fifty dollars each, for the pui-pose of effecting a communica- 
tion by railroad from some point in or near to the town of 
Location of road. Warrenton, to some point at or near to the Warrenton 
depot on the Raleigh and Gaston Railroad in the county of 
Warren, and for providing everything necessary and conve- 
nient for transportation on the same. 

Sec. 2. When the sum of six thousand dollars shall be 
subscribed, the subscribers, their executors, administrators 
and assigns shall be and they are hereby incoi-porated into 
a company, by the name and style of the Warrenton Rail- 
Corporate name, road Company, and by that name shall be capable of pur- 
chasing, holding, selling, leasing and conveying estate, real, 
personal and mixed, so far as shall be necessary for the pur- 
poses specified in this charter, and no further, and shall 
have perpetual succession, and by said coi^porate name may 
sue and be sued, and may have and use a common seal, and 



1870-'-71.— Chapter 49. 105 ; 

I 

shall have all of the powers rights and privileges ■whicli other ' 

corporate bodies lawfully have for the pm*poses herein men- ; 

tioned, and may make all such by-laws, rules and regula- Rights and privi- 
tions, not inconsistent with the constitution and laws of this ' ' 

state or those of the United States, as shall be necessary for 
the well ordering and conducting of the aflfairs of the com- ^ 

pany. ] 

Sec. 3. When the said sum of six thousand dollars shall j 

have been subscribed, pubhc notice of the fact shall be given 1 

by three or more of said commissioners, at Warrenton, who 
shall have power at the same time, to call a general meeting of j 

the subscribers at Warrenton. To constitute such meeting, Meeting of sub- 
a number of persons entitled to a majority of the votes shall ^'^^ '^^^' i 

be present either in person or by proxy, and if a suflficient 
number do not attend on that day, then those who do attend 
shall have power to adjourn from time to time, until a meet- j 

ing shall be formed. . 

Sec. 4. The subscribers at their general meeting before \ 

directed, and the stockholders at every annual meeting 
thereafter, shall elect a president and five directors, who Election of a ; 

shall continue in ofiice, unless sooner removed, until the Directors.^'^ 
next annual meeting, and until their successors shall be 
elected ; but the president or any of the directors may at Term of office, 
any time be removed, and the vacancy thereby occasioned i 

be filled by a majority of the votes given at any general 
meeting. The president, with any two or more of the 
directors, or, in the event of the sickness, absence or inability i 

of the president, any three or more of the directors, who Quorum, 
shall appoint one of their own body president pt'o tempoi'e^ ! 

shall constitute a board for the transaction of business. In i 

the case of vacancy in the office of president, or any director, Vacancies, 
happening from death, resignation, removal or inability, \ 

such vacancy may be supplied by the appointment of the 
board until the next annual meeting. 

Sec. 5. The said corporation shall be invested with all of Furtiicr rights, 
the powers, rights and privileges conferred upon the Raleigh j 

and Gaston railroad company, by its charter granted in the 
year one thousand eight hundred and thirty five, and shall ,! 



106 



1870-'71.— Chapter 49. 



Proviso. 



Commissioners of 
Warren county 
may subscribe to 
stock. 



Number of shares 
to be subscribed 
by town. 

Election to be 
held. 

Sheriff to adver- 
tise. 



Election. 



Qualification of 
voters. 



Manner of voting. 



Result to be re- 
corded. 



Commissioners 
may issue bonds. 



be subject to all the rules, regulations and restrictions therein 
contained, so far as the same are applicable to the railroad 
between the points above designated, and are consistent 
with this act ; Provided^ nevertheless, That the judge of the 
court of probate of Warren county shall exercise the powers 
conferred by said charter on the court of pleas and quarter 
sessions, so far as the condemnation of land is concerned, for 
the use of said company. 

Sec. 6. The board of commissioners of the town of War- 
renton shall have power to subscribe for any number of the 
shares of the capital stock of said company a sum not exceed- 
ing in amount double the sum subscribed by individuals, 
and in no event whatever exceeding the sum of ten thousand 
dollars. A majority ot said commissioners shall, at any time 
within one year after the ratification of this act, determine 
the number of shares for which they propose that the town 
shall subscribe, and appoint a day for holding an election in 
relation thereto, and cause the same to be entered upon 
their minutes ; and it shall be the duty of the sheriff of said 
county, at the court house in Warrenton, to advertise the 
object and the day of the election, for at least twenty days 
prior thereto ; and on said day to open and keep open the 
polls agreeably to the acts regulating the election of members 
of the general assembly, and all qualified voters for the house 
of representatives of this state in said town of Warrenton, 
who shall have resided therein for ninety days before the 
election, favoring the subscription, may vote " subscription." 
and those opposing the same may vote " no subscription," 
and the result of the election shall be made known to the 
board of commissioners at their first meeting after said eleo 
tion, and shall be made a matter of record. If the result 
shall be favorable to the subscription, then it shall be the 
duty of said board of commissioners to autliorize the mayor of 
the town of Warrenton to make the subscription, in the name 
of the town of Warrenton. To enable said board to meet 
the installments that may be required upon such subscrip- 
tion, or otherwise pay the same, they are hereby invested 
with authority to issue bonds of the said town redeemable in 



1870-'71.— Chapter 49. 107 

-a period not exceeding twenty years from the date thereof, 
bearing interest, payable semi-annually at a rate not exceed- 
ing eight per cent, per annum ; and it shall be the duty of 
£aid board regularly to provide the means for meeting the 
interest on said bonds, as the same shall become due, by 
laying such taxes annually upon persons, lands and other Txation. 
property within the said town as shall be sufficient for that 
purpose. And the said board shall have power to appoint N^otiation of 
one of their number to negotiate any loan or loans that may ^^^' 
be necessary, to sell and dispose of the bonds, to receive the 
tax imposed to meet the interest, and apply the same to its 
payment, and to represent the said town in all meetings of 
the stockholders of said company, and to receive the divi- 
dends that may become due upon the town stock, and apply 
the same either to the interest, or to a sinking fund for the 
extinguishment of the principal, as the said board may 
direct ; and it shall be likewise the duty of said board to 
make provision by taxation or otherwise for the prompt 
payment of the principal of said bonds, when they shall 
became due. 

Sec. 7. The capital stock of the said company shall consist Capital stock, 
of fifteen thousand dollars, but shall be lawful for a majority of 
the stockholders at any general meeting to raise the same to 
twenty -five thousand dollars, by the addition of as many 
shares as may be necessary. 

Sec. 8. In counting the votes of said company, each mem- Representation, 
ber shall be allowed one vote for each share of stock not ex- 
ceeding two, one for every two shares above two, and not 
exceeding ten, and one for every five shares above ten, held 
T[>y him in the stock of said company. 

Sec. 9. That this act shall be in force from and after its When act to be in 
Tatification. torce. 

Ratified the 28th day of January, A. D. 1871. 



108 



1870-71.— Chaptek 50—51. 



CHAPTEK L. 

AN ACT TO REPEAL AN ACT ENTITLED " AN ACT TO CHANGE 
PART OF THE LINE THAT DIVIDES BUKKE AND m'dOWELL 
COUNTIES. 



Repeal. 



When act to be in 
force. 



Section 1. The General Assembly of North Carolina do 
enact. That an act entitled "an act to change part of the 
line that divides Burke and McDowell counties," in the laws 
of one thousand eight hundred and sixty-nine and one thou- 
sand eight hundred and seventy, and the provisions of the 
same, are hereby repealed. 

Sec. 2. That the dividing line of Burke and McDowell 
counties shall be and remain the same as before said act. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Katified the 28th day of January, A. D. 1871. 



CHAPTER LI. 

AN ACT TO SUPERSEDE THE SPECIAL TERMS OF THE SUPERIOR 
COURTS OF CRAVEN AND LENOIR COUNTIES. 



Preamble. 



Special terms of 
Court superseded. 



"Whereas, it has been represented to the present gcn'^ral 
assembly that the special term appointed to be held for the 
county of Craven on the first Monday of February, anno 
domini one thousand eight hundred and seventy-one, and 
that the special term of the superior court of Lenoir county, 
to be held on the third Monday in February, anno domini 
one thousand eight hundred and seventy-one, are unnecess- 
sary, inconvenient and oppressive ; therefore : 

Section 1. The General Assembly of North Carolina do 
enact, That the special term of the superior court of Craven 
county, appointed to be held on the first Monday in February,_ 



1870-'7L— Chaftek 51—53. 109 

anno domini one thousand eiglit hundred and seventy-one, 

and that the special term ot the superior court of Lenoir 

county to be held on the third Monday in February, anno 

domini one thousand eight hundred and seventy-one, be and 

the same are hereby superseded. 

Sec. 2. That the secretary of state is hereby requested to Secretary of state 

;. -it. ^i^ fumisti copies 

furnish at once a copy of this act to the chairman oi the of act. 

board of commissioners of Craven county, and to the chair- 
man of the board of commissioners of Lenoir county, to the 
end that the same may be published for general information 
in said counties. 

Sec. 3. That this act shall be in force from its ratification. When act to be in 
Ratified the 28th day of January, A. D. 1871. *''"®* 



CHAPTER LII. ! 

i 

AN ACT FOR THE RELIEF OF THE SURETIES OF J. W. C. PEAKCY, j 

DECEASED, LATE TAX COLLECTOR OF CHEROKEE COUNTY. I 

I 

Section 1. The General Assemhly of North Carolina do f 1 
enact. That the sureties of the late J. "W. C. Pearcy, tax Sureties invested 

' 111 with rights, 

collector for the county of Cherokee, be and they are hereby ■ 

invested with all the rights and privileges conferred on the | 

said Pearcy by an act of this general assembly, ratified the 1 
twelfth day of April, one thousand eight hundred and sixty- 
nine. 

Sec. 2. That their privileges shall be continued until Sep- 1 

tember first, one thousand eight hundred and seventy-one ; Privileges con- | 

Provided., No person shall be required to pay any of said * \ 

taxes who will swear that he or she has paid his or her taxes \ 

or believes the same to have been paid ; Provided f mother ^ < 

That the representatives of the estates of deceased persons Proviso. ; 

shall not be required to pay any such arrears of taxes. \ 

Sec. 3. That the county commissioners of Cherokee county County Commis- ' 
T . c . . J, . , .. sioners may ap- 
fihall, upon the application of a majority of said sureties, point receiver. 

appoint such person as such majority may receive, to collect j 



110 1870-'71.— Chapter 52—53. 

the taxes due and unpaid for the years one thousand eight 
hundred and sixty-six and one thousand eight hundred and 
sixty-seven. 

When act to be in Sec. 4. This act shall be in force from and after its ratifi- 

*"'°^- cation. 

Ratified the 31st day of January, A. D. 1871. 



CHAPTER LIII. 

OEDER OF THE HOUSE OF KEPKESENTATIVES RELATIVE TO 
AMENDMENT OF ARTICLE EIGHT OF IMPEACHMENT OF "WILLIAM 
W, HOLDEN, GOVERNOR OF NORTH CAROLINA. 

Amendment to It is ordered by the house of representatives that the 

Article VIII of ./a ^^ ^^^ 

Impeachment. board of managers of the impeachment of "William W. Hol- 

den, governor of the state of I^orth Carolina, ask leave of 

the senate, sitting as a court of impeachment, to allow the 

house of representatives to amend article eight of impeach- 

, ment heretofore exhibited by them against the said William 

W. Holden, governor as aforesaid, and now pending before 

the senate sitting as said courts by striking out the name of 

" Richard T. Berry," wherever the same may occur in said 

article, and inserting instead thereof the name "JohnB. 

!N^eathery," and that the said managers be, and they are 

hereby authorized to make such amendment if the senate 

sitting as such court shall so allow. 

Adopted the 26th day of January, A. D. 1871. 



1870-'71.— Chaptek 54—55. Ill 



CHAPTEK LIY. j 

AN ACT TO ALLOW THE CK)M2»nSSI0NERS OF ORAI^GE COUNTY I 

TO LEVY A SPECIAL TAX. i 

Section 1. The General AssemUy of Nc/rth Carolina do ^™t of special 
enact^ That the commissioners of Orange county are hereby 
authorized to levy a special tax not to exceed thirty-three 
and a thii'd cents on the one hundred dollars worth of real 
and personal property, and one dollar on each poll, tor the 
purpose of paying the indebtedness of said county ; the said 
tax to be levied at such time as the commissioners may deem 
proper. 

Sec. 2. This act shall be in force from and after its rati- }Vhenactto be in 

force. 

fication ; Provided, This act shall have no force or effect Proviso, 
until submitted to, and ratified by a majority of the electors 
of said county at an election to be held hereafter, under the 
direction of the county commissioners. 

Ratified the 2d day of February, A. D. 1871. 



CHAPTER LY. 

AN ACT CONCERNING THE POOR HOUSE OF LINCOLN COUNTY. 

Section 1. TJie General AssemUy of North Carolina do Action of County 

_, , . „ . . . p T • ^ Commissioners 

enact, That the action of the commissioners of Lincoln coniirmcd. 
county in purchasing one hundred acres of land for a new 
poor house site in said county, be and the same is hereby in 
all things confirmed. 

Sec. 2. That the commissioners of said county are hereby Authority to sell 

1.11 1 11 1 1 1 -i 1 1 1 o^d P'^or house 

authorized and empowered to sell the old site and lands on site. 
which the old poor house was formerly situated, on such 
terms as may seem proper to the said commissioners. 

Sec. 3. This act shall be in force from and after its rati- when act to he in 

r. ,. force. 

iication. 

Ratified the 2d day of February, A. D. 1871. 



112 



1870-'Y1.— Chapter 56—57. 



CHAPTEE LVI. 



AN ACT m KELATION TO ELECTION OF KEEPER OF THE CAPITOL, 



Preamble. 



Day of eleetion. 



Term of office. 



Vacancy. 



When act to be in 
force. 



Wheeeas, the day provided for the election of a keeper 
of the capitol, by an act ratified on the fourteenth day of 
December, eighteen hundred and seventy, having passed 
without an election ; therefore. 

Section 1. The Genefral Assembly of North Carolina do 
enact, That the general assembly shall, on Saturday, the 
fourth day of February, eighteen hundred and seventy one, 
proceed to elect a keeper of the capitol for the ensuing year, 
as provided for in an act entitled " an set in relation to the 
keeper of the capitol," ratified the fourteenth day of Decem- 
ber, one thousand eight hundred and seventy. 

Sec. 2. That if said office shall at any time, except during 
the session of the general assembly, become vacant by death, 
resignation or otherwise, the governor shall appoint a suita- 
ble person to fill said vacancy until the next ensuing regular 
election therefor. 

Sec. 3. This act shall be in force from and after its ratifi- 
cation. 

Katified the 2d day of February, A. D. 1871. 



CHAPTER LYII. 

AN ACT TO PROVIDE FOR THE ELECTION OF A TAX COLLECTOB 
FOR LINCOLN COUNTY. 



County Commis- SECTION 1. The General AssemUy of North Carolina do 

sioners may elect , . . 

tax collector. eTiact, That the board of commissioners for Lincoln county 
may, in their discretion, annually elect a tax collector for 
said county ; said election to be held before the first day of 
April in each year. 



1870-'71.— Chapter 57—58. 11^ 

Sec. 2. That the tax collector, so elected, shall execute his ^°^^- 
official bonds, payable to the state of Jl^orth Carolina in 
double the estimated sum of the state and county taxes to be 
collected in said county with two or more solvent securities, 
to be approved by the said board. Said bond shall be regis- 
tered and the original deposited in the office of the superior 
court of said county. 

Sec. 3. That it shall be the duty of said tax collector to Duties and pow- 

crs 
collect all the state and county taxes levied in said county ; 

that he shall have all the powers vested in the sheriff for 

that purpose, and be governed by the same rules, regulations 

and provisions which apply to sheriffs in the collection of 

taxes, and be subject to like penalties and prosecutions for 

failure in the performance of his official duties. 

Sec. 4. That said tax collector shall receive the same Compensation, 
compensation for his services as may be allowed to sheriffs 
for similar purposes. 

Sec. 5. That this act shall be in force from and after its When act to be in 
ratification. 

Ratified the 2d day of February, A. D. 1871. 



CHAPTER LYIII. 

AN ACT TO KETURN TO THE WILMINGTON, CHARLOTTE AND 
RUTHERFORD RAILROAD COMPANY ITS FIRST MORTGAGE 
BONDS IN EXCHANGE FOR OTHER BONDS OF THE COMPANY. 

Section 1. ne Gmeral Assembly of Nm^th Carolina do Sd"may beTx- 
enact^ That M-lienever the president and directors of the changed, 
Wilmington, Charlotte and Rutherford railroad company 
shall deposit with the public treasurer of the state five hun- 
dred thousand dollars of the mortgage bonds of the company 
authorized to be issued by an act entitled " an act to enable 
the "Wilmington, Charlotte and Rutherford railroad company 
to complete their road and to authorize the return of state .,„.-..••'• 



114 



1870-71.— Chapter 58. 



Bonds to be held 
as collateral secu- 
rity. 



Treasurer to de- 
liver first mort- 
gage bonds. 



To whom bonds 
to be delivered. 



bonds to the treasury," ratified the twelfth day of March, 
one thousand eight hundred and seventy ; or a suflScient 
number of said bonds to cover at par the hereinafter 
mentioned five hundred thousand dollars first mortgage 
bonds with the accrued interest upon them, the said 
treasurer is hereby authorized and directed to deliver the 
said president and directors five hundred thousand dol- 
lars of the first mortgage bonds of the company with the 
coupons that were upon them when deposited in state 
treasury, heretofore deposited in tlie state treasury under the 
provisions ot an ordinance ot the state convention, entitled 
" an ordinance reducing the amount of bonds authorized to 
be issued by the Wilmington, Charlotte and Rutherford 
railroad company," ratified the fifth day of February, one 
thousand eight hundred and sixty-eight. And the said presi- 
dent and directors shall receive the same and apply them to 
the construction and completion of the said road and to no 
other purpose. 

Sec. 2. That the bonds so authorized to be deposited by 
the said president and directors shall be received by the said 
treasurer in exchange for the said first mortgage bonds, and 
shall be held as collateral security as provided for in the said 
ordinance ol the convention, oi the fifth of February, one 
thousand eight hundred and sixty-eight, hereinbefore re- 
ferred to. 

Sec. 3. That upon the said president and directors ex- 
ecuting and delivering to the said treasurer their bond with 
sureties to be approved by him in the sum of fifty thousand 
dollars, payable to the state of Korth Carolina, conditioned 
for the delivery to the said treasurer within sixty days from 
the date thereof the said mortgage bonds authorized to be 
deposited by the first section of this act, it shall be the duty 
of treasurer, and he is hereby directed immediately to deliver 
to the said president and directors the said five hundred 
thousand dollars of the first mortgage bonds. 

Sec. 4. That the treasurer is hereby directed to deliver 
the said first mortgage bonds to the president and directors 
of said company elected as such at the meeting of the stock- 



1870-'71.— Chapter 58—59. 115 

holders of said company, held at "Wilmington, twentieth of 
October, one thousand eight hundred and seventy. 

Sec. 5. That a sufficient amount of the proceeds of the Y^\^ °^ proceeds 

^ to be used on 

said first mortgage bonds shall be used on the western Western Division, 
division of said road to complete it to the town of Shelby in 
the county of Cleaveland. 

Sec. 6. That this act shall be in force from and after its When act to be in 

force, 
ratin cation. 

Ratified the 6th day of February, A. D. 1871. 



CHAPTER LI X. 

AN ACT TO AUTHORIZE THE LEVY OF A SPECIAL TAX FOR THE 
COUNTY OF PERSON. 

Section 1. The General AssemNy of North Carolina do 
enact, That the county commissioners of Person county shall Limits of tax. 
have power to levy a special tax not to exceed five thousand 
dollars, to be levied on all real and personal property in 
said county, for the purpose of relieving the poor, and for Object, 
other necessary expenses tliat have been or shall be incurred ; 
Provided, That the said commissioners in levying said tax proviso. 
on property, shall at the same time levy a tax on the polls 
which shall be equal to the tax on property valued at three 
hundred dollars in cash, to be applied for the purposes speci- 
fied in this act. 

Sec 2. This act shall have no force or effect until sub- Act to be submit- 
mitted to the vote of the peo])le of Person county at an "^ 
election to be held under the direction of the county com- 
missioners and approved by a majority ol the votes cast. 

Sec 3. This act shall be in force from its ratification. when act to be in 

Ratified the 7th day of February, A. D. 1871. ^'"■'=''- 



116 



1870-71.— Chapter 60—61. 



CHAPTER LX. 

AN ACT IN RELATION TO THE PAT OF WITNESSES ATTENDING 
THE COURT OF EVIFEACHMENT. 



•Compensation. 



To whom act 
shall apply. 



Clerk; of the Sen- 
ate to give cer- 
titicate. 



When act ta take 
eflfect. 



Section 1. The General Assembly of Nm-ih Carolina do 
enact, That the witnesses summoned to attend the court of 
impeachment on the trial of Goyernor William W. Ilolden, 
shall receive one dollar and fifty cents per day, and ten cents 
per mile by the most usual route from their respective homes 
to Raleigh and retui^iing. 

Sec 2. The above shall apply to witnesses for the respon- 
dent as well as for the prosecution ; Provided, The res- 
pondent shall not be allowed pay for more than two wit- 
nesses to prove the same fact, unless permitted by the 
senate. 

Sec 3. That the clerk of the senate shall certify the num- 
ber of days each witness shall attend upon said trial, and the 
number of miles travelled ; and the governor thereupon shall 
issue warrants uj)on the treasurer of the state who shall pay 
the same. 

Sec 4. This act shall take effect from its ratification. 

Ratified the 7th day of February, A. D. 1871. 



CHAPTER LXI. 

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO REGULATE 
THE MANNER OF APPLYING FOR PARDONS," CHAPTER ONE 
HUNDRED AND SEVENTY-ONE, RATIFIED MARCH TWENTY-EIGHT, 
ONE THOUSAND EIGHT HUNDRED AND SEVENTY. 



Amendment. 



Section 1. The General Assembly of North Carolina d» 
enact, That section two be so amended as to strike out all 
in said section after the word " thereon," in the fifth line, 



1870-' 71.— Chapter 61—62. 

119 

and to read as follows : Every sucli application shall contain 
tlie grounds and reasons upon wliicli the executive pardon 
is asked, and shall be in every case accompanied by a certi- 
fied copy of the indictment, and the verdict and judgement 
of the court thereon. 

Sec. 2. That sections three, four and five of said act are Repeal, 
hereby repealed. 

Sec. 3. This act shall be in force from its ratification. J^^^en act to be in 

force. 

Eatified the 8th day of February, A. D. 1871. 



CHAPTER LXII. i 

AN ACT CKEATESTG A COMMISSION TO INQUIRE INTO CHARGES OF i 
CORRUPTION AND FRAUD. 

Whereas, the last general assembly authorized the issue of Pi'cambie. 
sundry railroad companies of many millions of dollars in the 
bonds of the state for alleged purposes of internal improve 

ment, and said bonds were issued to the officers of said com- I 
panics ; 

And whereas, this general assembly have reason to believe 

that no adequate results have accrued therefrom, but that a j 

large proportion of said bonds have been corruptly and j 

fraudulently diverted from any pui-poses of internal improve- < 

ment to the personal ends of certain individuals, and have [ 

been fraudulently and dishonestly disposed of, to the great i 

detriment of the state, in the impairing of her credit abroad ! 

and the criminal disregard of her material interest at home ; j 

And whereas, it has been commonly charged that a por- j 

tion of said bonds or of the proceeds thereof, have been 1 

used for purposes of bribery in and out of the state of North j 

Carolina ; ^ 

And whereas, there have been many charges of official I 

venality and corruption since the passage authorizing the 1 
issue of the said bonds ; 



116 



1870-'71.— Chaftee 62. 



Commissioners to 
be appointed. 



Duties of com- 
misBion. 



Authority. 



Re-enactment of 
part of chapter 48, 
lawsl869-'70. 



Commission may 
ai^point persons 
to take deposi- 
tions. 



And whereas, it has been charged that certain officers of 
some of the said railroad companies have let contracts for 
the construction of said railroads or of parts thereof at fraud- 
ulent and exorbitant prices, and have shared or are yet to 
share in the profits of said contracts, or have been or are to 
be given money or other things on account of such fraudu- 
lent contracts ; 

And whereas, right and justice demand that the truth or 
falsity of all such charges should be inquired into and ascer- 
tained to the end that if true, the guilty may be punished 
and the honor of the state vindicated, 

Section 1. The General Assembly of North Carolina do 
enact, That tlie president of the senate and the speaker of 
the house of representatives appoint three persons who shall 
constitute a conmiission to investigate and inquire into the 
matters hereinbefore refcred to. They shall ascertain what 
disposition was made of all or any of said bonds, or of the 
proceeds of the same, or of any part thereof. They shall 
furthermore make diligent inquiry into every charge of 
bribery and corruption against any and every official oi the 
state, and against any and every officer or member of any 
corporation wherein the state has had or has any interest. 
And any one of said commission, by the appointment of 
said commisson, is authorized and empowered to examine 
witnesses, take deposition, administer oaths, issue process, 
and do whatever may tend to facilitate the business of said 
commission. 

Sec. 2. That in furtherance of the objects of the said com- 
missons, chapter five and chapter forty-eight except the 
preamble, and section four of the act of one thousand eight 
hundred and sixty-nine and one thousand eight hundred and 
seventy, are hereby re-enacted and made a part of this act as 
fully as if the same were herein set forth. 

Sec. 3. That said commission shall have power in their 
discretion to commission one or more persons in or out of 
the state, to take the deposition of any person under such 
rules as they may prescribe touching any matter within the 
compass of their duties as prescribed by this act. 



I870-'71.— Chapter 62—63. 119 

Sec. i. That said commissioners be allowed the same per Compensation, 
diem as the members of this general assembly for every day 
actually and necessarily employed by them in the discharge 
ol the duties required by this act, and their travelling ex- 
penses necessarily incurred in the performance of the same. 
And all witnesses appearing before them under tbeir sum- ^^7 of witaesseat 
mons shall be allowed the sAmej>er didm and mileage as is 
now allowed by law to witnesses in the superior courts. 

Sec. 5. That the treasurer is directed to pay upon the Treasurer to pay 
warrant of tlie chairman ol said commission, countersigned ch!^?i^^™f^com- 
by the auditor, all sums which shall become due under this ™*^^"'°- 
act for per diem and travelling expenses of the members of 
the commission, and for sheriifs and witness fees. 

Sec. 6. This act shall be in force from its ratification. When act to be ia 

Ratified the 8th day of February, A. D. 1871. '*'"'''• 



CHAP TEE LXIII. 

AN ACT CONCERNING A CONVENTION OF THE PEOPLE. 

Whereas, the present constitution of North Carolina is in Preamble, 
many respects burdensome and oppressive to the people of 
the atate, and some ol the provisions ill-adapted to the wants 
and condition of the people ; and whereas, the taxes re- 
quired by said constitution to be levied upon the citizens of 
the state by this general assembly, are, in the judgement ol 
this general assembly, too burdensome to be borne by the 
tax payers ol the state, and cannot be collected without 
efiecting the ruin ol the best interests of all our people ; and 
whereas, for the reasons hero set forth, and many others 
in the judgment of this general assembly, said constitution 
requires such amendments and alterations as will give to 
our people the relief demanded by thera from their present 
heavy burdens, which can only be immediately and judi- 
ciously effected by a convention of the people ; and whereas, 
6 



120 



1870-'71.— Chapter 63. 



Governor to issue 
proclamation. 



Date of election. 



Manner of voting. 



Delegrates. 



.Tudges of elec- 
tion. 



Judges to count 
ballots. 



Return to be 
made. 



Proviso. 



tliis general assembl}'', in matters of such grave iinport, is 
reluctant to undertake any change in the fundamental law 
of the state, without the sense of the people in whom, under 
our government, all sovereigntj' resides, being first ascer- 
tained ; therefore. 

Section 1. The General Ax^emhJy of North Carolina do 
enact, That upon the passage of this act, the governor of 
the state be and he is hereby required to issue a proclama- 
tion commanding the sheriffs of the respective counties in 
the state to open polls at the several places of holding elec- 
tions in said counties on Thursday, the thirteenth of 
April, anno domini one thousand eight hundred and seven- 
ty-one, where and when all persons qualified to vote tor 
members of the general assembly may vote for or against a 
state convention, under the restrictions hereinafter provided 
for ; those who wish convention voting with a printed or 
written ticket, " convention," and those who do not wish 
such convention voting in the same way, " no convention ;" 
also to open separate polls at the said time and places for 
the election of delegates to the convention to be assembled 
in the city of Raleigh at such time as is hereinafter provided 
for, said polls to be superintended by two judges or inspec- 
tors, at each of said places of holding the election, to be ap- 
pointed by the commissioners of said counties respectively, 
and an officer appointed by the sheriff* of the county, each of 
whom shall be sworn faithfully and impartiall}' to conduct 
said election according to law. 

Sec. 2. That it shall be the duty of said judges or inspec- 
tors, immediately after the closing of the polls, to count the 
ballots in the presence of such electors as may desire to be 
present, and make out a correct statement under their hands 
of the polls at their respective places of holding said electii a 
which shall be sealed up and returned to the commissioners 
of their respective counties, b}' 12 o'clock on Saturday after 
said day of election ; Provided, the counties of Carteret, 
Dare and Hyde, shall be allowed until Tuesday after tie 
election to make their returns ; and said commissioners, (or 
any two of them in the presence of five or more of the cili- 



1870-71.— Chapter 63. 121 i 

I 

( 

zens of said county.) shall compare said returns at the court- County Commie- | 

, , 111. . , . . sioners to make i 

house, or other place of holding court in their respective returns. I 

counties, and make duplicate statements of said returns, \ 

sworn to before some person authorized to administer oaths, I 

one copy of which shall be deposited in the office of the i 

register of deeds ot the county, and the other copy transmit- - 

ted to the governor ot the state, at Raleigh, under the same j 

rules and regulations, and under the same penalties, as are \ 

prescribed in the case ot the returns of the vote for electors ! 

of president and vice-president, as now provided by law, 

immediately after said election. 

Sec. 3. That it shall be the duty of the governor, as soon Governor to com' ' 
as he shall have received said returns, not later than the forth fence of^certafn 
day of Ma}', anno domini one thousand eight hundred and officers. ] 

seventy-one, in the presence ot the secretary of state, public 
tresurer and attorney general of the state, to compare the i 

number of votes for and against a convention ; and if it shall j 

appear that a majority of the votes polled are in favor of a con- • 

vention, he shall forthwith issue a proclamation, in such j 

manner as lie may think proper, summoning the delegates ! 

elected to said convention as aforesaid, to convene in Raleigh 1 

on the fourth Monday in May, anno domini one thousand i 

eight hundred and seventy-one, but if a majority of the Governor to issue 
votes polled are against convention, the governor shall in r(»uit™'^ 
like manner issue a proclamation of that fact. 

Sec. 4. That the election aforesaid, shall be held with Manner of hold- 
open doors, in the presence of the electors assembledj and '°^ election. 
conducted in the same manner as elections for members of 
the general assembly, and the vote shall be counted, the 
scrolls compared, the result proclaimed, and certificates 
issued, in the same manner, as now prescribed by law for 
members of the house of representatives. 

Sec. 5. That the inspectors of election mentioned in sec- inspectors ot 
tion first of this act, shall be appointed by the commissioners e^«^*'»<^"' 
of each county respectively, at a meeting to be held on the 
first Monday in March, one thousand eight hundred and 
seventy-one, or as soon thereafter as practicable, and said 



122 



1879-'71.— Chapter 63. 



Registrar of vo- 
ters. 



Duties of Regis- 
trar. 



Qualification of 
voters. 



Challenge. 



Vacandee, how 
filled. 



Number of d«le- 
gate^i 



Convention to fix 
ita pay, &c. 



commissioners shall, at the same time, appoint a registrar of 
voters lor each voting precinct or township, whose duty it 
shall be to revise the existing registration books of his pre- 
cinct or township, in such manner that said books shall show 
an accurate list of all electors previously registered in such 
precinct or township, and still residing therein, without re- 
quiring such electors to be registered anew ; and such 
registrar shall also, at all times after his appointment, up t» 
and on the day of election aforesaid, keep open said books, 
and shall be at the polls on said day with said books for the 
registration ot any electors residing in such precinct or 
township, and entitled to registration, whose names have 
never before been registered in such precinct or township, 
or do not appear on the revised list ; no certificates of regis- 
tration shall be given, and no elector shall be entitled to 
register or to vote in any other precinct or township than 
the one in which he is an actual and bonafide resident on 
the day of election. Any person offering to vote, although 
his name may be on the registration books, may be chal- 
lenged as to his right to vote on the day of election, and the 
question shall be decided by the inspectors of the box and 
the registrar of the precinct or township, before the ballot is 
received. 

Sec. 6. That if a vacancy shall occur by death or other- 
wise, of any person elected deltgate as aforesaid, the pre- 
siding oflBcer of the convention shall issue his writ to the 
sheriff of the county, in which such vacancy may have 
occurred, after such notice as the convention may order, to 
open polls to fill such vacancy, under the same rules and 
regulations as hereinbefore prescribed for the election of 
delegates. 

Sec. 7. That said convention shall consist^foneL^hundred 
and twenty-one delegates, and each county shall be entitled 
to the same number of delegates as members of the house ol 
representatives, under the present apportionment, and the 
county of Dare shall be entitled to one delegate. 

Sec. 8. That said convention shall have power to fix the 
pay of all its officers and members, and shall provide for 



;i870-' 71. —Chapter 63. 123 

other expenses to be paid out of the treasury as it may 
direct. 

Sec. 9. That said convention shall have power to elect its Officers of Con- 

'■ vcntion. 

officers, and shall be the judge of the qualifications and elec- 
tion of its members, who shall be electors of the state, of 
North Carolina. 

Sec. 10. That said convention shall have power to con- Powers of Con- 

^ , vention. 

sider and propose all necessary amendments and alterations 

to the constitution of the state, (excepting the restrictions 
hereinafter mentioned,) not inconsistent M'ith the constitu- 
tion of the United States. But said convention shall have 5^4!*'*'°^°^ 
no power or authority whatever to offer or propose any 
amendment or alteration of, or in anywise interfere with, 
repeal, or modify the homestead and personal property ex- 
emptions, as provided for in article 10 of the constitution of 
the state, and said convention shall insert a clause in said 
constitution depriving any court of the state of all power or 
jurisdiction whatever to reverse, modify or change in any 
way the decision which has been made by the present su- 
preme court on the homestead clause of the present consti- 
tution, nor shall said convention in any way interfere with, 
modify, repeal or do any other act to restrict or impair the 
rights, privileges, or immunities, of any person in the state, 
on account of race, color or previous condition, which are 
now guaranteed to him by the thirteenth, fourteenth and 
fifteenth amendments to the constitution of the United 
States ; nor shall they propose any amendment to tlic con- 
stitution of the state, in any way impairing or i-estricting 
said lights, privileges or immunities; nor shall said conven- 
tion pass any ordinance, or propose any amendment to the 
constitution of this state which shall in any wise provide for 
payment to the late slaveholders of the state or any other 
person, for the loss sustained by them by reason of the eman- 
cipation of said slaves ; nor shall said convention pass any 
ordinance, or offer any amendment, which shall in anywise 
provide for the payment of any debt or debts, contracted in 
aid of the late war ; nor shall said convention pass any ordi- 
nance, or offer any amendment which shall in anywise pro- 



124 1870-'71.~CHAFrEK 63. 

vide for the infliction of corporeal punisliinent for criminal 
offences ; nor shall said convention have power to abolish 
the present system of public instruction, but to make such 
alterations to said system as said convention may deem 
necessary and proper ; nor shall said convention propose 
any amendment or alteration requiring any property or edu- 
cational qualification for voters or officers ; nor shall said 
convention change the present ratio between the poll and 
property tax, or provide for raising the poll tax on one poll 
above two dollars for all (ordinary state and county) pur- 
poses ; nor shall said convention be allowed to pass any ordi- 
nance or ordinances legislative in their charactei', except 
such as are necessary to submit the constitution as amended 
to the people of the state for their ratification or rejection, 
and provide for filling such vacancies as may occur by rea- 
son of any amendment or amendments made by said con- 
vention to the constitution of the state ; and except ordi- 
nances in relation to the public debt ; nor shall said conven- 
tion have any power to modify or repeal that clause in the 
present constitution which provides for a mechanics and 
laborers' lien law ; nor shall said convention have any power 
to modify or repeal those clauses in the present constitution 
which provide that there is no right to secede, and that 
every citizen owes paramount allegiance to the constitution 
and government of the United States. (Article I, sections 
4 and 5.) 
Further powers of Sec. 11. That said convention may revise the constitution 
of the state, embodying in it such alterations and amend- 
ments as may be agreed upon, not inconsistent with the 
provisions of this act ; but no such revised constitution shall 
have any force or validity until the same shall have been 
Constitution to ratified by a majority of the qualified voters of the state, to 
people. whom the same shall be submitted according to the mode to 

be presbribed by ordinance of said convention. 

Delegates to take Sec. 12. That no delegate to said convention shall be per- 

°^*^* mitted to take his seat in said convention until he shall have 

taken and subscribed the following oath or aflirmation before 

any judge of the supreme or superior courts, or any justice 



1870-'71.— Chapter 63. 125 

ot the peace of Wake county, to wit : I, A. B., do solemnly Oath. 
swear (or affirm, as the case may be,) that I will faitlifully 
maintain and support the constitution of the United States, 
and will not either directly or indirectly evade or disregard 
the duties enjoined, or the limits fixed, to this convention 
by the people of North Carolina as set forth in the act of 
the general assembly, passed in one thousand eight hundred 
and seventy-one, entitled an act concerning a convention of 
the people; which act was ratified by the people : so help , 
me God. 

Sec. 13. That any judge or judges of elections ap- fectbyCo?ntr^' ' 
pointed under the provisions of this act, or any county com- Commissioners , 

• • -ji./' •!• 1 • 11 and others. ' 

missioner or sherin lailmo' or nemectmoc to make the returns 

O O O j 

and perform the duties required of him by this act, shall be 

deemed guilty of a misdemeanor, and on conviction, shall be j 

fined not less than five hundred nor more than one thousand i 

dollars, or imprisioned not more than six nor less than two 1 

months, at the discretion of the court. ( 

Sec. 14. Any person who shall knowingly and fraudu- Fraudulent vo- i 

lently register or vote or induce another to do so contrary ' | 

to the provisions of this act, shall be deemed guilty of a ' 

misdemeanor, and on conviction, shall be imprisoned not penalty. \ 

less than six nor more than twelve months, or fined not less { 

than one hundred nor more than five hundred dollars ; and \ 

any registrar of voters who shall make or cause or suft'er to i 

be made, any entry with intent to commit a fraud shall be i 

subject to indictment and liable to the same penalty. ] 

Sec. 15. That the joint committee on printing shall im- Act to be printed. i 

mediately have printed ten copies of this act for each I 

senator and member of the house of representatives, and \ 

shall have printed and transmitted by mail one hundred j 

copies to the board of commissioners for each county, whose I 

duty it shall bo to furnish one copy to each registrar in their < 

respective counties, and one copy to the inspectors of elec- ■ 

tion at each precinct before the day of election. - 

Sec. 16. This act shall be in force from and after its ratifica- When act to be in I 
.. force. 

tion. i 

Eatified the Sth day of February, A. D. 1S71. 



126 



1870-'71.— Chaptek 64. 



CHAPTEK LXIV. 



AN ACT TO INCORPORATE THE NORTH CAROLINA RAILROAD 
AND MANUFACTURING COMPANY. 



Capital. 



Shares. 



Location of rail- 
road. 



Corporators. Section 1. The General Assemhly of North Carolina do 

enact, That E. M. Davis, Henry C. Davis, Shreve Acklej, 
Harvey Shaw, Calvin Phillips, Tod R. Caldwell, Edmond 
"W. Jones, James C. Harper and G. W. F. Harper, and 
snch other persons as may be associated with them, and 
their successors, be and they are created a corporation and 
body politic, imder the name, style and title of the " North 
Carolina Kailroad and Manufacturing Company," with a 
capital of five hundred thousand dollars, with the power of 
increasing the same to any sum not exceeding one million 
dollars whenever the directors may deem it expedient, to be 
divided into shares of one hundred dollars each, for the pur- 
pose of constructing a railroad from any point on the line of 
the Charlotte, Wilmington and Rutherford railroad, between 
the towns of Lincolnton and Shelby, or from any point on 
the line ot the Western North Carolina railroad, between 
the towns of Hickory Tavern and Marion, to any point in 
the state line between the state of North Carolina and the 
states ot Virginia or Tennessee. 

Sec. 2. That the said company shall have power to pur- 
chase, hold and improve lands along and near the line of 
said railroad ; to obtain therefrom any and all timbers, ores, 
or other valuable substances ; and to construct such houses, 
works, mills or factories as maj' be necessary to effect such 
purposes, or to develope or to bring into market the resources 
of the region through which said railroad shall pass. 

Further powers. Sec. 3. That the said company shall have power to sell, 
lease or mortgage the lands so acquired, and to construct 
railroads from any point on the main trunk line to such 
other points situated within the boundaries of the lands so 
acquired by them as the said company may deem necessary. 

May issue bonds* Sec. 4. That the said company shall have power to issue 



Powers of com- 
pany. 



1870-'71.— CiiAFfER 64r—Qo. 127 

bonds to an amount not exceeding its capital stock, at the 
lesral rate of interest, redeemable at auv time not less than 
ten (10) years from the date ot their issue ; said bonds to be 
secured by mortgage on the railroad, lands, and other property 
acquired b}' said corporation. 

Sec. 5. That all railroads constructed by said company Guage. 
shall have a guage ot not less than two (2) feet, and not more 
than the jruage of the Xorth Carolina railroad. 

Sec. 6. That the said company shall have the privilege of 
suing, shall be liable by its coi^orate name, may have a 
common seal, and may make such laws, rules and regulations 
not inconsistent witli the constitution and laws of this state 
and of the United States, as may be needful for the well 
ordering of its affairs. 

Sec "t. This act shall go into efiect from and after its i-ati- jv^^cn act to take 

fication. 

Ratified the 10th day of February, A. D. 1871. 



CHAPTER LXV. 

AN ACr IX KKLATION- To rRIXTIXG THE GENERAL STATUTES* 

Section 1. The General Assemhly of North Carolina do Secretary of state 

"^ "^ -11 directed to kiive 

enact, That the secretary ot state be, and he is hereby au- laws printed. 

thori7XMl ami directed, immediately after the ratification of 

any act, to have the requisite number thereof printed, as 

now required by law, to the end that the same may be 

bound for distribution, as the law requires. 

Sec. 2. That this act shall be in force from and after its wiicn act to be h^ 

force, 
ratification. 

Ratified the 11th day of February, A. D. 1871. 



128 



1870-'T1.— CHAi>rER 66—67. 



CHAPTER L X Y I . 

AN ACT TO AUTHORIZE THE COMMISSIONEKS OF CLAY COUNTY 
TO LEVY A SPECIAL TAX FOE CERTAIN PURPOSES. 



Objects of taxa- 
tion. 



Proviso. 

Further provisa. 



When act to be in 
force. 



Section 1. The General Asseiiibly of North Carolina do 
enact, That the commissioners of Cla}^ county are hereby 
empowered to levy a special tax upon all subjects ot taxation 
within said county, for the special purpose of defraying the 
expenses of building a courthouse in the town of Hayes- 
ville, Clay county ; Provided, Said amount of taxes so levied 
shall not exceed twenty-five hundred dollars ; And provi- 
dedj That not more than one-half of the said tax levied 
under authority of this act shall be levied and collected in 
tlie year one thousand eight hundred and seventy-one. 

Sec. 2. This act shall be in force from and after its rati, 
fication. 

Eatified the 13th day of February, A. D. 1871. 



CHAPTER LXYII. 

AN ACT FOR THE BENEFIT OF THE WESTERN NORTH CAROLINA 
RAILROAD COMPANY. 



SerT'^* ^^^^^' Section 1. The General Assembly of North Carolina do 
enact, That the stockholders of the Western North Carolina 
Railroad Company (eastern division) may meet in the town 
of Salisbury, in the county of Rowan, after thirty days 
notice, which notice any three stockholders of said company 

How meeting may may give, by publishing the same in a daily newspaper pub- 
lished in the city of Raleigh, and in the weekly newspapers 
published in the towns of Salisbury, Statesville and Ashe- 
ville, and if a quorum of such stockholders and the state's 
proxy, representing the stock of the state in said company 



1870-'71.— Chapter 67. 129 

shall be present at snch meeting, it shall be competent for 

the stockholders of the said company for cause satisfactory R«J^«7]^°^*^^^. 

to them, to remove the present board of directors, and any cers. 

of the officers or agents of said company and elect and 

appoint others in their stead ; Provided, however, that the Proviso. 

representatives of stock subscribed by contractors who have 

not finished up their contracts, be only entitled to vote upon 

the amount of stock to which they are entitled on work 

actually done, and in the event the said present board of 

directors shall be removed, then, and in that case, F. N. 

Luckey, A. C. Cowles, Hugh Reynolds, Joseph C. Mills, state directors. 

Lock ilcCorkle, C. L. S. Corpening, E. J. Aston and David 

Coleman, shall be directors of said company, representing 

and in behalf of the state as now provided by law, until the 

next annual meeting of the stockholders of said company, and 

at the special meeting herein provided for, and until the 

next annual meeting, C. A. Henderson shall be the proxy state proxy. 

tor the state. 

Sec. 2. That hereafter the speaker of the house of rep- state^PJoxy^and^_ 
resentatives shall, by a paper writing to that effect, appomt pointed hereafter, 
the directors and proxy to represent the stock and interest 
of the state in said company. 

Sec. 3. That if the stockholders of said company shall If'^^^lt^'^^ 
remove the present board of directors, or any of their certo tonsfcr 
officers or agents as provided by this act, and any such 
director, officer or agent so removed shall fail or refuse 
forthwith to surrender and duly account for all moneys, 
bonds, papers, property and effects of every kind of said 
company in the possession or control of such director, officer 
or agent, such director, officer or agent so failing and re- 
fusing shall be deemed guilty of a misdemeanor, and on 
conviction in the superior court of the couuty of Catawba, 
shall be imprisoned not less than one month nor more than 
six months, and fined not less than one hundred dollars, nor 
more than five hundred dollars. 

Sec. 4. That if any director or officer or agent of said f^^^;^l^l^^^^^^ 
company shall pay, use or apply, or dispose of in any way "^^^J"" ^^^^^^^^ 
directly or indirectly, any of the money, bonds, property or of this act. 



130 1870-'71.— Chapter 67—68. 

effects of said company in the institution or prosecution of 
any suit or other legal proceedings to delay, affect or defeat 
the provisions ot tliis act, such director, officer or agent bo 
offending, shall be deemed guilty of embezzlement, and on 
conviction m the superior court of Catawba county, shall be 
imprisoned not less than six months nor more than twelve 
months, and fined not less than one hundred dollars nor 
more than five hundred dollars. 

TreaSrer.""*^ ^^^- ^- ^liat the president and treasurer elected by said 

board of directors shall give bond and sufficient security to- 
be adjudged by the board of directors, two-thirds concurrini<;,. 
and that at no time shall the treasurer deliver to the presi- 
dent more than one hundred thousand dollars in mortgage 
or other bonds, until the same be disposed of to aid in the 
completion of the road. 

Depot, near Ashe- Sec. 6. That the depot near Asheville shall be located 
within the corporate limits of said town if practicable. 

When act to be in Sec. 7. That this act shall be in force from and after its 
ratificalion. .i\n 

Ratified the 13th day of February, A. D. 1871. 



CHAPTER LXVIII. 

AN ACT AUTHORIZING THE GOVERNOR TO OFFER A REW^VKD 
FOR THE ARREST OF HENRY B. LOWEKY AND OTHERS. 

Preamble. WiiEREAs, til is general assembly has reliable information., 

of the existence of a band of outlaws and desperadoes in 
Robeson county who have committed murder and other out- 
rages upon the peaceful and law-abiding citizens of Robeson 
and the adjoining counties ; and whereas, the said band ot : 
outlaws and desperadoes have openly defied the civil author-., 
ities of this state, and have evaded and so concealed them-;o 
selves that the usual process of law cannot be served upon 
them ; and whereas, the judicial officers of Robeson county 



i 



18T0-'71.— Chapter 68—69. 131 

5vave, bj public proclamation, made in pursuance of chapter 
«ixty-two, laws of one thousand eight hundred and sixty-five 
-and one thousand eight hundred and sixty-six, required said 
outlaws forthwith to surrender themselves, which proclama- 
tion has been disregarded and defied. 

Resolved, That his excellency Governor Tod E. Caldwell, ^^^,X' **'''^"' 
be and he is hereby authorized and empowered by public 
proclamation, to ofter a reward of two thousand ($2,000) 
dollars for the arrest and delivery, dead or alive, of the body 
of Henry B. LoM-ery, to the proper authorities of the state, 
and a reward of one thousand dollars for the delivery of each 
of the bodies, dead or alive, of Boss Strong, Stephen Lowery, 
Thomas Lowery, Henderson Oxendine and George Apple- 
white, to the proper authorities of this state ; Provided, 
That this act shall only apply to such ot said persons as have 
been or may hereafter be regularly outlawed by due course 
of law. 

Resolved further. That any and all rewards heretofore Previous offers of 
•^ ' •' /. 1 i_ reward revoked, 

offered for the arrest and delivery of all or any of the above 

named parties by the governor of this state are hereby re- 
voked. 

Resolved, That this act shall take effect from and after its 
ratification. 

Ratified the 13th day of February, A. D. 1871. 



CHAPTEE LXIX. 

AN ACT TO CHABTEB THK TENNESSEE RIVER TURNPIKE COMPANY. 

Section 1. The General AssemUy of North Corolina do CorporaUre, 
etWAit, That J. J. Calhoun, A. B. Welch, Pendleton Crisp, 
Benson Cook and Phillip Calhoun, or a majority of them, 
are hereby appointed commissioners, and authorized and 
empowered by themselves, and under the directions of such SuUcriptlons to 
agents as they may select, to open books for subscription of 



132 1870-71.— Chapter 69. 

Shares. stock, in shares of twenty dollars each, to build a turnpike 

Location of road. yoaS. from the first ford on the Tuckaseegee river above its 

mouth, down the Tennessee ri\er to Stephen Whi taker's 

road near Rocky Point, in Macon county. 

Organization of gj^^ 2. That as soon as the sum of one thousand dollars 

company. 

shall have been subscribed, the said commissioners or a 
majority of them, shall, by public notice of ten days, notify 
the stockholders to meet at some convenient point on the 
line of said road to organize the company, and as soon as 
convenient to commence work. 

^^^^- Sec. 3. That the company when formed, shall have the 

right to use the old turnpike road, or so much of it as they 
may desire, and at no place shall the road have a steeper 
grade than one loot in twelve, or a less width than twelve 
ieet. 

Corporate name. g^,^^ 4^ ^j^^^. ^^^ company when tormed shall have a 

corporate existence, under the name ♦nd style of the Ten- 
nessee Kiver Turnpike Company for the term of twenty 
years, and that in the organization of the company and the 
Proportion of transaction of its business, each stockholder shall have as 
many votes as he has shares ol stock in said company. 

Commissioners to Sec. 5. That when said road shall have been completed 

examine road. , .. /.-nr in .11. 

the commissioners 01 Macon county shall appoint three dis- 
creet persons as commissioners to examine said road, and 
upon the certificate of said commissioners that the road has 
been completed according to the provisions of this act, the 

Toll gate. company shall have the right to erect a toll gate at some 

point on the road, which they may move at will, and shall 
have the right to establish and collect tolls from all persons 
travelling over said road with the following exceptions, viz : 

Exemption Irom first, all persons living in Welch's township, subject by law 
to work on said road, and their families ; secondly, any per- 
son going to or returning from church, or going to or return- 
ing from a public mill ; Provided, That nothing in this 
section shall be construed to relieve or release any person, 
subject by law, from performing six days labor annually on 
said road, under such overseer or overseers as may be 
appointed by the commissioners of Macon county. 



1870-'71.— Chapter G9— 70. 133 

Sec. 6. Tlie company shall have the right to collect the R^tes of toil, 
following tolls, viz : for two horse carriage or peddlers 
wagon, one dollar; for one horse carriage or buggy, fifty 
cents ; for six horse wagon, seventy cents ; lor five horse 
wagon, sixt}' cents; for fonr horse wagon, fifty cents; for 
three horse wagon, forty cents ; for two horse wagon, thirty 
cents ; tor one horee wagon or- cart, twenty-five cents ; for 
each horse or nude with rider, ten cents ; for each horse, 
mule or ass without rider, five cents ; for each head of cattle, 
two cents. 

Sec. 7. That any person passing over said road who shall Penalty for non- 
fail or refuse to pay the toll prescribed by law, shall be sub- 
ject to a penalty of five dollars, which may be sued for in 
the name of the company and recovered before any acting 
justice of the peace ; Provided, That the company shall, at Proviso, 
all times when demanding and collecting tolls, be required to 
keep said road in about such condition as when examined 
by the commissioners authorized by the fifth section of this 
act. 

Sec. 8. That this act shall be in force from the date of its When act to be 
^.^ ^, in force, 

ratmcation. 

Ratified the 15th day of February, A. D. 1871. 



CHAPTER LXX. 



AN ACT IN RELATION TO THE PUBLIC LIBRARY. ] 

1 

Section 1. The General AssemUy of North Carolina do Trustees of Li- 

brary. i 

ernaci, Tiiat the governor and judges of the supreme court, \ 

and their respective successors in office, are appointed trus- I 

tees of tlie state library, and all moneys appropriated for its \ 

increase shall be laid out under their direction and supervis- 1 

ion. The judges of the supreme court in the absence of the ' 

governor, or the governor and ajiy of the judges in the ab- i 

Rence of the others shah be a quorum with all the authority 



134 



187^71.— Chapter 70. 



Rules and regula- 
tions far Library. 

Librarian elected 
biennially. 

Salary. 



Vacancy. 



Library hours. 



Libraries of Sen- 
ate and House of 
Representatives. 



Supreme Court 
Library. 



Wlien act to be 
in force. 



vested in said trustees. The trustees may make such rules 
and regulations in regard to the library and the use of the 
books as they may deem best. That a librarian shall be 
biennially elected by the joint vote of the two houses of tho 
general assembly at a salary not exceeding five hundred dol- 
lars a year, who shall give bond with security in such sum 
as the governor may determine, payable to the state of North 
Carolina, conditioned for the safe keeping of the books and 
the faithful discharge of his duties, and shall hold his place 
until his successor shall be elected and qualified ; Provided^ 
however, That in case the ofiice ot librarian shall become 
vacant otherwise than by the expiration of the term, the 
governor is authorized to appoint some switable person to 
discharge the duties thereof until the next succeeding session 
of the general assembly. 

Sec. 2. The library shall be kept opea on all days, Sun- 
days and holidays excepted, from nine a. m. to twelve m. 
except during the sitting oi the general assembly and terms 
of the supreme court when the library shall be kept open in 
addition to the above stated time, from two p. m. until five 
p. m,; that the librarian shall also keep the libraries in the 
senate chamber and house of representatives locked except 
during the sessions of the general assembly. 

Sec. 3. That it shall be the duty oi the clerk of the su- 
preme court to take charge of the law library of the supreme 
court, under such rules and regulations as the justices ot 
said court may prescribe. 

Sec. 4. That this act shall be in force from and after its 
ratification. 

Ratified the 15th day of February, A. D. 1871. 



1870-'71.— CnAFPER 71. 135 



CHAPTER LXXI. 

AN ACT TO AUTHORIZE THE COinilSSIONERS OF ONSLOW COUNTY 
TO ADJUST THE TAX LISTS NOW IN THE HANDS OF THE 
SHERIFF. 

Section 1. The General Asseiiihly of Nm'tli Carolina do 
enact, That the commissioners of Onslow county are hereby commUsioncrs to 
authorized to hear complaints ot tax payers in regard to the ^ear complaints, 
valuations of their land or other cause of complaints, and 
to act upon such complaints in the same manner, in every 
respect as they are required to do by law at the June meet 
ing of the board. 

Sec. 2. That no complaint shall be heard under this act whatcompiwnts 
unless the complainant shall set forth in writing the cause of °"*y ^^ heard, 
his complaint and the cause of his failure to apply to the 
board at the time prescribed by law, such complaint to be 
sworn to by the complainant or his authorized agent. 

Sec. 3. That whenever the county commissioners shall Alterations in tax 
make an alteration in the tax lists, the same shall be certi- 
tified by the clerk of the board to the sheriff of the county, 
and the sheriff shall be governed by the same, and shall be 
allowed for it in his settlement with the auditor. 

Sec. 4. That in all cases when appeals have been taken Where judgmcDta 
imder section seventeen, of chapter two hundred and twenty- dered. 
five of the acts of one thousand eight hundred and sixtj'-nine 
and one thousand eight hundred and seventy, and judgment 
rendered for five per cent, in addition to the tax, the said 
sum may be refunded by the board upon the payment of 
tlie costs by the party. 

Spx. 5. That the operation of this act shall be confined to Limitation of ttiis 
the county of Onslow, and shall expire at the end of forty ^*" 
•days from the ratification of this act 

Sec. 6. That there shall be the same right of appeal under night of appeal, 
this act as is now given by law. 

Sec. 7. That this act shall be in force from and after its -wiien act to be ia 
ratification. . . *°*"*^®- 

Ratified the 15t^i day of February, A. D. 1871. 
7 



136 



1870-'71.— Chapter 72. 



CHAPTER LXXII. 

AN ACT TO COMPEL THE PRESIDENT AND DIRECTORS OF THE 
SEVERAL KAIL ROADS IN THIS STATE TO ACCOUNT WITH THEIR 
SUCCESSORS IN OFFICE FOR THE PROPERTY AND EFFECTS OF 
SAID COMPANIES. 



OflSeers of rail- 
roads to account 
to their succes- 
sors. 



Penalty for re- 
fusal or failure. 



Governor may 
make requisition 
upon other States. 



Penalty for delay- 
ing or defeating 
the execution of 
this act. 



To whom pro- 
visions of this act 
are applicable. 



Section 1. The General Assembly of North Carolina do 
enact. That the president and directors of the several rail- 
roads of this state, and all persons acting under tliem, are 
hereby required upon demand to account with the president 
and directors elected or appointed to succeed them, and 
shall transfer to them forthwith all the money, books, papei*s, 
choses in action, property and effects of every kind and de- 
scription belonging to such company, and that a refusal or 
failure to account for and transter all the money, books, 
papers chosen in action, property and effects, as herein re- 
quired, shall be deemed a misdemeanor, and upon conviction 
in any superior court of this state, shall be punished by 
imprisonment in the penitentiary of this state for not less 
than one nor more than five years, and by fine at the discre- 
tion of the court. 

Sec. 2. That the governor of this state be and he is 
hereby authorized, at the request of the president, directors 
or other oflScer of any railroad company, to make requisi- 
tion upon the governor of any other state for the apprehen- 
sion of any such president failing to comply with the 
provisions of the first section of this act. 

Sec. 3. That all persons conspiring with any such pres- 
ident, directors or their agents to defeat, delay or hinder the 
execution of this act, shall be deemed guilty of a misde- 
meanor, and on conviction in any superior court of this 
state, shall be subject to the penalties provided in the firet 
section of this act. 

Seo. 4. The provisions of this act shall apply to all presi- 
dents and directors and their agents, who have not settled 



1S70-'T1.— Chapter 72—73. 137 ] 

;j 

in full with their successors in office prior to the ratification ' 

ot this act. j 

Sec. 5. This act shall he in force from and after its Whcu act to bcjn i 

force, 
ratification. I 

Ratified the 16th day of February, A. D. 1871. ^ 

! 



CHAPTER LXXIII. i 

J 

AN ACT FOR THE RELIEF OF G. B. THREADGILL ANT) J. L. MOORE, \ 

FORMER SHERIFFS OF ANSON AND MACGN COUNTIES. ^ 

Sectii^n 1. The General Assembly of North Carolina do May collect ar 
enact, That Gideon B. Threadgill former sheriff ot Anson '' * i 
county and J. L. Moore of Macon county, have full power I 
and authority until January first, one thousand eight hun- 
dred and seventy-two, to collect tlie arrearages of taxes due 
him for the years one thousand eight hundred and sixty- 
six and one thousand eight hundred and sixty-seven. j 

Sec 2. That if any persons shall make affidavit before persous may make j 

any justice of the peace in and for said county that he or ^ave'paid taxes.*^ I 

she lias paid the said taxes, or believes the same to have been ; 
paid for the years one thousand eight hundred and sixty-sLx 

or one thousand eight hundred and sixty-seven, the same ; 

shall be a bar to the collection of the same ; Provided^ The Proviso. \ 

representatives of estates of deceased persons shall not be 1 
compelled to pay such arrears of taxes. 

Sec. 3. That this act shall be in force from and after its When act to be in ' 

ratification. ' I 

Ratified the 16th day of February, A. I). 1871. j 



138 



1870-'71.— Chapter Y4— 75. 



CHAPTER LXXIY. 



AN ACT TO MAKE A FAILURE TO WORK ON PUBLIC ROADS A 
MISDEMEANOR. 

foTKS? ^"^^'^^^ ^- ^^'' ^'''''''^ Assemlly of North Carolina do 

roa^s. enact, That if any person liable under existing laws, to work 

upon the public roads, shall wilfully refuse to work upon 
said roads, after being legally summoned for that purpose, 
or if said person or persons so liable to work as aforesaid 
shall attend at the place and time designated in the notice 
or summon from the overseer, and wilfully refuse or neglect 
to work on said road, the person or persons so offending 
shall, for every such offence, be deemed guilty of [a misde^ 
meaner, and upon conviction before a justice of the peace, 
shall be fined not less than two nor more than five dollars ; 

Proviso. Provided, however, That this act shall not be construed to 

effect any person liable to work as aforesaid, who shall 
furnish a good hand to work in his stead, or who for each 
day notified to attend, shall pay to the overseer the sum of 
one dollar, to be expended for labor on the road. 

When act to be in Sec. 2. This act shall be in force from and after its rati- 
iication. 
Eatified the 16th day of February, A. D. 1871. 



CHAPTEE LXXV. 

AN ACT MAKING THE SOUTH YADKIN RIVER IN THE COUNTIES 
OF ROWAN AND DAVIE A LAWFUL FENCE. 

South Yadkin SECTION 1. The General Assembly of If(/rth Carolina da 

S'fe^ce!"^^'''" ^^^^» That the South Yadkin river in the counties of 

Eowan and Davie, shall be regarded as a lawful fence from 



1870-71.— Chapter 75— T(>— 77. 13a 

Peter "W. Harston's mill dam to the mouth of Beaver Dam 

branch in Rowan county. 

Sec. 2. This act shall be in force from and after its ratifi- When act to be in 

iorce. 

cation. 

Ratified the 17th day of February, A. D. 1871. 



CHAPTER LXXYI. 

AN ACT IN KELATION TO VACANCIES OCCUKKING IN COUNTY 

OFFICES. 

Section 1, 27ie General Assemlly of North Carolina do Repeal. 

enact, That the proviso to section one of an act to provide 

for filling vacancies occurring in the ofKces provided for in 

article seven of the constitution of North Carolina, ratified 

the twenty-seventh day of Jul}'-, one thousand eight hundred 

and sixty-eight, be and the same is hereby repealed, and any 

vacancy which now exists or may hereafter occur in any Vacancies, iiow 

board of county commissioners shall be filled by a majority 

of said board. 

Sec 2. This act shall be in force from and after its rati- w^ieo act t« be in 
(. ,. force, 

iication. 

Ratified tlie ITth day of February, A. D. 1871. 



CHAPTER LXXVII. 

AN ACT KELATIVE TO BALE OF EANI) BY THE COMMISSIONERS 
OF TirE TOWN <^)F MAKION, IN m'dOWEIJ. (X^UNTY. 

Section 1. TJie General AssemUy of North Carolina do preamble. 
enact, That whereas, J. H. Gilkey and others were com- 
missioners of the town of Marion, in the year one thousand 



uo 



1870-71.— Chapter 77—78. 



Title of Joseph d. 
Neal made valid. 



Title of M. M. 
Teague. 



When act to be in 
force. 



eiglit hundred and sixty-nine ; that during said year the said 
commissioners did advertize and sell a portion of Logan 
street ; that at such sale Joseph G. Neal became the last and 
highest bidder, and upon the payment of the amount bid, 
the said J. H. Gilkey and others proceeded to execute and 
deliver a deed tor the same ; and as same doubt has arisen 
as to power of vendors to execute good title, it is enacted 
by the general assembly ; that this sale be made valid, and 
that the said Joseph G. Neal hold the same according to 
bounds set forth in said deed of conveyance from said J. H. 
Gillvey and others, against all party or parties whatever, 
county or counties, and even the state of North Carolina. 
The title made to M. M. Teague for a part of Henderson 
street be included in the provisions of this act. 

Sec. 2. That this act shall be in force from and after its 
ratification. 

Katified the 17th day of February, A. D. 1871. 



CHAPTER LXXVIII. 

AN ACT TO AUTHORIZE THE CONSTRUCTION OF A TOLL BRIDGE 
ACROSS THE TADKIN RIVER AT OR NEAR ELKIN. 



CoiTJorators.t 



Location of 
Ijridge. 



Section 1. The General Assembly of North Carolina do 
enact, That R. R. Gwyn, R. W. Ford, William H. Rea\ds 
and such other persons as they may associate with them and 
their successors, be and they are hereby constituted a body 
politic with corporate privileges under the name and style 
of " the Elkin and Jonesville Bridge Company," and in 
that name to have succession, sue and be sued, plead and be 
empleaded, and to make such rules and regulations as they 
may deem necessary for the construction of and keeping up 
a public bridge across the Yadkin river at or near the ford 
of said river between Jonesville in Yadkin county, and 
Elkin in Surry county. 



1870- 71.— Chapter 78—79. Ul 

Sec. 2. That the amount of tolls to be charged and ro- Rates of toll, 
ceived by the said " Elkin and Jonesville Bridge Company," 
shall be determined by the board of county commissioners 
of Surry county, whose duty it shall be to establish the rate 
of tolls to be charged for crossing said bridge, and cause the 
same to be entered on record. 

Sec. 3. That if any person or persons after the comple- Fine for njopay- 
tion of the said bridge shaU pass over the same and refuse "'^'^^^ 
to pay the tolls as fixed by law, that every such person or 
persons shall forfeit and pay the sum of five doUars, to be 
recovered by the said company by warrant before a justice 

of the peace. 

Sec. 4. That in case of the failure on the part of said owners to k^p 
company to keep the said bridge in good repair so that the conSion.^ 
public may cross in safety, the said owners shall be subject 
to indictment in the superior court of Surry county, and be 
fined at the discretion at the court. 

Sec. 5. That this grant shall continue for the space of Limitation of act. 
fifty years. 

Sec. 6. That this act shall be in force from and after its ^^g^ act to be in 
ratification. 

Ratified the 17th day of February, A. D. 1871. 



CHAPTER LXXIX. 

AN ACT IN FAVOR OF NATHANIEL R. JONES, 8HEBIFF OF WAR- 
REN COUNTY. 

Section 1. The General Assembly of North Ca/rolina do Ext^nsionof^time 
^nact, That Nathaniel E. Jones, sheriff of AVarren county, 
be allowed until tlie first day of April, one thousand eight 
hundred and seventy-one, to make his final settlement with 
the county treasurer of said county for the county taxes, 
except the special county taxes levied for the year one thou- 
sand eight hundred and seventy. 



U^ ' ISrO-'Tl^CnAPTEK 79—80. 

When act to be in Sec. 2. This act shall be in force from and after its ratifi- 
force. 

cation. 

Eatified the 17th day of Februaiy, A. D. 1871. 



CHAPTEE LXXX. 

AN ACT IN RELATION TO THE CAPITOL SQUAEE AND PUBLIC' 
GKOUNDS IN THE CITY OF KALEIGH, AND EOK OTHER PUR-^ 

POSES. 

Amount appro- SECTION 1. The General Assembly of North Carolina do 

^"* ■ enact, That a sum not exceeding six hundred dollars be and 

the same is hereby set apart annually, out of any money in 

the treasury not otherwise appropriated, which may be used 

in caring for the capitol square and public grounds in the 

city of Ealeigh. 

All accounts for Sec. 2. 1^0 account for work or labor done on the capitol 

^a or e sworn g^^^g^j.^ ^j. pu"i3iic grounds in the city of Ealeigh, or in the 

senate chamber, or house of representatives, or in any room 

or office in the capitol, or in any building connected with 

the square or grounds aforesaid, shall be audited or paid, 

until the same is sworn to before the secretary of state, to 

Secretary of State ^^ J^^^^ ^^^ ^^^^®' ^^^ ®^ certified by that officer. Nor shall 

to certify account i]^q secretary of state certify the account of any lal.)orer lor 
only of persons -^ -^ _ ... 

employed by the work done or services rendered in any of said buildiuo-s or 
Keeper of the Cap- n . . -, i--, \ i-, 

itol. on any oi said grounds, unless it be made to appear that said 

laborer or employee has been employed by the keeper of the 
capitol. 
All accounts for ^^*^' ^- -^^ 'account for wood, or fuel or for coal shall be 
fuel to be sworn audited or paid until the claimant make oath as above, that 
the account is just and true, and that the number of cords of 
woods, or tons of coal charged for, have been delivered 
within the enclosure of the capitol square. 



18T0-'T1.— CiiAFfFai SCV^Sl. 14* 

SrEc. 4. All laws and parts of laws in conflict with tins Repealing clause. 

act be and and the same are hereby repealed. 

Sec. 5. This act shall be in force from and after its ratifi- When act to be iu 

lorce. 
cation. 

Ratified the 18th da}' of Febrnarj, A. D. ISTl. 



CHAPTER LXXXI. 

AN ACT IN RELATION TO SALAKIES AND FEES OF STATE 
OFFICERS. 

Section 1. The Geiural Asseinbly of JVorfh Cardlna do salaries. 
enact, That the followinc: salaries and fees shall be estal)- 
lished for the officers herein named : The fjovernor t;hall be „ 

^ Private Secretary 

allowed a private secretary at a salarj^ of seven hundred and of the Governor, 
fifty dollars per year, who may receive the fees of said office 
as prescribed in section twelve, chapter one hundred and 
two, revised code, and no others. 

Sec. 2. The treasurer shall be allowed a chief clerk with ciiief cicrk of 
a salary of fifteen hundred dollars per year. He shall also 
be allowed an a-.sistant clerk with an annual salary of seven Assistant Clerk. 
liundred and filty dollars. 

Sec. 3. The secretary of state shall have an annual salary secretary of state. 
of one thousand dollars. lie shall be entitled to the fees of 
his office as prescribed in section thirteen, chapter one hun- 
dred and two of the revised code, and no others. He shall cicrk of Secretary 
also be allowed one clerk with aii annual salary of one thou- ^^''^^^' 
sand dollaj-s. 

Sec. 4. The annual salary of the auditor shall Ije twelve Amiitor. 
hundred and filty dollar*. He shall be allowed one clerk 
at nine hundred dollars. He shall also be allowed the ices Auditor's cierk 
of liis office as pj-escribed by law. 

Sec. 5. The annual salary of the superintendent of public y„peniitencient of 
works shall be three hundred dollars. He shall not be i'"''^''^ "^"^ovk^- 



lU 



1870-71.— Chapter 81, 



Siiperiutcnclcnt of 
Public lustruc- 
tioii. 



Attorne}- (ieueral. 



Adjutant (General. 



Keportei- for 
in-eme Court, 



Su- 



Saliiries payable 
quarterly. 



Solioitoi'5. 



Kei^ealing clause. 



allowed any sum for travelling expenses, or clerical assis- 
tance. 

Sec. 6. The annual salary of the sujjerintendent of public 
instruction shall be fifteen hundred dollars; but he shall not 
be allowed any sum for travelling expenses, nor shall he be 
allowed to appoint any assistant, neither shall any other 
person make any such appointment, the appointee to be 
paid out of the treasury or educational fund. 

Sec. 7. The annual salary of the attorney general shall 
be fifteen hundred dollars, and allowance for attendance on 
the supreme court, and the fees as prescribed by law. 

Sec. 8. The salary ot the adjutant general shall be three 
hundred dollars per annum. He shall not be allowed any 
travelling or other expenses, or any clerical assistance at the 
expense of the state. 

Sec. 9. The reporter of the decisions of the supreme court 
shall receive the same pay and have the same rights as are 
given by section six, chapter one hundred and two of the 
revised code. lie shall receive no other or further remu- 
neration. 

Sec. 10. All annual salaries allowed by this act sliall be 
paid quarterly, out of any money in the treasury not other- 
wise appropriated. 

Sec. 11. The solicitors of the several judicial districts shall 
receive twenty dollars for each term of the superior court 
the}' shall attend, to be paid by the public treasurer upon a 
certificate of such attendance from the clerk of the court, 
and the fees as prescribed in section thirteen, chapter one 
hundred and two of the revised code, and no others. 

Sec. 12. That an act entitled "an act in relation to sala- 
ries and fees," ratified August twenty-second, one thousand 
eight hundred and sixty-eight, except so much of section 
six of said act as fixes the annual salaries of the superior 
court judges, and section seven of the same act in relation 
to the certificates of judges, and all laws and parts ol laws 
in conflict with this act, or giving or allowing any other 
compensation to officers named in this act, be and the same 
are hereby repealed. 



1S70-'71.— Chaptee 81—82. 145 

Sec. 13. That this act be in force from its ratification. When act to take 

enect. 

That all sums received for the month of January shall be Deductions, 
deducted from the salary for the present year. 
Katified the ISth day of February, A. D. 1871. 



CHAPTER LXXXII. 

AN ACT TO PKOVIDE FOR THE PAYMENT OF THE NECESSARY 
EXPENSES, ON REQUISITIONS OF THE GOVERNOR, FOR FUGI- 
TIVES FROil .IU6TICE IN OTHER STATES. 

Section 1. TJie General Assemlly of North Carolina do Expyuscs of re- 

•^ •' eeiviug or arrest- 

enacL That in all cases where the governor of the state has ing fugitives from 

... /. T p justice to l)c paid. 

made a requisition on the governor oi another state lor any 
fugitive from justice and has sent an agent to receive said 
fugitive, it shall be lawful for the governor to issue a warrant 
on the public treasurer for the amount of money necessary 
to pa}' the expenses of said agent and other costs in the 
arresting of said fugitives from justice, to be paid by the 
public treasurer of the state. 

Sec. 2. That the first section of this act shall aj)p]y to all FurtiierappUca- 

i . , . .,. , , , , , , tion of this act. 

cases in whicJi requisitions have been made and agents sent, 

and failed to obtain the fugitive because of the refusal of the 

governor of any state to give up such fugitive from justice. 

Sec. 3. This act shall be in force from and after the date When act to be in 
^ . .f, . force. 

o\ its latmcation. 

Eatified the 18th day of February, A. D. 1871. 



146 18^-'ri.— Chapter 83— S4. 



CHAPTEE LXXXIIL 

AJ^ ACT TO AUTHORIZE THE PUBLIC TREASURER TO PAY MONET 
TO ERECT THE PENITENTIARY. 

Appropriation for SECTION 1. The Genei'ol Assembly of North Carolina do 
Penitentiary. enact, That the public treasurer, on the warrant of the gov- 
ernor, is hereby authorized and directed to pay to the chair- 
man of the commission to erect a penitentiary, a sum out of 
the treasury not exceeding fifteen thousand dollars, to be 
applied to the payment of claims due Coleman Brothere for 
work done under their contract tor stone work done to the 
penitentiary. 
Governor to issue ^Ec. 2. That the governor be and is hereby authorized to 
warrant. ^gg^^g g^^^,|^ Warrant without requiring the said commission to 

give security to their bond for the feithfal appropriation ot ' 
the money as provided in the first section of this act. 

When act to be in Sec. 3. This act shall be in force from and after its ratifi- 
f orce. 

cation. 



Eatified the 21st day of February, A. D. 1S71. 



CIIAETEE LXXXIY. 

AN ACT DECLARATORY OF THE MEANING OF SECTION TIIIRTY- 
FOUR, CHAPTER TV>'0 HUNDRED AND TWENTY FIVE OF THE 
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE 
AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY, AND 
FOR OTHER PURPOSES. 

Meaning of see. SECTION 1. Tke General AssemUy of North Carolina do 

34^^chap. 2^iaws ^^^^^^^^ j^ jg declared to be the true intent and meaning of 

section thirty-four, chapter two hundred and twenty-five, of 

the act of the general assembly of Xorth Carolina, entitled 

" an act to provide for the collection of taxes by the state and 



ISTO-'Tl.—CiiAPTER 84—85. 147 

"by the several counties of the state on property, polls and 
income," ratified March twenty-eight, one thousand eight 
hundred and seventy, that the judgment therein authorized 
should be against the delinquent sherifl: and his sureties to 
his official bond ; and all judgments taken against delinquent 
sheriffs and their sureties by virtue of the provisions of said 
section are declared to be valid. 

Sec. 2. If from any cause judgment shall not be moved for where judgement 
at the first term after the taxes shall be payable into the treas- j^^oy"^^ ^^'^^^ 
ury against the dehnquent sheriff' and his sureties, the motion 
may be made and judgment had at any subsequent term, 
and as if tlie motion had been made at said first term and 
regularly continued ; Provided^ That nothing herein con- 
tained shall be construed to relieve any officers from their 
respective duties as required by the aforesaid thirty-fourth 
section. 

Sec. 3. This act shall be in force from its ratification. When act to be in 

Ratified the 21st day of February, A. D. 1871. *'*'■*'*• 



ded. 



CHAPTEE LXXXY. 

AN ACT TO AMEND AN ACT ENTFILED AN ACT RELATIVE TO 
THE WESTERN TURNPIKE ROAD, LEADING FROM ASIIEVILLE 
WESTWARD. 

Section 1. TJie General Assemhlp of North Corolina do Act of 1869 amen- 
enact^ That section eight of an act entitled an act relative to 
the Western Turnpike road leading from Asheville westward 
to Murphy, and thence by separate routes to tlie Georgia and 
Tennessee lines, passed at the session of one thousand eight 
hundred and sixty-eight and one thousand eight hundred and 
fiixty-nine, and ratified seventeenth March, one thousand 
eight hundred and sixty-nine, be amended by inserting in 
line tliree of said section after the word " Macon," the word 
^^ Haywood," and the section shall be furtlier amended by 
adding at the end of said section the words, " and also to the 



148 1S70-'71.— Chaptek 85—86. 

payment of any claims for work done on said road in the 

county of Haywood before the transfer of the control of said 

road from the state to the commissioners of the several 

counties through which the road passes. 

When act to take Sec. 2. That this act shall take effect and be in force 
effect. 

from and after its ratification. 

Eatificd the 22d day of February, A. D. 1871. 



CHAPTER LXXXVI. 

AN ACT T(^ KESTORE AND REINSTATE REGOKDS OF THE SEV- 
ERAL COURTS IN THE STATE DESTROYED BY FIRE AND OTHER- 
WISE DURING THE LATE WAR. 

Preami)k'. Whereas, in several counties of the state the records of 

the several courts of law and equity were destroyed by the 
burning of the courthouse and by other causes during 
the late war; and whereas, a large number of the titles to 
real estate in the state depended and are founded upon the 
decrees, orders, judgments and other records of the several 
courts of equity and courts of law of the counties wherein 
the same have been destroyed as before mentioned, which 
said records, decrees, orders, judgments, &c., it is impossible 
from lapse of time, the death or removal from the state of 
the parties thereto, and from other causes, to completely and 
perfectly reinstate and restore as now provided by law ; 
therefore, to restore and reinstate said records, 

Section 1. The General Assembly of North Ca/rolina do 
enact, That the recitals, reference to, or mention of any de- 
cree, order, judgment or other record of any court of record 
of any county in which the courthouse, or records of said 
courts, or both, have been destroyed by fire or otherwise, 
Written evidence Contained, recited or set forth in any deed of conveyance, 
May^ist^ im, to paper, writing or other honafide written evidence of title, 
dent tuTe*!*^ ^^^^' executed prior to the first day of May, one thousand eight 



1870-'n.— Chapter 86—87. 14i) 

< 

hundred and sixty-live, by any clerk and master, superior j 

conrt clerk, connty court clerk, slierili or other officer, or \ 

commissioners appointed by either of said courts, and i 

authorized by law to execute said deed or other paper j 

writing, shall be deemed, taken and recognized as true 

in fact, and shall be priina foAyie evidence of the existence, 

validity and binding force of said decree, order, judgment 

or other record so referred to or recited in said deed or j 

paper vrriting, and shall be to all intents and purposes bind- \ 

ing and valid against all persons mentioned or described in 

said instrument of writing, deed, &c., as purporting to be \ 

parties thereto, and against all persons who were parties to i 

said decree, judgment, order or other record so referred to ] 

or recited, and against all persons claiming by, through or ! 

under them or either of them. > 

Sec. 2. That said deed of conveyance, or other paper Deeds of convey- ' 

writing, executed as aforesaid, and registered according to ceh^ed'asln'f- J 

law, shall be allowed to be read in any suit now pending or ^^^^^- ^ 

which may hereafter be instituted in any court of this state, | 

2& jprima facie evidence of the existence and validity of the i 
decree, judgment, order or other record upon which the 

same purports to be founded, without any other or further \ 
restoration or reinstatement of said decree, order, judgment 

or record than is contained in the provisions of this act. ] 

Sec. 3. Tliat this act shall be in force from and after its When aui to be in 
ratification. 

Katified the 22d day of February, A. D. 1871. 



CHAPTER LXXXYII. 

AN ACT TO LEGALIZE TUE ACTS OF THE JCSTICE-J 0¥ TUP: 
PEACE OF BRUNSWICK COUNTY. 

J 

Whereas, the j ustices of the peace of the county of Bruns- preamble. ! 

wick, elected in August, one thousand eight hundred and 
Bixty-nine, and those appointed to fill vacancies that have 



150 ISTO- 71.— Chaptek 87— SS. 

occurred since said election, lailed to qualify in accordance 
with the provisions of section five hundred and forty-six, 
code of civil procedure, but under a misappreliension quali- 
lied before the board of county commissioners, and have, 
since their supposed qualification, exercised the functions of 
their office, and doubts having arisen as to the legality of 
their acts. 
Acts of justices SECTION 1. The General Assemhly of North Carolina 
" ' do enact, That the acts of said justices of tlie peace are 
hereby declared legal, except so far as their acts are con- 
cerned that would not have been in conformity to the law, 
had they qualified in accordance with the provisions of the 
code of civil procedure. 

When act to be in Sec. 2. This act shall be in force from and after its ratifi- 
force .. 

cation. 

Katified the 23d day of February, A. D. 1871. 



CHAPTEE LXXXYIII. 

AN ACT TO AMEND AN ACT ENTITLED AN ACT ACT TO INCOE- 
PORATE the ATLANTIC, TENNESSEE AND OHIO RAILROAD 
COMPANY. 

Amendment to SECTION 1. The General Assemhhj of North Ccrolina do 
ia55. ^ ' enact, That an act entitled an act to incorporate the Atlantic, 

Tennessee and Ohio Railroad company, ratified on the fif- 
teenth day of February, one thousand eight hundred and 
fifty-five, be and the same hereby amended, by striking 
out the word "six" in the sixth line of the forty-first section 
thereof, and inserting in lieu thereof the word " eight," and 
by striking out all after the word "per annum," in the 
seventh line of said section down to the word "and" in the 
eighth line. 

When act to Toe in Sec. 2. This act shall be in force from and after its ratifi- 
force. 

cation. 

Eatified the 23d day of February, A. D. 1871. 



1870-'71.— Chaptek S9. 151 

CIIAPTEIl LXXXIX. 

AN ACT DEFINING THE AUTHORITY OF TAX COI-LECTORS. 

"Whereas, difiiculties have arisen relative to the true Preamble, 
intent and meaning of the act of one thousand eight hun- 
dred and sixty-eight and one thousand eight hundred and 
sixty-nine, chapter two hundred and forty-five, authorizing 
the appointnient in certain cases of tax collectors, for remedy 
whereof, therefore, 

Section 1. The General AssemUy of North Carolina do J^^ctors^ ^""^ 
enact^ That tlie true intent and meaning of tlie act of one 
thousand eiglit hundred and sixty-eight and one thousand 
eight hundred and sixty-nine, chapter two hundred and 
forty live, is this, that any tax collector appointed or elected 
according to the provisions and requirements of said act 
shall have all the rights, powers and privileges, and shall be 
subject to all the pains and penalties and obligations of 
sheriffs with reference to the issuing of licenses, collecting 
and disbursing and accounting tor all the state and count}'- 
taxes for the county in which ho is appointed, and such tax 
collector shall have power and authority to collect all the state 
and county taxes ot every kind and character whatever, due 
or that may become due from the citizens of the county in 
which any such tax collector is appointed, which office shall 
continue until the first day of April immediately succeeding 
the year in which any tax collector was or may be appointed 
or elected. 

Sec. 2. That if any sheriff or other person during the Penalty foj' iuiei- 

•^ _ ^ " rercncc with col- 

period as aforesaid, for which any tax collector has been or lector by shcriti. 

may be hereafter appointed or elected shall collect, demand, 

(or in any maimer interfere in the collection of) tlie taxes of 

any kind whatever, it shall be deemed a misdemeanor, and 

any person so offending shall be liable to indictment therefor, 

and on conviction, shall be fined by the court before whom 

the case is tried, not less than two hundred nor more than 

one thousand dollars, according to tlie circumstances of each 

case. 

8 



152 



1870-'71.— Chaptek 89—90. 



K^cofEor ^^^' ^- ^^^^ ^^y ^^^ collector who shall be interfered 

'"'ho may be inter- -^yith or interrupted by any person in the collection of taxes 
after such tax collector shall have given bond and been 
appointed or elected according to law, may have a remedy 
in addition to any other now provided, by injunction, to 
restrain any sheriff or other person claiming the right to col- 
lect the taxes as aforesaid. 

When act to be in Sec. 4. That this act shall be in force from its ratification. 

^''''"'' Katified the 2tl:th day of February, A. D. 1871. 



CHAPTEE XC 



AN ACT TO PKOHIBIT JUSTICES OF THE PEACE FKOM PKAC- 
TISING AS ATTORNEYS AT LAW IN CEETAIN CASES. 



Justices of tlie 
peace not to prac- 
tice as attorneys 
in certain cases. 



When act to take 
effect. 



Section 1. 2'hs Genei'ol AssemNy of Nwih Carolina do 
enact^ That it shall not be lawful for a justice of the peace 
to practice law as an attorney in any of the judicial courts 
held for the county wherein he holds the office of justice of 
the peace. And any person offending against the provis- 
ions of this act shall, upon conviction, be fined at the discre- 
tion of the court not less than two hundred dollars, and be 
removed by judgment of the court from the office of justice 
of the peace. 

Sec. 2. This act shall take effect from its ratification. 

Eatified the 24th day of February, A. D. 1871. 



1870-'71.— Chapter 91—92. 153 



CHAP TEE XCI. 

AN ACl^ Tt) AUTIIOKIZE ROBEET M. STAFFORD, SHERIFF OF GUIL- 
FORD COUNTY TO COLLECT ARREARS OF TAXES. 

Section 1. The General Assembly of North Ca/rolina do May collect ar- 

rGflrs of t^xcs 

enadj That Robert M. Stafford, sheriff of Guilford county, 
be and he is hereby authorized and empowered to collect 
all arrears of taxes due him for the year one thousand eight 
hundred and sixty-seven, one thousand eight hundred and 
sixty-eight and one thousand eight hundred and sixty-nine, 
under the same rules and restrictions as other collectors of 
taxes by virtue of the laws of the state ; Provided, That no Proviso. 
person shall be compelled to pay such taxes, who makes oath 
that he or she hath paid the same ; Provided further, That 
the repi-esentatives of deceased persons shall not be required 
to pay arrears of taxes. 

Sec. 2. That the power and authority hereby granted 
shall cease and determine with the year one thousand eight 
hundred and seventy one. 

Sec. 3. That this act shall be in force from its ratification. When act to be in 
Puitified the 24th day of February, A. D. 1871. ^^"'®- 



CHAPTEE XCII. 

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF ALA- 
MANCE AND DAVIDSON TO REVISE THE JURY LISTS OF SAED 
COUNTIES. 

"Whereas, the commissioners of Alamance and Davidson Preamble, 
counties were unable at their regular meeting on the first 
Monday of September, one thousand eight hundred and • 
seventy to properly revise the jury lists of said^ counties ; 
therefore, 



154 1870-'71.— Chapter 92—93. 

Commissioners SECTION 1. The General Assemlly of North Carolina do 

may revise jury •^ •^ 

lists. enact, That the board of county commissioners for the county 

of Alamance and county commissioners of Davidson county, 
be and they hereby are autliorized and empowered at their 
first meeting to be held in the month of April, anno domini 
one thousand eight hundred and seventy-one, to revise the 
jury lists of said counties, and said revision so made shall be 
as valid and binding as if it had b'^en made at the first meet- 
ing held in September, one thousand eiglit hundred and 

seventy, 
men act to be in gj,^^ 3^ Tj^j^ ^^^ ^j^^^j ^^ ^^^ ^.^^.^^ ^^^^^ ^^^ ^^^^. -^^ j.^^-^. 

cation. 

Ratified the 24t]i day of February, A. D. 1871. 



CHAPTER XCIII. 

AN ACT IN RELATION TO BONDS TO BE GIVEN BY ADMINI8 
TRATORS EXECUTORS AND COLLECTORS. 

Ameudmeuts to Section 1. The General Assembly of North Carolina do 
of^CiviiPro- enact, That section four hundred and sixty-eight of the code 
cedure. ^^ ^j^j^ procedure, be amended so as to read as follows : 

every executor from whom a bond is now required by law, 
and everj'^ administrator and collector, before letters are 
issued, must give a bond payable to the state, with two or 
more sufficient sureties, to be approved by the probate 
judge, conditioned that such executor, administrator, or 
collector shall taithtully execute the trust reposed in him, 
and obe}' all lawiul orders of the probate judge, or other 
court touching the administration of the estate committed to 
him, tlie penalty of such bond must be at least double the 
value of all the personal property of the deceased^ such value 
to be ascertained by the probate judge, by the examhiation 
on oath of the applicant, or of some other competent person ; 
Proviso. Provided, That if the personal property of any decedent 



1S70-'71.— Chaptek 93—94. 155 

shall be insufficient to pay liis debts, and the charges of ad- 
ministration, and it shall become necessary for his executor 
or administrator to apply for the sale of real estate lor 
assets and the bond previously given is not double the value 
ot both the real and personal estate of the deceased, such 
executor (if bond is required of him by law) or administrator, 
shall, before or at the time of filing his petition for such sale, 
give another bond payable and conditioned as the one above 
prescribed and with like security, in double the value of the 
real estate for the sale of which application shall be made. 

Sec. 2. This act shall take effect from and after its rati- Wb^en act to take 

fication. 

Eatified the 24th day of February, A. D. 1871. 



CHAPTEE XCIY. 

AN ACT TO ESTABLISH A NEW COUNTY BY THE SAME OF 

SWAIN. 

Section 1. The General AsmrMy of Ncxrih Cufrolma do B^^Xtl'ofswaii!!' 
£nact. That all that part of the counties of Jackson and 
Macon, included within the following bounds, to-wit : be- 
ginning on the line of the state of Tennessee, where the 
Tennessee river crosses said line ; thence up said river to 
where the Cherokee county line leaves the same ; thence 
with the line of said county to the point at which the road 
leading from the waters of Nantahala river to the waters of 
Cheowee river across said line ; thence with said road to 
within one-fourth mile of Captain N. S. Jarrett's mill nearest 
hi£ present residence ; thence crossing Nantahala river on a 
straight line to the Shallow ford on Tennessee river; thence 
crossmg the said river last named and running with the 
diA^ding ridge to the Jackson county line on the top of 
Co wee mountain, so as to include the waters of Tabors 
creek and Alarka creek in the new county hereby created ; 



156 ISTO-'Tl.— Chapter 94—95. 

thence with the line of the said county of Jackson to a spur 
of the said Cowee mountain and running thence with said 
spur to the Tuckasegee river so as to inchide the waters ol 
Conley's creek in the county created by this act ; thence 
crossing said river on a direct line, and running thence on 
the same to the Oconeelufty river to a point opposite the 
mouth of Adam's creek ; thence up the last named ri^-er to 
the mouth of Soco creek ; thence with the dividing riclge be- 
tween said Oconeelufty river and Soco creek and following 
said main dividing ridge to the Tennessee line on the top ot 
Smoky mountain ; thence with said Tennessee line to the 
New oounty ere- beginning ; he and the same is hereby created into a separate 
and distinct county, by the name of Swain, with all the 
rights, privileges and immunities incident and belonging to 
the other counties in this state. 

When act to be iu Sec. 2. This act shall be in force from and after its rati- 
foroe. x: .• 

ri cation. 

Ratilied the 24th day of February, A. D. 1871. 



CHAPTER XCY. 

AN ACT TO mCOKPORATE THE EOAKOKE AND TAR RIVER RAIL- 
ROAD COMPANY. 

Location of road. SECTION 1. The General AssemUy of North Carolina do 
en^ct as follows : For the purpose of constructing a ruili-oad 
with one or more tracks, from some point at or near Marga- 
rettsville, in the state of North Carolina, to Kinston or Golds- 
boro', (as the president and directors may determine,) in 
North Carolina, by way ot Tarboro', and to such intermediate 
points, and upon such lines as the directors of said road shall 

Corporators. determine, Matt. W. Eansom, Peter E. Smith, Walter 

Clark, Wm S. Battle, J. B. Coffield, Henry F. Bond, Elias 
Carr, Wm A. Blount, Edward Wood, David A. Barnes, J. 
M. S. Rogers, Edmund Jacobs, Richard H. Smith, W. R. 



1870-71.— CiiAPTEB 95. 157 j 

i 

Leggett, Jesse II. Powell, C. B. Killebrew, W. T. Dortch, j 

J. C. Jones, W. II. Best and George Grice, their associates, i 
successors and assigns, are liereby constituted a body politic 

and corporate, under the name and style of " The Koanoke Capital stcx'k. j 

and Tar River Railroad Company^" with^a capital stock of j 
one million five hundred thousand dollars, with the powers lowers, 

and incidents of the Xorth Carolina Railroad Company and ; 

other corporations of like nature, created by the laws ol this \ 
state, such corporate existence to continue for ninety-nine 

years. | 

Sec. 2. The capital stock of said companj may be created Sui)scription to | 

by subscription on the part of individuals, municipal or other j 

corporations, in shares of one hundred dollars each, which share*. ^ 

may be made in land, timber, labor or money, as may be i 

stipulated and agreed to by the corpoi-ators aforesaid or the i 

directors of the company. \ 

Sec. 3. Books of subscription may be opened by such cor- Books of sub- j 
porators, or by the directors, at such times and places, and ^''"^^ ^""' j 
under such rules and regulations as a majority may deter- 
mine, j 

Seo. -1. When fifty thousand dollars shall be subscribed Geuemi meetiuj? ; 
1 . 1 1 f. • 1 T 1 1-1 of stockholders. 
to tile capital stock oi said company, by solvent subscribers, 

a general meeting of the stockholders shall be held, after ten 

days notice by advertisement in the Iioauol'e ^eivs and 

Tarhoro' Southerner^ and such meeting, a majority in inter- \ 

est of the stockholders being present in person or by ])roxy, j 

shall elect a bo^rd of directors of not less than five, and said ] 

directors shall elect one of their number president. And Election of Ui- j 

, , , Till • / rectors nnd Presi- 

said meeting may do all other acts necessary to carry into dent. 1 

efi'ect iho object of tliis charter, and tlie complete organiza- ^ | 

tion of the company. I 

Sec. 5. Whenever anv lands shall be required for the con- Lands may i)c ; 

, ' . . taken hy Ihe.eom- j 

struction ot the road, or lor warehouses, water-stations, turn- puny. | 

outs, worksliops or for other buildings or purpose, and lor any \ 
cause the same cannot be purchased from the owner, the 

same may be taken by the directors at a valuation to be ■ 

ascertained as follows : The sheriff of the county in which < 

said land may lie, shall, at the request of the president of \ 



158 



'1870-'71.— Chapter 95. 



Manner of valua- 
tion. 



Proviso. 



Directors may 
borrow money. 



Exclusive rights. 



May liold stoclv in 
other companies. 



May cross traclvs 
of otlier railroads. 



Guage of road. 



When act to be 
in force. 



said company, summon five disinterested free-liolders of the 
county, who shall ascertain the value, under oath, to be ad- 
ministered by the sherifi' or any justice of tlie peace, first 
deducting the enhanced value of the land caused by the 
railroad, and adding any particular loss or damage, and upon 
the payment or tender of the amount so assessed, the title of 
the property so seized and appraised shall vest in the cor- 
poration, as long as it shall be used for the objects of this 
charter ; Provided, That either party may appeal to the 
superior court of the count}'' upon the question of the 
amount so assessed ; And furtlier, That the condemnation 
for right of way shall not extend beyond one hundred feet 
on each side from the centre of the road, and for other pur- 
poses not more than three acres in one tract. 

Sec. 6. The directors shall have power to borrow money 
upon the bonds of the company, and to secure the same by 
mortgage or other legal assurance on such terms as they may 
deem best. 

Sec. 7. Said company shall have the exclusive right to 
convey and transport freight and passengers over and along 
[said] railroad at such rates as the directors shall prescribe, 
and the company may purchase and hold stock in other rail- 
road or in navigation companies, and shall have power to 
buy or lease the same, or to contract for the transportation 
of passengers or freight over their line. 

Sec. 8. The railroad company shall have power to cross 
the tracks of other railroads, to build branches to the main 
stem in any direction not exceeding twenty-five miles long. 
The guage of said road shall be as the stockholders may de- 
termine, not exceeding four feet eight and one-half "inches. 

Sec. 9. This act shall be in force from its ratification, and 
the privilege of forming a company under the same shall 
continue for forty years. 

Katified the 25th day of February, A. D. 1871. 



1870-71.— Chapter 96—97. 159 



CHAPTER XCYL 

AN ACT TO KEPEAL SECTION m'E, OF CIIAI'TER EIGHTY-SIX; 
OF THE LAWS OF ONE THOUSAND EIGHT HUNDEED AND 
FIFTY-SIX ANT) ONE THOUSAND EIGHT HUNDRED AND FIFTY- 
SEVEN. 

Section 1. TJie Oeneral Asseiribly of North Carolina do Repeal. 
-enact, Tliat section five of cliapter eighty-six of tlie public 
laws of Xorth Carolina, passed in the year one thousand 
eight hundred and fifty-six and the 3'ear one thousand eight 
hundred and fifty-seven, entitled an act to incorporate the 
trustees ot Columbus Normal School, in the county ol Polk, 
be and the same is hereby repealed. 

Sec 2. That the county commissioners of Polk county Commissioners of 

, n 1 ,. n 1 n 1 % ^^"^ couutv may 

shall have lall power to sell and convey all town lots and eeii couuty pro- 
other real property that is now the property of Polk county, 
and to appropriate the moneys, derived by said sales, to the 
payment of the lawful indebtedness of said county. 

Sec. 3. That this act shall be in force from and after its Wbeu act to i.e in 
ratificalion. 



Ratified the 25th day of February, A. D. 1871. 



CHAPTER XC VII. 

AN ACT TO ESTABLISH THE WHITESn)E MOUNTAIN TURNPIKE 
IN ALACON AND .JACKSON. 

Section 1. TJte General AssemMy of North Carolina do corporators. 
enact, That Joseph W. Dobson, "\V. II. Iligdon, and James 
Wnght, all of Macon county, and their associates, shall have 
the right to make, build and estaljlish a turnpike road from 
some point the Macon Turnpike road near Dobson's Mill, Location of rond. 
by or near the house of James Wright, then crossing Cowee 



160 1870-'71.— Chapter 97. 

monntaiu near its junction with the Bkie E-idge, thence 
to the Keowee and Tockaseegee Turnpike road, where it 
crosses the ridge aforesaid. They shall also have the right 
to construct an arm or branch to said road beginning at 
some point on the line of the same, and extending to the 
foot of Whiteside mountain. 
Grade ami widt.ii Qec, 2. That Said road shall no where have a steeper grade 

of road. • i i i . i o 

that one foot in twelve, shall be of the width of ten feet, and 
points on said road always in siglit of each other, shall be of 
sufficient length and width to allow vehicles and wagons to 
pass each other. 
Comuiissiouer.s to Skc. 3. When said road shall be reported to the commis- 

appointpi.-r,sousto . " -^ -» r , ^ • ^ -i 1 /• • 1 1 1 

examine road sionors 01 Macon coimty as being built and unislied accord- 
lui (.( mp L .i. . .^^ ^^ section two of this act, they shall appoint three dis- 
creet persons to examine said road, and if they shall find 
the same built and finished as aforesaid, they shall certify 
the same in writing to the said parties hereinbefore named, 
(;atcs Mild tolls, who shall then have the right to erect gates and receive tolls 
as hereinafter provided for. 

Sec. J-. The parties aforenamed are hereby authorized at 
any time after receiving the ccrtiiicate aforesaid, to erect two 
Proviso. gates on said road at such points as they may elect; Pravl- 

ded, That no person shall be retpiired to pay toll at both 
gates within the compass ot t^vcnty-fuur hours, or within the 
same time at tlie same gate. 
Right of way. Seo. 5. The right of way over private lands must be ob- 

tained of individuids by contract, bnt the right of way over 
^ now gnuited Lmds is hereby given to the parties named in 

section one of tliis act- 
Rates of toil. Sec. 0. The tolls on said i"oad shall be as Ibliow.^: on two 
wheeled pleasure carriages, tv.'enty-tive cents ; ow four- 
wheeled pleasure carriages, one horse, forty cents; on two 
horse pleasure carriages, sixtj^ cents ; for each additional horse, 
fifteen cents ; for one horse wagon or cart, twenty cents ; for 
two horstj wagon, thirty cents ; for three horse wagon, forty 
cents ; for four horse wagon, sixty cents ; for five horse wagon, 
seventy cents ; for six horse wagon one dollar ; for man and 



1870-'71.— Chapter 97—98. 161 

liorse, Hl'teeu cents ; for each loose mule or horse, live cents ; 
for cattle, three cents each. 

Sec. 7. The said J. W. Dobson, W. H. lliordoii, James toils may be 

' p \ cliangcxl. 

Wriglit, and their associates, may change the aforesaid rates 

of toll from time to time, but shall never increase them. 

Sec. S. This act shall be in force from and after its rati- Wheu act to be ii> 
,, . force. 

hcation. 

Ratified the 25tli day of Kel)ruar3% A. D. 1871. 



CHAPTER XCVIII. 

AN ACT TO AUTIIORIZK THE COMMISSIONERS OF YANCEY COUNTY 
TO LEVY A SPECIAL TAX. 

Section 1. Tlie Gcnerdl Assembly of North Carolina do oiijwt of special 

enact^ That the county commissioners of Yancey county be 

and they are hereby authorized to lev}' a special tax for the 

purpose of ]>aying the outstanding debts against the said 

county of Yau'-ey : Proi'/ild^ That said commissioners shall I'l-ovieo. 

not levy for tlie ]M]r[)oses afor;:;s:iid a greater sum in any one 

year than tliirLX-tliree and one-third cents on each hundred 

dollars Morth. of ])ronerrv. \\>jv more tlian one dollar on 

the poll ; PravhUif f>irtli<'i\ That the proposition to levy 

said tax shall lirst be submitted by said commissioners to the 

(|ualihcd voters of s:iid coiutyatan election to be held under 

the order, direction and rcguhition of the said county. 

Sec. 2. Be it f<i,tlin' enacted. That in lieu of the levy of commissiouer.s 
.,,..,. . , . uiiiy Issue bonds,, 

a special tax as provided for in the hrst section ot this act, 

the said commi.-sioner.-: avv- lioreby a.uthorized to issue county 

bonds in a sum )U)t less than one hundred dollars each, to 

an amount not exceeding five thousand ch^llars, payable ten 

years after date, bearing the rate of six per cent, interest, to 

be paid semi-annually at sucli place as the chairman of the 

board of commissioners may designate, said bonds to be 

signed bj- the chairman of the board of commissioners, and 



162 1870-'T1.— Chapter 98—99. 

countersigned bj the register of deeds for the county, with 
his seal of office. 

foree! ^""^ ^"^ ''*' '" ^^^' ^- ^^'^^ ^ct ^^^^^^ ^^e in foi-ce from and after its rati- 
fication. 

Katified the 25th day of February, A. D. ISTl. 



CHAPTER XCIX. 

AN ACT CONCERNING DEBTS CONTRACTED BY MINICIPAL COR- 
PORATIONS. 

Mow debts Of mu- SECTION 1. The General Asseinbly of NoHh Carolina (lo 

lions shall be paid, enact. That debts contracted by a nninicipal corporation in 

pursuance of authority vested in it, shall not be levied out 

of any property belonging to such corporation and used by 

it in the discharge and execution of its corporate duties and 

trusts, nor out of the property or estate of any individual 

who may be a member of such corporation or may have 

property within the limits thcreol. But all sucli debts shall 

be paid alone by taxation upon subjects properly taxable by 

such corporation ; Provided^ ko'ioeoer, That whenever any 

individual by his contract shall become bound for such debt, 

or any person may become liable therefor by reason of fraud, 

such person may be subjected to pay said debts according to 

the course of the law in other cases. 

When act to take Seo. 2. That this act shall take eflect from and after its 
effect. J,,. 

ratiti cation. 

Ratified the 25th day of February, A. D. 1871. 



1S70- 71.— Chapter 100. 1^^ 



C II AFTER C. 

AX ACT Sl-l'l'I.EMi:XTAL TO AN ACT IX RELATION TO THE 
FOWLIN(i^ INTERESTS IN THE WATERS OF CURRITUCK SOUND, 
RATIFIED ON THE TWKX'I Y-THIKD OF DECEMBER, ANNO DOMINT 
ONE THOUSAND EIGHT HUNDRED AND SEVENTY. 

SEcnoN 1. The General A.^.^emUy of North Carolina ih ^^^^f^^^^ 
enact. That the tei-iiis of an act ratified on the twenty-third deuts. 
day of December, aiuio (Knnini one thousand eight hundred 
and seventy, in relation to the fowling interests in the waters 
of Currituck, shall not apj.ly to such non-residents who resort 
to the waters of Currituck sound for the sole purpose of 
shooting game as sportsmen, and who shoot over or on land 
or marshes owned or leased by them, and who do not kill 
game for a foreign nnrket. 

Sec 2 That the third scclion of the act ratified on the Act uf 1870 uoUo 
twenty-third of December, one thousand eight nunarea and or lessees of 
seventy, in relation to wild tbwl in the waters of Currituck "^'^'^ ^^" 
sliall not be construed to limit, abridge, or impair the rights 
or privileges of any lj»>na lide owner or lessee of marshes or 
lands in the county of Currituck, or of such persons as shall 
obtain the consent or pernn'ssion of such owners or lessees 
to occupy their p:roiinds fc.r gaming purposes whether actual 
residents of tlie state or otherwise. 

Sec. 3. This act shall be in force from and after its rati- JJ,]^^" "^'^ tub^it. 
fication. 

Ratified the •i.'ith day of February, A. D. 1S71. 



164 1870-'n.— Chai'tek 101—102. 



CHAP TEE CI. ; 

j 

AN ACT TO PEOYIDE FOK THE LEVYING OF A SPECIAL TAX IN i 

THE COUNTY OF EEKTIE. j 

Limit Of special Sectton 1. The General Asseiuhly of North Carolina do I 

enact, That the commissioners ot the county of Bertie are ( 

hereby authorized to levy a special tax to be collected under | 

the same rules, regulations and penalties as are other taxes, i 

not to exceed six thousand dollars, for the special purpose of j 

paying the outstanding debt of said county. j 

Tax upon polls. ggc. 2. That this act authorizes and requires the said com- , 

missioners to levy a special tax upon all polls in said county, | 

in ratio as provided in the constitution. j 

Act to be submit- Sec. 3. That the provisions of this act shall be submitted 

to the qualified voters of Bertie county, at the next election i 

held in that county, and this act shall have no force or effect ' 

till ratified by a majority of the qualified voters voting | 

thereon. Those approving of this act shall deposit a ballot ' 

in the ballot box containing the words " To levy tax." j 

Those opposing, a ballot containing the words " J^ot to levy , 

tax." ; 

When act to be in Sec. 4. This act shall be in iorce from and after its rati- I 

*"^^' fication by a majority of the qualified voters of Bertie ' 
county. 

Katified the 25th day of February, A. D. 1871. ; 



CHAPTER CI I. 

AN ACT IN RELATION TO TAKING FISH FKOM THE NOKTH-EAST 
BRANCH OF CAPE FEAR AND FOR OTHER PURPOSES. 

Restrictions upon SECTION 1. The General AssemiUy of No^^ih Carolina do 

fishing with seins. ^^^^^ That from and after the first day of February, in the 

year of our Lord one thousand eight hundred and seventy- 



1879-'71.— Chapter 102—103 165 ' 

■I 

one, during the month of February, March and April, there j 

shall be no seine, drift net, set net or pod net or any other < 

net or snare set cr placed in the waters of the north-east j 

branch of the Cape Fear river, from its mouth to where | 

Goshen empties into said river, for the purpose of taking ; 

shad or other fish from said river on the following days, to- I 

wit: from "Wednesday morning sunrise until Thursday 

morning sunrise in each week ; and it shall not be lawful I 

for an}' person from the first day of February to the first . 

day of May, and from the first day of September until the \ 

first day of December to obstruct by setting seines or nets j 

across the channel of the river or by running more than one * 

seine or net at one landing or beach, or in any other way ' 

obstructing the passage of fish in the waters of said river. I 

Sec. 2. Any one violatins^ the provisions of this act shalr Penalty for viuia- 
, ., , . T "" -, . . -i -,1 1 ,. -, t'on of tliis act. i 

be guilty of misdemeanor, and on conviction shall be tined > 

not more than one hundred dollars, or imprisoned not more i 

than sixty days at the discretion of the court. \ 

Sec. 3. That an act entitled an act in relation to taking Repeal, 
fish from the north-east branch of the Cape Fear river, rati- ■ 
fied the sixteenth day of Februaiy, one thousand eight hun- 
dred and seventy, be and the same is hereby repealed, and ' 

this act shall be in force from and after its ratification. When act to be ia 

torce. . 

Ratified the 27th day of February, A. D. 1871. ; 



CHAPTER cm. 

AN ACT TO PUNLSH OFFICERS AND AGENTS OF RAILROAD COM- 
PANIES AND OTHER PERSONS FjR EMBEZZLEMENT AND OTHER 
OFFENCES. 

Section 1. The General Assembly of North Carolina do 
enact, Tliat if the president or treasurer or any director, or 
any engineer, or any other officer or agent of any railroad 
company inoorporated by law or laws of this state, and a 



166 



1870-71.— Chapter 103. 



Any agent or offi- 
cer of a railroad 
compRny who 
shall embezzle 
corporate funds 
guilty of a felony. 



Penalty. 



Person conspiring 
■with oft'ending 
agent or officer 
guilty of a felony. 



Penalty. 



When act to be in 
force. 



law or laws of any other state or states, already in existeTice^ 
or which shall hereafter come into existence by virtue of any 
such law or laws already passed, or which may hereafter be 
passed, shall embezzle any money with which such presi- 
dent, treasurer, director, engineer, officer or agent, shall be 
charged by virtue of his said office or agency, or shall in any 
way directly or indirectly apply or in any way dispose of to 
his own use or benetit, or for the use or benefit of himself^ 
or any (jther person, state or coriDoration, other than the 
company of which he is or may be such president, director, 
engineer or agent, any money, bonds of any kind, or other 
thing or things, such president, treasurer, director, engineer, 
or agent so offending shall, for every such offence, be deemed 
guilt}'^ of a felony, and on conviction in any superior court 
of any county through which the railroad or any part thereof 
of any such railroad company shall pass, shall be impritsoned 
at hard labor in the penitentiary, not less than three nor 
more than ten years, and fined not less than one thousand 
nor more than ten thousand dollars. 

Sec. 2. That if any person or persons shall agree, combine, 
collude, or conspire with the president, treasurer, director, 
engineer or agent, or any one or more of them of any such 
railroad company, to commit any offence specified in the 
first section of this act, every person so offending shall be 
deemed guilty of felony, and on conviction in any superior 
court of a county through which the railroad or any part 
thereof of any railroad company against which such ofience 
may be perpetrated passes, shall be imprisoned at hard labor 
in the penitentiary for not less than three nor more than ten 
years, and fined not less than one thousand nor more than 
ten thousand dollars. 

Sec. 3. This act shall be in force from and after its rati 
fication. 

Katified tlie 27th day of February, A. D. 1871. 



1S70-' 71. —Chapter 104—105. 167 



CHAPTER CIV. 

AN ACT TO KEIM;AL AX ACT AUTIIOKIZINO TllK COMMISSIONERS 
OF JONES COUNTY TO LEVY A SPECIAL TAX, AND ALSO AN 
ACT TO ALLOW THE COUNTY COMMISSIONERS OF .lONES COUNTY 
TO LEVY A SPECIAL TAX. 

Section 1. The General Assei)tbly of North Carolina do Rcpe;ii. 
enact, That an act authorizing the connnissioners of Jones 
county to levy a special tax, passed by the general assembly 
of Xorth Carolina, and ratified the ninth day of April, anno 
domini one thousand eight hundred and sixty-nine, and also 
an act to allow the county commissioners of Jones to levy a 
special tax, passed by the general assembly ot Xorth Caro- 
lina, and ratified the first day of March, anno domini, one 
thousand eight hundred and seventy, be and the same are 
hereby repealed, and every part or parts thereof. 

Sec. 2. That this act shall be in force trom and after its WI10.1 ua to be in 

force. 

ratification. 

Ratified the ith day of March A. D. 1871. 



CHAPTER CV. 

AN ACT IN RELATION TO COPYING THE LAWS FOR THE PUBLIC 

PRINTER. 

Section 1. The General AssetiM.ijt-.of North Carolina do sccretmy of state 
enact, That it shall be the duty ot the secretary of state to faw "I'li'pl.Mi^ "* 
employ his clerk continuously and from day to day in copy- P'"i*c'- 
ing tlie several acts which have been ratified during the pre- 
sent session of the general assembly, or may be ratified from 
day to day and sent to his office, until the whole arc copied 
and ready to be delivered to the public ])rintcr. 
9 



168 



1870-'71.— CiiAPTEK 105—106. 



When act to be in 
force. 



Sec. 2. It shall be the duty of the secretary of state, ever 
after complying with the above section, 'immediately upon 
the receipt of any ratified act or resolution, which it is his 
duty to have printed and bound for distribution, to copy or 
cause to be copied forthwith, to the end that the copy may 
be held in readiness for the public printer. n 

Sec. 8. The secretary of state shall not be allowed to em- 
ploy any one at the expense of the state to do any of the 
aforesaid copying. 

Sec. 4. This act shall be in force from and after its ratifi- 
cation. 

Katified the 4th day of March, A. D. 1S71. 



CHAPTEE CVI 



AN ACT TO REPEAL CERTAIN PARTS OF CHAPTER ONE HUN- 
DRED AND SEVENTY, ACTS OF ONE THOUSAND EIGHT HUN- 
DRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED 
AND SIXTY-NINE. 



Repeal. 



Proviso. 



Further repeal. 



When act to be in 
force. 



Section 1. The Genefi'al Assembly of North Carolina do 
enact, That so much of section two, chapter one hundred 
and seventy, laws of one thousand eight hundred and sixty- 
eight and one thousand eight hundred and sixty-nine, as 
follows the word "administration" in line ten, be and the 
same is hereby repealed ; Provld-ed, That the said board 
shall be allowed their travelling expenses for attending one 
annual meeting. 

Sec. 2. That so itiuch of section eight ot said chapter as 
follows the word "pertinent" in the sixth line, be and the 
same is hereby repealed. 

Sec. 3. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 28th day of February, A. D. 1871. 



1870-71.— Chaptek 107— lOS. 169 



CHAPTER CVIL ] 

AN ACT TO EXTEND THE TIME OF J. M. ROANE, SHERIFF OF 
MACON COUNTY FOR MAKING SETTXEMENT WITH THE COUNTY 
TREASURER. 

Section 1. The General AssemUy of North Carolina do Extension of time ] 

mact, That J. M. Roane, sheriff ot Macon county, shall ' i 

have until the first day of April next to make settlement | 

with the treasurer of that county for taxes due for the year j 

one thousand eight hundred and seventy. ) 

Sec. 2. That said sheriff is hereby relieved of any penal- Reiki from pen- 

ties or forfeitures he may have incurred by failure to settle < 

according to law. | 

Sec. 3. That this act shall be in force from and after its When act to bS in 

force. ' 

ratification. I 



Ratified the 2ud day of March, A. D. 1871. 



■} 



CHAPTER CYIIL 

AN ACT TO CURE CERTAIN IRREGULAR PROCEEDINGS IN THE 
JURISDICTION OF THE CXDURTS IN SPECIAL PROCEEDINGS. 

Whereas, In consequence of the great uncertainty as to Preamble, 
the proper jurisdiction of superior courts before judges, and 
superior courts before the probate judges and clerks of the 
superior courts, many proceedings have been in good faith 
erroneously instituted in one of said courts, when they should 
have been instituted in another of said courts, and in virtue 
ot such proceedings in tliose cases in which judgments and 
decrees have been made, valuable rights have been acquired 
by purchasers or others, and in those cases in which judg- 
ments and decrees have not been made, much costs have 
already accrued ; now for the purpose of remedying the evils 
and wrongs resulting from such mistake of j urisdiction, 



170 



Certain irregular 
proceedings in 
Superior Courts 
made legal. 



Cases begun in 
such courts to be 
carried to final 
judgments. 



When act to take 
eflfet't. 



1870-'71.— Chapter 108—109. 

Section 1. The General Assewhhj of North Carolm a do 
mact^ That all proceedings heretofore had in the superior 
courts of this state in any action, j^etition special proceedino- 
in dower for partition of real estate, widows year's allowance 
by administrators to sell i-eal estate to pay debts, which may 
have been improperly or irregularly instituted and begun in 
said courts, be and are hereby in all tilings continned and 
made valid, so far as regards the question of jurisdiction in 
such cases, to the same extent as if such proceedings had 
been originally begun in the proper court. 

Sec. 2. That all such cases heretofore begun and instituted, 
and not yet determined, may be prosecuted to liaal judg- 
ment or decree in such courts and before the judges thereof, 
and jurisdiction is hereby conferred upon said courts or the 
judges thereof, to hear, try and determine such causes as 
fully as if they had been originally instituted in said courts 
according to the act of the general assembly in such cases 
made and provided. 

Sec. 3. This act shall take effect fro in its ratification. 

Eatified the 2nd day of March, A. D. 1871. 



CHAPTER CIX. 



AN ACT IN REGAKD TO RODERICK m'mILLAN, SHERIFF OF 
ROBESON COUNTY. 



Preamble. 



Judgment re- 
mitted. 



Whereas, Roderick McMillan, sheriff of the county of 
Robes(ni, has l)een amerced and judgment granted against 
him from fall term of Wake superior court for penalty and 
costs as a delinquent for the non-payment of taxes; and 
whereas, the said McMillan is not in fault for the non-pay- 
ment above mentioned. 

Section 1. The General Assenihlt/ of North Carolina do 
enact, That the judgment and penalty incurred by said 
McMillan, sheriff of Robeson, are hereby remitted, except 



1870-'71.— Chapter 100—110. 171 

the costs ot said suit ; Provided^ lie pay or cause to be paid Proviso. 
into the public treasury tlie state taxes tor the year one 
thousand eight hundred and seventy, on or before January 
titteenth. one thousand eight hundred and seventy-one. 

Stc. ± This act shall be in force from and after its rati- ^^^^ *^^ *« '^^ ''^ 
iication. 

Ratified the 2nd day of March, A. D. 1871. 



U- 



CHAPTER ex. 

AX ACT TO E>rCOUKA(;E nfMIGRATION INTO NORTH CAROLINA 
AND TO INCREASE THE CAPITAL OF THE STATE. 

Whereas, The North Carolina Land Company was preftmbie. 
chartered by a special act of the general assembly on the 

eighth day of February, anno domini one thousand eight i 

hundred and sixty-nine, for the purpose of developing the 1 

resources of the state ; and whereas, said compan}' have i 

materially aided in securing considerable immigration to \ 

this state, and in the investment of a large amount of capital ; j 

and whereas, the people of North Carolina are deeply in- i 

terested in having these objects more fully attained, and are J 

desirous of manifesting to all people, "whether native or i 

foreign, a willingness to offer them a secure and safe asylum 1 

within its borders, and this general assembly desiring to \ 

aid these objects without increasing the burthens of the ' 

state ; i 

Section 1. The General Asseiribly of North Carolina do Presiaeni of ! 

J mi /-I x- ,1 • 1 * ,. 1 -K-r t r-^ T North Curoliini , 

enact^ J/hat (reorge Little, president of the IS ortli Carolina Land Company 
Land Company, be and he is hereby appointed commissioner pioncrof immi- 
of immigration for North Carolina, (without any salary) to '-'™^'""- 

carry out the provision of the act of incorporation aforesaid ; ^ 

and the said commissioner shall have power, with the advice \ 

of the governor to appoint one or more persons to act as i 

assistant commissioner (without salary) resident in Great j 

Brittain, France and Germany. j 



172 1870-'71.— Chaptee IK '—111. 

Secretary of state Sec. 2. That the secretary of state be required to supply 

to supply printed -^ ^ i r j 

odpies of act. such number of printed copies of this act as may be necessary 

to furnish our consular agents in Europe, and the agents of 

the company. 

Capital stock of Sec. 3. That the capital stock of said company (should 
». C. Land Com- , . . r .; v 

pany. the stockholders deem it advisable) may be increased to a sum 



not exceeding one million of dollars. 
Sec. 4. That this act shall be in 
,tification. 
Katified the 2d day of March, A. D. 1871. 



men act to be in Sec. 4. That this act shall be in force from and after its 
feree. 

ratiiication. 



CHAPTEE CXI. 

AN ACrr TO REPEAL CERTAIN SECTIONS AND PARTS OF SECTIONS 
AND TO AMEND OTHERS IN CHAPTER TWO HUNDRED AND 
SEVENTY, LAWS OF ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
NINE. 

jhnendments^nd SECTION 1. The Genei'al Assemhly of North Carolina do 
**'^**'*^' enact^ That sub-division sev^en, section twenty seven ; snl) di- 

visions two, section twenty-nine ; section seventy-five ; sub- 
divisions four, five and eight, of section eighty-two ; sec- 
tions eighty-three and eighty-four, section one hundred 
and five, and all after the word " time " in line one, section 
twenty-three, all after the word " excepted " in line four, 
section forty-four, all after the word "officer" in line four, 
sub-division six, section eighty-two, all after the word " legis- 
lature" in line three, section eighty-eight, all after the word 
" therewith " in line six, section ninety-three, all alter the 
words " his oflSce " in line three, section ninety-tour, all aiter 
the words " orphan asylum" in line four, section ninety-five 
and all after the word "government" in line two, section 
one hundred and seven, of chapter two hundred and seventy, 
laws of one thousand eight hundred and sixty-eight and one 



18T0-'71.— CiiArxER 111—112. ITS 

thousand eight hundred and sixty -nine, ratified April twelfth, 

one thousand eight hundred and sixty-nine, he and the same 

are hereby repealed. 

Sec. 2. Tliat sub-division three, section lorty-seven of the ^^^^^^ ameud- 

atoresaid chapter, shall be amended so as to read as follows : 

To the governor for the use of the executive office, to the Distribution of 

, , /. 1 111 ^^^^ ^^^^ Docu- 

lieutenant governor, to each member of the general assembly mcnts. 

one copy each of the statutes, journals and documents ; and 
to the librarian of the state library, for the use of the library, 
ten copies of the statutes, journals and documents ; to 
the justices of the supreme court, the judges of superior 
courts, the treasurer, the secretary of state, the auditor, tlie 
attoraey general, the superintendent of public instruction, 
the superintendent of public works, and to each clerk of the 
superior court, for the use of their offices, one copy each of 
the statutes and documents ; to the principal and assistant 
clerk of each house, one copy each of the statutes and jour- 
nals, and to the enrolling and engrossing clerks, each one 
copy of the statutes. 

Sec. 3. That sections seventy, eighty-one and eighty-five, 
(whicli should be eighty-six,) of the aforesaid chapter shall 
each read as follows: He shall be allowed such office room 
as may be necessary. 

Sec. 4. This act sliall be in force from and after its ratifi- When act to be in 

force, 
cation. 

Ratified the 2d day of March, A. I). 1871. 



CHAPTER CXI I 



AN ACT COXCEKNIN(; ELECTIONS IN THIS STATE. 

Section 1. 27i€ General Assemlly of North Carolina do Qualification of 

Voters. 
e^iact, That in all general and special elections held after the 

ratification of this act in this state, or in any county in this 

state, no voter shall be allowed to vote at any precinct in his 



174 1ST0-'71. -Chapter 112—113. 

county except at a precinct of tlie township in which he 
resides. 

?ot«"'' '^"""'"'" ^^^' ^- "^^^^^ ^^'^ ^'^^^ ^^^^^ ^"3" person offei-ing to vote at 
any such election is a registered voter in his county or in 
tlie township in which he resides, shall be on\y prima yacie 
evidence of his right to vote, and it shall be lawful for any 
other qualified elector, not only at the time of registration, 
but also OIL the day of election, to challenge the right of any 
registered voter to vote, and it shall l)e the duty of the 
judges of the election, before whom such challenge is made, 
to hear and determine such challenged voter's right to vote, 
before receiving his ballot. 

Kepeal. Sec. 3. That all laws and clauses of laws coming in con- 

flict with this act are hereby repealed. 

wiien act to be in Sec. 4. That this act shall be in force from and after its 
force. ,.fj ,. 

ratification. 

Eatified the 3d day of March, A. D. 1871. 



CHAPTEECXIII. 

AN ACT TO AMEND SECTION T .VENTY-ONE OP^ AN ORDINANCE OF 
THE CONVENTION OF ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-FIVE AND ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
SIX, ENTITLED " AN ORDINANCE RESPECTING THE JURISDIC- 
TION OF THE COURTS OF THIS STATE," RATIFIED JUNE TWENTY- 
THIRD, ONE THOUSAND EIGHT HUNDRED AND SIXTY-SIX, 
AMENDED AND RE-RATIFIED BY THE CONVENTION OF ONE 
THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT, MARCH FOUR- 
TEENTH, ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT. 

Amendment. SECTION 1. The General Assembly of North Carolina do 

enact, That the twenty-first section of an ordinance of the 
convention of one thousand eight hundred and sixty-five, 
and one thousand eight hundred and sixty-six, entitled an 
ordinance respecting the jurisdiction of the courts of this 



1870-71.— Chapter 113. 175 

rotate, ratified June twenty-tliird, one thousand eight hun- 
dred and sixty-six, amended and re-ratified bj^ the conven- 
tion ot one thousand eight hundred and sixty-eight, Mardi 
fourteenth, one thousand eight hundred and sixtj^-eight, be 
amended as follows, viz : insert the words " or receiver " 
between the words " indorsee " and " or " in the third line 
from the beginning of said section, and also insert the words 
'*'• and whether or not the same was in the possession of the 
■defendant at the time of suit brought," between " not" and 
'' any " in the eight line from the bottom of said section, and 
strike out all in said section after and including the word 
''provded"in lines four and five from the bottom of said 
-section, as printed in the code of civil procedure ; so that 
said twenty-first section of said ordinance as amended shall 
read as follows, viz : That in all actions brought by any 
bank or other corporation having exercised banking privi- 
leges, or by any assignee or endorsee or receiver or ofiicer 
of said county or corporation, it shall and may be lawful for 
the defendant to set ofiT by plea or on trial any note or 
certificate of deposit issued by said bank or its branches or 
other corporation, whether the same has been presented for 
payment or not, and whether or not the same was in the 
possesion of the defendant at the time of suit brought, any 
law or usage to the contrary notwithstanding ; but said plea 
of set ofit' or set otf on trial shall not avail to carrj- costs 
.against the plaintifi' unless there has been a tender of such 
payment before suit brought. 

Sec. 2. That this act shall be in force from and after its When m-\ to i e in 
ratification. 

Ratified the 4th day of March, A. D. 1871. 



• i 



176 1870-'71.— CiiAPTKR 114.- 



CHAPTEE CXiy. 

AN ACT AUTHORIZING THE COMJVII8SIONERS OF CHATHAM COUNTV 
TO ISSUE BONDS. 

Amount of bonds SECTION 1. The General AssemUii of Novth Carolina do 
to be issued. _ _ _ ^ •' 

enact, Tlie commissioners of Chatham county are herel)y 

autliorized to issue coupon bonds, not exceeding in amount 

twelx'e thousand dollars, in denominations of not less tbau 

tM'entj dollars and not more than five hundred dollars. 

No new debt to be Sec. 2. That the said bonds shall not be issued to contract 

created. . ,,..-,.. 

any new debts against the county, but to fund such liabilities 
of the county as are outstanding at the time of the ratifica- 
tion of this act. 
Bonds to bear in- Sec. 3. These bonds shall bear interest at the rate of six 

terest,aud reeeiv- 

abie for taxes. per cent, per year, payable annually, and that the coupons 
calling for such interest, shall be received by the sheriff in 
payment of county taxes. 

How bonds to be Sec. 4. The principal of bonds so issued shall be payable 
as follows : The first one-fourth of the principal of said bonds 
at the expiration of one year from the first day of September, 
one thousand eight hundred and seventy-one, and each suc- 
ceeding like amount shall be paj-able in like manner at in- 
tervals of one year from the time of payment of the issue 
immediately preceding it. 

Speeiai tax to pay Sec. 5. That fur the pavmeut of the i)rincipal and interest 

principal and in- „ . , , , ^, ■"•'.. xw i u 

terest. of said bonds tlie commissioners of Cyiiatliam county are 

authorized to levy the necessary taxes as occasion may re- 
quire from time to time, but they are forbidden to levy or 
collect any other tax excej t for iheacci'uing current expenses- 
of the county. 

Whe.njaet to be in Sec. 0. This act shall be in force from and after its ratiti- 
force. 

cation. 

Ratified the 7th day of March, A. D. 1871. 



1870-'71.— Chapter 115. 17T 



CHAPTEKCXV. 

AN ACT TO INCORPORATE THE YANCEY VILLE, IIANVILLE AND 
COALFIELD RAILROAD. 

Section 1. The General Assembly of North Carolina do Corporate name. 
enact, Tha a company by the name and style of the Yancey 
ville, Danville and Coalfield Railroad, be and the same is here- 
by incorporated, with a capital stock oi five hundj'cd thousand Capital stock. 
dollars, to be divided into shares of one hundred dollars each. Shares. 
for the purpose of constructing a railroad from some point 
on the A^irginia and North Carolina line near Danville, to Location of road. 
Yanceyville, thence to intersect with the North Carolina 
Railroad, between Ilillsboro and Company Shops, and con- 
nect with the Coalfields in the county of Chatham, the 
termini to be fixed by the j^i'esident and directors of the said 
company, and when formed in compliance with the condi- 
tions hei'einafter prescribed, to have a corporate existence as Corporate tei-m. 
a body politic for the tei'm of ninety-nine years. 

Sec. 2. Tluit for tlie pni-p<.se ..f creating the capital stock Sd™''ibSV-''' 
ot said company, the foliov/iMg persons be and the}" are ^*^"®- 
hcrebv app(/intu(l general commissioners: Hon. John Kerr, 
Hon. Samuel P. Hill, Brice ILirrelson, William B. Bowe, 
Col. E. i*. Wiilici's, Doc. A. (4iim, C. D. Vernon, James 
M. KcmI, Liviiigtton Brctwn an'l X. M. Roane, at Yancey- 
ville, and at such otlicr ]>l:ices and under the direction of 
such otbci' jierpons us a majority of tjie commissioners above 
named may deem ]iroper, f r the ])urpoee of receiving sub- 
scriptions to the stock ol said comp;my, books of subscri])tion 
to be opened by the commissioners above named and all per- 
sons who may be hereatter authorized as aforesaid, at such 
time and place as may bo designated, at any time after the 
ratification ol this act, first fjiving twenty da3's notice thereof. 

And the said books when opened shall be kci^t open for the i^ooks of sub- 

' ' ' scnption. 

space of sixty days at least, and as long thereafter as the 

commissioners above named shall deem proper, and the said 

first named commissioners shall have power to call on and 



178 1870-71.— CiiAFiEK 115. ' 

require all persons empowered to receive subscriptions of 
stock, at any time and from time to time as a majority of them 
may think proper, and to make return of subscriptions of stock 
by them respective]}' received. 

JoTiSlon.*"* "" ^^c- ^- That whenever the sum of twenty-iive thousand 
dollars shall have been subscril)ed in manner and form 
aforesaid, the subscribers, their executors, administrators 
and assignees, shall be and they ai'e hereby declared 
incorporated into a company by the name and style of the 
Yanceyville, Danville and Coalfield Railroad Company, 

Powei-sand privi- and by that name shall be capable in law and equity, of 

If^es of corpora- *' _ _ _ ' _ i j ■> 

tion. purchasing, holding, selling, leasing and conveying estates 

real, personal and mixed and ac(|uiring the same by gift or 
demise, so far as may be necessary for the purposes embraced 
within the object and intent of their charter ; and shall have 
succession and by their corporate name ma}' sue and be sued 
plead and be impleaded in any court of law and equity in 
this state, and may have and use a common seal, and shall 
have and enjoy all other rights and imnmnities which other 
corporate bodies may and of right do enjoy, and exercise 
and make all by-laws, rules and regulations as are necessary 
for the government of the corporation or effecting the object 
tor M'hich it was created, not inconsistent with the constitu- 
tion and laws of the state. 
Ser^ ^^ '^^''^- Sec. 4. That it shall be the duty of tlie commissioners 
named in this act, for receiving subscriptions or a majority 
of them, as soon as the sum of twenty-live thousand dollars 
shall have been subscribed in manner as aforesaid, and live 
per cent, paid to the commissioners aforesaid, to give public 
notice thereof, and at the same time to call a general meet- 
ing of the stockholders, giving at least twenty days' notice 
of the tmie and place of meeting, a njajority of the stock- 
Election of Presi- holders being represented, in person or by prox}', shall pro- 
ajid Directors. ceed to elect a president, treasurer and seven directors out 
of the number of stockholders, and enact such by-laws as 
they may deem necessary for their government, and the said 
president and directors shall have power to perform all the 
duties necessary in the government of the corporation and 



1870-^71.— Chapter 115. 17» 

the transaction of the business of the eompaiiy, and at that 

meeting the stoekhohlers shall i\x on the da}' and phice when 

tlie annnal election shall he held for president, treasurer and J!|!j,tio,V""'""^ 

directors, who shall 1 old their office tor one year only ; but 

if the day of annnal election of officers should under any cir- 

ennistances pass witln^nt an election, the corporation shall 

not thereby be dissolved, but the officers formerly elected 

shall continue in office until a new election take place. 

Sec. 5. That the board of directors may fill any A^acancies Vacuucics. 
win'ch may occur in it during the period for which the}' have 
been elected, and in the absence of the president, may ap- 
point one pro tempore to fill his place. 

Sec. 6. That the boai-d of directors may call for the sums P:\vraeiit of sui>- 

... , . . , • . 1 • . 11 X scriptions resiii- 

snbscribed as stock in said company m sucli installments as latcd ityaini-tois. 
the interests of the company may, in their opinion, require ; 
due notice of such call •-liall be given at least one month be- 
fore the day of payment ; and on failure of any stockholder 
to pay each installment, as thus required, the directors may 
sell at ])ublic auction, on a ]U'c\ious notice of ten days, for 
cash, all the stock subscribed for in said company by such 
stockholders, and Cduvey the same to the purchaser at said 
sale ; an<l if the sale ol stock do not produce a sum sufficient 
to pav off the incidnital expenses rf the sale and the entire 
amount owing by such srockholders in the company, then 
and in that case, the whole of such balance shall be lield as 
due at once to the company, and may be recovered of such 
stockholder or his executor, administrator or assigns at the 
suit of said c<jm})any, or by action of assumpsit in any court 
of competent iurisdiction, or by warrant l)efore a justice of 
the peace, where the sum is within the jurisdiction of a 
justice of the ])eace; and all cases of assignment of stock 
before the whole amount has been paid to the company, then 
for all sutns due on said stock, both the original subscriber 
and the first and all subsecpient assigns shall be liable to the 
company, and the samt may 'v)Q, recovered as before described. 

Sec. 7. That the said company shall issue certificates ot Ccrtifit-ntts^of 
stock to its members, and Kaid stock may be" transferred in 



180 



1870-'71.— Chafter 115. 



Contracts. 



Increase of capi 
tal stock. 



Lands, &c., may 
be taken j 



such manner and form as may be directed by the by-laws of 
the company. 

Sec, 8. That all contracts or agreements authenticated by 
the president and secretary of the board, shall be binding on 
the company, with or without a seal ; such mode of authen- 
tication shall be used by the company as may be prescribed 
by their by-laws. 

Sec. 9. That for the purpose of constructing said road, the 
company are hereby autliorized and empowered by a vote of 
the stockholders in general meetings assembled, to increase 
their capital stock to an amount, sufficient in their opinion, 
to effect the object and to raise money by loan or otherwise, 
sufficient to complete and equip said road upon such secu- 
rities and in such manner as the stockholders may direct. 

Sec. 10. That when any lands or right of way be required 
by the said company for the purpose of constructing their 
roads, buildings, warehouses, water-stations, workshops, de- 
positories, and for want of agreement as to the value thereof, 
or from any other cause, the same cannot be purchased from 
the owner or owners, the same may be taken at a valuation 
to be made by five good and lawful freeholders, to be sum- 
Manner of valua- moned by the sheriff of the county in which the land re- 
quired by the company may lie ; and in making the said val- 
uation the said jury shall take into consideration the loss or 
damages which may accrue to the owner or owners in con- 
sequence of the land or right of way being surrendered, and 
the benefits or advantage he, she, or they may receive from 
the construction of the said road, and shall state particularly 
the value and amount of each ; and the excess of loss or dam 
ages, if any, over and above the advantage and benefit, shall 
form- the measure of valuation of said land or right of way ; 
Provided, nevertheless, that it any person or persons, over 
whose land said road may pass, or the company may be dis- 
satisfied with the valuation thus made, then and in that case 
either party may appeal to the next court having jurisdiction 
thereof to be held thereafter ; and the sherifi" shall return to 
the said court the verdict of the jury with all the proceed- 
ings thereon, and the lands or right of way so valued by the 



18T0-'T1.— Chapter 115. " 181 

jury, shall vest in the said company so long as the same 

shall be needed for tlie purposes of said railroad, so soon 

as the valuation may be paid or tendered to the owner or 

owners of said land : Provided, further, that the right ot ^'"o^'^o- 

said company shall not authorize the condemnation of any 

lands which may invade the dwelling house, yard, garden or 

graveyard of any individual without his consent. 

Sec. 11. That the right of said company to condemn land 

in the manner described in the above section shall extend to 

the condemnation only of one hundred feet on each side of 

the main track of the road from the centre of the same, and 

for the purjDOse of ascertaining the best route for the said 

' road and to locate the same, it shall be lawful for the said 

^company, by its engineers and agents, to enter upon, examine 

and survey any lands that they may wish to examine for 

such purpose free from any liability. 

Sec. 12. That the said company shall have the exclusive Exclusive right of 
. , ,. . ... , convevance. 

right 01 conveyance or transportation ot persons, goods, 

merchandise, coal, produce tfec, over said road at just 

charges as may be fixed on by a majority of the directors; Division of profits 

and that the profits of the said company or so much thereof, 

as the board of directors may deem advisable, shall, when 

the finances of the company will permit, be annually or 

semi-annually divided among the stockholders in proportion 

to the stock each may own. 

Sec. 13. That notice of process upon the president or any Notice or service 
of the directors thereof shall be deemed and taken to be due 
and lawful notice of service of process upon the company. 

Sec. 14. That it may be lawful for the said Yanceyville, Company may 
Danville and Coalfield railroad company to make and issue 
bonds to an amount not to exceed two hundred and fifty 
thousand dollars, to be signed by the presdent of said com- 
pany under the common seal of the same, in such sums as 
may be designated by the president and board of directors 
bearing interest to be paid semi-annually and redeemable at 
such time as may be fixed upon by the j)resident and l)oard 
of directors, that to secure the faithful payment of the said 
bonds it may be lawful for the president and directors of the 



182 



18 TO-' 71.— Chapter 115. 



Company may 
purchase and hold 
properties. 



Persons intruding 
upon road to be 
deemed guilty of 
a misdemeanor. 



Penalty for de- 
s roying or in„u ■ 
mx property. 



Employees of 
road exempt from 
certain civil obli- 
gations. 



Construction to 
commence at 
Danville. 



said company to make, execute and deliver to such persons 
as the said company may select and appoint, a deed of trust 
or mortgage under the common seal oi said company when- 
ever shall he conveyed to the persons they may appoint 
trusts. The road, property, income and franchises of said 
company, acquired or tol)e acquired conditional for the pay- 
ment of the interest and linal redemption of said bonds. 

Sec. 15. That the said company may purchase, have and 
hold in fee simple or for a term of years any lands, tene- 
ments or hereditaments, which may be necessary for the said 
road or the appurtenances thereof or ibr the erection of 
depositories, store houses, houses for the officers, servants or 
agents ot the company, or for M^orkshops or foundaries, to be 
used for said company, or for procuring stone or other 
materials necessary to the construction of the road or for 
effecting transportation thereon. 

Sec. 16. That if any person or persons shall intrude upon 
said railroad by any manner of use thereof, or of the rights- 
and privileges connected therewith without permission, or 
contrary to the will of the said company, he, she or they 
may be indicted for misdemeanor, and upon conviction, shall 
be fined and imprisoned by any court of competent jurisdic- 
tion, and that if any person shall wilfidly and maliciously 
destroy, damage or obstruct the said road or any of its 
appurtenances or cause the same to be done, the person 
or persons so offending, shall be indicted therefor, and 
on conviction, shall be fined and imprisoned at the discre- 
tion of any court having jurisdiction thereof, and shall pay 
all expenses for repairing the same. 

Sec. 17. That all the officers of the company and servants 
and persons in the actual employment of the company, be 
and they are hereby exempt from performing ordinary 
militia duty, working on public roads and serving as jurors. 

Sec. 18. That with a view of forming a railroad connec- 
tion w^ith Danville as early as practicable, the construction 
of the said road shall be commenced on that end of road 
next to Danville. 



1870- 71.— CiiArTEK 115—116. 183 

Sec. 19. Tlie said railroad coiiipanv may receive subscrip- Company may re- 

'^ • -^ '■^ ceive subscrip- 

tions in real estate or stocks at siieli valuation as the presi- tions of real i-s- 

, ,. tate, «S:c. 

dent and dn-ectors may accept. 

Sec. 20. That the salary of the president shall be lixed hy ^'^^^ry of Frc-si- 

/ ■' dcut. 

the stockholders in general meeting. 

Sec. 21. That it shall be lawful tor any corporation in Subscriptious of 

. . 1 .1 1 '• 1 ■ 1 stock l)y corpora- 

their corporate capacity to subscribe stock ni the said com- tions. 
pany. 

Sec. 22. That this act shall be in force from and alter its When act to be in 
ratification and shall be regarded as a public act. 

Eatified the 7th day ol March, A. D. 1871. 



CHAPTER CXA^I 



AN ACT TO AMEND SECTION ONE, CHAPTER ONE HUNDKED AND 
TWENTY-TWO, LAWS OF ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND SEV- 
ENTY, RELATIVE TO ENTRIES OF LAND IN .JACKSON COUNTY. 

Section 1. The General AsseiMy of North Carolina Entries of laud in 
do enact, That section one, an act entitled an act to extend 
the time for perfecting entries in the county of Jackson, rati- 
fied March twenty -fifth, anno domini one thousand eight 
liimdred and seventy-one, shall read as follows : That every 
entry of land made in the county of Jackson, be and the 
same is hereby rendered valid in all respectc and the time for 
perfecting entries made prior to the twenty-fifth day of ' 

March, one thousand eight hundred and seventy, and obtain- 
ing grants for the same, shall be extended until the first day 
of Januar}', one thousand eight hundred and seventy-three ; 
Provided, That nothing contained in this section be so con- 
strued as to afiect the titles of persons who have heretofore 
obtained grants to said lands or the rights of junior entries. 

Sec. 2. This act shall be in force from and after its ratifi- when ad to be in 
cation. ^*^'^'^- 

Eatified the 9th day of Maich, A. D. 1871. 
10 



184 



1870-'71.— Chapter 117. 



CHAPTER CXVII. 

AN ACT TO INCOKPOKATE THE PETEKSBURO AND GREENSBOKo' 
RAILROAD COMPANY. 



Location of road. 



Corporate name. 



Riffhts and privi- 
leges. 



Capital stock. 

Shares) 

Corporators. 



Commissieners to 
receive subscip- 
tions. 



Section 1. The General Assembly of North Carolina do 
enact : That for the purpose of constructing a railroad com- 
munication between the town of Greensboro', in the state 
of Nortli Carolina, and the city of Petersburg, in the state 
of Virginia, a company is hereby incorporated by the name 
and style of the Petersburg and Greensboro' Railroad Com- 
pany, which shall have a corporate existence as a body politic 
for the space of ninety-nine years, and by that name may 
sue and be sued, plead and be impleaded, in any court of the 
state of North Carolina, and may have and use a common 
seal, and shall be capable of purchasing, holding, leasing 
and conveying estates, real, personal and mixed, and of ac- 
quiring the same by gift or devise,so far as may be necessary 
for the objects herein contemplated ; and said company may 
enjoy all the rights which other corporate bodies may law- 
fully exercise, and may make all necessary regulations for 
its government not jinconsistent with the constitution or 
laws of the state. 

Sec. 2. That the capitol stock of said company may be 
created by subscription on the part of individuals, counties, 
towns and incorporated companies, in shares of one hundred 
dollars each, not to exceed in the aggregate five million 
dollars. 

Sec. 3. That L. Brown, J. W. Williamson, N. M. Roane, 
E. B. "Withers, William Long and William Pay lor, junior, 
of the county of Caswell, and Henry T. Jordan, C. S. Win- 
stead, S. C. Barnett, Alexander Walker, Chesley Hamlin 
and G. D. Satterfield, of the county of Person, are appointed 
commissioners to receive subscriptions to the capital stock of 
the company, any three of whom may have power to act, 
and for the purpose of receiving subscriptions to the capital 
stock of the said company, books may be opened at stated 



1870-'71.— Chapter 117. ' 185 ' 

I 

times and places under tlie directions of said commissioners Subscription 

^ books. I 

or any three of them, or such other persons as may be se- 
lected for that purpose by the said commissioners, and said i 
commissioners, or any three ot them, may at any time after ,; 
said books have been kept open for the space of at least j 

twenty days, have power to call to<rether the subscribers to Meeting of sub- ! 
1 . i 1 . . T PI c scnbers. 

the capital stock ot said company, lor the pui-pose or com- 
pleting the organization thereof ; and after its organization 
the said company may from time to time receive further sub- ' 

scriptions to its capital stock as it may deem proper. ] 

Sec. 4. That said company may hold annual meetings of Annual mooting, 
its stockholders, and oftener if deemed necessary, and at its ; 

said annual meetino-s seven directors shall be elected to hold Directors and 
» _ ^ term of office. 

office for the term of one year or until their successors are 
appointed, and any of said meetings shall have power to 
make or alter the by-laws of said company ; Provided, That By-Laws. , 

in all such meetings of the stockholders, a majority of all the 
stock subscribed shall be represented in person or by proxy, I 

which proxies shall be verified in the manner prescribed by 
the by-laws of the company ; and each share thus repre- 
sented shall be entitled to one vote on all questions. 

Sec. 5. That it shall be the duties of the directors of the President. ; 

company to select one of their number as president of said j 

company, and to fill all vacancies which may occur in their ; 

board ; to have constructed as speedily as practicable a rail- j 

way from Greensboro' through the counties of Guilford, Location of roacL j 
Caswell and Person, in the state of North Carolina, to the 
Virginia state line, thence to Petersburg, in the state of Vir- 
ginia, and to manage all the affairs ot said company, both j 
before and after the completion of said road. 1 

Sec. 6. That said company shall have the same power to Power to enforca 
call for and enforce the payment of stock subscribed as was tion. 
heretofore granted to the North Carolina Pailroad Company | 

by their charter of incorporation, and shall have power to ! 

condemn land for the use of the company when a contract Condemn land. j 
for purchase cannot be made with the owner thereof, to the > 

same extent and in the same manner and under the same i 

rules, regulations and restrictions as the said North CaroHna \ 



186 



1870-71.— Chapter 117. 



Certificates of 
Btock. 



May borrow 
money and issue 
bonds. 



Exclusive rights 
of transportation. 



Municipal sut)- 
scriptions. 



Subscriptions in 
land, money, 
bonds or stock. 



Repealing clause. 
When act to be in 
force. 



Railroad was authorized to do by their act of incorporation. 

Sec. 7. That the president of said company, under in- 
structions of the board of directors, shall issue certificates of 
stock to the stockholders, which may be transferable in the 
manner prescribed by the by-laws of the company. 

Sec. 8. The said company shall hav-e power to borrow 
money for the completion of said road and issue their bonds 
for the payment of the same, beai-ing such rate of interest as 
may be agreed upon hj the board of directors, and may 
secure the payment of said bonds by securing personal 
endorsers or executing mortgages on their road or other pro- 
perty. 

Sec. 9. That said company may have the exclusive right of 
transporting persons and freight upon said road at such rates 
of charges as the board of directors may fix. 

Sec. 10. That all the counties and towns subscribing stock 
to said company shall do so in the same manner and under 
the same rules, regulations and restrictions as are set foi'th 
and prescribed in the act incorpoi-ating the North Carolina 
Railroad Company. 

Sec. 11. That the said commissioners above named, or 
any three of them, shall have power to receive subscriptions 
to the stock of said company in lands, money, bonds or stock, 
and in case lands be offered and received in payment of stock 
in said company, the commissioners ma}^ provide the mode 
in which the value of the same may be ascertained and con- 
veyances therefor executed, and they sliall also have power 
to receive mortgages of real and personal estate subscribed 
to the capital stock. 

Sec. 12. All laws in conflict with this act are hereby 
repealed, and this act shall l)e in force from its ratification. 

Ratified the 9th day of March, A. D. 1871. 



187 



CHAPTER CXYIII. 

AN ACT TO AMEXD SECTION EIGHTEEN, CHAPTER TWO HUNDRED 
AND TWENTY-NINE, LAWS OF ONE THOUSAND EIGHT HUNDRED 
AND SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND 
SEVENTY, ENTITLED AN ACT TO RAISE REVENUE. 

Section 1. The Geiieral Asseinhly of North Carolina do Amendment. 
enact, That section eighteen (18) of chapter two Inmdred 
and twenty-nine (229) entitled "an act to raise revenue," be 
amended by adding thereto the following : Provided, hov> 
ever, That the tax herein imposed shall not apply to tobacco 
warehonseraen who may sell tobacco at auction in their 
warehouses, but such warehousemen shall, instead thereof, 
pay a specific license tax of thirty dollars per annum. 

Sec. 2. That all acts and ])arts of acts in conflict with this Repealing clause. 

act are repealed, and this act shall be in force from and "^^^^^n act to be in 

, . .r, . force, 

alter its ratmcation. 

Ratified the 9th day of March, A. D. 1871. 



CHAPTER CXIX. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF GUILFORD COUNTY 
TO ISSUE BONDS. 

Seciton 1. The General Assemhly of North Carolina do Commissionprs 
enact, That in order to liquidate the just debts ot the county "^'"^ '''"' ''^"^'• 
Guilford, the commissioners of said county are hereby 
authorized to issue coupon bonds, not exceeding in amount 
the sum of thirty tliousand dollars in denominations of not 
more than one thousand dollars, nor less than twenty dollars ; 
Prodded, hoimcer, That the said county commissioners 
shall fund no claims against the county about which doubts 
may be entertained relative to tlieir validity on account of 
their connection with the rebellion. 



188 



1870-'71.— Chapter 119. 



Bonds to run for 
ten years. 



How bonds to be 
issued. 



Bonds may be re- 
deemed at any 
time. 



Additional bond 
of County Treas- 
urer. 



Special tax. 



Whien act to be in 
force. 



Sec. 2. That said bonds shall run for ten (10) years with 
interest at the rate of six per centum per annum, payable 
semi-annually ; and the coupons on said bonds shall be re- 
ceivable in payment of the county taxes for any fiscal year 
in which they may fall due. 

Sec. 3. That said bonds and the coupons thereof shall be 
signed by the chairman of the board of commissioners, and 
countersigned by the clerk of the board, which latter officer 
shall keep a book suitable for the purpose, in which he shall 
keep an accurate account of the number of the bonds issued, 
their amounts and to whom issued, the amount of bonds and 
coupons received and cancelled, so that upon an inspection 
of his said book, the true state of the county debt may be 
seen, for which services he may receive a reasonable com- 
pensation, to be fixed by the board. 

Sec. 4. That said county commissioners shall have the 
privilege to redeem said bonds at any time after the expira- 
tion of one year, and it shall be the duty of the county 
treasurer, each year to purchase one-tenth of said bonds 
then outstanding, or by order of said county commissioners, 
set apart as a sinking fund, one-tenth of the amount sufficient 
to redeem said bonds M'lien they shall fall due. 

Sec. 5. That it shall be lawful for said county com- 
missioners, if in their discretion the official bond of the 
county treasurer shall be insufficient to protect the county in 
the discharge of his duties hereby enjoined, to require him 
to give further and sufficient security. 

Sec. 6. That said commissioners of Guilford county are 
hereby authorized to levy a tax of one-tenth of one per cent. 
on the real and personal property of said county and thirty 
cents on each poll, for the special pui-pose of redeeming said 
bonds. 

Sec. 7. That this act shall be in force from and after its. 
ratification. 

Ratified the 10th day of March, A. D, 1871. 



18 70-' 71 .—Chapter 120—121. 189 



CHAPTER C XX. 

AN ACT TO REPEAL CHAPTER FORTY-SIX, LAWS OF ONE THOUSAND ' ' 

EIGHT HUNDRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT 

HUNDRED AND SIXTY-NINE, .VND CHAPTER ONE HUNDRED ' 

AND THIRTY-ONE, LAWS OF ONE THOUSAND EIGHT HUNDRED j 
AND SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND 

SEVENTY, AND TO RE ENACT CHAPTER NtNTE OF REVISED i 

CODE, ENTITLED ATTORNEY'S AT LAW. 1 

Section 1. The General AssemUy of North Carolina do Repeal. ] 

enact, That chapter fortj-six of the laws of one thousand j 

eight hundred and sixtj-eight and one thousand eight hun- ] 

dred and sixty-nine, and chapter one hundred and thirty- i 

one of the laws of one thousand eight hundred and sixty- j 

nine and one thousand eight hundred and seventy, are ' 

repealed. ; 

Sec. 2. That chapter nine (0) ot the revised code, entitled Re-euactment of • 
"attorneys at law," is hereby re-enacted in all respects ex- Cod^*. ' ^^^^^'^ 
cepting wherein the same may be inapplicable to the present 

judicial system. | 

Sec. 3. This act shall be in force trom its ratification. When act to be in '. 

Eatified the 11 th day of March, A. D. IS 71. ''^''^' \ 



CHAPTER CXXT. 

AN ACT TO A5IEND SECTION FORTY-SKVEX, CHAPTICR NINETY- 
THREE, LAWS OF ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-NINE. 

Section 1. The General Assembly of North Carolina do Amendment. 
enact, That section forty-seven of chapter ninety-three of the 
laws of one thousand eight hundred and sixty-eight and one 



190 



1S70-'71.— Chapter 12a— 122. 



Wheu act to take 
effect. 



thousand eight hundred and sixty-nine, be amended l)y 
striking out in lines live, six and seven, of said section, the 
words " or upon reference as is provided in chapter five, 
title ten, of the code of procedure " so that said section shall 
hereafter read as if said words had never been inserted 
therein. 

Sec. 2. This act shall take effect from its ratification. 

Ratified the 11th day of March, A. D. 1871. 



CHAPTER CXXII, 



AN ACT PEOVIDING FOK THE SUPPORT OF THE INSANE ASYLUM 
FOE THE NEXT FISCAL YEAK. 



Appropriation. 



Proviso. 



Wlien act to be in 
force. 



Section 1. The General Asserribly of North Carolina do 
enact^ That the sum of forty thousand dollars be and the 
same is hereby appropriated out of any money in the public 
treasury, to the insane asylum for the support of the same until 
the close of the fiscal year one thousand eight hundred and sev- 
enty-one, and the board of supervisors of the said insane 
asylum are hereby authorized and empowered to draw upon 
bi-monthly estimates of the superintendent of said asylum, 
for an amount not exceeding one-fourth part of said forty 
thousand dollars ; Provided^ Jiowever, That if the number 
of the patients treated in said asylum shall exceed in number 
the annual average of one hundred and sixty, then and in 
that case the governor, ex afficio chairman, by and with the 
advice and consent of said board, may, and is hereb}'' author- 
ized to draw from the state treasury, a sum equal to three 
hundred dollars for each and every patient treated in said 
asylum above the annual average of one hundred and sixty, 
for the aforementioned period. 

Sec. 2. That this act shall be in force from and after its 
ratification. 

Ratified the 11th day of March, A. D. 1S71. 



1879-' 71. —Chapter 121—124. 191 



CHAPTER CXXIII. 

AN ACT TO AUTHORIZE TAX COLLECTORS TO COLLECT TAXEi5 
WHICH SHALL BE DUE AND UNPAID. 

Whereas, 1h many coHnties the respective slieriffs failed l''"<^ii"ii*i<^- 
to produce receipts of the state and county treasurer, that 
they had settled in full for the taxes of the previous year to 
the clerk ol the board of commissioners, or failed to give 
sufhcient bond as required b}' law ; and whereas, the said 
commissioners in cases in which such sheriffs failed to pro- 
duce such receipts or give such bonds, appointed tax collec- 
tors to faithfully collect and pay over the taxes according to 
law ; therefore, 

Section 1. The General Asseinhh/ of North Carolina do I'owers of sheriffs 

^"^ "^ . conferred on tax 

enact, That all tax collectors appointed by authority of law collectors. 
are hereby authorized, whenever taxes shall be due and un- 
paid, to proceed to collect them in the manner prescribed 
lor the collection of taxes by the sheriffs in chapter two hun- 
dred and twenty -five, laws of one thousand eight hundred 
and sixty-nine and one thousand eight hundred and seventy, 
entitled an act to provide tor the collection of taxes by the 
state and by the several counties of the state on proi^erty, 
polls and income. 

Sec 4, That this act shall be in force from its ratilication. When a-t to be in 

Ratified the 11th day of March, A. D. 1871. 



CHAPTER CXXIY. 

an act in relation to convicts. 

Section 1. 21ie General Assemhly of Narth Carolina do (jcrtain convicts 
enact, That all convicts who are sentenced to imprisonment [,'j*toV(MTt'(-nrnirv. 
for the term of two years or any longer term, shall l)e re- 



192 



1870-' 71. —Chapter 124. 



state not liable 
for expense until 
convicts are in 
Penitentiary. 



County Oonimis- 
sioners nuiy em- 
ploy convicts. 



Powers conferred 
on County Com- 
missioners. 



Powers conferred 
on officers in 
charge of con- 
victs. 



ceived into tbe Penitentiary, and tlie commissioners of siicb 
penitentiary shall have no power to make any order in con- 
travention of this provision, or exercise any discretion in the 
matter. 

Sec. 2. That convicts sentenced to imprisonment for the 
term of one year or any longer term less than two years, 
shall be received as soon as practicable into the penitentiary, 
and the commissioners are allowed to exercise their discre- 
tion as to the reception of such convicts tmtil tnrther action 
by the legislature. 

Sec. 3. That the state shall not be held liable for the 
expense of maintaining convicts imtil they shall have been 
received at the penitentiary, nor shall any moneys be paid 
out of the ti'easury for support of convicts prior to such re- 
ception. 

Sec. 4. That the county commissioners of any county may 
provide for the employment of all convicts who have hereto- 
fore been sentenced to the penitentiary for a term less 
than two years, now remaining in county jails, work -houses 
and pi'isons, or that may hereafter be sentenced to imprison- 
ment with hard labor for any term less than two years, as 
prescribed in chapter thirty -five of public laws of one thou- 
sand eight huiulred and sixty-six, ratified the second day of 
March, one thousand eight hundred and sixty-six, and all 
powers given tothe justices of the court of pleas and quarter 
sessions in said chapter are hereby conferred upon the board 
of county commissioners of the several counties of the state,, 
and in addition to the mode of employment prescribed in 
said chapter, such convicts may be employed in working- 
upon the public roads or in any other useful labor the com- 
missioners may order, and such guards may be employed as- 
may be necessary to secure such convicts while at labor, and 
to take them forth and return them to the jail or warkhouse^ 
when not employed in labor ; and all powers given to the 
managers of the workhouse in said chapter, are hereby con- 
ferred upon any officer appointed to take charge of such con- 
victs, or upon the sheriff of the respective counties. 



1870-'71.— CiiAPTEK 124—125—126. 19? 

Sec. 5. The commissioners sliall have the same power of commfssione" "^ 
providing for the expense of working public roads by con- 
victs as are given to the justices ot the county court for 
erecting workhouses and emplo^'inent of convicts. 

Sec. 0. All laws and clauses of laws coming in conflict Repealinsr clause, 
with this act be and the same are hereby repealed. 

Sec. 7. This act shall l)c in force from and after its rati- Wheu act, to be in 

forcej 

ncation. 

Ratified the loth day of March, A. D. 1871. 



CILAPTER CXXV. 

AN ACT TO CHANGE THE LINE BETWEEN THE COUNTIES OF 
WILKES AND ALLEGHANY. 

Section 1. Tim General Assemlly of North Carolina do Oouuty lines. 

ena^i, That all that poition of Wilkes county comprised 

within the following boundaiy, viz: beginning in the county 

line at the Airbellows i-iiiuiiiig a straight line to Ellis Knole ; 

thence a str;iight liiie to tlie county line at Abram Brown's 

place in P'nnicis l*ry;in's field, be and the same is hereby 

annexed to, and shull ibnii a part of Alleghany county. 

Sec. 2. That this act shall be in force from its ratification. When act to be iit 

force 
Ratified the Kith day of March, A. D. 1871. 



CHA PTEK CXXYI. 

AN ACT TO I'KKVKXT THE FELLING OF TREES INTO LITTLE 

KIVER. 



Section 1 . The General As^iemhly of North Carolina do Pc^son^^ not to 

*^ *^ fell trees or Dluct^ 

ena<:t, That it shall not be lawtul for any person to fell trees any other oi)8truc- 

^ .1 1 i .• • . T 'z^xi • 1 1. Ti- tions in Little or 

or place any otiier obstruction into Little nver between Iv. Nc„se rivers. 



194 



1870-'71.— Chapter 120— 12T. 



When-act to be in 
force. 



B. AYhitlej's mills, in Johnson county, and tlie outlet of said 
river into !Neiise river, and any person felling timber into, 
or otherwise obstructing said river, shall be deemed guilty 
of a misdemeanor and punished as in otlier misdemeanors, 
and shall further be liable to the parties injured for all the 
damages arising cut of a violation ol this act ; Provided^ 
That the construction of dams tor mills or otlier machinery 
shall not be deemed an obstruction within the meaning of 
this act. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation, 

Eatified the 16th day of March, A. D. 1S71. 



CIIArTER CXXVII. 

AJSr ACT TO INCOEPOEATE THE HIAWASSEE AND CIIEOAH TURN- 
PIKE COMPANY. 



Corporators. SECTION 1. The General Assenibly of Wovth Carolina do 

enact, That the following named persons, viz : Mercer Fain, 
Harman Living-good^ J. T. Lenoir, James C. Axley, D. C 
Ghomley, N. F. Cooper and E. B. Olmsted, their associates, 
successors and assigns, are hereby constituted a body politic 
and corporate^ under the name and title of the Iliawassee and 

Corporate name. Cheoah Turnpike company, with power to make by-laws for 
its government, provide for election of directors and all other 
officers, and with all other privileges and incidents belonging 
to corporations under chapter ninety-six of the revised code, 
or any other general law of the state which ma}' at any time 
be passed. 

Sec. 2. Said corjjoration shall have power to make and 
keep in repair a turnpike road running from the Lliawassee 
Turnpike road at or near the mouth of coal pit branch in 
Cherokee county, so as to intersect the Cheoah Turnpike 
road at or near the mouth of Snowbird or Buffalo creek, at 



Powers and privi 
leges. 



Ijocation of road. 



1S70- 71.— CiiAi'TER 127. 195 

tlie nearest and most praeticaltle route. Tlie dimeDsions 
and mode of construction of said road to be determined by 
tlie directors of tlie company. Fn no place shall said road 
be stccpc!- than one foot in twelve, and shall be sixteen feet 
wide on level land, and fourteen feet wide in side digging, 
excepting in solid rock, where it shall be tM'elve teet wide. 
Tlie county coniinissionei's shall have the power to lix and 
charge such reasonable toll, and erect toll gates as they 
think best. 

Sec. B. AVhenever land oi- rii:;ht of wav shall be needed by Right to coudemu 
said company tor the jturpose ot constructing its road, to 
supply stone, gravel or other material, if the parties cannot 
agree, the same may be taken at a vabiation to be made by 
a commission of five Irceliolders to be chosen by two justices 
of the peace of the county where the land lies, or by the 
county commissioners thereof, which valuation made on oath. Valuation of ijuid. 
shall be recorded in the registers books, and payment of the 
valuation or tender theriot ; or in case the owner does not 
reside in the county, on de])08it of the same in the office of 
the clerk of the su]>e;!(ii- court, the said land or right of way 
so valued, shall vesr i" the cdmpan}' so long as it shall be 
nsed foi- the puiposes thereof. Either party may appeal 
from the decision of the commissioners, but no proceedings 
made under tliis section shall hinder or delay the company, 
or delay their M'ork. Ten days notice shall be given of the 
time and place of the meeting of the commissioners, or if the 
owner of the land does not reside in the county, then ten 
days notice by aihertisement (tii the land and in a newspaper 
in the county, or if thei-e be none, then at the door of the 
court hcnise and two other ])ublic places in the county shall 
be sufficient notice. The right of condemnation shall not, 
except for materials for construction, include more than 
thirty feet on each side of the centre ot the road, but for toll- 
houses, not exceeding one acre ; Provided, That this right 
of condition shall not iMclnde any yard, garden or burial 
ground. 

Si:c. 4. Said cduipauy shall have ])ower to issue certificates certificates of 
of stocks to an amount n^t to exceed twenty thousand dollars, '^^^^^' 



196 1870-'71.— Chapter 127—128. > 

I 

in shares ot twenty-live dollars each, and shall continue in ! 

force for fifty years. i 

When act to be in Sec. 5. This act shall be in force from and after its ratifi- , 

force. 1 

cation. . 

Ratified the 16th day of March, A. D. 1871. '\ 



CHAPTER CXXYIII. 

AN ACT TO AMEND THE CHARTER OF THE CHEOAH TURNPIKE 

COMPANY. 

Location of road. SECTION 1. The General Asseiiibly of Noi'th CaTolina do 
enact, That Stephen Whitaker and his associates be and 
they are hereby authorized and empowered to build a turn- 
pike road beginning on the Cheoah Turnpike Road, in the 
county of Cherokee, on the west side of Tennessee river, 
within one mile of said river, and running thence by the 
most practicable route to Whitaker's ferry, on said river ; 
thence up said river to the road leading across the Smoky 
mountains to the Tennessee line. 
Rates of toll. Sec. 2. That the tolls on said road and ferry shall be as 

follows. The gate to be at or near said ferry : 
On one horse gig, sulky or buggy, 

" two horse buggy or carriage, 

" six horse road wagon, 

" five horse road wagon, 

" four horse road wagon, 

" three horse road wagon, 

" two horse road wagon, 

" one horse cart or wagon^ 

" peddler's wagon, 

" each horse and rider, 

" each footman, 

" each head of cattle, 

" each head of hogs or sheep, 



35 


cents. 


75 


a 


75 


t( 


60 


i( 


40 


li 


30 


il 


25 


i( 


20 


i( 


1.00 




10 


(I 


05 


a 


03 


K 


02 


a 



1870-'71.— Chapter 128—129. 19T 

Sec. 3. The tolls by section five of an act, chapter one Further rates. 
liundred and ten of one thousand eight hundred and sixtj- 
aix and sixty-seven, shall be as follows : 
On one horse, gig, sulky or buggy, 

" two horse pleasure carriage, 

" six horse road wagon, 

^' five horse road wagon, 

*' four horse road wagon, 

^' three horse road wagon, 

•^' two horse road wagon, 

■^' one horse road wagon, 

" each horse and rider, 

■" each peddler's wagcn, 

" cattle or horses each. 

Sec. •!. This act shall be in force from and after its rati- When act to be in 

force, 
lication. 

Ratified the 16th day of March, A. D. 18T1. 



15 




20 




25 




20 




15 




10 




10 




05 




05 




10 




01 





CIIAPTEE CXXIX. 

A2J ACT TO ANNEX PART OF KUTHERFORD COUNTY TO BURKE 

COUNTY. 

Section 1. The General AssenMy of North Carolina do Portion of Ruth- 
■enact, That that portion of Rutlierford county included bSexedto*** 
within the following boundaries, to-wit: beginning at the Burke county, 
corner where Rutherford, McDowell and Burke unite, and 
running along the top of the ridge of the South mountain as 
the line now runs to the corner where Rutherford, Cleve- 
land and Burke unite, thence by a direct line to the begin- 
ning, be and the same is hereby annexed to, and shall form 
a part of the county of Burke. 

Sec. 2. This act shall be in force from and after its ratifi- When act to be ia 
nation. ^"'■^^• 

Ratified the 16th day of March, A. D. 1871. 



198 



1870-'T1.— CuAPTER 130—131. 



CIIAPTEE CXXX. 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF COMMISSIONERS 
OF WRECKS FOR HYDE COUNTY. 



Commissioners of 
wrecks for HydejJ 
county. 



Kepealiug clause. 



When act to be in 
force. 



Section 1. Tlie General Assembly of Noi^th Carolina do 
enact, That the county commissioners of the county of Hyde 
shall, whenever it may be necessary, appoint the commis- 
sioner of wrecks for each district of said county, who shall 
hold his office for two years from tlie date of his appoint- 
ment, and enter into bond as is provided by law. 

Sec. 2. All laws coming in conflict with this act be and 
the same are hereby repealed. 

Sec. 3. This act shall be in force from its ratification. 

Eatified the 16th day of March, A. D. 1871. 



CHAPTEE CXXXI. 

AN ACT REQUIRING SIIERn'FS AND CORONERS TO GIVE NOTICE 
TO PARTIES IN WHOSE ^A^•OR THEY MAY HAVE PROCESS 
FOR COLLECTION OF MONEY. 



Sherift' to give 
"written notice. 



Section 1. The General Assemhly of Nm^tli Carolina do 
enact, That it shall be the duty of every sheriff and coroner 
to whom ?i feri facias, or venditioni exponas may be issued 
from any court, to give written notice to the plaintiff in 
such execution, or his attorney, of record specifying the time 
when and place where he will sell the property of the defend 
ant under such process ; Provided, That the plaintiff or his 
attorney shall, before the issuing of execution, require such 
notice by an entry upon the record to that effect, in which 
case the clerk shall note such requirement upon the execu- 
tion before delivering the same to the sheriff or coroner. 



1S:0-71.— CiiAi>Ti:ii 131. 199 

Sec. 2. The slicritt' or coroner sluiU receive a fee of iwen- J^' receive a fee 

tor eervmu; notu e. 

ty-live cents for the service of such notice, it the same be 
made iu the county to which said process is issued. If the 
phiintiif or his attorney shall reside out of the county of the 
shcrilf liaving the process, service thereof shall be made by 
mail, and for such service the officer shall receive fifty cents. 
The fees allowed by this section shall be paid by the plain- 
tiff. 

Sec. o. Whenever a sheriff or coroner shall propose to lay nouiesteud or 
off a homestead or personal pro}>erty exemption, for any debt [.'xctnpttou'*'^'^''*^ 
against wh.oui he has process as aforesaid, lie shall give 
notice thereof in writing, to the plaintiff or his attorney, 
ten days prior to the laying off" the same, and shall receive 
for service thereof the same fees as are prescril)ed in section 
two of this act. 

Sec. 4. The notice provided for by section one of this act, Time of serving 
shall be given five days prior to the sale of personal pro- "aie'.*^'^ '"'"'^ 
perty, and ten days prior to the sale of real estate. 

Sec. 5. Any sheriff, coroner or clerk who sliall fail to Rei>eaiiii"- clause. 
comply with the provisions of this act shall bo deemed 
guilty of a misdemeanor, and shall also be lialde for such 
damages as the ])]aintitf shall sustain by reason of such 
neglect. 

Sec. fi. All laws coming in conflict with the provision^ When act to be in 
of this act are hereby repealed. ^"'''^^^• 

Sec. 7. This act shall be in force from its ratification. 

Eatified the ITth day of March, A. D. 1871. 

11 



200 1870-'71. -Chaffer 132—133. 



CHAPTER CXXXII. 

AN ACT TO AMEND SECTIONS NINE AND TEN, CIIAPTEE EIGHT, 
OF AN ACT KELATIVE TO THE WESTERN TURNPIKE ROAD, 
&C., PASSED SESSION ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIX- 
TY-NINE. 
/ 

Amendment to SECTION 1, The General Asseniblii of North Carolina do 

act of March 17, . . , , . , 

1869. enact, That sections nine and ten ot an act relative to the 

"Western Turnpike road, ratified March seventeentli, one 
thousand eight hundred and sixty-nine, be amended so as to 
authorize the county commissioners of Macon county to fix 
the compensation of gate keepers autlion'zed in said act, at 
any sums in their discretion, not to exceed twenty per cent, 
ol the gross amount of tolls received at their gates re- 
spectively. 

Sec 2. That the following words, to-wit : shall reside on 
or near said road, and found in section one lines eleven and 
twelve of said act, be and the same are hereby repealed. 

When a«t to be in Sec. 3. This act shall be in force from and after its rati- 

*"^*^^' fication. 

Ratified the ITth day of March, A. D. 1871. 



CHAPTER CXXXIII. 



AN ACT TO SUPPRESS SECRET POLITICAL ORGANIZATIONS. 

Secret political SECTION 1. Th^ General Assembly of North Carolina do 

organizations pro- ^, .,. x i.i v 

Libited. enact, J hat it any person, tor the purpose ot compassing or 

furthering any political object, or aiding the success of any 
political party or organization, or for resisting the laws, 
shall join or in any way connect or umite himself with any 
oath-bound secret political or military organization, society 



► .1870-71.— Chapter 133. 201 

or association of wliatsoever name or character, or shall form, 
or organize, or combine and agree with any other person or 
persons to form or organize any such organization, or as a 
member of any secret political or military party or organiza- 
tion shall use or agree to use, any certain signs or grips or 
passwords, or any disguise of the person or voice, or any 
disguise wliatsoever for the advancement of its object, and 
shall take or administer any extra judicial oath, or any secret 
solemn pledge, or any like secret means, or if any two or 
more persons for the purpose of compassing or furthering 
any political object, or aiding the success of any political 
party or organization, or for circumventing the laws, shall 
secretly assemble, combine or agree together, and the more 
effectually to accomplish such purposes, or any of them, shajl 
use any certain signs or grips, or pass words, or any disguise 
of the person or voice, or other disguise whatsoever ; or shall 
take or administer any extra-judicial oath or other secret 
solemn pledge, or if any persons shall band together and 
assemble to muster, drill or practice any military evolutions 
except by virtue of the authority of an officer recognized by 
law, or of an instructor in institutions or schools in which 
such evolutions form a pait of the course of instruction, or if 
any person shall knowingly permit any of the acts and 
things herein forbidden to be had, done or performed on his 
premises, or on any premises under his control, or if any 
person being a member of any such secret political or mili- 
tary organization, shall not at once abandon the same and 
separate himself entirely therefrom ; every person so offend- Penalty, 
ing, shall be deemed guilty ot a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten nor more 
than two hundred dollars, or imprisoned, or both, at the 
discretion of the judge of the superior court. 
Katified the ITth day of March, A. D. 1871. 



202 



1870-71.— Chapter 131—135. 



CHAPTER CX XXIV. j 

i 
I 

AN ACT TO KKl'EAL CERTAIN SECTIONS OF AN ACT RATIITEK ' 
AITGUST SEYP:NTEENT1I, one thousand EIGHT IIINDREI* 
AND SIXTY-EIGHT, ENTITLED AN ACT TO ORGANIZE A MILITIA 
OF NORTH CAROLINA. 



Repeal of act of 
August 17, 1868. 



Proviso. 



WliOD act to take 
effect. 



Section 1. The General AssenibJy of North Carolina do 
enact, Tliat all those sections from the eighth to the twenty- 
second inclusive, of the act ratified August seventeenth, one 
thousand eight hundi-ed and sixty-eight, entitled an act to or- 
ganize a militia of North Carolina, are hereby repealed ; 
Provided, That the governor be and he hereby is directed 
to have returned to the arsenal at Raleio-h all arms and 
equipment. now in tlie possession of the detailed militia, and 
he is authorized to draw a sufficient sum, not to exceed one 
hundred dollars, from the treasury to paj^ cost of trans- 
portation. 

Sec 2. That this act shall take effecr from and after the 
date of its ratification. 

Ratified the 17th day of March, A. D. 1871. 



CHAPTER CXXXV 



AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF MACON 
COUNTY TO LEVY A SPECIAL TAX. 



PreiMnble. WiiEREAS, The county comnn'ssioners of Macon county 

have used, in paying the ordinary indebtedness of said county, 
a fund collected out of the tax of one thousand eight hun- 
dred and sixty nine, which, by the provisions of the con- 
stitution, belongs to the educational fund ; therefore. 

Limitation of tax. SECTION 1. The General xissendjly of JVorth Carolina do 
enact, That the county commissioners of Macon county be 



1870-71.— Chapter 135—136. 203 

and tliey are hereby authorized to levy a special tax on the 
taxable property of said coimty, not to exceed the sum of 
six hundred doHars, to replace said educational fund. 

Si:c. 2. That the said tax shall be laid, collected and 
accounted for in the same way and at the same time as other 
tax for the year one thousand eight hundred and seventy- 
one. 

Sec. 3. That this act shall be in force from and after its When act to be iu 

force, 
ratiticafion. 

Eatified the 21Hh day of March, A. D. 1871. 



CHAPTER CXXXVI. 

AN ACT TO CnAN(iE THE TIME OF HOLDIN'J TUE SPKING TEKM 
L¥ THE SUPEKIOK COURT FOR THE COUNTY OF MARTIN, FOR 
THE YEAR ONE THOUSAND EIGHT HUNDRED AND SEVENTY- 
ONE. 



Chii litre of time iu 



Section 1. 27(e General Aasemhly of Norilt Carolina do hoi'di'ni,' spring 
enaet, Tliat the spring term of the superior court for the *"'■"' °^ '■""'■^• 
county of Martin for the year anno djmini one tliousand 
eight liundred and seventy-one, shall be held on the twelfth 
Monday after the third Monday in February. 

Sec. 2. That all processes, recognizances, and other legal 
proceedings in civil and criminal actions, which have al- 
ready been issued and had, or which may hereafter be issued 
and had, returnable to the next term of said superior court 
shall lie deemed and held returnable to the term of said 
superior court as now fixed by this act, and all ]>ersons who 
have been i-ecognized, or bound and summoned to a]')pear at 
the next term of said superior court, are hereby rcipiired to 
ap}jcar at the term as prescribed in this act, and the secre- 
tary of state shall forthwith cause this act to be ])ub]i6hed 
and furnish the sheriff and clerk of the superior court of tlie 
above named county, with a copy of said act. 



204 1870-'71.— Chapter 136—137. 

Repealing clause. Q^^ o rpj^,^^ ^|| j^^,g ^^^ ^.^^.^^ ^^^ j^^^^^ inconsistent with 
this act are hereby repea]ed. 

Wheo act to take Sec. 4. This act shall take effect from and after its rati- 
cffect. ,. 

11 cation. 

Eatified the 18th day of March, A. D. 1871. 



CHAPTER CXXXVII. 

AN ACT TO COMPEL SHERIFFS TO SETTLE THE PUBLIC TAXES. 

Sheriffs failing to SECTION 1. The General Asse?n7dy of JVoH/i Carolina (lo 
pay taxes to "^ '^ 

Treasurer guilty e7iact. That every sheriff who shall fail to pay to the treas- 
of felonv. . . 

iirer of the state the public taxes that may be due from him for 

the fiscal year ending September thirtieth, one thousand eight 
hundred and sevent}', within twenty days after the ratifica- 
tion of this act, shall be deemed guilty of a felony, and on con- 
viction thereof, shall be fined in a sum not less than three thou- 
sand dollars, or imprisoned in the penitentiary for a term 
not less than five years or both, at the discretion of the 
court : Provided, That sheriffs who have had their time for 
their settlement with the treasurer extended by this general 
assembly, shall not be amenable to the provisions of this 
act, until twenty days after the expiration of said time. 

Proceedings Sec. 2. That it shall be the duty of the treasui-er, imme- 

asainst defaulting , . , ^ , . . ,. i . . ,. i . , . 

sheriffs. cliately after tlie expiration of tlie time specified m this act, 

to furnish the solicitor of the 4th judicial district with tlie 
names of all defaulting sheriffs, who shall institute proceed- 
ings against them in the superior court of Wake county : 
Proiyided, This act shall be published in two newspapers 
in Raleigh for twenty days. 

Wheu act to be in Sec. 3. That this act shall be in force from and aftei* its 
force. 

ratification. 
Ratified the 21st day of March, A. D. 1871. 



1870-71.— Chapter 13S— 139, 2('5 



C 11 A P T E R C X X X Y II I . 

AN ACT MAKING AN Al'PROPRIATION FOR THE DEAF, DUMB AND 
BLIND ASYLUM. 

Section 1. The General Assemhly of North Carolina do Appropriation of 

enacts That the sum of forty tliousand dollars is herebj ap- ' " 

propriated for the purpose of defraying the expenses of the 

deaf, dumb and blind asyhnn, during the cnrrent tiscal year, 

commencing January first, one thousand eight hundred and 

seventy-one, and ending January first, one thousand eight 

hundred and seventy-two. 

Sec. 2. That the public treasurer be and is hercbv author- Treasurer to pay 
1 • 1 ,' I- 1 1 n " 1 amount, 

ized to pay the said amount of forty thousand dollars to the 

treasurer of said asylum, out of any moneys in the treasury 

not otherwise appropriated : l^roiudcd, That amount above 

stated be dr iwii quarterly in equal installments. 

Sec. 3. This act shall be in force from and after its rati- wiieu act to be in 
fication. 

Ratified the 2l6t day of March, A. D. 1871. / 



C II A r T E R C X X X I X . 

AX ACT IN RELATION TO FEES OF COUNTY OFFICERS AND THE 
SUPREME C0UI;T CLERK. 
« 

Section 1. llm General AsscmhJij of North Carolina do Per diem of Com- 

.."'., . iiiit.«ioiier8. 

enact, lliat the count)' commissioners of their respective 
counties shall receive ^\\(A\ j^er diem, not exceeding two dol- 
lars, as a majority of any Ijoard may fix upon. 

Sec. 2. County treasurers shall receive as a comiiensation Py*of County 
. . , Treasurers, 

in full of all services required of them Ity law, such a ).er 

centuju, not/ exceeding two and a hall, on aiiKjimt of re- 
ceipts and disbursements, as the c<junty commissioners or a 
majority of them may deem adequate and proper. 



2)6 ISTO-'Tl.— CiiArTER 139. 

County Survey- g]^(^,, 3, Connt\' Surveyors, chain-carriers, entry takers, 

ors, <xc-. . . ' ^ ' 

rangers, commissioners ot aiiidavits, processioners and stand- 
ard keepers, shall receive the fees respectively prescribed 
for them in chapter one hnndred and two of the revised code, 
and no others. 
Fees of Sherifls. Sec. 4. 1. Feesof sheriifs : Executing summons or any other 
writ or notice, by simply delivering a co])}^ to the party or 
his attorney, sixty cents. 

2. Arrest of a defendant in civil action and taking bail, 
including attendance to justify, and all services connected 
therewith, one dollar. 

3. Arrest of a person indicted, including all services 
connected with the taking and justihcation of bail, one dol- 
lar. 

4. Imprisonment of any })erson in a civil or criminal 
action, thirty cents ; and release from prison, thirty cents. 

5. Executing subpoena on a witness, thirty cents. 

6. Conveying a prisoner to jail to another count}-, ten 
cents per mile. 

' T. For prisoners guard, if any necessity-, and approved 
by the county commissioners, going and returning, per mile 
for each, five cents. 

8. Exj^enses of guard and .jI other expenses of conveying 
prisoner to jail, or from one jail to another for any purpose, 
or to any place of punishment, whatever sum may be allowed 
by the county commissioners of the county in which the indict- 
ment was issued, on the affidavit of the oftlcer in charge. 

9. Feeding prisoners in county jail per day, to be fixed 
])}' the commissioners of the co4mty. 

10. Providing prisoners in county jail with suitable beds, 
bedclothing, other clothing and fuel, and keeping tlie prison 
and grounds cleanly, whatever sum shall be allowed by the 
commmissioners of the count}'. 

11. Collecting fine and costs from convict, two and a half 
per cent, on the amount collected. 

12. Collecting executions for money in civil actions, two 
and a half per cent, on the amount collected. 



1S70-T1.— CiiAiTEii 139. 207 

13. Advertising a sale of property under execution, at Fees uf .-horitrs. 
-each public place required, lifteen cents. 

14. Seizing speciiic property under order of a court, or 
executing any other order of a court or judge, not specially 
provided for, to be allowed b}^ the judge. 

15. Taking any bond, including furnishing the blanks, fifty 
cents. 

16. The actual expense of keeping all property seized 
under process or order of court, to be allowed l)y court on 
the affidavit of the officer in charge. 

] 7. A capital execution, ten dollars, and actual expenses 
ot burying the body. 

18. Summoning a grand oi- ])etit jury, for each man sum- 
moned, thirt}' cents, and ten cents for each person suuiuiuued 
on a special venire. 

19. For serving any writ or other process with the aid of 
the county, the usual fee of one dollar, and the expense 
necessarily incurred thereby, to be adjudged l)y the county 
icommissioners, and taxed as other costs. 

2(1. All just tees paid to any printer for any advertise- 
ment required by law to be printed by the sheriff. 

21. JJringing up of a prisoner upon luiheas cor^'ii^^ to tes- 
tify or answer to any court or before any judge, one dollar, 
and all actual and necessary expenses for such services, and 
ten cents per mile by the route most usually tra\elled, 
.-and all expenses for any guard actually employed and neces- 
sary. 

22. For sunnnoning and qualitying appraisers, and for 
performing all duties in laying off homesteads ami pei'sonal 
proj^erty exemptions, or cither, two dollars, to be included 
in the bill of costs. 

:23. For levying an attacliment, one dollar, 

'24. For attendance to qnalify jurors to lay off dowei-, of 

commissioners to lay oil' year's allowance, one doll.ir; ;ind 

for attendance to qualify commissioners for any othei- ])ur- 

pose, seventy-five cents. 

25. Executing a deed for land oi- any intei-cst in land .-old 

under execution, one dollar, to be )»aid I>y the purchaser. 



208 1 8 T0-'71.— Chapter 139. 

26. Service of writ of ejectment, one dcllar. 

27. For every execution, either in civil or criminal cases, 
fifty cents. 

w?s! "* ^"^^^^' Sec. 5. Fees of Constables : 1. Executing a summons, or 
anj* other writ or notice, simply by delivering a copy to the 
party or his attorney, forty cents. 

2. Arrest of" a defendant in a civil action, and taking bail, 
including attendance to justify, and all services connected 
therewith, fift}' cents. 

3. Executing sul)pcena on a witness, fifteen cents. 

4. Collecting executions for money in civil actions, two 
and a half per cent, on tiie amount collected. 

o. Suuinioning a jur}', for each person summoned, fifteen 
cents. 

6. Advertising a sale of ])roperty under an execution, at 
each public place required, ten cents. 

7. And for all other services, same as are now allowed 
sheriffs. 

Juroi-h' per dkm. Sec. (I. 1. Juroi'sto the Superior courts, per day, what 
shall be allowed by the county commissioners of the county, 
not exceeding one dollar and fifty cents. 

2. Per mile of travel, going to and returning from court, 
not exceeding five cents, to be fixed by the county commis- 
sioners, and such ferriage and tolls as they may have to paj'. 

3. The same pay shall Ije allowed to special jurors when 

sworn to serve dm-iug the day, but no tolls, ferriage or 

mileage. 

Clerk of Supreme Sec 7. The salarv and fees of the clerk of the supreme 
Court. " 

court shall be as provided in section twonty-fi\'e, chapter 

one hundred and two, of tlie I'cvised C(jde. 
Register of deed..^. [^i.-.._ s. 1. The Ilcgisters of Deeds shall be allowed, 
while and when acting as clerk to the board of commission- 
ers, such per diem as their several boards ma}' respectively 
allow, not exceeding two dollars. 

2. liegistering any deed or other writing authorized to be 
registered or recorded by them, with certificate of probate 
or acknowledo;ment and private examination of a married 



lSTO-71.— Chapter 139. 20^ 

M'onian, containing not more than three copy sheets, eighty Register of dceds^ 
cents ; and for every additional copy sheet, ten cents. 

3. For a copy of any record or any paper in their offices, 
like tees as tor registering the same. 

4. For issuing each notice required by the county com- 
missioners, inchiding subpoenas for witnesses, fifteen cents. 

5. Recording eac!i order of commissioners, if over one 
copy sheet, for every one over, ten cents. 

6. Making out oi-iginal tax list, two cents for each name 
thereon ; for each name on each copy required to be made, 
two cents. 

7. Issuing marriage license, one dollar. 

Sec. 9, 1. Justices shall receive no fees whatever, except Justices. 
the following : for attachment, twenty cents. 

2. Transcript of judgment, ten cents. 

3. Summons, twenty cents; if more than one in same 
case, for each adiHtional, ten cents. 

4. SubpuMia, for each witness, ten cents. 

5. Ti'ial of an issue and judgment, forty cents. 

(5. Taking an athdavit, bond or uiulertaking, ten cents. 

7. l'\)r jury trial and entering venlict, forty cents. 

8. Execution, twenty ceiit>. 

9. Renewal of executi'ui, five cents. 

10. Return to an a])pe.il, thirty cjnts. 

11. Oi'der (if an-cst in civil action, twenty cents. 

12. WaiTant t'oi- ni-rest in criminal cases, or in liastai'dy, 
thirty cents. 

13. AVa''i-ant of cummitiiunt, twenty cents. 

14. Coiiuiii.-sion t • take depositions, fifteen cents. 

15. Taking dc[)ositio:is on order ov commiesion, per c<i])y 
sheet, ten cents. 

10. Malting necess iry cei'tificate and return to same, tliiily- 
five cents. 

17. Each justice of the ])eace wlio is a memljer of tlie 
board of townslii]) trustees, shall receive one dollar /'^v (liein 
for each day's attendance U]>on the meetings of the boai-d. 

Sec. K'. 1. Fees of coroners shall be the same as are or (joronoi^. 
may be allowed sheriffs in similar caees. 



210 1870-71.— Cn.vi'THR IZ^). 

Coroners. 9. Yov holding ail inquest over a dead body, five dollars ; 

if necessarily engaged more than one day, lor each additional 
day, five dollars. 

3. For burying a pauper over whom an inquest has been 
held, all necessary and actual expenses, to be approved by 
the county commissioners, and paid by the county. 

4. It shall be the duty ot every coroner, where he or any 
juiTmaii shall deem it necessai'v to tbe better investigation 
of the cause or manner of death, t<> summon a physician or 
surgeon, who shall be paid for his attendance and services, 
ten dollars, and such further sum as the conniiissioners of 
the county may deem reasonable. 

Clerks!''' ^'*'"'^ Sko. 11. 1. "superior court cierk. For every original 

wi-it of summons, or other origiujd leading process, one 
dollar ; and no additional allowance for any names inserted, 
and for every duplicate thereof, tweuty-ti'>e cents. 

2. Recording a i-eturn of a shci'iif oi- other ministerial 
officer, ten cents. 

3. Heceiving, tiling and noting on tb.e ducket any plead- 
ing or demurrer, and delivering copies hied to the parties to 
Mdiom addressed, ten cents. 

4 Entering order enlarging time for pleading, twenty- 
live cents. 

5. Entering iudc>;ment and verdict, fifty cents. 

P). Judgment on any (juesticn anthorized to be decided by 
him, if there be an a])pcal to the judge, including statement 
of the case on the appeal from his decision to the judge, and 
acknowledging receipt of decision of the judge, and notifying 
each attorney thereof, one dollar. 

7. Transcript of record foi* a judge on i.ssue of law joined 
on the pleadings, and acknowledging receipt of decision of 
the judge, and notifying each attorney theieof, fifty cents. 

8. Taking an affidavit to witness or jui'or's ticket, or any 
other affidavit, ten cents. 

9. Transcript of case and record for supi-eme court, two 
dollars. 

10. Transcript of judgment, twenty -five cents. 

11. Mailing transcript, post paid, tifteen cents. 



1S70-71.— CuAiTEK 130. 211 

12. Docketin*'- aiiv iiKliiUitMit on execution docket, twenty- f"P^''"i<>"" Court 
five cents. 

13. Aflixiiii": seal ofconrt when necessary, ten cents. 

14:. Entering on record any oixler or judgment of a judge 
on a matter which he has ji]ris(hc'tion to decide out of term, 
if not more than one C(>;)v sliect. fifteen cents; if more tlum 
one copy sheet, ;or e\ei'y one (i\ er the lirst, ten cents. 

15. Issuing suh[)(ena fn- witnesses, ft>r each name, fifteen 
cents. 

10. Copy of any i-ecord or othei* writing in his office, per 
copy eheet, ten cents. 

17. Prohate or acknowledgment of a deed, or a writing of 
any sort anthoi'ized to he ]>roved, and taking private exami- 
nation of a married woman with a certificate tliereof, twenty- 
five cents. 

18. For ordering the registration of any deed or other 
written instrument whicli has lieen proved in any otlicr 
county, twenty-five cents. 

10. Prohate of a will \u {'ominon form with a certificate 
and issuing letters t<>stamentai-y, seventy-five cents. 

2<>. Pecording will or rclurns of executors, administrators, 
guardians or trustee- rcfjnired to make returns, ten cents ]K'r 
opy slieet. 

21. Clrant of !ett(?!"s of administration of any sort, and 
talking bond of administrated-, including justification of sure- 
tics, seventy-live cents. 

22, Every notice recpiired to he is^ned by clerks, ten cents. 
23- Grant of guardians^hip, inchiding taking bond and 

justification of sureties, fifty cents. 

24 Apprenticing infant, including indenture, seventy five 
cents. 

25. Entering caveat on conte.-ted will, twenty cents. 

20. Rec(>rding articles of agreement of j»ro[)osed cor])ora- 
tion, two dollars. 

27. Issuing commission of any sort, seventy-five cents. 

2S. Entering return <-o co:iinu".«sion, and onler for regis- 
tration of deed, ten cents. 



1870-'71.— Chapter 139. 



Attorneys. 



Witnesses. 



29. Auditing account of executor, administrator, guardian 
or other trustee required to return accounts, fifty cents, if 
not over three hundred dollars ; eighty cents it over three 
hundred and not over one thousand dollars ; if over one 
one thousand dollars, one dollar. 

30. Continuance of a cause, thirty cents. 

31. Execution, thirty-five cents. 

32. Issuing capias, one dollar. 

33. Taking a recognizance, ten cents. 

34. Entering judgment against a defaulting juror, or 
witness on bail bond or recognizance, twenty-five cents. 

35. Justification of bail or sureties to an appeal twenty- 
five cents. 

36. Indictment, thirty-five cents. 

37. Auditing final settlement of executor, administrator, 
o-uardian and other trustee required to return accounts, one- 
fourth of one per cent, of the amount on which commissioas 
are allowed to such trustee, if not over one thousand dollars ; 
an amount over one thousand dollars and not over five thou- 
sand dollars, one-sixth of one per cent.; an amount over five 
thousand dollars, one-tenth of one per cent.; but in no in- 
stance to exceed fifteen dollars. 

Sec. 12. Fees of attorneys. 1. In all cases in the supreme 
court, fifteen dollars. 

2. In all cases in the superior court, where the title to land 
comes in question, ten dollars. 

3. In other cases in the superior court, including petitions 
and in all cases of petition in special proceedings in the su- 
perior and probate courts, tour dollars. 

Sec. 13. The fees of witnesses, whether attending at a 
term of the superior court or before the clerk or a referee, 
be one dollar per day. They shall also receive mileage 
to be fixed by the county commissioners of their respective 
counties, at a rate not to exceed five cents per mile for every 
mile necessarily travelled from their respective homes in 
»oino- to and returning from the place of examination by 
the ordinary route, and ferriage and toll paid in going and 
returning. If attending out of their counties, they shall 



ISTO-'Tl.— Chaptek 139—140. 213 ■ 

receive one dollar per day and live cents per mile going and 
letnrning by the ordinary route, and toll and ferriage ' 

expenses ; Provided, that witnesses before magistrates courts 
shall receive fifty cents per day in civil cases; Provided \ 

furtJu-r, that experts, when compelled to attend and testify, | 

shall be allowed such compensation and mileage as the court j 

may in its discretion order. 

Sec. 14. Sections two, three and four of chapter eleven Former law re- 

^ . , . , enacted. 

of chapter two hundred and seventy-nine, laws of one thou- 
sand eight hundred and sixty-eight and one thousand eight 
hundred and sixty-nine, are hereby re-enacted. 

Sec. 15. Mileage to county officers within their respective Miiea!?e. 
counties, is hereby abolished. 

Sec. 16. Chapters one, two, three, tour, five, six, seven, Repe ling ciause| 
eight, nine and ten, of title twenty-one, and title twelve of 
the code of civil procedure, and chapters two, seven, eight, 
nine and ten, and section one of chapter eleven of chapter 
two hundred and seventy-nine and chapter one hundred and 
forty-seven, lawif of one thousand eight hundred and sixty- 
eight and one thousand eight hundred and sixty-nine, and 
chapters eighty-eight and one hundred and sixty-eight, laws 
ot one thousand eight hundred and sixty-nine and one thou- 
sand eight hundred and seventy, and all laws and parts of 
laws in conflict with, or giving any other fees than those 
prescribed in this act, be and the same are hereby repealed. 

Sec. 17. This act shall be in force from and after rts rati- When act to^be iu 

force, 
fication. 



Katified the 21st day of March, A. D. 1871. 



CIIAPT.ER CXL. 

AN ACT TO AMKXD CflAITER ONK HUNDRED AND SIXTY, LAW8 
OF ONE THOUSAND EIGHT HUNDRED AND SIXTY-EKJHT AND 
ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE. 

Section 1. The General Ansenddy of North Ccrolina do 
enact, That the provisions of chapter one hundred and sixty 



214 ISTO-Tl.— CuAi'TKK UO— Ul. 

of the laws of one thousand eight hundred and si\ty-eii;ht 
and one tliousand eight hundred and sixty-nine, relating to- 
the establishment and collection ot costs and tax fees, slndt 
in like manner and effect be extended to the estaljlishment 
and collection of costs, due to v;itii esses in cases vvlierein the 
tickets })roven ])j such witnesses, have l»een lost or destroyed.. 

AincudiiRii'. Amend i)y adding the following to come in alter the word 

" otherwise," in section live, line fovn- : And whereas, in 
such other cases where deeds or any other matter should be 
ot record, shall be lost or destroyed, the probate judge in 
any such county where the same occurs, shall have the same 
jurisdiction in tlie re-establishment of such lost deeds or 
other matter. 
*\viien act to lake Sec. 2. This act shall take effect from its ratification. 

*'^'''^- Eatified the 21st day of March, A. D. 1S71. 



CHAPTER CXLI. 

AN ACT AMENDATORY OF AN ACT ENTITLED AN ACT TO ESTAB- 
Lisn nUKXT RECORDS, itC. IN THE COUNTY OF CLAY. 

Amendtncuttouc-t SECTION 1. The General Asfier/ihly of North Carolina do 
?87o.'^'^'"''°'^ "''''' enact, That section one of an act entitled an act in relatioD 
to burnt recoi-ds of Clay cc»unty, ratified December the twen- 
ty-third, one thousand eight hundred and seventy, be 
amended so as to read as follows : The general assembly of 
North Carolina do enact, That all civil suits that were pend- 
ing in said superior court at the time of said burning, may 
be re-instated upon the docket by the plaintiff or plaintiffs, 
upon petition sworn to according to law, and filed before the 
judge of the superior court during term time, setting fortli 
in substance tiie facts of the case according to said plaintilT 
or plaintiffs, information and belief, and if said plantiff or 
plaintift's elect to do so, a new suit may be instituted and 
the costs of suit already incurred, shall be taxed in the cost? 



1S70- 71.— Ci[APTER 141—142. 215 

of said suit; Provided^ That in cither ease the detendant 
or defendants shall liave ten daj'S notice thereof to their 
canse why said suit shall not be so re-instated. 

Sec. 2. This act shall be in force from and after its ratiti- Wheu act to be in 

force. 

cation. 

Ratified the 21st day of March., A. U. 1871. 



CHAPTER CXLII. 

AN ACT TO TROVIDK FOR TnE LEVYINC^ OF A SPfXIAL TAX IN 
THE COUNTY OF PEKQUIMANS. 

Section 1. The General AssemJjhj of North Carolina do Limits of special 
enact, That the commissioners of the county of Perquimans 
are hereby authorized to levy a special tax not to exceed 
live thousand dollars, to paj- the present indebtedness for 
last .year, (one thousand eii^ht hundred and seventy,) and 
for the support of the poor for the present 3'ear, (one thousand 
eight liundred and seventy-one) ; Provided, That this act Proviso, 
shall be submitted to the (pialified voters of Percpiinians 
county for ratification or rejection at the first election held 
in said county, and shall have no force or virtue until it has 
been ratified by said county ; Provided, That the tax equal 
to the tax levied on three hundred dollars worth of property, 
shall be levied on each and every taxable poll in said county. 

Sec. 2. This act shall be in force from and after its ratifi- wiicn act to tx' in 
cation. ^'^'•^^• 

Ratified the 21st day of March, A. D. 1871. 

12 



216 



1870-71.— Chaptek 243— 2M. 



CHAPTER CXLIIL 



AN ACT RELATIVE TO THE WESTERN TURNPIKE ROAD. 



Rate of tolls on 
Western Turn- 
pike, 



"WTien act to be in 
force, 



Section 1. The Genei'ol Asseinhly of Nm^th Carolina do 
enact., That no person living in the county of Haywood 
shall be required to pay at the toll gate, about eight miles 
west of Asheville on the western turnpike road, more than 
one-half the rate ot tolls now taken at said gate; Provided., 
This act shall only apply to persons going to or returning 
from Sandy Bottoms ; Provided., fwHliei', That citizens of 
Buncombe going into Haywood county not farther than R. 
H. Penland's or Cathey's store, shall not pay any toll at the 
gate in Haywood ; Provided, further, That citizens of 
Henderson and Transylvania counties shall pay not more 
than half toll at the gate in Buncombe. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Eatified the 21st day of March, A. D. 1871. 



CHAPTEE CXLIY, 



AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE 
COUNTIES OF POLK AND JACKSON TO LEVY A SPECIAL TAX. 

Limitation Of tax. Section 1. The General Assemhly of North Carolina do 
enact, That the county commissioners of the counties of 
Polk and Jackson are hereby authorized and empowered to 
levy and collect for the year one thousand eight hundred 
and seventy-one, a special tax not to exceed two thousand 

Object. dollars each, to be applied to the liquidation of the out- 

standing debts of said counties ; Provided, That the county 
commissioners of the county of Polk shall not be authorized 
by this act to levy or collect said tax until the question shall 



1S70-'T1.— Chapter 144—145. 21T 

be submitted to the qualified voters of said county and a ^o be submitted 
majority of the votes cast shall be for the levying and collec- 
tion of said tax. 

Sec. 2. This act shall be in force from and after its ratifi- When act to be is 

force, 
cation. 

Ratified the 21st day of Marcli, A. D. 1S71. 



CHAPTER CXLY. 

AN ACT TO CHARTER THE CATAWBA VALLEY RAILROAD. 

Seciton 1. The General Assenibly of North Carolina do Location of road. 
enact. That for the purpose of constructing a railroad of one 
or more tracks from the city of Charlotte or from Tucka- 
seige Station on the Wilmington, Charlotte and Rutherford 
Railroad, to the town of Newton, in Catawba county ; Pro- 
vided, fimoever, That said road may be extended from Tuck- 
asiege Station to some point (west of the Catawba river,) on 
the Air Line Railroad leading from Charlotte to Atlanta, 
and the same may also be extended from tiie said town of 
Newton to the town of Lenoir, in Caldwell county, via 
Hickory Station, if the same be deemed practicable and 
proper, upon such line as the directors of said road may de- 
termine, George Setzer, H. A. Forney, Daniel Roseman, corporatoial 
Sydney Wilfong, D. B. Gaither, Dr. C. L. Hunter, J. A. 
Sherrill, W. B. McLean, Henry Conner, J, M. Smith, M. 
L. Cline, Thomas R. Tate, D. II. Hill, A. W. Davenport, 
James Abernathy, W. W. Monday, William A. Graham, 
junior, Sidney H. Johnson, and their associates and succes- 
sors are hereby constituted a body corporate, under the name 
and style of the Catawba Valley Railroad Company, with a corporate name, 
capital stock of five hundred thousand dollars ($500,000) Capital stock, 
with power to increase the same to five million, which shall 
have a corporate existence, and as such, exercise the powers 
herein granted in perpetuity as body politic, and by that 



218 



1870-'71.— Chapter 145. 



Shares. 



Corporate rights, name siiG and be sued, plead and be impleaded in any court 
of the state of North Carolina, and may have and use a com- 
mon seal, and shall be capable of purchasino^, holding and 
conveying estate, real, personal and mixed, and of receiving 
the same by gift or purchase, for tlie purposes herein con- 
templated ; and the said company shall have and enjoy all 
the rights and immunities which otlier corporate bodies may 
lawfully exercise, and may make all necessary by-laws and 
regulations for its government, not inconsistent with the 
constitution and laws of North Carolina and the United 
States. 

Sec. 2. That the capital stock of said company may be 
created by subscriptions on the part of individuals, munici- 
pal or other corporations, in shares of the value of fifty dol- 
lars ($50) each, which may be made in land, timber, labor or 
money as may be stipulated. 

Sec. 3. That books of subscription may be opened Ity 
such persons, at such times and places, and under such rules 
and regulations as the persons above named, or a majority 
of them shall direct. 

Sec. 4. That when the sum of fifty thousand dollars 
($50,000) shall have been subscribed to the capital stock of 
said company by solvent subscribers, a general meeting of 
the stockholders shall be held after due notice, and such gen- 
eral meeting, a majorit}' of the stockholders being present 
either in person or by proxy, shall elect a board of directors 
to consist of not less than nine (9) in number, as the stock- 
holders shall determine ; and said directors shall elect one 
of their number president, and such other officers as the 
by-laws of said company may prescribe, and may do and 
perform all other acts necessarj? to the complete organiza- 
tion of said company, and to carry into effect the object of 
this charter. 

Sec. 5. That whenever aiiy land shall be required for the 
construction of the road, or for warehouses, workshops, 
water stations, depositories or other buildings or purposes, 
and for any cause the same cannot be purchased from the 
owner, the same may be taken by the directors at a valua- 



Sul)6criptions. 



Meeting of stock' 
holders. 



Board of direct 
ors. 



President. 



Right to condemn 
land, fa^c. 



ISTO- 71.— Chapter 145. 219 1 

• j 

tiou to be ascertained as lollows: Tlie sheriff of the county 

in which the said land may be, shall, at the request of the 1 

president of said road summon live disinterested treeliolders \ 

of his county, who shall ascertain the value under oath to 1 

be administered by the sheriff, they first deducting the ] 

enhanced value of the land caused by said railroad, from such i 

valuation, and adding any particular loss or damage, and \ 

upon the payment or tender, by the president ot the amount | 

so assessed, the title ot the property so seized and appraised \ 
shall thereby vest injthe said corporation ; Provided, That Proviso, 

either paity may appeal to the superior court of the county . ^ 

upon the (question of the amount assessed ; And, provided ' 

further, That not more than one hundred feet trom the ' 

centre of the road shall be liable to be so condemned. i 

Sec. 6. That said corporation shall have power to borrow^ May borrow 

, . money and issue i 

money, to issue bonds or other evidences ot indebtedness so bonds. *. 

created, and secure the payment of the same by mortgage of i 

its property and effects, or otherwise ; may lease or rent to May lease road. I 

any other corporation, or any person or persons, their line of j 

railroad upon such terms as may be agreed on ; or may in ] 

like manner become the lessee of the railroad of any other j 

company ; Pn/vide'd, however, That none of the powers i 
granted in this section shall be exercised unless assented to 
by a majority in interest of the stockholders of said company 
in a general or special meeting duly assembled. 

Sec. 7. That the board of directors may call for the sum Payment of stock 

subscribed as stock in said company in such installments as ^"^* ip i ns. 

tlie interest of said company may in their opinion recpiire; , 

Provided, That not uioi'e than one-half of said subscri])tion \ 

shall be called for in one year ; the call for each payment shall i 

be puljlished in one or more newspapers in the state for one ' 

month before the day of payment, and on failure of any | 

stockholder to pay each installment as thus required, the j 

directors may sell at public auction on a previous notice of n 

twenty days, for cash, all the stock subscribed in said com- j 

pany by such stockholders, and convey the same to the > 

purchaser at said sale ; and if the said sale of stock does not i 
produce a sum sufficient to pay off the expenses of sale, and 



220 



1870-71 .—Chapter 145. 



Work to be com- 
menced withiu 
four years. 



ManicipaUcorpo- 
lations and coun- 
ties may take 
stock. 



Question to be 
sabmitted to 
\oters. 



the entire amount owing by such stockholder in the company, 
then and in that case the whole of such balance shall be 
held as due at once to the company, and may be recovered 
of such stockholder, his executor, administrator or assigns, 
at the suit of said company in any court of competent juris- 
diction. 

Sec. 8. That all the work hereby required shall be executed 
with due diligence, and if it be not commenced w^ithin four 
years after the ratification of this act, then this charter shall 
be void. 

Sec. 9. Thatit shall and maybe lawful for an incorporated 
«ity, town, township or county in which said railroad may 
be constructed, to subscribe for such amount of stock in said 
company as they, or either of them, shall be authorized to 
do by the qualified voters thereof. 

Sec. 10. That the corporate authorities of such city, town, 
township or county, are authorized to make an order direct- 
ing the sheriff of the county or the constable of any city, 
town or township, at such times and on such notice as to 
them may seem proper, to open a poll and take the sense of 
the voters of such city, town, towBship or county, quali- 
fied to vote for city, town or township officers, or members 
of the general assembly ; whether the corporate authorities 
of such citj'^, town, township or county shall subscribe to the 
stock of said company for such sum as the order shall pro- 
pose ; and the oflicer superintending such election shall make 
return of the number voting for or against it to the said 
corporate authorities ; that upon the return of said officer it 
shall appear that a majority of votes cast at such election are 
in favor of such subscription, then the said corporate authori- 
ties of the said city, town, township or county, shall make 
the subscription for such city, town, township oi" county ; 
the said subscription to be paid for in bonds of said city, 
town, township or county, or in cash, as the said corporate 
authorities may elect; Provided^ however, That not more 
than one-half of the amount thus subscribed, shall be called 
for in one year ; and the said corporate authorities shall 
cause to be issued city, town, township or county bonds, 



1S79-'T1.— CiiAFfER 145—146 221 

payaWe to said company in sums of not less than five hun- 
dred (8500) dollars each, at such times and places as said j 
authorities may direct ; and the said corporate authorities j 
are hereby vested with full power to raise money by taxation , 
to meet any quota of their subscription, or any installment I 
that mRX he due, and annually on the persons, land or other 
property within said city, town, township or county, to i 
provide for the payment of the principal and interest of the , 
bond so issued. 

Sec. 11. That the profits of the company, or so much Division of profits 
thereof as the board of directors may deem advisable, shall, 
when the afi'airs of the company will permit, be annually or 
semi-annually divided among the stockholders in the pro- 
portion each may own. 

Sec. 12. This act shall be in force from and after its ra;i- wiu-u act to be in : 

force. 1 

fication. 

Ratified the 21st day of March, A. U. 1871. i 



CHAPTER CXLVI. 

AN ACT TO LAY OUT AND CX)NSTUUCT A ROAD TUKOUGH TUE 
COUNTY OF ASUE. 

Section 1. 77i^ (j<-vei'<il Asticmbbj of North Carolina do Location of road. 
en-act^ That there shall be laid out and established a road 
commencing at the county line between Ashe and Alleghany, 
at the mouth of the Piney P'ork, of Cranberry creek, and 
thence the most ])ractical)le rout* to Jefi'erson. 

Sec. 2. Tliat the said road shall be made eighteen tect Dinicn.sions. 
wide excei)t where tlieni sliall be side cutting, and in such 
places it shall be fourteen feet wide, and in no part of the 
road shall it rise, on ascending any hill or moiintftin, more (irade. 
than one toot in eight, and to be well made as herein di- 
rected. 

Sec 3. That it shall be the duty of the couuty cuumiis- Enfjinecrand 

. , commissioners. 

sioners ot Ashe to appomt a competent engineer and two 



222 



1870-71.— Chaptee 146. 



Valuation of con- 
demned land. 



County Commis- 
sioners may en- 
force labor on 
road. 



No person to work 
more than 'M days. 

Township trus- 
tees to report 
completion. 



When act to be in 
force. 



commissioners to survey and locate said road, wlio shall take 
an oath before the cliairman of the board of commissioners 
ot their county to faithfully discharge their duties for the 
best interest of their county. 

Sec. -4. That if tlie owners of any lands through which 
said road shall pass, shall consider him, her or themselves 
injured thereby, it shall be competent for each person or 
persons by petition to the county commissioners of the 
the county praying for a jury to view the premises and 
assess the damages sustained, and it shall be the duty of tlie 
commissioners to order such jury to be summoned as incase 
of such public roads ; and it shall be the duty of the jury to 
take into consideration the benefit to the land as well as the 
injury by making such road, and on report of the jury made 
to and confirmed by the commissioners, the damage shall be 
paid by the county. 

Sec. 5. That if any person or persons shall claim damages 
and call for a jury to assess them, and none are found, the 
person or persons so calling shall defray all the expenses in 
the case. 

Sec. 6. That the county commissioners of the county 
shall have power to call out all the hands of the county 
liable to work upon public roads under existing laws, who 
reside within five miles by compass line of said road at such 
times and for such length of time as will not materially con- 
flict with the farming interests of the county, to construct the 
road. 

Sec. 7. That no person shall be required" to work more 
than thirty days on said road in any one year. 

Sec S. That when said road provided for in this act has 
been constructed as herein provided, it shall be the duty ot 
the township board of trustees, through whose township said 
road runs, to receive the same and report to the county com- 
missioners that said road has been constructed according to 
law. 

Sec 9. That this act shall be in force from and after its 
ratification. 

Eatified the 23d day of March, A. D. 1871. 



18T0-'71.— Ch.U'ter 117. 223 



CHAPTER CXLYII. 

AN^ ACT TO AMEND CHAPTEE SIXTY-SIX OF PUBLIC LAAVS OF 
ONE THOUSAND EIGHT IIUNDKED AND SIXTY-NINE AND ONE 
THOUSAND EIGHT HUNDKED AND SEVENTY, TO CONSTRUCT A 
EOAD THROUGH THE COUNTIES OF ASHE AND ALLEGHANY. 

Section 1, The General Assemhly of North Carolina do Amendment to 

mi , • • n 1 1 . 1 chapter fi(i, laws 

^enac% That chapter sixt^'-six of the laws ot one thousand of isg9-'70. 
eight luuidred and sixty-nine and one thousand eight hnn- 
dredand seventy shall be amended and explained as follows: 
That the sixth section shall be amended as follows : the 
count}- commissioners of Alleghany shall have power to call 
out all the hands of the county liable to work on the public 
roads under existing laws who reside within live miles of 
said road, a compass line. 

Sec 2. That in section eight, line three, after the word Mar- Township trus- 

., ,, r^ . ,, 'i . ,, ri. • 11 1 • T 1.' toes to report. 

tin Strike out " Corrico and insert " Canco, and in Imenve 
strike out " F. L. Doughtries" and insert " F. S. Doughten." 
Sec 3. That when the roads provided to be laid out and 
constructed in chapter sixty-six of the public laws of one 
thousand eight hundred and sixty-nine and one thousand 
eight hundred and seventy, have been constructed as tlierein 
provided, it shall be the duty of the townsh'p ])oard of trus- 
tees, through whose townships said roads run, to receive the 
same and report to the county commissioners that said roads 
have been constructed according to law. 

Sec 4. This act shall be in force from and after its ratifi- y^''" ''''t t^ he in 

force, 
■cation. 

Ratified the 2yd dav of March, A. D. 1871. 



224 1870-'71.— Chapter 148. 



CHAPTEK CXLVIII. 

AN ACT TO LAY OUT AND CONSTRUCT A PUBLIC ROAD FROM THE 
TOAVN OF SPARTA, IN ALLEGnANY COUNTY, TO THE VIRGINIA 
LINE. 

Location of road. SECTION 1. The General Asseinhhj of North Carolina do 
enact, That tliere shall be laid out and established a public 
road from Sparta, in Alleghany county, by the most direct 
and practicable route, to the A^ii-ginia line in tlie direction 
of Independence and AVytheville. 

Descriptiou of Sec. 2. That the said road shall be made eighteen feet 

wide, except ■where there shall be side cuttings, and in such 
places it shall be fourteen teet M'ide. 

SuiTfyor and Sec. 3. That it shall be the duty of the county com- 

coninussioners to . . / a n i a , • , . " . 

locate road. missioners ot Alleghany county, to appomt a competent engi 

neer and two commissioners of their respective county to 
survey and locate said road on the best grade possible, who 
shall take an oath before the chairman of the county com- 
missioners to faithfully discharge their duties for the best 
interest of their county. 

Valuation of:con- Sec. 4. That if the owners of any lands through which 
said road shall pass, shall consider him, her or themselves 
injured thereby, it shall be competent for suf;h persons or 
person, by petition to the county commissioners ot their 
county, praying for a jury to view the premises and assess 
the damages sustained ; and it shall ])0 the dutj' of tlie com- 
missioners to order such jury to be summoned as in case of 
such public roads, and it shall be the duty of the jury to 
take into consifleration the benefit to the htnd as well as the 
injury done by making said road, and on report of the jury 
made to and confirmed by the commissioners, the damage 
shall be paid by the county. 

Sec. 5. That if any person or persons shall claim damages 
and call for a jury to assess them, and none are found, the 
person or persons so calling, shall defray all the expenses in 
the case. 



demned land. 



1S7<)-71.— Chapter 1 IS— 149. 225 

Sec. 6. That tlie county comini«sioners of Alleghany County Commis- 

•^ e ./ sioners of Allc- 

county shall have power to call out all the hands of the shany may en- 

1-1 1 IT 1 1 • • 1 ^^''^^ labor. 

county, liabJe to woi'k on pubhc roads under existing laws, 
who reside within five miles of said road by compass line, at 
such times and for t^iicii length of time as will not materially 
conflict with the farming interest of the county to construct 
the road ; Provided, That no person shall be required to Proviso, 
work more than thirty days on said road in any one year. 

Sec. 7. That when the said road provided for in this act has Towushiprtrus- 

^ teee to report 

been constructed as herein provided, it shall be the duty of completion. 
the township board ot trustees through whose townships 
said road runs, to receive the same and report to the county 
commissioners that said road hag been constructed according 
to law. 

Sec. S. This act shall be in force from and after its rati- When act to be in< 

force. 

lication. 

Eatified the 23d day of March, A. D. 1871. 



CHAPTER CXLIX. 

AN ACT TO COXSTKLCT A RAILROAD FROM KENANSVILLE IN 
DlPl.IX COUNTY TO (JLINTON IN SAMPSON COUNTY. 

Section 1. The (reneral AsseinUy of North Carolina do LocaUon of road. 
entuit. That for tiic ]>nrpose of constructing a railroad from 
Kenansville in Dujdin county to Clinton in Sampson county, 
npon such a lino us a majo^ty of the stockholders shall de- 
termine, Owen K. Kenan, Isaac P>. Kelly, J. D. Southerland, cori>orators. 
Lafayette Ilussey, David (i. Murphy, L. A. Mcrriman, 
Wm. T. IlHiiiialbnl, William I'.arden, Col. A. A. McKay, 
L. A. Powell. John K. lieainan, John Barden, Wm. 11. 
Chesnutt, C. T. ]\[in-phy, W. A. Allen, and their associates, 
successors and assigns, are hereb}" constituted a body cor- 
porate, under the name and style of the Kenansville and Corporate name.. 
Clinton Railroad Company, with a capital stock of two hun- 



•226 



1ST0-'71.— CiiAPTEH 149. 



Capital stock. dred tliousaiid dollars, with })erniissii)ii to increase it to three 
hundred thousand dollars, which shall have a corporate 
existence, and as such shall exercise the powers herein 
•Corporate rigiits. granted in perpetuity as a body politic, and by that name 
may sue and be sued, plead and be impleaded in every 
court in the state of North Carolina ; and may have and use 
a common seal, and shall be capable of purchasing, holding, 
leasing and conveying estate, real, pei'tonal and mixed, and 
of acquiring the same by gift or de\ise for the purposes 
herein contemplated ; and the said company shall have and 
enjoy all the rights and immunities which other corporate 
bodies may lawfully exercise, and may make all .necessary 
by laws and regulations for its government, not inconsistent 
with the constitution and laws of the United States, and the 
state of Kortli Carolina. 

Sec. 2. That the capital stock of said company may be 
created by subscriptions on the part of individuals, municipal 
or other corporations, in shares ol the value of fifty dollars 
each, which may be made in lands, timber, labor or money, 
as may be stipulated. 

Sec. 3. That books of subsci'iption may be opened by 
such persons and at such times and places, and under such 
rules and regulations as the persons above named, or a 
majority of them, shall direct. 

Sec. 4. That when the sum of ten thousand dollars shall 
have been subscribed to the capital stock of said company 
b}' solveiit subscribers, a general meeting of the stockholders 
shall be held, after due notice, and such general meeting, a 
majority of the stockholders being present, either in person 
or by proxy, shall elect a board of directors, to consist of 
such number, not less than live, as the stockholders shall 
determine, and said directors shall elect one ol their number 
president, and such other oflicers as the by-laws of said com- 
pany shall prescribe; and may do and perfoi'm all other acts 
necessary to the complete organization of said company, and 
to carry into effect this charter. 

Sec. 5. That whenever any land shall be required for the 
construction ol the road, or fur warehouses, water stations, 



Subcription to 
stock. 



Shares. 



Books of sub- 
scription. 



Meeting of stock 
holders. 



Directors. 



President. 



Ki2;ht to eon 
demn land. 



lSTO-71 — CiiAPTKu 149. '221 

turnouts, worksliop?, (k']i«i>itoriL'8 or other buildings or pur- 
poses, and for any ca\ise the same cannot be purchased from 
the owner, the same may 1)6 taken by the directors at a 
valuation to be UK-ertained as follows: the sherilf of the . 
county in which said land may be, shall, at the request of 
the president of said road, summon live disinterested tree- 
holders ot his county, who shall ascertain the value under 
oath to be adnnnistered by the shei-itf, they first deducting 
the enhanced value of the land caused by said railroad from 
such valuation, and adding any particular loss or damage, 
and upon the payment or tender by the president of the 
amount so assessed, the title ot the property so seized and 
appraised, shall thereby \ est in the said corporation ; F/v- 
vided. That either party may appeal to the superior court 
ot the countv upon the question of the amount assessed ; An<l 
provided, furth>:i\ that no more than one hundred feet from 
the centre of the road sIimII l»e liable to be so condemned. 

Svc <; That it shall and mav be lawtul for the towns of Municipal sub- 
■ ■ •■ stiiiitions. 

Clinton, Kenansville, Magn(»lia and Warsaw to subscrdje hjr 
Buch amount of stock in said ci)mpany as they or either of 
them shall be autliori/cd to do by the voters of said towns 
in manner and form a^ hert^inafter provided. 

Sfc 7 That the corporate authorities of said towns are Question submits 
k. !•,».. I. iiiai I V 1 ^ ted to voters. 

authorized to make an order requiring the constable ot any 
of said towns, or an otlicer ot their own body, at their option, 
at such times and on such notice as they shall direct, to open 
a poll and take the sense ot the voters of said towns qualitied 
to vote for town othcers, whether the corporate authorities 
of such town shall subscribe to the stock of said company 
for such sums as the order shall propose ; and the officers 
superintending such election shall make return of the num- 
ber voting for or against it to the corporate authorities of 
&aid town, or the ]»residing officer thereof; that if upon re- 
turn of said s\q)crintcndcnt ot the election it shall appear 
that a majority of votes are in favor of subscription, then 
tlie mayor or jtrcbidinij officer <A said cor[)orate authorities 
of such town shall make the Mibscription for such town, the 
subscription to be )>aid for in bonds of said town, or in cash, 



^28 1870-'71.— Chapter 149. 

as the authorities may elect, and upon such terms as may be 
agreed upon by said authorities and parties witli wliom they 
Subscription, how jjjay negotiate ; and the said coi-porate autliorities shall order 
their presiding officer to issue bonds, payable to said com- 
pany, in bonds not less than five hundred dollars, each, pay- 
able at such times and places as said corporate authorities 
shall direct, and the said corporate authorities are hereby 
vested with tuU power to raise money by taxation to meet 
any quota of their subscription, or any installment that 
may be due, and annually on the persons, lands and other 
property within their town, to provide for the payment of 
the principal and interest of the bonds so issued. 

^s'^TboS ™^^ ^*^^" '^^ ^^^^^ ^^® president and directors shall have power 
at any time to borrow money upon the bonds of the com- 
pany and to secure the same by mortgage or other legal assu- 
rance. 

Power to lease Sec. 9. That said company shall have the power to lease 

said road with all its franchises or any part thereof, upon. 

such terms and for such length of time as a majority of the 

stockholders thereof shall deem best for the interest of the 

company. 

Exclusive right of Sec. 10. That the said company shall have the exclusive 
conveyance. n " • ^ 

right to convey and transport freight and passengers over 

and along said road, and at such rates as said company shall 

prescribe. 

When act to take Sec. 11. That this act shall take effect from its ratification, 

and all laws and clauses of laws coming in conflict with its 

provisions are hereby repealed. 

Katified the 23d day of March, A. D. 1871. 



1870-71.— CuAi'TER 150. 229 



CHATTER CL. 

AN ACT TO INCORPORATE THE OXFORD AND IfENDKRSON RAIL- 
ROAD COMPANY. 

Section 1. The General As><emUy of J^ortJi Carolina do Capital stork. 
enact., That a company is authorized to be fornied with a 
capital stock not exceeding live hundred thousand dollars to 
be divided into shares of one hundred dollars each, to be shares. 
called and known as tlie " Oxford and Henderson Raili'oad corporate name. 
Company," lor the purpose of constructing- a railroad with 
one or more tracks, to be used with steam or other motive 
power, from some point on the Raleigh and Gaston Raili-oad 
within one mile of the depot at Henderson, in the county of Location of road. 
Granville, over the most practicable route through the 
county of Granville, to such point within one mile of the 
courthouse at Oxford, in Granville count}', as by said com- 
pany shall be deemed most eligible ; and such comj)any 
■when formed as hereinafter directed, shall have power to 
receive, possess, own and transfer, real and personal pro- Corporate rii^hts, 
party and estate ; to have a common seal, and to pass such 
by-laws not inconsistent with the laws of this state, as may 
be necessary to carry out the objects ot the corporation, shall 
be capable in law of suing and being sued, pleading and 
being impleaded, and shall have and enjoy all the I'ights of 
other corporate bodies under the laws of this state ; to have 
land condemned for the right ot way according to existing condemn land, 
laws, and for all other purposes necessary to carrv into effect 
the purposes of said com])any, and shall geiierally possess all 
the rights, privileges and immunities, and be sul)ject to the 
limitations and restrictions of corporate l^odies in this state ; 
and shall have the exclusive right to transfer and carry per- Exclusive right of 
sons, produce, merchandize and mineral on and along such ^'""veyance. 
railroad at such prices as they may fix. 

Sec. 2. That tor the purpose of creating the capital stock corporators, 
of such company, Russcl H. Kingsbury, Henry C. IJerndon, 
J. W. Hays, James C. Cooper, John G. Jones, Tazwell L. 



230 1870-'71.— CiiArxEE 150. 

Hargrove, William V. Greo-orj, John Blaeknall, JloVt W. 
Lassiter, Edwai-d B. Lyon, Henry H. Biirwell, AYcsley AY . 
Yonng, William E. Beasly, Isaac J. Young, Willis S Grandy, 
L. C. Taylor, A. Landis and William H. Beavis, or any 
three of them are hereby appointed commissioners, whose 

fkmi^^"''*^''^' duty it shall be as soon after the passage ot this act as may 
be, to a]^point such commissioners to open books of subscrip- 
tion at such places and at such times as to them shall seem 
best, and under such rules and regulations as they may pre- ' 
scribe ; such subscriptions or any part thereof may be- 
received paj^able in money, lands, labor or material neces- 
sai-y in the construction of said road, bonds, stocks or other 
valuable credits in such manner, and on such terms as shall 
be agreed between said company or its commissioners or 
agents, and such subscribers. 

Srf ""^ '^"'■^" ^'^'^^- ^- Tli^^t whenever the sum of ten thousand dollars 
shall have been subscribed to the capital stock ot said com- 
pany, it shall be the duty of the commissioners aforesaid, any 
three ot whom may act, to call a general meeting of the 
stockholders alter giving notice as to them shall seem suffi- 
cient, and at such times and ;places as they shall determine, 
and at all general ineeti'jgs of said stockholders, not less 
than a majority of «11 the stock subscribed shall constitute a 
quorum for the transaction of business ; and said stock- 
holders when so met in general meeting, shall have powei% 

President and di- aiid it shall be their duty to elect a president and five diree- 
rect(.>rs. . . "^ ^ 

tors for said company ; and in electing such president and 

directors, and in enacting such laws as may be necessary. 

each share of stock represented in person or by proxy, shall 

be entitled to one vote ; Provided, If a majority of such 

stockholders shall not attend said first general meeting, such 

as do attend, and are present, may adjourn from time tc» 

time nntil a majority shall appear in person or b}' proxy. 

Manner of paying Sec. 4. That it shall be the duty of said stockholders at 

stock subscnp- i • /• 

tions. their first general meeting to prescribe the manner and 

time in which payment of stock on the subscription book& 
shall be made. 



1S70-'71.— Chapter 150. 231 

Sec. 5. That it shall be the duty of the president and Treasurer, 
directors of said company to appoint a treasurer who shall 
remain in office such a length of time as the company in 
their by-huvs shall determine ; and said president and 
directors shall remain in office one year and until others are Terms of office, 
chosen, and shall have a general direction and management 
of the affairs of said company, and shall appoint some suitable 
person as engineer, whose duty it shall be to make the 
necessary surveys for the location of said railroad, and Surveys, 
furnish the president and directors with such survey or 
surveys, and estimates of the cost. Said directors shall have 
power to fill any vacancy that may occur in their board, and 'Vacancies. 
in the absence of the president, elect one for the time. They 
shall also appoint a secretary, whose duty it shall be to keep Secretary, 
a fair and correct record of the proceedings of said board, 
and of all the proceedings of the stockholders in general 
meeting in a book to be provided for that purpose. 

Sec. 6. That the president or board of directors shall, at -^^ii^^'^^ report, 
least once a year, make a full report on the state of the 
company, and its affairs, to a general meeting of the stock- 
holders, and oftener if required by any by-laws of the com- 
pany, and also call a general meeting of the stockholders, 
whenever they may deem it expedient ; and the company 
may provide in their by-laws for occasional meetings being 
called and i)rescribe the mode thereof. 

Sec. 7. That all persons, the commissioners of any county Municipal and 
1 . . /■ . , n 1 / 11 corporate'sub- 

or the autlionties of any corporation shall have full power scripiions. 
and authority to subscribe to the capital stock of said com- 
pany to the amount they shall be authorized to do by the 
inhabitants of said county or incorporated town, or the 
proper authorities of any cor])oration, to the amount they 
shall be authorized to do by the inhabitants of said county 
or town ; and they may issue bonds, or other evidence of 
debt to enable them to boiTow money to pay such subscrip- 
tion. The said subscription to be made by any agent or 
agents of such county, town or corporation properly au- 
thorized by them to make the same. Wlien so irr.ide shall 
be binding on such county, comjiany or corporate body in 
13 



232 



1870-71.— Chapter 150—151. 



lucrease of capi- 
tal stock. 



Manner of con- 
struction. 



When act to be in 
force. 



the same manner, and to the same extent that it is on the 
individual subscriber ; and such body corporate or company 
or county shall be represented in all general meetings of the 
stockholders. 

Sp:c. 8. That if the capital stock of said company author- 
ized by this charter be insufficient to carry out the purposes 
of the same, it may be increased by said compau}* to one 
million dollars. 

Sp:c. 9. That said company may begin the construction ot 
said road at any point on the line of location according to 
their discretion ; and that for any portion of said road actually 
constructed, the said company shall be entitled to all the 
privileges ot this act into and over such part so constructed. 

Sec. 10. For the purpose of securing the building ol said 
road, the company shall have power to mortgage, sell or 
lease the same, with all its franchises or any part thereof. 

Sec. 11. That this act shall be in force from and after its 
ratification. 

Eatified the 25th day of March, A. D. 1871. 



CHAPTEE CLI . 

AN ACT TO EXTEND THE TIME OF GEOEGE NICKS, FORMEK 
SHERIFF OF YADKIN, AND OTHERS, TO SETTLE WITH THEIK 
COUNTY TREASURERS. 



Extansiou of time 
to certain sherifls. 



PrOYiso. 



Section 1. The General AssemMy of North Carolina do 
enact, That George Nicks, former sheriff of Yadkin county, 
Joseph Pointer, farmer sheriff of Person county, Gr. G, Bris- 
tol, tax collector of Clay county, and J. T. Ferguson, sheriff 
cf Wilkes county, be allowed until the first day of July, one 
thousand eight hundred and seventy-one, to make their final 
settlement with the county treasurers of said counties ; Pro- 
vided, That the said George Nicks, Joseph Pointer, G. G. 
Bristol and J. F. Ferguson shall not retain in their hands. 



1870-'71.— Chapter 151—152. 233 ' 

at one time, over one hundred dollars of the public money 

b}' them collected. 1 

Sec. 2. That the said George Nicks, Joseph Pointer, G. ReiieTe from peu- ; 
G. Bristol and J. T. Ferguson are hereby relieved of all 
pains and penalties incurred in consequence of a failure to 
settle with the county treasurers according to law ; Provi- Proviso. ] 

ded^ Said county taxes are paid by the said first day of July. I 

Sec. 3. That this act shall be in force from and after its wiien act to be ia ! 
ratification. ^'^^^' 

Katified the 25th day of March, A. D. 1871. \ 



CHAPTERCLII. ] 

i 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF ANSON COUNTY ' 

TO LEVY A SPECIAL TAX FOR COUNTY PURPOSES. ' 

Section 1. The General Ass&mhly of North Ca7'olina do Limit of tax. 
enact, That the commissioners of Anson county shall have 

full power and authority to levy a special tax not to exceed i 
the sum of twenty-five thousand dollars for the purpose of Object, 

completing the courthouse and jail, and paying the interest . 

on bonded debt of Anson county. ( 

Sec. 2. That said tax shall be levied at the same time and Manner aud tioiQ i 
collected in the same manner as the other county taxes for and ^ ' 

during the year one thousand eight hundred and seventy- : 

one. ' 

Sec. 3. That this act shall be in force from and after its Whea act to be ia 

,.n ,. force. I 

ratification. i 

Puitified the 25th day of March, A. D. 1871. ' 



234 



1870-71. -Chaptek 153—154. 



CHAPTER CLIII. 



AN ACT TO LEGALIZE CERTAIN ACTS OF THE COUNTY COMMIS- 
SIONERS OF MITCHELL COUNTY. 



New townships 
legalized. 



Proviso. 



When act to be in 
force. 



Section 1. llie Geney'dl Asseinhly of N oriJi Carolina do 
enact, Tliat the act of the county commissioners of the 
county of Mitchell, abolishing certain townships in said 
county, and establishing and creating other townships in said 
county, be and the same is hereby declared lawful and valid 
to all intents and purposes as if the same had been laid off 
and established when townships were first laid off by the 
county commissioners of said count}^ ; Provided, The pre- 
sent board of commissioners shall unanimously agree thereto. 

Sec. 2. This act shall be in force from and after its rati- 
fication. 

Ratified the 25th day of March, A. D. 1871. 



CHAPTER CLIV. 

AN ACT AUTHORIZING THE COUNTY COMMISSIONERS OF TYRRELL 
TO LEVY A SPECIAL TAX. 



Limit and object 
of tax. 



Actj to be submit- 
ted to people. 



Section 1. The General AssemUy of North Carolina do 
enact. That the county commissioners of Tyrrell county are 
hereby authorized to levy a special tax, not to exceed two 
thousand dollars, to pay off the indebtedness of said county. 

Sec. 2. That the same tax shall be levied on the poll that 
is levied upon three hundred dollars worth of pi'operty. . 

Sec 3. That this act shall not go into effect until the 
same shall have been submitted to the people of the county 



1870-' 71.— Chapter 154—155. 235 

ol Tyrrell, at an election to be held under the direction of 
the commissioners ot said county and a majority of the votes 
polled shall have been cast in favor of the tax herein provi- ^^ ^°* *• ^^^ 
ded for ; and when so ratified it shall go into effect. 
Ratified the 27th day of March, A. D. 1871. 



CHAP TEE CLY. 

ARTICLES EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF 
THE STATE OF NORTH CAROLINA IN THE NAMB OF THEM- 
SELVES AND ALL THE PEOPLE OF THE STATE OF NORTH 
CAROLINA, AGAINST EDMUND W. JONES, JUDGE OF THE 
SECOND JUDICIAL DISTRICT OF NORTH CAROLINA, IN MAIN- 
TENANCE AND SUPPORT OF THEIR IMPEACHMENT AGAINST 
HLM FOR HIGH iHSDEMEANORS IN OFFICE. 

Article I. 

That the said Edmund W. Jones, judge of the superior Article I. 
■court for the second judicial district of North Carolina, on 
the eighteenth day of March, in the year of our Lord one 
thousand eight hundred and seventy-one, at Raleigh, in the 
county of Wake, and state of North Carolina, unmindful of 
the solemn duties of his station, and in contempt and viola- 
tion of the law, on the morning of said day in a state of 
drunkenness, rode in a public omnibus through the public 
street of said city to the public station of the North Carolina 
Railroad, at or near said city, when in a state of drunken- 
ness ; he passed from said omnibus with the aid of others to 
a public passenger coach on said railroad, destined for the 
town of Goldsboro' to the great scandal of his office, and the 
contempt of all good citizens. 

Article II. 

That the said Edmund W. Jones, judge of the superior Article IL 
court, for the second ji^dicial district of North Carolina, on 



236 



1870-71.— Chapter 165. 



the eighteenth day ot Mareh, one thousand eight hundred and 
eeventy-one, at the town of Goldsboro', in the county of 
Wayne and state ot North Carolina, unmindful of the solemn 
duties of his station, and in contempt and violation of the 
law, on the afternoon of said day, in a ptate of intoxication, 
passed from a public railroad station through a public street 
in said town to the public hall at Gregory's hotel in said 
town, when in a said state of drunkenness, with a bottle of 
spirituous liquor in his hand, he remained for some time, 
that is to say, for the space of half an hour, to the great 
scandal of his office and the contempt of all good citizens. 

Article III. 



ArtJele III. 



That the said Edmund W. Jones, judge of the superior 
court of the second judicial district of Korth Carolina, on 
the eighteenth day of March, in the year of our Lord one 
thousand eight hundred and seventy-one, at or near the 
town of Tarboro', in the county of Edgecombe, and state of 
North Carolina, at a public railroad depot on the evening of 
said day, unmindful of the solemn duties of his station, and 
in contempt and violation of the law, in a state of drunken- 
ness, was assisted from a railroad coach to a public omnibus, 
and in said conveyance through the public streets of said 
town rode to a public hotel, where he was again assisted in 
said state of drunkenness to said public hotel, to the great 
scandal of his office and the contempt of all good citizens. 



Article IV. 



Article IV. That said Edmund W. Jones, judge of the guperior court 

for the second judicial district of North Carolina, on the 
twentieth day of March, in the year of our Lord one thou- 
sand eight hundred and seventy-one, at the town of Wil- 
liamston, in the county of Martin and state of North Caro- 
lina, whither the said Edmund W. Jones, as judge aforesaid,, 
had gone in the discharge of his official duties, said twentieth 
day of March, being the regular day appointed by law for 



1S70- 71. — Chapter 155. 237 

the holding of the superior court of said couuty, over which 
court the said Edmund W. Jones was to preside as judge, un- 
mindful of the solemn duties of liis station, and in contempt 
and violation of the law, in a state of drunkenness in a public 
street, and at a public hotel in said town, was and continued 
to be to the great scandal of his office and the contempt of all 
good citizens. 

Article Y. 

That said Edmund W. Jones, judge of the superior court Article V. 
for the second judicial district of North Carolina, on the 
twenty-first day of March, anno domini one thousand eight 
hundred and seventy-one, at Williamston, in the couuty of 
Martin and state of North Carolina, unmindful of the solemn 
duties of his office and in contempt and violation of the law, 
in a state of drunkenness, was seen in a public street and in 
a public hotel in said town of Williamston, said twenty-first 
day of March, being a da}- during the regular term of the 
superior court of said count}', set apart by the said Edmund 
W. Jones for the hearing of a cause at chambers, before him, 
the said Edmund W. Jones, as judge in said town, to the 
great scandal of his office and contempt of all good citizens. 

And the house of Representatives by protestation, saving Demand for trial, 
to themselves the liberty of exhibiting at any time hereafter 
any further articles or other accusation of impeachment 
against the said Edmund W. Jones, and also of replying to 
his answers which he shall make unto the articles herein 
preferred against him, and of offering proof to the same and 
every part thereof, and to all and every other article, accu- 
sation or impeachment which shall be exhibited by tliem as 
the case shall require, do demand that the said Edmund W. 
Jones^ may be put to answer the high misdemeanors in office 
herein charged against him, and that such proceedings, ex- 
aminations, trials and judgements may be tliereupon liad 
and given as may be agreeable to law and justice. 

Adopted the 27th day of March, A. D. 1871. 



238 



18T0-'71.— Chaptek 156. 



CHAPTEPw CLYI. 

AN ACT SUPPLEMENTAL TO AN ACT ENTITLED AN ACr CREATING 
A COMMISSION TO ENQUIRE INTO CHARGES OF CORRUPTION 
AND FRAUD, RATIFIED THE EIGHTH DAY OF FEBRUARY, ONE 
THOUSAND EIGHT HUNDRED AND SEVENTY-ONE. 



Extension of pow- 
ers to investiga- 
ting committee. 



Sessions of com- 
mittee. 



Quorum. 



Powers of indi- 
vidual members. 



Section 1. The General Asseinblij of North Carolina do 
enact^ That the poAvers and duties of the commissioners 
appointed under the said act of February eighth, one thousand 
eight hundred and seventy-one, shall extend to an investiga- 
tion ot, and inquiry into, the issue and disposition of all bonds, 
or the proceeds thereof, and of all matters appertaining 
thereto, under any ordinance or ordinances of any convention 
or under any act of the general assembly, made and passed 
since the 20th day of May, one thousand eight hundred and 
sixty-fivC; and to the sale by the public treasurer of the 
bonds called first mortgage bonds of the North Carolina 
Railroad, issued by said road to the state as the state's por- 
tion of the dividend declared b}^ the directors of said road 
on the — day of October, one thousand eight hundred and 
sixty-eight. 

Sec. 2. That said commissioners shall have the power, 
whenever in their judgment thepnblic interest shall require 
it, of holding their sessions at such points in the state as they 
may think necessary. 

Sec. 3. That any two of said commissioners shall constitute 
a quorum to do business and exercise all powers of said com- 
mission. 

Sec. 4. That said commissioners, or any one of them when 
acting alone as provided in section one of the said act of Feb- 
ruary eighth, one thousand eight hundred and seventy one, 
shall have the same powers to compel the attendance of 
witnesses and to punish for contempt as is now possessed 
and exercised by judges of the superior courts, and to re- 
quire the attendance of the sheriff of the county in which 
the said commission or any one of them may be in session. 



ISTO- 71.— Chafi-er 156—157. 239 

Sec. 5. That said commission may, in their discretion, use Report of other 
any part or parts of the report commonly known as the committee." 
Bragg Investigating Committee's report, either in their in- 
vestigation or in their report ; Provided, nevertheless, That 
they may re-examine any or all the witnesses whose testi- 
mony is therein given. 

Sec. 6. That they shall make their report to the general Commission to 
assembly at its next session, or at an earlier period to the 
governor, it they shall conclude their labors before the next 
session of the general assembly, and upon their recommen- 
dation, the orovernor shall cause such suits to be brought, or Suits to be 

, . . , . , . . -, . . . brought, 

such criminal prosecutions to be instituted from time to time 

as may be by them deemed necessary to accomplish the pur- 
poses and intent of this act and of the aforesaid act to which 
this is supplemental. 

Sec. 7. That if any vacancy shall occur in said commis- Vacancy in com- 
sion by death, resignation, or refusal to act of any of said 
commissioners, or otherwise, said vacancy shall be filled by 
the appointment of the president of the senate and the 
speaker of the house ot representatives, or by appointment 
by either ot them in case of a vacancy in the office of the 
other. 

Sec. 8. That this act is in force from its ratification. When act to be in 

Ratified the 2Sth day ol March, A. D. 1871. '''''''^• 



CHAPTER CLVII. 

AN ACT TO LIMIT THE POWERS OF TOWNSHIP TRUSTEES WITHIN 
THB COUNTIES OF CHEROKEE, CLAY, JACKSON, HENDERSON, 



MADISON, WATAUGA AND CARTERET. 



Section 1. TJie General AssemUy of North Cai'olina do Limits of taxation 
ena<i : That the township Tx)ard of 'trustees for any town- ueg*""*^" '^""'^" 
ship in the counties of Cherokee, Clay, Jackson, Henderson, 
Madison, Watauga aud Carteret shall have no power to levy 



240 1870-'71.— Chapter 157—158. I 

i 

a tax for any purpose, within their townsliip, to exceed one- ;j 
sixth o-f one per cent, upon any subject of taxation whatever. \ 
Sec. 2. That all laws and clauses of laws coming in con- J 
flict with this act are hereby repealed. i; 

When act to be in Sec. 3. That this act shall be in force from and after its ''• 
ratification. 



Ratified the 29th day ol March, A. D. 1871. 



C 



CHAPTER C L V I r I . 

AN ACT TO Al'THOEIZE THE COMMISSIONERS OF CABARRUS 
COUNTY TO LEW A SPECIAL TAX. 

Annual special SECTION 1. T/w General AssemUy of North Carolina do 

enact, That the board of commissioners of Cabarrus county 
shall be authorized to levy a special annual tax tor the term 
of three years, viz : for the years one thousand eight hundred 
and seventy-one, one thousand eight hundred and seventy-two 

Limit and object, and one thousand eight hundi-ed and seventy -three, not to 

exceed ten cents for each year on the one hundred dollars 

value, of all the real and personal property, for the purpose 

of building an addition to and repairing the courthouse and 

for building a bridge over Rocky river, said tax to be levied 

and collected [as] other taxes. 

Question to be Sec. 2. That HO tax shall be levied under this act until 

submitted to 

voters. the question shall be submitted to the qualified voters of the 

county at an election to be held under the direction of the 
commissioners and appro^^ed by a majority of those voting 
thereon. 
When act to take Sec. 3. That this act shall take effect from its ratification, 
but it shall have no force until approved as required by sec- 
tion two of this act. 

Ratified the 29th day of March, A. D. 1871. 



I 



1870-71.— CiiAFfEK 159. 241 



CHAPTER CLIX. 

AN ACT AUTHORIZING THE COUNTY' COMMISSIONERS OF HERT- 
FORD TO LEVY AND COLLECT A SPECIAL TAX. 

Section 1. The Gentral Assemhly of North Carolina do ^"^^^^l^l^^^^'^ 
miact, That the county commissioners of the county of 
Hertford, be and they are hereby authorized to levy and 
collect a special tax within their county, in sums as may 
from time to time be required, and not exceeding in the 
whole four thousand dollars, to be applied to the construc- 
tion and re-buiiding of a court house therein. 

Sec. 2. That the tax herein mentioned shall not be levied To,'^'-'^-^^ 
unless approved by a majority of the qualified voters of said the county, 
county, to be ascertained by an election held for that pur- 
pose at such time as the commissioners shall appoint, and to 
be conducted as prescribed by law for the election of mem- 
bers of the general assembly. 

Sec. 3. That at such election all such as favor the tax 
shall vote a ballot in which are the words " For the special 
tax," and those who are opposed to it shall vote a ballot in 
which are the words " Against the special tax." 

Sec. 4. The commissioners shall meet within five days Comm^s^onc^^^ to 
after such election, and ascertain and declare the vote ; atid 
also determine whether a majority of the qualified voters of 
their county have voted for said tax, and shall cause the 
game to be entered on their records as conclusive evidence 

of the fact. 

Sec. 5. That this act shall 1^ in force on and after the Whon act to be .n. 

day of its ratification. 

Ratified the 29th day of March, A. D. 1871. 



242 1870-'71.— Chapter 160. 



CHAPTER CLX. 

AN ACT TO ABOLISH THE SPECIAL COURTS OF THE CITES OF 
NEWBEKN AND WILMINGTON. 

Repeal of certain SECTION 1. The General Assemhly of North Carolina do 
enact, That the following acts and parts of acts be and the 
same are hereby repealed, to-wit : an act entitled an act to 
establish special courts in the cities of Wilmington and 
Newbern, ratified the eleventh day of Aigust, anno domini 
one thousand eight hundred and sixty-eight, (chapter twelve, 
acts of one thousand eight hundred and sixty-eight,) section 
one of an act entitled an act to amend the charter of the city 
of Wilmington, ratified the eighteenth day of December, 
anno domini one thousand eight hundred and sixty-eight, 
being chapter five, private laws of one thousand eight hun- 
dred and sixty-eight and one thousand eight hundred and 
sixty-nine, and an act entitled an act to amend an act entitled 
an act to establish special courts in the cities of Wilmington 
and Newborn, ratified the fifth day of February, anno 
domini one thousand eight hundred and seventy, found in 
chapter thirty-seven, public laws of one thousand eight hun- 
dred and sixty-nine and one thousand eight hundred and 
seventy. 

tSigToTaboi- ^^""^ ^' ^^^^ ^^^ ^P^^^^l ^«"^t o^ the city of Wilmington 
^shed. be and the same is hereby abolished. 

When act to be in Sec. 3. That this act shall be in force from and after its 
ratification. 

Ratified the 30th day of March, A. D. 1871. 



1870- 71.— Chapter 161. 248 



CHAPTER CLXI. 

A2s' ACT TO CHANGE THE TIME OF HOLDING THE SUPERIOR 
COURT OF NEW HANOVER COUNTY. 

Section 1. The General, AssenibJy of North Carolina do Time of boidiug 

^. , , 11 1 / . /> xi • i court for New 

enaii, That there shall be four terms ot the superior courts Hanover county. 

of the courts of Xew Hanover in each year, to be held for 

two weeks, unless the business be sooner disposed of, and 

that the time for holding the said courts shall be as follows, 

viz : on the second Monday in February, the fourteenth 

Monday alter the fourth Monday in February, the second 

Monday in August, and the fourteenth Monday after the 

fourth Monday in August ; Provided, however, There shall 

be no court held for the county of New Hanover on the 

second Monday in February, anno domini one thousand 

eight hundred and seventy-one. 

Sec 2. That all precepts, recognizances and other legal Returns to next 
^ ^ ' =" 1.11 1 Icvm of court. 

proceedings in civil and criminal cases which have been 
already issued and had, or which may be hereafter issued 
and had, returnable to the next term of said court, shall be 
deemed and held returnable to the next term of said court 
as now fixed by this act, and all persons who have been 
recognized or bound, or summoned to appear at the next 
superior court of said county, are hereby required to appear 
at the time prescribed by this act. 

Sfc. 3. That the secretary of state shall forthwith furnish Secretary of state 

•' -KT TT ^^ furnish copies 

the sheriff and clerk of the superior court of J> ew Hanover, of act to certain 
.,. , /« 1 • i. oflScers. 

each with a duly certified copy of tins act. 

Sec. 4. That all laws and parts of laws in conflict with Repeaiinp; clause. 
this act are hereby repealed. 

Sec. 5. That the ludjre holding Raid additional terms Admtionai com- 
herein provided for, and the solicitor attending the same, Judi,'c and So- 

'■ • 1 y • Ijcilor. 

shall be allowed the same additional compensation for their 
services, to be paid in like manner as they would be if the 
Baid terms were special terms. 

Sec. 6. That this act shall take effect from its ratification, wi.en act to take 

eflcct. 
Ratified the 3<ith day of March, A. D. 18 a. 



"244 18T0-'71.— CHAFrER 162. 



CHAPTER CLXII. 

AN ACT IN RELATION TO ROAD STEAMERS. 

Koad steamers SECTION 1. The General Assemhly of North Carolina do 

niaj' be run upon ,_,, . i t, , ,• i /• 

public roads. enact, 1 hat it shall be lawiui tor any person or persons to 
run and use traction engines and road steamers upon the 
public roads in North Carolina, 

Sed to t?e ?on^'''"' ^^^- ^- "^^^^ *^^^ Lexington Copper Mining Company, a 
structed. company organized under the laws of New York, and now 

working mines in Davidson county, be and is hereby author- 
ized to make, construct and maintain a road suitable for road 
steamers from Davidson Copper mines to any points on North 
Carolina Railroad. 
iSa *° ^''^'^^"''^ Sec. 3. That whenever any lands may be required for the 
said road or roads, its branches and connections, and an 
agreement cannot be made with the owner thereof, the said 
company or its agent may apply to the township board of 
trustees, in writing, to cause the damages, it any to be 
assessed, by five referees who shall be entirely disinterested, 
either directly or indirectly, whereupon it shall be the dut}' 
of the clerk to call upon the party filing the petition to name 
two of the referees and to notify the other party to name 
two others within five days of the service of the notice ; and 
the clerk shall appoint the fifth referee in all cases ; but 
should either party have failed to appoint at the expiration 
of five days after the notice is served upon the defendant as 
above provided for, then the clerk shall appoint others to 
make up the number of five, and the whole of them in case 
both of the parties should have failed to appoint. The clerk 
shall issue notice to , the referees to attend on the lands on 
account of which the petition is filed, and lay off the right of 
way, which shall extend seven feet on each side of the cen- 
tre of the track, and assess the damages, if any, of the owner 
of the land, taking into consideration any advantages that 
may arise from buildiHg said road, and return their award 
% in writing, under oath, within ten days ; but if either party 



1870-71.— Chaptek 162—163. 245 

is dissatibfied, and notify the clerk in writing of his intention 
to appeal to the next term ot the superior court, such party 
shall have live days to give an appeal bond, with two suffi- 
cient securities, in such sum as the clerk may fix, to cover 
costs and damages ; and both parties may appeal fi'om the ^5^''^ ""^ '^I'l'^"^- 
same awards, and the trial in the superior court shall be de 
novo, and the facts submitted to a jury if either party requests 
it. But as soon as the award is filed, whether there be an 
appeal or not, the company may enter upon the lands and 
use them in constructing said track. 

Sec. 4. This act shall take efiect from its ratification. When act to take 

Ratified the 30th day of March, A. D. 1871. 



CHAPTER CLXII I. 

AX ACT FOR THE RELIEF OF THE TAX PAYERS OF BUNCOMBE 

COUNTY. 

Whereas, In many ot the townships of the county of Preamble. 
Buncombe a burdensome tax M-as imposed by the late board 
of county commissioners of said county, for free school pur- 
poses for the year ending the thirtieth day of September, 
anno domini one thousand eight hundred and seventy ; and 
whereas, it appears by the annual report ot the superin- 
tendent of pul)lic instruction for said year that no free schools 
were taught in said county, and no expense for such pur- 
pose was incurred ; noM^ therefore, for the reliet of the tax- 
payers of said county, 

Sfxtion 1. The General Assemlly of North Carolina do \^^^^^^^^^^^^^^ *** 
enact, That the tax levied u])on the several townships of 
said county of liuncombe for free school purpose* for the 
year ending the thirtieth day of September, anno domini 
one thousand eight hundred and seventy, shall not be col- 
lected, and it is hereby made the duty of the board of county 
commissioners for said county to have refunded to every per- 



24:6 1870-' 71. —Chapter 163—164. 

son who lias heretofore paid such tax, the amouut so paid by 
such person. 

Sec. 2. That it shall not he lawful for the sherifl", tax col- 
lector, any township constable or other officer of said county 
of Buncombe to collect said tax from any person. 
When act to be in Sec. 3. That this act shall be in force trom and after its 
ratification. 

Katified the 30th day of March, A. D. 1871. 



CHAPTER CLXIV. 

AN ACT TO AUTHORIZE THE ALBE^SIARLE SW^AMP LAND COM- 
PANY TO CONSTRUCT A KAILKOAD FROM PANTECJO TO INDIAN 
RIVER, IN BEAUFORT COUNTY. 



Location of road. 



Section 1. The General Assemhly of North Carolina do 
enact^ That the Albemarle Swamp Land Company, incor- 
porated by act of assembly, ratified the nineteenth day of 
February, one thousand eight hundred and sixty-seven, shall 
have authority to lay out, construct and maintain a railroad 
from Pantego, in the county of Beaufoit, to some point at 
or near Indian river, in said county. 
County road. Sec. 2. That the commissioners of the county of Beaufort 

shall have authority to lay out and construct a public county 
road by the side of said railroad. 
Rio-ht to condemn Sec. 3. That said company shall have authority to have 
^^^^- the land over which the said railroad shall pass condemned, 

and the game may be taken by the company at a valuation 
to be ascertained as follows : the sheriff of the county of 
Beaufort shall, at the request of the president of said Albe- 
marle SwaHip Land Company, summon five disinterested 
free holders of his county who shall ascertain the value under 
oath to be administered by the sheriff, to act impartially in 
assessing the same, they first deducting the enhanced value 
of the land caused by said railroad from such valuation, and 



1870- 71.— Chapter 164—165. 247 

adding any particnlar loss or damage ; and npon the pay- Kight of appeal, 
ment or tender b} tlie president of the amount so assessed, 
the title of the ]Droperty so seized and appraised shall there- 
by vest in said corporation ; Provided^ Tnat either party 
may appeal to the superior court of the county upon the 
question of the amount assessed ; and j>soivV7rv7, further^ 
that not more than forty feet on each side of said road shall 
be so condemned, exclusive of the public county road. 

Sec. 4. That this act shall be in force from and after its When act to be in 

force. 

ratification. 
Katified the 30th day of March, A. D. 1871. 



CHAPTER CLXV. 

AN ACT IN KELATION TO OBSTRUCTIONS IN NOTTALAR AND 
HIAWASSEE RIVERS, IN CHEROKEE COUNTY. 

Section 1. The General AssemUu of North Carolina do Obstructions in 

. PI, Nottaliih and Hia- 

enact^ That it shall be unlawful tor any person or persons to wassee rivers. 

build or continue dams or other obstructions across more 

than two-thirds ot the waters of Nottalah and Iliawassee 

rivers. 

Sec. 2. That any person or persons violating this act Penaitj- for viola- 
shall be deemed guilty ot a misdemeanor, and on conviction 
before any justice of the peace in said county of Cherokee, 
shall forfeit and pay the sum of five dollars for each day 
such obstruction shall have been continued in either of the 
aforesaid rivers at any point in Cherokee county. 

Sec. 3. That this act shall be in force from and after its When act to be in 
ratification. 

Ratified the 30th day of March, A. D. 1871. 
14 



248 1870-'71.— Chapter 106. 



CHAPTER CLXVI. 



AN ACT TO AMEND SECTION ONE HUNDRED ^VND NINETY-NINE, 
CHAPTER FOUR OF THE CODE OF CIVIL PROCEDURE, CON- 



CERNING ATTACHMENTS. 



Amendment to SECTION 1. The General Assemhly of North CcroUna do 

Code of Civil Pro- . , i i , • • i 

cedure. enact, Tliat sectiou one huiidred and ninety -nine, chapter 

four, of the code of civil procedure concerning attachments, 
be and the same is liereby amended to read and declare as 
follows : If the action be not founded on a contract, or if the 
sum demanded exceed two hundred dollars, a warrant of 
attachment may be obtained from the judge of the district 
embracing the county in which the action has been insti- 
tuted, or from the clerk of the superior court from which 
the summons in the action issued ; anc it may be issued to 
any county in the state where the defendant has property, 
money, effects, choses in action or debts due him, and shall 
be made retui-nable in term time to the court from wliich 
the summons issued. 

Warrant of attach- Sec. 2. That the warrant of attachment may be issued 
upon affidavit, for any of the causes mentioned in section 
two hundred and one of the code of civil procedure. 

How served. Sec 3. That when the warrant of attachment ia taken out 

at the time of issuing the summons, and the summons is to 
be served by publication, the order shall direct that notice 
be given in said publication to the defendant of the issuing 
of the attachment, and when the warrant of attachment is 
obtained after the issuing of the summons, the defendant 
shall be notified by j^ublication of the fact for four successive 
weeks in some newspaper published in the county to which 
it is returnable, or if there be none such, then in one pub- 
lished in the judicial district including said county, and if 
there be no newspaper published in the district, then in any 
newspaper published in the state. Said publication shall state 
the names of the parties, the amount of the claims, and in a 
brief way the nature of the demand and the time and the place 



1870-71.— CiiAPTEK 166—167. 249 

to which the warrant is returnable ; Provided^ however, That Proviso. 
110 irregularity in the publication of the warrant of attachment, 
summons, leading or other process, or otherwise, or in the 
issuance of the summons, leading or other process or other- 
Avise, shall render invalid any proceedings by attachment, 
since the adoption of the code of civil procedure and prior 
to the ratification of this act, and all proceedings in case of iVr's^dedared^*' 
attachment commenced since the ratification ot the code of ^■'"^'^• 
civil procedure, are hereby declared valid to all intents and 
purposes, any irregularity in the particulars aforesaid to the 
■contrary notwithstanding ; Provided, That in proceedings Proviso, 
by attachment begun and had before justices of the peace, 
-such advertisement in a newspaper shall not be necessary, 
but in all such cases, advertisement at the court house door 
and at lour otlier public places in the connty shall be suffi- 
cient. 

Sec. 4. Section one hundred and ninety-eight, of the code Repealing clause, 
of civil procedure, except so far as amended by an act of the 
general assembly of iNorth Carolina, entitled an act to make 
certain amendments in the code of civil procedure, ratified 
the first day of April, anno domini one thousand eight hun- 
dred and sixty-nine, and all other laws and parts ot laws in 
conflict with this act are hereby repealed. 

Sec. 5. That this act shall be in force from and after its When act to be in 

force, 
ratification, and shall be liberally construed. 

Ratified the 31st day of March, A. D. 1871. 



CHAPTER CLXVII. , 

AN ACT TO INCORPORATE THE GEORGIA AND NORTH CAROLINA \ 
RAILROAD COMPANY. 

I 

Spxtion 1. The General Asaenibly of Noi^th Carolina do Location of road. i 

enact, That for the purpose ot constructing a railroad of j 

one or more tracks from some point on the Georgia^line in i 



250 



1870-'71.— Chapter 167. 



Corporators. 

Corporate name. 
Capital stock. 



Corporate rights. 



Subscriptions to 
stock. 



Books of sub- 
scription. 



IJ>:-.^. ■^■-r^. 



Cherokee county, North Carolina, to some point on the 
Tennessee line in Swain or Cherokee county, North Carolina, 
to be hereafter determined, on the most advantageous route 
in the opinion of the company hereinafter named or their 
legal representatives, or the nature of the route M-ill permit^ 
L. W. Davidson, M. Fain, M. C. King, R. D. McCombe, J. 
W. Cooper, F. P. Axley, Samuel Henry, A. J. Loyd, and 
W. J. E,. McConnell, and their associates, successors and 
assigns, are constituted a company, and are hereby incor- 
porated under the name and style of the Georgia and Xorth 
Carolina Railroad Company, with a capital stock of five 
hundred thousand dollars, with the privilege of increasing 
the same to five million of dollars, which shall have a cor- 
porate existence as a body politic for the space of ninety- 
nine years, and by that name may sue and be sued, plead 
and be impleaded, in every court of the state of North 
Carolina, and may have and use a common seal, and shall 
be capable of purchasing, holding and leasing and conveying 
estate, real and personal and mixed, and acquiring the same 
by gift or devise, so far as may be necessary for the purpose 
herein contemplated, and the said company may enjoy all 
the rights and immunities which other corporate bodies 
may lawfully exercise, and may make all necessary by-laws 
and regulations for its government, not inconsistent with 
the constitution and laws of North Carolina and the United 
States. 

Sec. 2. The capital stock of said company may be ci'eated 
by subscription on the part of individual, municipal and 
other corporations, in shares of the value of one hundred 
dollars each, M^liich may be made in lands, timber, work or 
money, as may be stipulated. 

Sec. 3. That books of subscription to the capital stock of 
said company may be opened by the following commissioners,^ 
to-wit : at Murphy, North Carolina, by L. W. Davidson, M, 
Fain, M. C. King, R. D. McCombe, J. W. Cooper, F. P. 
Axley, Samuel Henry, A. J. Loyd and W. J. R. McConnell, 
and by such other persons and at such other places as they 
or a majority of them may direct, and that twenty days 



1S70-'71.— CHAFfER 167. 251 

notice of the opening of said books shall he given in one or 
more newspapers ; and furthermore, that the said com- 
missioners or any five of them may, at any time after said 
books have been kept open for the space ot thirty days and 
the sum of thirty thousand dollars has been subscribed to 
the capital stock of said company, and five per cent, paid 
thereon, have power to call together the subscribers to said Meeting of sub- 

' ^ ^ ^ _ , , scnbers. 

Stock for the purpose of completing the organization of said 

company, and the said subscribers shall be and are hereby 
declared incorporated into a company by the said name and 
style of the Georgia and North Carolina Railroad Company. 

Sec. -1. That said company ma}^ hold annual meetings of ■^"'^"'^^ meetings, 
the stockholders, and oftener if necessary, and at its organi- 
zation and the annual meetings subsequent thereto, twelve Directors, 
directors shall be elected by the stockholders to hold office 
for one year or until their successors shall be elected, and 
any of the said meetings shall have power to make or alter 
the by-laws of the company ; Provided, That in all such 
meetings of the stockholders a majority of the stock sub- 
scribed shall be represented in person or by proxy, which 
proxy shall be verified in the manner prescribed by the by- 
laws of the company, and each share thus represented shall 
be entitled to one vote on all questions. That it shall be 
the duty of the directors to elect one of their number as 
president of the company, and to fill all vacancies in the President, 
board. 

Sec. 5. That after the company shall be organized as Exclusive right of 
. conveyance, 

aforesaid, the board of directors shall proceed to locate and 

have constructed as speedy as possible on the route they 
may find most practicable, a railroad from and to the points 
indicated in section one of this act, to be fixed by them ; that 
the said company shall have the exclusive right of convey- 
ance or transportation of persons, goods, merchandize and 
produce on the said railroad to be by them constructed, at 
such charges as may be fixed by a majority of its directors ; 
that said company may assign or lease their franchises or May lease their, 
their rights of transportation on said road to any person or 
persons or corporations. 



252 



1879-'71.— Chapter 167—168. 



Further powers. 



May condemn 
land. 



Contracts. 



When act to be in 
force. 



Sec. 6. That said company shall have the power to iiso 
and enforce the payment of stock subscribed as was here- 
tofore granted to the I^orth Carolina Railroad Compan}' by 
the charter of incorporation, and shall have power to con- 
demn lands for the use oi the company when a contract of 
purchase cannot be made with the owner thereof to the same 
extent and in the same manner, and under the same rules, 
regulations and restrictions as the said North Carolina Rail- 
road Company was authorized to do by the act ol incor- 
poration. 

Sec. 7. That all contracts made and entered into by the 
president or superintendent of the company, either with or 
without seal, shall be binding upon said company, and the 
president shall, under the instructions of the board of di- 
rectors, issue certificates of stock to stockholders, which shall 
be transferable by the by-laws of the company. 

Sec. 8. That this act shall be in force from and after its 
ratification. 

Ratified the 31st day of March, A. D. 1871. 



CHAPTER CLXVIII. 

AN ACT TO AMEND SECTION ONE, CHAPTER TWO HUNDRED AND 
EIGHT, PUBLIC LAWS OF ONE THOUSAND EIGHT HUNDRED 
AND SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-NINE, ENTITLED AN ACT TO PROVIDE FOR THE ELEC- 
TION OF COMMISSIONERS OF NAVIGATION AND PILOTAGE FOR 
THE PORT OF BEAUFORT, NORTH CAROLINA. 



Amendment to SECTION 1. The General Asseinbly of North Carolina do 

of T^s-'S*' ^*^^^ enact^ That section one of an act to provide for the election 

of commissioners of navigation and pilotage for the port of 

Beaufort, North Carolina, be so amended as to allow the city 



1870-71.— Chapter 168—1(59. 253 

of Morehead to elect two of said commissioners under the 

same rules and regulations as are already prescribed in said 

act. 

Sec. 2. This act shall be in force from and after its rati- When act to oe in 
f. ^. force, 

ncation. 

Eatilied the 31st dav of March, A. D. 1871. 



CHAP TEE CLXIX. 

AN ACT TO AUTIKiKIZE THE COMMISSIONERS oF STOKES TO LEVY 
A SPECIAL TAX. 

Section 1. T//t General Ai^xernlAy of North Carolina df> Object of tax. 
enact, That the county commissioners of Stokes county be 
and they are hereby authorized to levy a special tax on all 
the taxable property of said county for the purjwse of build- 
ing a poor house and for other purposes ; Promded, The 
question of levying said tax shall first be submitted to the Question to be 
qualified voters of said count}- ; And, provided further, piV™ "^ o pe - 
That in making such levy the equation prescribed for in the 
constitution between polls and other taxes shall be observed. 

Sec. 2. That the amount of said tuxes shall not exceed Limitation;of tax. 
five thousand dollars. 

Sec. 3. Tliat said taxes shall be levied and collected in iiow levied. 

the same manner, and accounted tor in every particular as 

all other county taxes ai-e. 

Sec. 4. This act shall be in force from and after its ratifi- wiich act to be in 

force, 
cation. 

Itatified the 31st day of March, A. i). 1871. 



254 



ISTO-'Tl.— Chapter 170. 



CHAPTEE CLXX. 



AN ACT TO AUTHOKIZE THE COMMISSIONERS OF ROCKINGHAM 
COUNTY TO ISSUE BONDS FOR THE PURPOSE OF FUNDING AND 
PAYING OFF THE COUNTY DEBTS. 



Commissioners 
may issue coupon 
bonds. 



When payable. 



Interest. 



How bonds shall 
be issued. 



Commissioners 
may redeem bonds 
at anylJtime. 



Special tax, how 
to be applied. 



Section 1. The General Assembly of North Carolina do 
enact, That in order to liquidate the past debts of the county 
of Rockingham, the commissioners ot said county are hereby 
authorized to issue coupon bonds, not exceeding in amount 
the sum of twenty-five thousand dollars, in denominations 
twenty-live, fifty, and one hundred dollars. 

Sec. 2. That said bonds shall fall due and be payable the 
first day of January, one thousand eight hundred and eighty- 
two, and shall bear interest at the rate of six per cent, per 
annum, and the coupons on said bonds shall be receivable 
in payment of the county tax for any fiscal year in wdiich 
they may fall due, and said coupons shall be payable on the 
thirtieth day of September. 

Sec. 3. That said bonds, and the coupons thereof, shall be 
issued by the chairman of the board of commissioners and 
countersigned by the clerk of the board, which latter ofiicer 
shall keep a book suitable for the purpose in which he shall 
keep an account of the numbers of bonds issued, their 
amounts and to whom issued, and the amount of bonds and 
coupons received and cancelled that upon an inspection of 
said book, the true state of the county debt may be seen, 
for whicli services he may receive a reasonable compensa- 
tion to be fixed by the board. 

Sec. 4. That said county commissioners shall have the 
privilege to redeem said bonds at any time after the expira- 
tion of one year, and it shall be the dut} of the county treas- 
urer each year to apply the proceeds of the tax raised under 
section six of this act, first to the payment of the coupons of 
said bonds, second, to the payment of claims under twenty- 
five dolL rs, held in the aggregate by one person, and third, 
to payment of balances named in section six of this act, and 



1S70-'71.— Chaptek 170. 255 ] 

lastly, to purchasing the outstandnig bonds issued under | 

this act, or by order of said county commissioners, he may 
set apart this sum as a sinking fund to meet said bonds when 
due. 

Sec. 5. That it shall be lawfulfor said county commissioners, Boud of Treas- | 

urcr. I 

if in their discretion the official bond of the county treasurer 

shall be insufficient to protect the county in discharge of his 

duties hereby enjoined, to require him to give further and • 

sufficient security. j 

Sec. 6. That said commissioners of Rockingham county Special tax. ] 

are hereby authorized to levy a special tax of one-seventh of i 

one per cent. (1) on the real and personal property of said - 

county for the special purpose of paying interest upon and Limit aud object. I 
redeeming said bonds, and for paying in cash those debts I 

which are held by persons who do not, in the aggregate hold, 
as much as twenty-five dollars which may be due any person 
who has funded all his claims except this said balance. 

Sec. 7. That said county commissioners of Rockingham Speciaituxtocon- i 
«ounty are authorized to levy the tax authorized by this act ""^*^' . 

from 3'ear to year until all the just and proper debts of said 
county which are now, or may be contracted prior to Jan- ; 

nary first, one thousand eight hundred and seventy-two, are 
paid ; Provided, That said commissioners shall not pay proviso, 
claims which come under the constituted prohibition for- 
bidding the payment of obligations incurred in aid of the ' 
late war directly or indirectly. 

Sec. .s. The said commissioners shall not exercise the Question to be 

submitted to 

authority granted by tliis act unless a majority of the votes voters. 
cast for and against a special tax shall be in favor of a special 
tax ; and said commissioners may order a vote to be taken 
at such time as they may deem best, such voting shall be \ 

governed and regulated by existing laws and regulations in ! 

reference to elections, and those approving the special tax shall i 

vote a ticket which shall read "For special tax," those I 

opposed shall vote "Against special tax," and if a majority 
of votes be for special tax, the said commissioners can pro- 
ceed to enforce the provisions of this act, but if a majority ! 

\ 
1 



256 1870-'71.— Chapter 170—171. ' 

I 
of votes cast be against special tax, in that case the provisions ' 
of this act shall be of no effect and void. ; 

When act to be in Sec. 9. That this act shall be in force from and after its- 

ratification. ' 

Eatified the 31st day of March, A. D. 1871. 



CHAPTER CLXXI. 

AN ACT TO CHANGE THE LINE BETWEEN THE COUNTIES OF 
EI)GE0Ol\[I5E AND NASH. 

Ohan{je of boun- SECTION 1. The General Aysc'iiihly of JSorth Carolina do- 
enact^ That all that portion of Edgecombe county (west of 
the Wilmington and Weldon railroad) and between the- 
Halifax and Wilson lines, be and the same is lierebj annexed 
to and shall form a part of Nash county ; Provided, Nasli 
count)' shall be responsible for the sum of eight liundred 
dollars, the proportion of the Edgecombe county debt falling 
to Nash county in case of such annexation and which sum 
when paid shall discharge and release from all further claims 
in this behalf. 

When act to be in Sec. 2. This act shall be in force from and after its ratifi- 
force. 

cation. 

Ratified the 31st day of March, A. D. 1871. 



18T0-'71.— Chapter 172. 25T 



CHAPTER CLXXII. | 

j 

AN ACT TO INCORPORATE THE KINSTON A.ND KENANSVILLE KAIL- I 

ROAD COMPANY. | 

Section 1. The General Assembly of JSWth Carolina do Location of road. 

enact, That for the purpose of constructing a raih-oad from I 

Kinston, in the county of Lenoir, to Kenansville, in the ; 
county of Duplin, upon such line as the directors of said 

railroad shall determine, John W. Stallings, J. D. Southall, j 
and Jas G. Branch, Lewis Hening, B. K. Outlaw, John F. Corporators. 
Wooten, R. W. King, William Sutton, James M. Parrott, 

Wm J. Pope, Pinkney Hardee, J. D. Stanford, W. F. I^f- | 

tin, and their successors, associates and assigns, are herehy j 

constituted a body corporate, under the name and style of Corporate name. { 
the Kinston and Kenansville Railroad Company, with a 

capital stock of four hundred thousand dollars, which shall Capital stock. , 
have a corporate existence, and as such exercise the powers 

herein granted in perpetuity as a body politic, and by that ' 

name may sue and be sued, ])lead and be impleaded in every. j 

court in the state of North Carol hia ; and may have and use { 
a common seal, and shall be capable of purchasing, holding, 
leasing and conveying estate, real and personal and mixed, 
and of acquiring the same by gift or devise for the purposes 

herein contemphited ; and the said company shall have and Corporate rights. j 

enjoy all the rights and immunities which other corporate ! 

bodies may lawfully exercise, and may make all necessary j 

bv laws and regulations for its government, not inconsistent j 

with the c«.nstitutiun and laws of the United States, and of ; 
the state of North Carolina. 

S?:c. 2. That the ca])ital stock (.f said company may be J^^jJ^^"!''^*'" ^ J 
created by subscription on the part of individuals, municipal 

or other corporations, in shares of the value of fifty dollars 1 

each, which may be made in land, timber, labor or money, ' 

as may be stipulated. | 

Sec. 8. That books of subscription may be opened by ^^^^"^^^^^^ ''"'^- I 

such persons at such times and at such places, and under such ^ 



258 



18 70-' 71. —Chapter 172. 



Meeting of stock' 
holders. 



Board of direct- 
ors. 



President. 



Riglit to condemn 
land. 



Appeal to Superi- 
or Court. 



Right to lease 
franchise. 



rules and regulations as the persons above named, or a 
majority of them, may direct. 

Sec. 4. That 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 held, after due notice, and such general meeting, a 
majority of the stockholders being present, either in person 
or by proxy, shall elect a board of directors, to consist of 
such number, not less than five, as the stockholders shall 
determine, and said directors shall elect one of their number 
president, and such other officers as tlie by-laws of said com- 
pany shall prescribe ; and may do and perform all other acts 
necessary to the complete organization of said company, and 
to carry into efi'ect the objects ot this charter. 

Sec. 5. That whenever land shall be required for the con- 
struction of the road or for warehouses, water stations, turn- 
outs, workshops, depositories or other building purposes, and 
for any cause the same cannot be purchased from the owner, 
the same may be taken by the directors at a valuation to be 
ascertained as follows : The sheriff" of the county in which 
said land may be, shall, at the request of the president of 
said road, summon five disinterested freeholders ot his 
county who shall ascertain the value under oath to be ad- 
ministered by the sheriff", they first deducting the enhanced 
value of the land caused by said railroad from such valuation 
and adding any particular loss or damage, and upon the pay- 
ment or tender by the president of the amount so assessed, 
the title of the property so seized and appraised shall thereby 
vest in the said corporation ; Provided, That either party 
may appeal to the superior court of the county upon the 
question of the amount assessed ; And , pi'ovided further , that 
not more than one hundred feet from the centre of the road 
shall be liable to be so condemned. 

Sec. 6. That said company shall have the power to lease 
its franchises or any parts thereof for such time and upon 
such terms as they may think advantageous to the interest 
of the company. 



1870-71.— Chapter 172—173. 259 

Sec. 7. That the president and directors shall have power May borrow 

, , , . , money aud issue 

at any time to borrow money upon tlie bonds ot the com- bonds. 

panv, and to secure the same by mortgage or other legal 

assurance. 

Sec. 8. That the said company shall have the exclusive Exclusive right of 

f. ■ . 1 , 1 conveyance. 

right to convey and transport ft-eight and passengers over 
and along the said road, and at such rates as said company 
shall prescribe. 

Sec. 9. That this act shall take effect from its ratification, when act. to take 
and the said company shall have tlie exclusive right tor a *^^^^^- 
term ot thirty years from its full organization to construct 
and use the aforesaid railroad. 

Katitied the 31st day of March, A. D. 1871. 



CHAPTER CLXXIII. 

AK ACT TO TROVrDE FOR A TAX COLLECTOR FOR GASTON 
COUNTY. 

Section 1. 77ie General AssemUy of JVorth Carolina do commissiouers to 
enact, That the board of commissioners for Gaston county ^^^"^ collector. 
may in their discretion, annually electa tax collector for said 
county, said election to be held on or before the first day 
of May in each year. 

Sec. 2. That the tax collector so elected shall execute his Bond, 
official bond, payable to the state of North Carolina, m 
double the estimated sum of the state and county taxes to 
be collected in said county, with two or more solvent secu- 
rities, to be a])proved by the said board, said bonds shall be 
registered, and the original deposited in the office of the 
superior court of said county. 

Sec. 3. That it shall be the duty of the said tax collector powers and Au- 
to collect all the state and county taxes levied in said county, 
that he shall have all the powers vested in the sherift' for 
that purpose, and be governed by tlie same rules, regulations 



■260 18T0-'71.— Chapter 173—174. 

and provisions which apply to sheriffs in the collection of 
taxes, and be subject to like penalties and ])rosecntions for 
failure in the performance of his official duties. 
•Compensation. Sec. 4. That said tax collector shall receive the same com- 

pensation for his services as may be allowed to sheriffs for 
similar services. 

When act to be in Sec. 5. That this act shall be in force from and after its 
orce. . 

ratmcation. 

Eatified the 31st day of March A. D. 1871. 



CHAPTER CLXXIY. 

AN ACT TO INCOKPORATE THE STATESVILLE AIR LINE RAIL- 
ROAD COMPANY. 

Location Of road. SECTION 1. The General Asserahly of NoHli Carolina do 
enact, That for the purpose of constructing a railroad of 
one or more tracks from some point on the southern boun- 
dary of the state in the county of Cleaveland to the town of 
Statesville, in the county of Iredell, from thence to some 
point on the northern boundary of the state at or near the 
northeast corner of the county of Surry, as near an air line 
as the nature of the route will permit, a company by the 

Corporate name, name and style of the Statesville Air Line Kailroad Com- 

-r— : j)any, is hereby incorporated and declared to be a body 

politic and corporate for the term of ninety-nine years, and 

by that name may sue and be sued, plead and be impleaded, 

may liave and use a common seal, and shall be capable of 

Rights and privi- purchasing, holding, leasing and conveying estate, real and 

^^^^' personal and mixed, and acquiring the same by gift or devise 

so far as may be necessary for the purpose herein contem- 
plated, and said company may enjoy all the rights and im- 
munities which other incorporated railroad companies may 

~ lawfully exercise, and may make all necessary by-laws and 

regulations for its government, not inconsistent with the 



18T0-'71.— Chapter 174. 261 

constitution and laws of the state ot North Carolina and ol 
the United States. 

Sec. 2. That the capital stock of said company shall not capital stock, 
exceed four millions of dollars, divided into shares of lifty 
dollars each, and the company may raise the same hy sub- 
scriptions on the part of individuals, municipal and other 
corporations, which may be made in lands, timber, work, 
money or other things as may be stipnlated. 

Sec. 3. That books of subscription to the capital stock of Books of sub- 
said company may be opened by the following commissioners, **^"'' ^^^' 
to-wit: Lee M. McAfee, Plato Durham, David Schenck, 
Jasper Stowe, Dr. A. M. Powell, Wilfred Turner, Thomas 
N. Cooj)er, Dr. Henry C. Wilson, John M. Brewer, and 
Col. S. A. Sharpe, and by such other persons and at such 
other places as the said commissioners or a majority of them 
may direct ; and that twenty days notice of the opening of 
said books shall be given in one or more newspapers of the 
state ; and furthermore, that the said commissioners or any 
three of them, at any time after said books shall have been 
kept open for the space of thirty days and the sum of twenty 
thousand dollars shall have been subscribed and five per 
cent, paid thereon, shall have power and are required, after 
twenty days notice, to call together the subscribers to said Meeting of sub- 

, , I, 7 . . , scribers. 

Stock tor the purpose of organizing said company. 

Sec. 4. That when the subscribers have been so called Directors, 
together they shall proceed to organize by electing nine 
directors, who shall serve for one year and until others are 
elected, and said directors shall elect one ot their number 
president, and when so organized, the stockholders, their President, 
successors, executors, administrators or assigns shall be and 
are hereby declared incorporated into a company, under the 
£aid name and style of the States ville Air Line Kail road 
Company. 

Sec. 5. That said company may hold annual meetings of Annual meetings, 
its stockholders, and oftener if deemed necessary ; Provided, 
In all such meetings of the stockholders a majority of the 
stock subscribed shall be represented in person or by proxy, 
and each share thus represented shall be entitled to one vote 



262 



1 8 T0-'71.— Chapter 174—175. 



Power to enforce on all questions. And said company shall have power to 
call for and enforce the payment of all stock in the like 
manner as the Western North Carolina Railroad Company, 
may enforce the same under their charter, and shall have 
power to condemn land for the use of the company, if neces- 
sary to the same, and in the same manner)^and under the 
same rules, regulation and restrictions as the said Western 
North Carolina Railroad Company were authorized to do by 
their said charter. 

Sec. 6. That the northern section of said road shall be 
completed first, commencing the work at Statesville, and 
said company shall have power to borrow money for the 

May issi;e bonds, completion of said road, and issue bonds for the same, bearing 
interest not exceeding eight per cent, per annum, and secure 
the payment of said bonds by procuring personal endorsers, 
or executing mortgages upon their road or other property, 

Exclusive rights, and that said company may have exclusive right of trans- 
porting persons and freight upon said road at such rates and 
charges as the board of directors may fix. 

Sec. 7. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 31st day of March, A. D. 1871. 



Northern section 
to be first com- 
pleted. 



When act to be in 
force. 



CHAPTER CLXXV 



AN ACT DEFINING THE DUTIES OF THE KEEPER OF THE CAPITOL. 



Powers and duties 
of keeper. 



Section 1. The General Assembly of North Carolina do 
enact, That the keeper of the capitol shall perform all the 
duties and have all the rights prescribed in chapter 103, of 
the revised code, for keeper of the capitol and capitol 
grounds ; and as to the manner of performing his duties he 
shall be under the general directions of a board, consisting of 
the governor, secretary of state, treasurer and attorney gen- 
eral ; but he shall have the absolute right to appoint and 



1870-'T1.— Chapter 175—176. 263 

■control all lawful subordinates, such as watchman of the 
-capitol, workmen on the grounds, and servants about the 
■capitol and its appurtenances. 

Sec. 2. That there shall be no superintendent of capitol capitofs?imS°^ 
square as contra-distinguished Irom the keeper of the capitol. 

Sec. 3. That the keeper of the capitol shall also have Ch«rge of Arse- 

charge of the arsenal located in the capitol square, under the 

superintendence of the adjutant general, and shall receive 

fifty dollars per year for the performance of his duties in 

that particular ; and the separate office of keeper of the 

arsenal is hereby abolished. 

Sec 4. That this act shall take efiect from the date of ^^^n act to take 

effect, 
its ratification. 

Eatitied the 31st day of March, A. D. 1871. 



CHAPTER CLXXYI. 

AN ACT TO REDUCE THE BOND OF SUPERIOR COURT CLERK AND 
PROBATE JUDGE OF DARE COUNTY, NORTH CAROLINA, FROiT 
TEN THOUSAND TO THREE THOUSAND DOLLARS. 

Section 1. The General Asseimhly of JVarth Carolina do Bond reduced. 
e7iaci, The probate judge or superior court clerk of the 
county of Dare be allowed to discharge the duties of said 
ofiice upon filing with the proper officer a justified bond for 
the sum ot three thousand dollars, with the same conditions 
and restrictions as usual in such Ijonds ; Provided', That Proviso, 
such probate judge or superior court clerk shall be elected 
by the qualified voters of the county of Dare at an election 
to be held for that purpose on the first Thursday in August 
next, under the rules and regulations now prescribed by 
law for other elections. 

Sec 2. This act be in force from its ratification. Wlicajact to be In 

Ratified the 31st day of March, A. D. 1871. t ^''"'^' 

15 



264 



1870-71.— Chapter 177. 



CHAPTEK CLXXVII 



AN ACT CONCERNING MUNICIPAL OFFICERS. 



Municipal officers 
to transfer pro- 
perty to succes- 
eors. 



Penalty for 
failure. 



Tax listB, 



When act to be in 
force. 



Section 1. The General Assemhly of North Carolina do 
enact, That all municipal officers, mayors, aldermen, com- 
missioner or tax collector, of any town or city, who shall, on 
demand, fail to turn over to their successors in office the pro- 
perty, books, moneys, seals or effects, of such town or city, 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion before the superior court of the county in which such 
town or city is located, shall be imprisoned for not more 
than five years, and fined not exceeding one thousand do' 
lars, at the discretion of the court. 

Sec 2. All tax lists, either county or municipal, which 
have or may hereafter be placed in the hands of any sherifi^ 
or tax collector, shall be at all times under the control of 
the authorities imposing the tax, and subject to be corrected 
or altered by them, and shall be open for inspection by the 
public, and upon demand by the authorities imposing the 
tax, or their successors in office, shall be surrendered to the 
lawful authorities for such inspection or correction, and any 
sheriff or tax collector who shall refuse or fail to surrender 
his list upon such demand, shall be deemed guilty of a mis- 
demeanor, and upon conviction, be subject to the penalties 
imposed by the first section ">f this act. 

Sec. 3. This act shall be in force from and after its ratifi- 
cation, and all laws coming in conflict with this act are hereby 
repealed. 

Eatified the 31st day of March, A. D. 1871. 



t-f 



1870-71.— Chapter 178. 265 



CHAPTEKCLXXVIII. :, 

1 

AN ACT TO ENABLE THE NORTHWESTERN NORTH CAROLINA \ 

RAILROAD COMPANY TO COMPLETE THEIR ROAD TO SALEM. ' 

"Whereas, The state, by her appropriations and other Preamble. | 
pledges, did induce and encourage the Northwestern North 

Carolina Railroad Company, chartered by ordinance of the j 

convention in the year one thousand eight hundred and sixty- '; 

eight, to lay out their line of railroad, and by private sub- ; 

scriptions, to grade and construct their road bed, with -. 
bridges, cross-ties, and some depot buildings, as far as the 

towns of Winston and Salem, in Forsythe county, and b}' ! 

the withdrawal of such aid by the state, the said company \ 

are without present means ot completing said road ; and ] 

whereas, it is greatly to the interests of the state and espe- j 

cially the fertile region thereof, through which the projected ; 
line of said road will pass, that the same shall be at once 
completed to Salem, and as soon thereafter as practiacble 

to the Tennessee line : i 

Section 1. 77w General AssemUy of North Carolina do Company may "^ | 

mi 1 • T -\T 1 TVT 1 /-. T T-. .1 1 consolidate with J i 

e)iact, Ihat the said JN orthwestern JNorth Carolina Kailroad other railroad 
Company shall have the right and their charter is hereby 
BO amended as to enable them at any time within two (2) 
years after the ratification of this act, to unite such consoli- 
dation with any other railroad company, whose line, now 
built or to be built, under any existing charter, con- | 

nects with or may under such existing charter connect with ! 

the line of the said Northwestern North Carolina Railroad 1 

Company, and who will agree and contract with the said 
Northwestern North Carolina Railroad Company to build ! 

and complete the same from Greensboro' to Salem, in "For- j 

sythe county, without delay. ! 

Sec. 2. That for the purpose of carrying into effect the Amendment to \ 

-^ -^ ./ D charters of con- ' 

provisions of the foregoing section, it shall be lawful for any ncctint; roads. 
of the said railroad companies which connect or may con- 
nect as aforesaid, with the said Northwestern North Caro- 



266 1870-'71.— Chapter 178. 

lina E.ailroad Company, and the respective charters of such 
roads are hereby so amended as to enable tliem, at a special 
meeting of the stockholders called for such purpose, or at 
any regular meeting after the ratification of this act, to con- 
sider and agree to propositions of the said Northwestern 
North Carolina Railroad Compan3% to unite and consolidate 
with such company, as provided for in section one of this 
act, and to contract with the said Northwestern North Caro- 
lina Railroad Company for such completion of their road 
from Greensboro' to Salem, as aforesaid, such contract, if 
accepted by both contracting parties to be signed by the 
presidents of such contracting companies, in duplicates, one 
to be preserved by each of said companies. 

Transfer of rights Sec. 3. That upon the execution of such contract and the 

franchises completion of the said road from Greensboro' to Salem, 

according to the terms of the contract, all the powers, rights, 
privileges, immunities and franchises of the said Northwes- 
tern North Carolina Railroad Company shall be transferred 
to, conferred upon and vest in the said connecting railroad 
company contracting as aforesaid with the said Northwestern 

Pro^so. North Carolina Railroad Company; Provided^ Jwwever^ 

that the holders of certificates of stock in the said North- 
western North Carolina Railroad Company, who have fully 
paid up their subscriptions thereto, shall be equal share- 
holders in the consolidated company. 

Repealing clause. Sec. 4. That all laws, charters and clauses thereof incon- 
sistent with this act, are hereby repealed. 

When act to take ^^^' ^' "^^^^ ^^^ &h.2i\l take effect from its ratification. 

effect Ratified the 31st day of Maroli, A. D. 1871. 



ISTO-'Tl.— Chapter 179. 267 



CHAPTER CLXXIX. 

AN ACT TO AMEND AN ACT TO PROVIDE FOR THE EXLARCiE- 
MENT, INCREASE OF DEPTH, AND COMPLETION OF THE 
ALBEMARLE AND CHESAPEAKE CANAL, RATIFIED ON THE 
SECOND DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED 
AND FIFTY-SEVEN, AND TO REPEAL AND A3IEND CERTA.IN 
OTHER STATUTES. 

Section 1. The General AssemUu of North Carolina do Conditional re- 
enact, That provided a majority of the directt)rs shall be 
resident citizens of North Carolina, that the second section 
of chapter forty-six of the private laws of North Car(.ilina, 
ratified on the second day of February, anno doniini 
one thousand eight hundred and fifty-seven, entitled " an 
act to provide for the enlargement, increase of depth, and 
completion of the Albemarle and Chesapeake Canal be and 
the several sections is hereby repealed. 

Sec. 2. That with the view of increasing the business of Company a^ithor- 

said canal, the president of the Albemarle and Chesa])eake to capital stock of 

Company is hereby authorized to subscribe to the capital °^^^'^'" ^^^^^^' 

stock of any other canal in North Carolina connected by 

navigable water with said Albemarle and Chesapeake Canal, 

a sum not to exceed one-half the capital stock of such other 

canal to be paid for in work and material. The capit.al 

stock of such other canal is to be held by the Albemarle 

and Chesapeake Canal Company when thus acquired in the 

same way as the other personal property belonging to it. 

Sec. 3. That chapter one hundred and twenty-one of the Repeal of prcvl- 
1 ^ -v^ 1 /-I T •!! ^ 1 *^ • 1 1 n Oils act in rela- 

private laws of iNortli Carolina, ratified on the sixth day of tion to state 

FebruaiT, anno doinini one thousand eight hundre<l and 

sixty-one, entitled an act to continue the improvement and 

provide for the equipment of the Albemarle and Chesapeake 

Canal and the waters connecting therewith, " which said act 

provides for the ajipropriation of two hundred thousand 

dollars of the bonds of this state and their exchaiii^e for the 



bonds. 



268 1870-'71.— Chapter 17v)— 180. 

bonds of said canal company, be and the same is hereby 
repealed. 
No proceedings to Sec. 4. That no Icffal proceedings commenced by virtue 

be had against , or n j 

the company for or authority of an act entitled "an act to authorize the 

charter. public treasurer to pay the attorney general such sums of 

money as may be required to conduct a suit against the 

Albemarle and Chesapeake Canal Company," ratified on the 

seventeenth day of March, anno domini one thousand eight 

hundred and seventy, shall be prosecuted to enforce the 

forfeiture ol the charter of said Albemarle and Chesapeake 

Canal Company, alleged to have been incurred by said 

canal company by reason of its not complying with the 

provisions and requirements ot section second, of chapter 

forty-six, of the private laws of North Carohna, ratified on 

the second day of February, one thousand eight hundred 

and fifty-seven, which said second section is repealed by 

section first of this act. 

When act to be in Sec. 6. That this act shall be in force from and after its 
force. ..f, ,. 

ratification. 

Eatified the 31st day of March, A. D. 1871. 



CHAPTER CLXXX. 

AN ACT TO EXTEND THE TIjIE FOR THE REGISTRATION OF 
GRANTS, DEEDS AND OTHER CONVEYANCES. 

Time extended SECTION 1. The General Assembly of North Carolina do 

grants^of lanif and enact, That all grants of land in the state, all deeds of con- 
ot er instruments ygyance of the same, all powers ot attorney, and every other 
instrument in writing which is required by law to be regis- 
tered within or by a given time and has not been proved 
and registered within or by such time, may be proved and 
registered within two years alter the passage oi this act 
under the same rules and regulations as heretofore required 
by law ; and when so proved and registered, shall be as good 



1870-'71.— Chapter ISO— 181. 260 

and valid to every intent and purpose as if they had been i 

duly proved and registered ; Provided, That nothing herein Proviso. ! 

contained shall be so construed as to extend to mortgages, ] 

and deeds in trust, and to marriage settlements. 

Sec. 2. That all grants for land, deeds for land, powers of instruments not 
attorney, and other instruments required by law to be regis- yaul^^^ ™* ^ 
tered before the first day of October, one thousand eight 
hundred and sixty-nine, and the same has been duly proved , 

and registered since that time, the said registration shall be | 

as valid and efiectual in law, to every intent and purpose, as \ 

if the said grants, deeds, powers of attorney, and other in- 
struments in writing had been duly proved and registered \ 
before the said first day of October, one thousand eight 
hundred and sixty-nine. 

Sec. 3. This act shall be in force from and after its ratifi- w^^n act to be in ] 

force. \ 

cation. i 

Pwatified the 31st day of March, A. D. 1871. ! 



CHAPTER CLXXXI. 

AN ACT SUPPLEMENTAL TO AN ACT PASSED AT THE PRESENT 
GENERAL ASSEMBLY, ENTITLED AN ACT TO LAY OFF AND 
ESTABLISH A COUNTY BY THE NAME OF SWAIN. 

Section 1. The General Asserahly of Nm'th Carolina do Rights of county, 
enact, That the county of Swain shall be and is hereby 
invested with all the rights, privileges and immunities of 
the counties in this state, except as is hereinafter provided. 

Sec 2. Joseph Keener and J. R. Dills, or either of them, Survey, 
are hereby authorized as surveyors, to employ such assistants 
as may be necessary, and run and make the line between 
the county of Swain and the counties of Macon and Jackson, 
beginning on the line of Cherokee county where the road 
crosses said line leading from Nantahala river to Cheoah, 
and following the line as indicated in an act ratified at the 



270 



1S70-'71.— Chaptee ISl. 



Division of town- 
ahipsj 



County election; 



Townsliip trus- 
tees. 



Sheriflfof Maeon 
county to give no- 
tice of election. 



present session of the general assembly, establishing the 
county of Swain. 

Skc. 3. In running the boundary line atoresaid, it any town- 
ship shall be divided, the fractions of any townships thus made, 
shall be and the same are hereby erected into separate and 
distinct townships, and shall have coqDorate powers for the 
necessary purposes of local government therein, and the 
officers residing within the fractions falling to the counties 
of Macon and Jackson, if any, shall continue to exercise the 
same power in such townships, as if this act had never been 
passed, and in the fractions thus falling to said counties, if 
there are vacancies, the same shall be filled according to- 
law. 

Sec. 4. An election shall be held in the county of Swain 
on the first Thursday in June, one thousand eight hun- 
dred and seventy-one, for the purpose of electing a clerk of 
the superior court, a sheriff, a treasurer, a register of deeds, 
a sm'veyor, five commissioners and a coroner, who, after 
having qualified and filed bonds as required by law, shall 
fill their respective ofiices until their successors shall have 
been appointed, or are elected at their next regular election 
and shall have legally qualified. 

Sec. 5. At the same time as specified in the foregoing 
section, a township board of trustees shall be elected in each 
of the townships in the county of Swain as they now exist, 
or are created by this act, who shall hold their ofiices until, 
the first Thursday in August, one thousand eight hundred 
and seventy-three, and until iheir successors shall have been 
qualified according to law. 

Sec. 6. It shall be the duty of the sherifi" of Macon county 
immediately after receiving a certified copy of this act, to 
to advertise by posting a notice at some public place in each 
of the townships in the county of Swain, including the frac- 
tions aforesaid, that an election will be held in said county 
and in each of said townships, on the first Thursday in June 
next, (1871) for the purpose of electing the officers afore- 
named, in sections three and four of this act. 



1S70-'71.— Chapter ISl. 271 

Sec. 7. It sliall be the duty of the eo\mty commissioners Commissioners of 

" ... Macon county to 

of the count}' ot Macon, and of the sheriff of said connt}', to provide for eiec- 
make all necessary preliminary arrangements for holding 
the election aforesaid, and at the time aforesaid, in the same 
wa}' and manner as if said election wa« to be held in the 
county of Macon, at a regular election ; and it shall be the 
further duty ot the said sheriff, to superintend the holding 
of said election in the same way and manner as if it was held 
in the county of Macon otily, and to eee that the returns 
thereof are duly authenticated and returned to the commis- 
sioners of Macon county at the courtliouse, in Franklin, on 
the second Thursday in June next, (1871) who shall meet at 
that time and place for receiving, comparing and announcing 
the result of said election, and issuing certificates of election 
to such persons as shall have received the greatest number 
of votes, for the several offices as above enumerated, which 
several certificates shall be delivered to the sherifi' elect of 
Swain county, to be delivered by him forthwith to the par- 
ties entitled thereto. 

Sec. 8. The first meeting of the commissioners ot Swain First meeting of 
county shall be held at Coald Spring Meeting House, on the swaiu'county.^ _ 
waters of Alarka Creek, on the tliird Monday in June, one 
thousand eight hundred and seventy-one, for the purpose of 
taking the oatii of office, to be administered by any acting 
justice of tiie ])eace residing in tire county of Macon or Jack- 
son, and said commissioners, after having qualified, shall be 
deemed and taken to be, and shall be duly organized aboard 
of comnn'ssionei's for the county of Swain, with all the ordi- 
nary riglis, privileges and powers of such boards in the 
several counties of this state. 

Sec. 9. The commissioners of Swain county shall, at their piaoc of holding 
first meeting, which may be continued from Monday until 
Saturday inclusive, select, fix upon a place for holding the 
superior court and commissioners courts, until a permanent 
seat of justice shall be determined upon, and a temporary or 
permanent courthouse erected thereat. 

Sec. 10. The sherifi'and other officers to be elected under Bonds of officers, 
the provisions of this act, whose duty it shall be to filebonds, 



272 1870-'71.— Chapter 181. 

shall file the same during the first meeting of the board 

aforesaid, after which they shall have the authority, and 

exercise the rights given respectively to the same officers in 

the other counties of the state. 

Failure to give Sec. 11. Any officer who shall be elected at the election 

bond. . . 

provided for in this act, and who, being required to file a 

bond or bonds, shall fail so to do at the first meeting of the 

board ot commissioners of Swain county, shall be taken as 

declining to fill such office, and a vacancy shall exist, to be 

filled according to law. 

Commissioners of Sec. 12. That the county officers in the counties of Macon 

Macon and Jack- ^ -' 

son counties to and Jackson shall continue in the exercise of all their official 

continue au- . . , , , . „ , r. <-. . / .1 i 

thority. duties withm the limits of the county of bwain, (until the 

commissioners of Swain county are elected and qualified,) in 
the same manner, and to the same extent as if the county of 
Swain had not been established. 

Transfer of cases Sec. 13. That all the civil causes that shall remain on the 

from Superior . - , /. t i -nr • 1 

Court Dockets, superior court dockets of J ackson or Macon county, inclu- 
ding those on the dockets of the judge of probate of Jackson 
and Macon counties, after the first day of May, one thousand 
-eight hundred and seventy-one, in which both plaintift' 
and defendant are citizens of Swain county, shall be trans- 
ferred by the clerks of the aforesaid courts of Jackson 
and Macon, to the county of Swain for trial, under the 
same rules and regulations that govern the removal of 
causes from one county to another, except that no order 
or affidavit of the court, shall be necessary thereto ; and it 
shall be the duty of said clerks to deliver the transcripts 
of record of such suits, to the clerk of the superior court 
of Swain county at least twenty days before the fall term, 
one thousand eight hundred and seventy-one of said court ; 
and all of said causes shall then stand for trial at that term, 
and it shall be the duty of the clerk of said court to pre- 
pare a docket for the trial causes, and to place the causes 
transmitted in the same order that they stood on the dockets 
of Macon and Jackson. 

Criminal actions. Sec. 14. Where criminal actions are now pending in any 
superior court against any citizen of the county of Swain, or 



1870-71.— Chafi'er 181. 273 

where the same shall be instituted at spring term, one thou- 
sand eight hundred and seventy-one, the same shall be con- 
tinued and prosecuted therein as now provided by law. 

Sec. 15. That all persons who may be liable to imprison- J^ii. 
ment under any process, either civil or criminal in Swain 
county, before the completion of the jail therein, may be 
committed to the jail ol either Macon or Jackson county. 

Sec. 16. There shall be a superior court opened and held J^'*'^''^^"'*'' 
for the county of Swain, and on the twelfth Monday after 
the third Monday in August, one thousand eight hundred 
and seventy-one, and on the twelfth Monday after the third 
Monday in March and August, in each and every year there- 
after, at such place as may be determined upon, according 
to the provisions of section nine of this act ; and the judge 
of the twelfth judicial district shall preside thereat. 

Sec. 17. That William K. Crawford and F. P. Allison of SeTlutoT*' 
Jackson county, and R. V. Welch of Haywood county, and county seat. 
James D. Franks and Alfred Hall of Macon county, be and 
they are hereby appointed commissioners to select and 
determine upon a site for a permanent seat of justice for the 
county of Swain, and for that purpose shall meet at Frank 
Leaches, near the mouth of Nantahala river, on Monday, the 
eighteenth day of June, one thousand eight hundred and 
seventy-one, and if a majority of said commissioners be 
present they shall proceed from day to day to examine such 
localities as any two of said commissioners may deem it 
necessary to \asit, ir. selecting a suitable site for a permanent 
seat of justice for Swain county. If a majority of said com- 
missioners shall agree upon a single point or place, the same 
shall be the seat of justice for said county, and they shall 
report this fact without delay in writing, to the chairman of 
the board of commissioners of Swain county. But in case a 
majority of said commissioners shall not concur in any one 
point or place, then they shall name two places and certify 
the same to the chairman aforesaid in writing ; and in that 
event the county commissioners of said county shall take 
such action, and make such arrangements as may be necessary, 
to submit the question of place to the qualified voters in 



274 1ST0-'71. -Chapter 181. 

Question may be said coiintv at an election to be held on tlie first Thursday 

submitted to .. , ipi.ii.it,, 

voters. m August next, the result ot which election shall be ascer- 

tained by the sheriff, and certified to by him in writing to 
the board of county commissioners aforesaid, and the place 
receiving the liighest or greatest number of votes, shall be 
the permanent seat of government of Swain county. 

County seat to be Sec. 18. When a permanent seat shall be determined 
named Charleston *■ 

upon accoi'ding to the provisions ot section seventeen of this 

act, the county commissioners shall proceed at once to pro^ 
cure, by donation or purcliase, not less tlian twenty-five nor 
more than two imndred acres of land within one mile of the 
selected point, whicli land shall be coiiAeved to the chair- 
man of the board ot county commissioners and his successors 
in ofiice foi"ever, for the use of said county ; and furtlier, 
they shall take such action as may be necessary to have said 
land laid off in lots and streets of such size and width as 
they may deem right and proper in said town, which shall 
be called Charleston, and shall be the yeat ol'jastice for said 
county ; and after designathig such of the lots as shall be 
kept for public purposes, the said county commissioners, 
after thirty days public notice, made in such manner as they 
may deem best, shall expose said lots, or such of them as 
they think should be sold, to sale at public auction, on a 
credit of one, two and three years, with interest from date, 
taking bond and security of tlie purchaser therefor, payable 
to the chairman of the county commissioners of said county, 
who shall hold the same subject to the order of his board. 

Distribution of Sec. 19. That until otherwise provided, the distribution 

school fund. ^ ' 

of the school fund shall be made, and the manaffement 

thereof in said county of Swain, continued, as if this act and 
the act establisliing Swain county bad never been passed. 
Representation in Sp:c. 20. That tiie counties of Macon and Jackson shall 
continue to be represented in the general assembly as here- 
tofore, and the qualified voters taken from said counties 
shall continue to vote with the counties to v/hich they here- 
tofore belonged, except in elections for county officers, until 
the general assembly shall otherwise provide, and the sheriffs 
of Jackson and Macon counties shall continue to hold all 



General Assembly 



1870-71.— Chapter 181. 275 ; 

\ 

elections, save those excepted in this section, at tlie same I 

times and places in all the territory heretofore compre j 
hended in their respective counties, and under the same 

rules, regulations and restrictions, and make the same :, 

returns, as if the act establishing the county of Swain and | 

this act had never been ])assed. ! 

Sec. 21. The register ol deeds in Jackson county shall, on J™^f ^'.^^ff/'- ; 

or before the first Monday in June next, lurnish to the Jackson county. ! 

register of deeds of Swain county a certified list of all claims ' 

due citizens of Swain county, with the proper number of ^ 

such claims prefixed, and mark each of such claims on his • I 
own docket, "transferred to Swain county," and shall trans- 
mit the same to the register of deeds in said county of Swain 
who shall enroll the same for payment therein, according to 
their numerical order. 

Sec. 22. That after the organization of said county of Apportionment of j 

^ , "^ . county deot. I 

-Swain, it shall be the duty of the commissioners of Swain i 

county to appoint one or more persons who may be mem- j 

bers of their boards, to meet with the same number of per- 1 

sons appointed in the same manner by the commissioners of 

Macon county, whose duty shall be to examine and ascertain ; 

the amount of the outstanding debts of Macon county, at the 

ratification of this act, and to agree and report to their respec- | 

tive boards the amount of such debts, and also the equitable 1 

proportion of said debt that should be assumed by the county ; 

of Swain, also the manner in w^hich said equitable propor- j 

tion may be paid, and the time in which it may be paid. ■ J 

Sec. 23. This act shall be in force from and after its rati- wiicn act to be in ; 

fication. j 

Ratified the 31st day of March, A. D. 1871. ! 



276 1870-'71.— Chapter 182. 



CHAPTER CLXXXri. 

AN ACT TO CHANGE THE TIME OF HOLDING THE SPRING TERM 
OF THE SUPERIOR COURTS OT BEAUFORT AND PITT COUNTIES 
FOR THE YEAR ONE THOUSAND EIGHT HUNDRED AND SEVEN- 
TY-ONE. 

Spring terms of SECTION 1. The General Asseiyibly of North Carolina do 

court for Beaufort mi i • /• i • > i 

and Pitt counties, enact, Ihat the spring term oi the superior courts oi the 
counties of Beaufort and Pitt, for tlie year one thousand 
eight hundred and seventy-one, shall be held as follows, to- 
wit : the court of Beaufort on the fourteenth Monday after 
the third Monday in February, and the court of Pitt on the 
sixteenth Monday after the third Monday in February. 

Sec 2. That all process, recognizances and other legal 
proceedings m civil and criminal actions which have already 
been issued and had, or which may hereafter be issued 
and had, returnable to the spring term of said courts of Beau- 
fort and Pitt, in the year one thousand eight hundred and 

Returns. seventy-one, shall be deemed and held returnable to the 

terms of said courts as now fixed by this act, and all persons 
who have been recognized or bound, or summoned to appear 
at the spring term of said courts for the year one thousand 
eight hundred and seventy-one, are hereby required to appear 
at the terms thereof as prescribed in this act ; and the secre- 
tary ol state shall forthwith cause this act to be published 
and furnish the sheriffs and clerks ot the superior courts of 
Beaufort and Pitt with a copy of this act. 

Repealing clause. Sec. 3. That all laws and parts of laws inconsistent with 

this act are hereby repealed. 

When act; to take Sec. 4. That this act shall take effect from and alter its 
effect. ,.f. ,. 

ratmcation. 

Ratified the 31st day of March, A. D. 1871. 



1870-'71.— Chapter 183. 27T 



CHAPTEK CLXXXIII. j 

AJf ACT TO AUTHORIZE THE COMMISSIONERS OF JOHNSTON COUNTY 

TO ISSUE BONDS FOR THE PURPOSE OF FUNDING AND PAY- ] 

ING OFF THE COUNTY DEBT. ] 

I 

Section 1. The General Assembly of North Carolina do Coupon bonds. I 

enact^ That in order to liquidate the debts of the county of ' 

Johnston, the commissioners of said county are hereby au- i 

thorized to issue coupon bonds, not exceedinsr in amount the . . ^ ^ I 

^ 2 '=' Amount and de- \ 

sum of ten thousand dollars, in denominations of not less nominations. j 

than ten nor more than one hundred dollars. ' 

Sec. 2. Tliat said bonds shall fall due and be pa^^able jBve Time and interest.^ \ 

years from the date of their issue, and shall bear interest at * 

the rate of six per cent, per annum, and the coupons or said : 

bonds shall be receivable in payment of the county taxes for j 

any fiscal year in which they may fall due, and said coupons \ 

shall be payable on the first day of October in each year. "^ 

Sec 3. That said bonds and the coupons thereon shall be Bonds how issued. \ 

issued by the chairman of the board of commissioners and \ 

countersigned by the clerk of the board, which latter ofiicer 

shall keep a book suitable for the purpose, in which he shall ; 

keep an account of the number of bonds issued, their amount j 

and to whom issued, and the amount of bonds and coupons j 

received and cancelled, that upon an inspection of said book 1 

a true state ot the county debt may be seen, for which \ 

service he may receive a reasonable compensation to be fixed ' 

by the board. 

Sec. 4. That said county commissioners shall have the Bonds may be re- I 

privilege to redeem said bonds at any time alter the expi- ^°™*^ ' j 

ration of one year, and it shall be the duty ot the county I 

treasurer each year to apply the proceeds of the tax raised 1 

under section five of this act, first to the payment of the j 

coupons ot said bonds ; second, to the payment of any debts ^ 

due by the county, and lastly, under the order of the com- : 

missioners to set apart any overplus of said tax as a sinking ' 

fund to meet said bonds wlien due. 



278 



1870-'71.— Chapter 183—184. 



Special tax. 



"Whenjact to be in 
iforce. 



Sec. 5. That said commissioners of Johnston county are 
hereby authorized to levy a tax of not more than one-seventh 
of one per cent, on the real and personal property, (and on 
each taxable poll of said county tax, in pi-oportion to three 
hundred dollars worth of property as required by the con- 
stitution,) of said county tor the purpose of paying interest 
upon and redeeming said bonds and such debts as are now 
or may be contracted lor prior to the first of January, one 
thousand eight hundred and seventy-five. 

Sec. 6. That said commissioners be authorized to levy 
said tax from year to year until all the bonds and debts of 
said county are paid, to the first day of January, one thou- 
sand eight hundred and seventy-five. 

Sec. 7. That this act be in force from and after its rati- 
fication. 

Katified the 1st day of April, A. D. 1871. 



CHAPTER CLXXXIY. 



AN ACT FOR THE PROTECTION OF FAIR GROUNDS. 



Appointment of 
police. 



Policemen to be 
sworn. 



Powers. 



Section 1. The General Asserably of North Garolina do 
enact, That any agricultural, horticultural or other society 
for the encouragement of agriculture or mechanical or other 
industrial art or business, incorporated by any law of this 
state or acting under a general law, shall, for the preservation 
of order and the protection of exhibitions, have power by 
their executive committee or other authorized officers, to 
appoint policemen with the powers and duties hereafter 
mentioned. 

Sec 2. Such policemen shall be sworn to the performance 
of their duty before a judge, mayor or other chief officer uf 
any city or town, or any justice of the peace, whereupon 
they shall have the same .power and duties for the arrest of 
criminals and disorderly persons a? are possessed by the con- 



1870-'71.— Chapter 184. 279 

stables or policemen of any city or town, within the lair j 

grounds or within one hundred yards thereof, and such 
power and authority shall continue for a period extending ] 

from Friday before the week of the tair to Tuesday after : 

the same, both inclusive. • 

Sec. 3. It shall be the duty of such policemen to assist in Duties of police. ' 

carrying into effect the rules and regulations adopted by the 
lawful authorities of such agricultural or other societies as ; 

aforesaid, and any drunken or disorderly person, or any 
person who shall, after being warned, continue to break j 

the rules or regulations of the society, may be excluded or 
removed from the fair grounds, and if after being so excluded, 
he shall offer to enter the same without the permission of 
the society; he shall be guilty of a misdemeanor. j 

Sec. 4. If any person shall, without license of the owner, vioiation'of rules I 
or any agricultural or other society as aforesaid, unlawfully ^pj^^^qq^ * °"^' ' 

carry away, remove, destroy, mar, deface or injure anything ■ 

animate or inanimate, while on exhibition on the grounds of \ 

any such society, or going to or returning from the same, 
he shall be guilty of a misdemeanor. It shall be sufficient j 

in any indictment for any such offence, or for the larceny of Penalties. j 

any such thing, animate or inanimate as aforesaid, to charge 
that the thing so carried away, destroyed, marred, injured, 
or feloniously stolen, is the property of the society to which i 

the said thing shall be forwarded for exhibition. j 

Sec. 5. Anything animate or inanimate shall not be liable Exemptions from 1 
to seizure under execution, attachment or other process of euUGnVAc*^*^ ^^^" 
law, while on exhibition on any fair grounds of any such 
society as aforesaid, or going to or returning from any such 
grounds ; such exemption being only for a period of five i 

days before and five days after any fair. j 

Sec. 6. Any agricultural society shall have power to society may ap- 1 

appoint an auctioneer to sell at auction things animate or ^^"^^ auctioneer. j 

inanimate, which have been exhibited at any fair on the I 

fair grounds, and such sales being made during the week of J 

the fair, shall not be liable to taxation, nor shall such auc- | 

tioneer, selling only as aforesaid, be liable to pay a license ; I 

tax. 

16 



280 



1879-'71.— Chaptek 184—185. 



men act to be ia Sec. 7. All laws or parts of laws coming in conflict with 
any of the provisions of this act, are hereby repealed. 

Sec. 8. This act shall be in force from and after its rati- 
fication. 

Katified the 1st day of April, A. D. 1871. 



CHAPTER CLXXXV. 

AN ACT TO INCOKPOKATE THE WARRENTON AND MACON TURN- 
PIKE COMPANY. 



Corporate name. 



Corporators. SECTION 1. The General Assembly of North Carolina do 

enact, That Edward Hall, B. J. Egerton, Sam'l. W. Doutine, 
J. D. North and E. H. Plummer, and such other persons 
as may associate with them for thepm-poses hereinafter men- 
tioned, be and they are hereby declared a body politic and 
corporate, under the name of the Warrenton and Macon 
Turnpike Company^ for the purpose of constructing a turn- 
pike road between the town ot Warrenton and Macon sta- 
tion, on the Raleigh and Gaston Railroad, and that under 

Location of road, said corporate name may sue and be sued, plead and be im- 
pleaded, have perpetual succession and a common seal. 

Sec. 2. That said persons or any two of them may open 
books in Warrenton and keep them open until the whole of 
the capital stock of said company, which shall consist of 
sixty shares of fifty dollars each, shall be subscribed. 

Sec. 3. That the stockholders shall elect annually a board 
of not less than three directors, which directors shall choose 
a president, who, with the said directors, shall continue in 
oflfice until the next annual meeting of the stockholders, and 
until their successors shall be elected ; but no failure to elect 
shall work a forfeiture, and in the absence of the p«\esident, 
a majority of the board of directors may appoint a president 
Ijre tem.j for the dispatch of business, and the board may 
supply a vacancy in their body until the next annual meet- 
ing after such vacancy shall occur. 



Capital stock and 
shares. 



Board of Direct 
ors. 



President. 



Vacancies. 



1S70-'71.— Chapter 185—186. 281 | 

Sec. 4. That in all other things the said company shall be Powers, priviiegea | 
governed by the provisions of the act in relation to turnpike ' " ' ! 
and plank road companies as contained in the revised code, , 
chapter sixty-one, and shall have all the necessary and usual ; 
privileges of making by-laws for its government, condemn- 
ing land, collecting taxes, requiring bonds of its officers, and i 
representatives of stock by proxies. '* 

Sec. 5. This act shall take effect from and after its ratifi- When aet to take ! 

efFect. 

cation. ! 

Ratified the 1st day of April, A. D. 1871. I 



CHAPTER CLXXXYI. 

AN ACT IN RELATION TO FISHING IN THE WATERS OF PAMLICO 
AND TAR RIVERS, AND OF TRANTEr's CREEK, 

Section 1. The General Ass&tnbly of North CaroliTUt do Restrictions oa 
enact, That it shall not be lawful lor any person to draw a ^^^°® ® °^' 
seine or net in the waters of Pamlico, or Tar river, or of 
Tranter's creek, between the blockade near Hill's Point, 
below the town of Washington, and the falls at William S. 
Battle's factory, or from the mouth of Tranter's creek to the 
Myers' mill-dam, on said creek, alter the hour of noon on 
Saturday's until daylight on Monday mornings in the months 
of February, March, April and May. 

Sec. 2. That any person violating this act shall, for each violation of this 
separate offence, be guilty of a misdemeanor, and on con vie- ^^^t a misdemeanor 
tion thereof, shall be fined or imprisoned at the discretion of 
the court, the fine not to exceed fifty dollars and the impris- 
onment not to exceed one month. 

Sec. 3. That an act entitled an aot in relation to drawing Repeal. ^ -j 
seines in the waters of Tar river and Tranter's ereek, rati- 
fied the twenty-eighth day of March, anno doraini one thou- 



282 



1870-'71.— Chapter 186—187. 



sand eight hundred and sevent}'-, be and the same is hereby 
repealed. 

Whea act to be in Sec. 4. This act shall be in force from and after its ratifi- 
cation. 
, Katified the 1st day of April, A. D. 1871. 



force. 



CHAPTEK CLXXXVII. 

AN ACT IN EELATION TO THE MEADOWS OF ROCKINGHAM 

COUNTY. 



Eiver Dan a law- 
ful fence. 



Smith river. 



Gates upon public 
roads. 



Fence law to be 
submitted to 
voters. 



Section 1. The General Assemhly of North Carolina do 
enact, That the river Dan shall be a lawtul fence from the 
state line near Perkin's ferry to the Leaksville bridge, near 
mouth of Smith river. 

Sec. 2. That Smith river shall be a lawtul fence from its 
mouth to the state line. 

Sec. 3. That it shall be lawful for the citizens living 
north of Dan and east of Smith river to keep, free from 
taxation, gates across the public roads where the said roads 
intersect said section, and that one gate can be placed west 
of Smith river near Island pond. 

Sec. 4. That Geo. S. Aiken, Geo. Pilvy, Geo. W. Martin, 
Sheila Hamlin and Granderson Broadnax, or any three of 
them, shall open polls at Blue creek schoolhouse on Satur- 
day, April twenty second, one thousand eight hundred and 
seventy-one, when the qualified voters living nortli of Dan 
and east of Smith river in Rockingham county may vote for 
or against the fence law. Those wishing to have no fences in 
said limits shall vote, " ISTo fences ;" those wishing to keep 
the fences in said district shall vote, " For fences ;" and if 
a majority of said votes cast shall be "I^o fence," then 
chapter forty-eight of revised code shall cease to be in force 
within said limits, and if any live stock trespass upon or 
damage the lands or crop within said limits, the said live 



1870-'T1.— Chapter 187. 283 | 

stock may be taken up by the owner or renters of lands or ) 

crops so damaged, and said owners or renters shall make injury by Uvo ! 

complaint to a justice of the peace, who shall issue a sum- ^*°^^- ^ 

mons, directed to any lawful officer of his county, com- ^ 

mandino; him to make known to the owner of such live stock i 
such complaint and the time of trial, and shall also summon 

three voters of said district, unconnected with either party, j 

to appear before him, who, after being sworn by the justice, j 
shall view and examine, and ascertain and assess what 

damage has been or may be sustained by reason of such i 
trespass, and certify the same under their hands, and the Damages. 
justice shall enter judgment against the owner of the stock 

for the damages assessed, costs of suit and expenses of keep- .; 

ing said stock by owners or renters of the land or crop j 
damaged, and shall issue execution therefor ; and if said ' i j 

execution is not forthwith paid, the officers of the court shall, ] 

after ten days notice, sell at public auction the live stock i 

which committed the trespass, whether the said stock be ! 

taken up by the owner or renters of land, or be in the ' 
possession of the owner of said stock ; and if any person 

shall, with gun, dog or otherwise, unreasonably chase, worry, ^ 

maim or kill any such stock, or cause the same to be done ] 
when trespassing upon his lands or crops, the occupant of 

the premises, on complaint being made to the justice of the i 

peace as aforesaid, shall make full satisfaction for all such ' j 

damages to the party injured, to be ascertained and recovered ; 

as provided in this section. ] 
Sec. 7. This act shall be in force after its ratification. ^^^^^^^ ^^^ to be in ' 

Ratified the 1st day of March, A. D. 1871. force. j 



384 1870-'71.— Chapter 188—189. 



CHAPTEKCLXXXYIII. 

AN ACT KEQUIRIKG ALL STATE, COUNTY ANT; MUNICIPAL OFFICER& 
TO BE VOTED FOR ON A SEPARATE BALLOT. 

Candidates to be SECTION 1. The General Asse'inMv of North Carolina do 

voted for on sepa- , mi , • n i ,• i ,. i i i i • i • 

rat^ btdiots. enact, Inat m all elections hereaiter to be held in tins state 

for all state, county and municipal officers, candidates 

for each of the different offices shall be voted for on a 

Proviso. separate ballot, either printed or written ; Provided, That 

candidates for the office of county commissioners, candidates 
for seats in the house of representatives, in such counties as 
are entitled to two or more members, and candidates for 
seats in the senate in the districts that are entitled to two or 
more senators, shall be voted for on one ballot, for their 
respective offices. 

SepaMte ballot ^^^* ^* ^^^ county commissioners shall provide separate 

boxes. boxes in which to deposit the ballots cast for every election 

precinct in their respective counties, for each class of officers 
to be voted for. 

R^eaiing clause. ^TS.c. 3. That all laws and parts of laws in conflict with 
this act are hereby repealed. 

Wheo act to be in Sec. 4. This act shall be in force from and after its ratifi- 

^^'^^^ cation. 

Katified the Ist day of April, A. D. 1871. 



CHAPTER CLXXXIX. 

AN ACT TO INCORPORATE THE HAYWOOD AND CANE CREEK 
RAILROAD COMPANY. 

Capital stock. SECTION 1. The General Assenibly of North Carolina do 

emact, That a company is hereby authorized to be formed 
with a capital stock of three hundred thousand dollars, with 



1ST0-'71.— Chapter 189. 285 

po\rer to increase the same to double that amount, to be 
divided into shares of fifty dollars each, to be known as the Shares. 
Haywood and Cane Creek Railroad Company, tor the pur- corporate'name. ' 
pose of building and constructing a railroad with one or 
more tracks, to be used with steam or other motive powei" 
from or near the town of Haywood, or some other point Location of road, 
between the Haw and Deep rivers, in the county of Chat- 
ham, via Pittsboro', the most practicable route to or near the 
Alamance line ; and such company, when formed as here- 
after directed, shall have power to receive, possess, own and 

- . -, T , 1 1 Coiporate rights, 

transter real and personal propert}'^, to have a common seal, 

and to pass such by-laws, not inconsistent with the laws of 

the state, as may be necessary to carry out the objects of the 

corporation ; shall be capable in law of suing and being 

sued, pleading and being impleaded, and shall have all the 

rights of other corporate bodies under the laws of the state, 

to condemn land for ri^ht of way not exceedino- one hundred Ri<rht to condemn 

feet on each side ot the centre of the track, and all other 

pui-poses usually granted to railroad companies, and shall 

have the exclusive right to transfer and carry persons, pro- Exclusive rights. 

duce, merchandize, minerals and all other articles on and 

along such railroad, at such prices as they may fix. 

Sec. 2. Be it further enacted, That for the ptirpose of corporators, 
creating the capital [stock] of such compan}-, B. J, Howze, 
A. R. Smith, A. J. Bynum, A. T. Lambeth, J. W. Scott, 
Hon, John Manning, AY. C. Thomas, John A. Womack, H. 
A. London, jr., A. Rencher, L. J. Haughton, W. V. Had- 
ley, James Pace, Robert Love, Carney Bynum, R, J. Powell, 
H. O. Durham, Thomas Dixon, Robert Alston and W. G. 
Albriglit, or a quorum of them, are hereby appointed com- 
missioners, whose duty it shall be as soon after the passage 
of this act as may be, to appoint such persons to open books Books of sub- 
of subscription at such places and at such times as to them ^*"P ^''°" ' 
shall deem best, and under such rules and regulations as 
they may prescribe, and five of said commissioners shall be 
a quorum for the transaction of any business. 

Sec. 3. "Whenever five per cent, of the capital stock shall 
have been subscribed by solvent subscribers, it shall be the 



286 



18T0-'71.— Chapter 189. 



Meeting of stock- 
holders. 



Directors. 
President. 

Proviso. 



Manner of pay- 
ment of stock. 



Treasurer and 
Secretary. 



Annual report. 



duty of tlie commissioners, aforesaid, to call a general meet- 
ing of the stockholders, after giving such notice as to them 
shall seem sufficient, and at such times and places as they 
shall determine, and at all general meetings of said stock- 
holders, not less than a majority of all the stock subscribed, 
shall constitute a quorum lor the transaction of business, 
and said stockholders, when so met in general meeting, shall 
have power, and it shall be their duty to elect seven direc- 
tors, who shall, out of their number, choose a president for 
said company, and in enacting such by-laws as may be neces- 
sary, each share of stock represented, either in person or by 
proxy, shall be entitled to one vote ; Provided, If a ma- 
jority of such stockholders shall not attend said first general 
meeting, such as do attend and are present may adjourn 
from time to time until a majority shall appear. 

Sec. 4. It shall be the duty of said stockholders, at their 
first general meeting, to prescribe the manner and time in 
which payment of stock on the subscription books shall be 
made. 

Sec. 5. It shall be the duty of the president and directors 
of said company to appoint a treasurer and secretary, who 
shall remain in office such length of time as the company in 
their by-laws shall determine, and said president and direc- 
tors shall remain in office one year and until others are 
chosen, and shall have a general direction and management 
of the affairs of said company, and shall appoint some suita- 
ble person as engineer, whof^e duty it shall be to make the 
necessary surveys for the location of said railroad, and 
furnish the president and directors with such survey or sur- 
veys, and estimates of the cost. Said directors shall have 
power to fill any vacancy that may occur in their board and in 
the absence of the president to elect one for the time ; it 
shall be the duty of the secretary to keep a fair and correct 
record of the proceedings of the stockholders in general 
meeting, in a book to be provided for that purpose. 

Sec. 6. The president or board of directors shaP, at least 
once a year, make a full report on the state of the company 
and its aflfairs, to a general meeting of the stockholders, and 



1870-'71.— Chapter 189. 287 \ 

I 

oftener if required by any by-law of the company, and also '. 

call general meeting of the stockholders ^yhenever tliey may Meetings. , 

deem it expedient, and the company may provide in their i 

by-laws for occasional meetings being called and prescribe j 

the mode thereof | 

Sec. T. That all persons, the coumiissioners of any county, ^^J'^^j;jPf^2iT ^^ : 

or the authorities ot any incorporation, shall have full power ■ 

and authority to subscribe to the capital stock of said com- i 

pany, to the amount they shall be authorized to do by the i 

electors of any county or incorporated town, or the proper i 

authorities of any corporation to the amount they shall be ; 

authorized to do by the electors of said county or town ; and J 

they may issue bonds or other evidences ot debt to enable j 
them to boiTow money to pay such subscription to be made ' ^ 
by any agent or agents of such county, town or corporation 

properly authorized by them to make the same, when so • 

made, shall be binding on such county, company or corpo- . 

rate body, in the same manner and to the same extent that j 

it is on the individual subscribers, and such body corporate, j 

or company or county shall be represented in all general I 

meetings ot the stockholders. The commissioners of any ' 

county proposing to subscribe for stock as aforesaid, shall i 

have authority to take all measures consistent with this act, | 

and the laws of the state, for registration of voters, holding ; 

the election, and returns of the result of the same, and if I 

said subscription be approved they shall have power to take j 

all measures proper for carrying the same into effect. ' 

Sec. 8. The Haywood and Cane Creek Eailroad Com- subscription iu j 

pany sliall have power to receive subscriptions to its capital '^''°'"' *^- j 

stock, payable in labor, in real or personal property, at such ! 

valuation as may be agreed on between the company and the i 

subscribers. i 

Sec. 9. Said company shall have authority at any time after May lease fran- 
its organization to arrange with any other railroad company 
or corporation, by lease or otherwise, for the use of the fran- 
chise and property of the same, upon such terms as may be 

agreed upon. And any such railroad or other corporation ^ 

shall have power to effect sucli arrangement. ] 

i 



288 1870-'71.— Chaptek 189. : 

I 

Issne bonds. Sec. 10. It shall be lawhil for the said Haywood and Cane j 

Creek Railroad Company to issue bonds or other evidences i 

of debt, at a rate of interest not exceeding the maximum < 

allowed by law, and to secure the payment of principal and | 

interest by mortgage or otherwise, and it shall be lawful for ) 

any other corporation to guarantee the payment of any of ] 
Discriminations ^^e bonds or other evidences of debt so issued. But it shall 

in freight, &c. ^^^^ ^^ j^^^^f^^l ^.^j. ^j^^ Chatham Railroad Company to dis- , 

crhninate in its freight or passenger tariffs against that i 

portion of its road west of the junction with said Haywood ; 

and Cane Creek Railroad, in any manner to effect such dis- i 

crimination, but that all rates of freight per mile in said 

road from Haywood, east, shall be the same as that passing j 

over the said road wcst of said junction. 

Exchangeof bonds Sec. 11. The Chatham Railroad Company *^hall hav& ; 
with Chatham R. ^ . i , -, r • , xr , , ^ i 

R. &c. power to guarantee the bonds of said Haywood and Cane ' 

Creek Railroad Company, or to exchange bonds with the ' 
same to an amount not exceeding sixt}^ thousand dollars,, ; 
taking a mortgage on the franchise, property and effects of i 
said company to secure the principal and interest of the i 
bonds so received by the said Chatham Railroad Company ;, ^ 
and the said Chatham Railroad Company shall likewise have j 
power to aid the building of a railroad from some point at j 
or near Carthage to Ashboro', in like manner and to the 
same extent as it may, as above mentioned, aid the building ^ 
Repealing clause, of the Hay wood and Cane Creek Railroad. The proviso of ti 
section one of an act entitlod " an act to extend tlie Chatham .; 
Railroad," ratified third day of August, one thousand eight i 
hundred and sixty-eight, and the second section ot said act | 
are hereby repealed, and all provisions requiring said Chat- i 
ham Railroad Company to have the gulf as a terminus in , 
the Deep river region, are likewise repealed. y 

Conditions of Sec. 12. All amendments of the charter of the Chatham • 

charter™©^ ^Chat- Railroad Company, made by this act, shall take effect only ', 
uj)on the condition that the said Chatham Railroad Com- 
pany shall subscribe to the capital stock of the Haywood « 
and Cane Creek Railroad Company the sum of one hundred ■ 
and twenty-five thousand dollars, and pay the same into the i 



ham R. R. Co. 



1870-71.— Chapter ISO— 190. 28*> 

treasury of tlie said Ilajwood and Caue Creek Railroad 
Company, to be applied as speedily as possible to the con- 
struction of said railroad ; Aiid.) jprcwided^ that as many as Proviso. 
four directors of said Haywood and Cane Creek Railroad 
Company shall be citizens of Chatham county, and stock- 
holders in said company. 

Sec. 13. Said company may bea-in the constrnction of said Commencement 

■^ "^ •' of conetruction. 

road at any point on the line of location, according to their 
discretion, and that for any portion of said road, actually 
constructed, the said company shall be entitled to all the 
privileges of this act into and over such part so constructed. 

Sec. 1-1. That this act shall be in force from its ratifi- When act to be in. 

force 
cation. 

Ratified the 1st day of April, A. D. 1871. 



CHAPTER CXC. 

AX ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF NASH 
COUNTY TO LEVY A SPP:0IAL TAX. 

Section 1. TJie General Ame^nhly of North Carolina do Limit and object 

enact, That the county commissioners of Nash county be <^^'^^- 

and they are hereby authorized to levy and collect, in the 

Bame manner as other taxes are levied and collected, a 

special tax not to exceed two thousand five hundred dollars 

to defray the current expenses of tlie county and tor other 

purposes ; Provided, That the same amount shall be levied 

on each taxable poll as is levied on three hundred dollars 

worth of i)roperty. 

Sec 2. Tliis act sliall be in force from and after its ratili- When act to belia 

f 01 ce. 

cation. 

Ratified the 1st day of April, A. D. 1871. 



290 



1870-'71.— Chapter 191. 



CHAPTER CXCI. 



AN ACT FOB THE BETTER GOVERNMENT OF THE PENITENTIARY.! 



Officer of Com- 
missioners and 
others abolished. 



Board of Direc- 
tors. 



Warden and sub- 
ordinate officers. 



Compensations to 
Board and officers 



Vacancies in 
Board. 



Section 1. The General Assembly of Non'ih Carolina do 
enactj That the offices of commissioners for the erection of 
a penitentiary, and the offices of architect and superinten- 
dent of said penitentiary, created or authorized by the act of 
one thousand eight hundred and sixty-eight and one thou- 
sand eight hundred and sixty-nine, chapter two hundred 
and thirty eight, or by another act, are hereby abolished, 
the abolition to take effect on the third Monday of April, 
anno domini one thousand eight hundred and seventy-one. 

Sec. 2. That Alfred Dockery, of Richmond, Wm Boylan, 
of Wake, M. A. Bledsoe, of Wake, G. W. Thompson, of 
Chatham, and C. H. Coffield, of Harnett, are appointed a 
board of directors of the penitentiary, to whom shall be com- 
mitted the government of the institution, and who shall hold : 
office for four years from the first day of January, one thou- 
sand eight hundred and seventy-one. \ 

Sec. 3. That said board shall have power to appoint a I 
warden, who shall be a skilled engineer, and such subordi- ! 
nate officers, employees and guards as the said board shall 
deem necessary. The duties of the warden shall include the 
supervision of the erection of the penitentiary, as well as 
the general control therein, subject to the control of the 
board. 

Sec. 4. That said board shall be allowed all necessary ex- 
penses incurred in the discharge of their said duties, and 
shall have power to fix the pay of all subordinate officers 
and employees of said penitentiary. 

Sec. 5. That any vacancy occurring in said board shall be 
filled ad interim until the next meeting of the 'general 
assembly by the board, a majority of those remaining voting 
in favor of the person so appointed, and three members of 
the board shall be a quorum for the transaction of any busi- 
ness. 



commissioners. 



' ^ 1870-'71.— Chapter 191—192. 291 

Sec. 6. That all powers conferred, and all restrictions Powers of com- 

mifisioucrs confer- 

imposed by the aforementioned act on the board of commis- red on Directors, 
sioners, are re-enacted and made to apply to the board of 
directors, except in so far as they may conflict with this act. 

Sec. 7. That said board of directors shall go into office on Transfers by I 
the third Monday in April, anno domini one thousand eight 
hundred and seventy-one, and the board of commissioners 
aforesaid are directed to turn over all books, papers, money, 
material, &c., within the control of the penitentiary, to the 
board of directors, and to account with them fully for all 
pnblic funds that shall have come into their hands. 

Sec. 8. That the general assembly shall, on the first Mon- Election of Di- 
day of December, anno domini one thousand eight hundred 
and seventy-four, and on the first Monday of December, 
every fourth year thereafter, elect a board of directors of the 
penitentiary, who shall assume the duties and authority of 
office on the second Monday next following their said elec- 
tion. 

Sec. 9. That no contract for work, material or other Contracts and 
service shall be given or awarded to any member of the 
board of commissionei-s, either directly or indirectly. That Repealing clause., 
all laws in conflict with this act are repealed. 

Sec. 10. That this act shall be in force from the third when act to be in 
Monday in April, anno domini one thousand eight hundred ^^'■'^^• 
and seventy-one. 

Eatified the 1st day of April, A. D. 1871. 



CHAPTER CXCII. 

AN ACT FOR THE RELIEF OF J. W. SCIIENCK, JR., SHERIFF OF 
NEW HANOVER COUNTY. 

Section 1. The General Assernhly of North Carolina do suspension of act 
enact, That the provisions of an act entitled "an act to com- ' 

pel sheriffs to settle the public taxes, ratified March twenty- 



•292 1870-'T1.— Chapter 192-193. 

li]'st, one tliousand eight Iniudi-ed and seventy-one," as far 
as it may be applicable to J. W. Schenck, jr., sheriff of New 
Hanover county, be and they are hereby suspended until thei 
tenth day of May, one thousand eight hundred and seventy- 
one. 
Time of settiino- ^^^- ^- That a joint resolution of the general assembly, 

foi- taxes ex- entitled " a resolution in favor of J. W. Schenck, jr., sheriff 

teuded. _ . 

of Kew Hanover," ratified March thirty-first, one thousand 

eight hundred and seventy-one, be and is hereby amended 

so as to extend the time allowed said J. W. Schenck, jr., to 

settle with the state treasurer, so far as it relates to settling 

for state purchases of land for taxes, until May tenth, one 

thousand eight hundred and seventy-one. 

When act to be in Sec. 3. That this act shall be in force from and after its 

^'*'^""- ratification. 

Eatified the 1st day of April, A. D. 1871. 



CHAPTEE CXCIII. 

AN ACT TO REGULATE THE EIGHT OF VOTING IN CASES WHEKE 
COUNTY LINES HAVE RECENTLY BEEN ALTERED. 

Jiicetors to maiie SECTION 1. The General Assembly of Non'tJi Carolina do 
Son'.^*'^^^***'*' enact^ That in all cases in which, by an act of this general 
assembly, a portion of any county has been or shall be trans- 
ferred to some other county, electors residing in the territory 
transferred, shall, on making oath that they have not regis- 
tered or voted elsewhere during any election to be held tor 
and in the county to which they have been attached, be en- 
titled to register and to vote at such election in any town- 
ship of said county which lies contiguous to the territory so 
attached ; Pi^ovided, That this act shall have effect only 



« 



1S70-'71.— Chaiter 193—194. 293 

until such territory shall be incorporated according to laws 
in some township ot said county. 

Sec. 2. That this act shall be in force from and after its w^^n act to be in 

force. 

ratihcation. 

Katified the 1st day of April, A. D. 1871. 



CHAPTER CXCIV. 

JlN act to amend " AN ACT TO DECLARE THE BREVARD 
FRENCH BROAD AND JONEs' GAP ROAD A TURNPIKE." 

Section 1. The General Assembly of Nmih Carolina do Act of March 14, 
mi • /. 1 1 • i: 1*^™' amended. 

enact, That sections forty-three and tour oi an act to declare 

the Brevard, French Broad and Jones' Gap Road a Turn- 
pike, ratified the fourteenth day of Mai-ch, anno domini one 
thousand eiglit hundred and seventy, be amended so as to 
read as follows : 

Sec. 2. The said commissioners are empowered to erect Toils and Gates. 
a toll gate on said road whenever ten miles of the same 
shall be completed, and to erect other toll gates on the same 
at convenient distances and places, whereat they may levy 
and collect such tolls as they may prescribe, on all persons, 
carriages, wagons, persons and effects passing along said 
road. 

Sec. 3. The amount of tolls so levied and collected shall Toils, how ap- 
be paid into the county treasury, a sufficient amount of 
"which shall be used for repairs and keeping up of said road, 
and the balance for general county purjjoses. 

Sec. 4. If any person shall presume to carry his effects 
along said road without paying the tolls prescribed in such 
case, such person shall be liable to a fine not less than five 
nor more than fifty dollars, to be recovered before any jus- 
tice of the peace ; Provided, Tolls shall not be collected of 
citizens of the county. 

Sec. 5. This act shall take effect from its ratification. When act to take 

Ratified the 1st day of April, A. D. 1871. ^'^^' 



294: 1S70-'71.— Chapter 195. 



CHAPTER CXCV. 

AN ACT TO AMEND AN ACT TO PROVIDE FOR TDE COLLECTION 
OF TAXES BY THE STATE AND THE SEVERAL COUNTIES OF 
THE STATE ON PROPERTY, POLLS AND INCOME, RATIFIED 
THE TWENTY-EIGHTH DAY OF MARCH, ANNO DOMINI ONE 
THOUSAND EIGHT HUNDRED AND SEVENTY. 

The General Assembly of North Carolina do enact : 

lands, ^^^^^ Section 1. Valuation of lands, when to he made: 

The township board of trustees shall list the lands of the 
state on the valuation of eighteen hundred and sixty-nine, 
f and shall assess all the personal property in their township, 

that is not exempt by this act, at the cash value, on the first 
day of June, one thousand eight hundred and seventj'-one, 
and on the same day annually thereafter, and for such 
services shall be allowed not more than ten dollars each, 
annually, except in townships where cities and towr^ are 
located, and in that case such compensation as the com- 

Bond of trustees, jjiissioners of such county may allow. Wl:kenever no legal 
board of trustees shall exist in any township, the county 
commissioners of such county, at a meeting to be held thirty 
days after the ratification of this act, shall appoint in every 
such township three assessors, qualified to serve as jurors, 
one of whom shall be an owner of real estate in the county, 
who shall constitute a board of trustees for the township, 
for the purpose of performing all the duties of a regular 
board of trustees ; said board shall be entitled to the same 
^er diem as regular boards of trustees. 

Sec. 2. Meaning of the icords " lands and 'real prc/periy '* 

in this act : 

Land, &c., de- r^j^^ ^^^.^jg a \^^^ ^^^ ^^^^ property " shall be construed 

in this act to include not only the soil but all buildings and 

erections thereon, all rights, franchises and assessments 



1870-71.— Chafi^er 195. 295 

appurtenant thereto, and all mines or minerals on or under 
the sui-lace. 

■Sec. 3. Board sJudl he iwtified : 

The county commissioners, by their clerk, shall give to Nottc«. 
the township boards, previous to the thirtieth day of May, a .f 

notice to list the taxable lands and assessments of personal :: 

property according to the Urst section of this act, together 
with the proper blanks for the same ; Prc/oided, That ten 
days' notice after the reception of a copy of this act shall be 
allowed to the commission of the several counties of the 
state to give said notice for this year. 

Sec. 4. Board to advertise in their townships: 

The board shall advertise in three or more public places Notice, 
within tlieir township, within ten days after they have been 
notified by tlie county commissioners as provided for in sec- 
tion three. 

Sec. 5. When the list to he given in : 

The lists shall be given in within ten days after due notice Time to give ia 
has been given by the person charged or his agent. If the ^^^^* 
person liable be a corporation, its property may be given in 
by the president, cashier, treasurer or other person appointed 
for that purpose. 

Sec. 6. lieal property amd farming stocky &c., shall he given 
in where sit/uated on the first of June : 

All real property and all stock, farming utensils and other wiign to give in 
personal property used in connection with the cultivation of ^^^ Property, 
a farm, shall be given in in the township in which said 
property is situated on the first day of June, and where the 
line of any township runs through any resident's land, the S''ro°ert^° "* 
same sliall be listed in the township of such resident. 

Sec. 7. AU other property and polls to he given in where 
tax payers reside on the fi/rst day of June : 

All other personal property whatever, including: moneys. When toiist other 
j-i • \ ^ . 1 J . T . . . , 1 . property. 

credits, mvestments m bonds, stocks, jomt stock companies 



296 1870-'T1.— Chapter 195. 

or otherwise, and all taxable polls and all other subjects 
liable to taxation, except such franchises and personal pro- 
perty as are herein specially provided for, shall be given in 
in the township in which the person so charged resides on 
the first day of June. The residence of a corporation, part- 
nership or joint stock association, for the purpose of this 
act, shall be deemed to be in the township in which its prin- 
cipal office or place of business is situated ; if, however, the 
corporation, partnership, or association, have separate places 
of business in more than one township, it shall be given in 
in each the property or effects therein, but any body of 
lands belonging to a corporation, partnership or association 
and divided by township lines, shall be given in in that town- 
ship in which the larger part thereof is situated. 

Sec. 8. Taxpayer to gi/ve in list of his property : 
Tax payer to list. At the time and place appointed by the board the tax 
payer shall attend, and the board shall read over to each one 
giving in his list all the articles and subjects of taxation, and 
thereupon he shall render to the board his or her list of taxa- 
bles, and at the same time taking the following oath : I, A 
B, do solemnly swear (or afiirm) that I have rendered a true 
and full statement of all subjects of taxation, which I, in my 
own right, or as agent of, or in trust for any other person and 
in any other capacity am by law required to list for taxation, 
according to my best knowledge, information and belief: So 
help me God. 

Sec. 9. What the list shall contain : 

The list shall state the taxable property of the person 
giving in, shall refer to the first day of June, in that year : 
List to contain 1st. The quantity of land listed in the township last valua- 

tion. The land shall be described by name if it has one, 
otherwise in such way that it may be identified. 

2nd. The number of horses, mules, jacks, jennetts, goats, 
cattle, hogs and sheep separately, and the value thereof. 

3rd. The estimated value, without specifying the articles, 
of farming utensils, tools of mechanics, household and kitchen 



what? 



fci 'air 



1S70- 71.— CiiAPTEK 195. 297 

furniture, provisions, arras for mnster, wearing apparel for List to contain 
the use of owner and family, libraries and scientific instru- 
ments. 

-1th. Money on hand or on deposit in any bank, 

5th. The amounts of solvent credits owing to the party, 
whether owing by bond, note, bill of exchange, open account 
or due and payable, and whether owing by any government, 
except bonds of this state, of the United States, exempt from 
taxation by law, except rent accruing for the current year 
for the hire of taxable property. If any credit be regarded 
as not entirely solvent, it shall be given in its estimated 
value, the party may deduct from the amount of debts owing 
to him, the amount owing by him, and the residue only shall 
be liable to taxation. 

6th. Stocks in any incorporated company or joint stock as- 
sociation, and their estimated value ; but the stock shall not 
be taxed if the company pays a tax. 

7th. All other personal property whatever, including 
therein all musical instruments, plated and silverware, and 
the watches and jewelry possessed by the party, liis wife, or 
any minor child. 

8th. The income of the party for the year next preceding 
the first day of June in the current year, with a statement 
of the source or sources from which it was derived. From 
the amount of the income five hundred dollars shall be de- 
ducted, and also the amount derived from any trade, pur- 
chase or profession taxed by the laws of this state. 

9th. If the party be a non-resident of the county, and 
owns land therein, it shall state his address, and may name 
any agent resident in the county, to whom notices may be 
given respecting his t^xes. 

Sec. 10. Guardians, Executors, eic, to give in sejyarately : 

Every guardian, executor, administrator or trustee shall Guardians, execu- 
° tors, 

in like manner, but on a separate list, give in the property 

lield by him in that capacity ; the value of the franchise of 

every railroad, canal, turnpike, plank road, navigation and 

banking company shall be given by the president or the 



298 1870-'71. -Chapter 195. 

cliief officer of the said several corporations on the day fixed 
by this act for the giving in of taxable property to the treas- 
urer of the state, and shall be assessed by the said treasurer, 
the auditor and the governor of the state ; and their valua- 
tion shall be returned to the county commissioners of any 
county in which any part ot said roads, or canals, or naviga- 
tion works shall be ; and the tax upon such franchise so 
valued shall be the same as upon property of equal value ; 
and the tax collected in each county and township shall be 
in proportion to the length of such road, canal or works, 
lying in such county or township, respectively ; and such 
taxes shall be collected as other taxes are required by law to 
be. The rolling stock of every railroad company, and the 
vessels employed by any canal or navigation company on its 
canals or works, shall be valued with the franchise. 

Sec. 11. What ]jro2>erty em^mjpt from Uvxation : 

Exemptions. 1st. The property belonging to the United States or to 

this state, or to any county or incorporated city or town. 

2nd. The property belonging to and set apart, and exclu- 
sively used for the University, Colleges, Institutes, Acade- 
mies, the Masonic Fraternity, Order of Odd Fellows, Good 
Templars and Friends of Temperance, schools for the edu- 
cation of youth or the support of the poor or afflicted, such 
property as may be set apart for and appropriated to the 
exercise of divine worship or the propagation of the gospel, 
or used as parsonages. 

3rd. Such property as may be set apart for grave yards 
or burial lots, except such as are held with a view to profit 
or for the purpose of speculating in the sale thereof. 

4th. Such property of the state and agricultural socie- 
ties as may be set apart and used by them for agricultural 
fairs. 

5tli. Arms for muster, wearmg apparel and provisions for 
the use of the owner and his family, household and kitohen 
furniture, mechanical and agricultural implements of me- 
chanics and farmers, libraries and scientific instruments, not 
exceeding in aggregate value two hundred dollars: Prom- 



valued. 



1870-'71.— Chapter 195. 299 ! 

ded^ That tlie exemption Irom taxation shall not exceed two , 

hundred dollars in behalf of any individual tax payer, ■ 

6th. Any toAmship board of trustees in any county of the . 

state that fails to allow the exemptions prescribed in the « 
last preceding subdivision or knowingly allows any tax payer 

more than is exempted in said section, shall be guilty of a \ 

misdemeanor. 

1 
j 

Sec. 1*2. The lists to refer to first dm/ of June : \ 

The lists shall refer to first day of June of the year in 

which they are given, and relate to the quantity, condition 

and value of the property, and to age of the part}', in ' 

reference to his liability to a poll tax on that day. ; 

\ 
Sec. 13. How the property shall he valued : ] 

In the year prescribed for the valuation of the lands, the How property 
board shall affix to the description of each piece of land its 
true value in money on the first day of June in that year, 
and this value, unless altered as hereinafter prescribed, shall 
be annually fixed to that land unless a new valuation is 
made. They shall in every year value the personal pro- 
perty at its true value. The valuation found by them they 
shall afiix to every species of property particularized in 
section nine of this act. If any person liable to be charged 
with taxes shall refuse to answer any question respecting his 
taxable property, he shall be guilty of a misdemeanor, and 
on conviction, liable to be punished by fine or imprison- 
ment, and it shall be the duty of the board to whom the 
refusal is made, to bind over the offender to appear at the 
next terra of the superior court of the county, and U) report 
that fact to the solicitor for the judicial district in order 
that the offender may be prosecuted. In *'aluing the pro- 
perty of railroads and other corporations in which the state 
is a stockholder, the whole property shall be valued, but a 
part of the valuation shall be deducted proportionate to the 
interest of the state, and the tax levied on the residue only. 
The tax so levied, when paid by the corporation, sliall be 
charged by the corfK)ration on tlie individual corporators 



300 



1870-'71.— Chapter 195. 



Blank forms. 



Abstracts. 



Who to reviBe 

lists. 



onlv, and when any dividend shall be declared, the dividend 
to the state shall exceed that to individual cori^orators by 
the amount of all taxes previously paid. Stock or shares in 
incorporated companies shall not be taxed when the pro- 
perty of the company is taxed. 

Sec. 14. Auditor to provide foi^ns and sheriffs to dis- 
trihiite to hoard of trustees : 
The auditor of the state shall prepare a form to be used 
in listing property for taxation, and each year shall furnish 
the sheriff of each county on or before the fifteenth of May, 
with a sufficient number of printed copies, and the sheriff 
shall deliver to the board of each township a sufficient num 
ber of such forms for their use. 

Sec. 15. Board to nuike an abstract of their tax lists : 

The board shall make an abstract of the tax lists given in 
to them according to form, to be furnished by the auditor 
of the state, and shall, on or before the first Monday of 
July in each year, return such abstract to the clerk of the 
commissioners. They shall also return a list of all property 
in their township not given in for taxation, with a descrip- 
tion and valuation thereof made by the board, and the names 
of the occupant and the supposed owner and a list of the 
taxable polls of the township not given in for taxation. The 
return so made shall be open to the inspection of all persons 
interested, and the clerk shall give to any person desiring 
it a copy of so much thereof as relates to his property, on 
paying a fee of ten cents. 

Sec. 16. County Commissioners to revise lists, vjhen : 

The county commissioners of each county shall meet on 
the first Monday in July and revise the tax lists and valua- 
tion reported to them, and complete the lists by computing 
the tax payable by each person, and affixing the same 
opposite his name. They shall sit for three days at least, 
and when necessary, shall sit until the i-evision is complete, 
and shall hear all persons objecting to the valuation of theii- 



1S70-'71.— Chapter 195. "■": ; 391 ! 

property, or to the amount of tax charged against them. ; 

They shall have power to summon and examine witnesses, * 

and shall correct the abstract of the township board as may J 

be right and just, and so that the valuation of similar prop- 1 

erty throughout the county shall be as near uniform as J 

possible. They shall have power to raise the valuation upon '.. 

such property as they shall deem unreasonably low. The <j 

county cammissiouers on the prescribed oath may take the i 
list ot any person applying to list his taxables at any meeting 
of the commissioners held on or before the first Monday in 

October, upon his paying the clei'k fifty cents for recording ; 

the same. The commissioners shall ascertain the value of \ 
their property by the examination of witnesses or otherwise, 

and insert it in the abstract ; and without satisfactory excuse ' 

they shalladd to the tax of the person so allowed to give - 

in, five per cent, on the regular amount of his tax for that ; 

year. | 

Sec. 17. How comjylaints of excess proceeded with : ' 

If any person shall complain before the commissioners Remedy for ex- ' 

that his property, either real or personal, has been improper- 
ly valued, or that he is charged with an excessive tax, he j 
shall present his claim in writing and they shall hear any 
evidence adduced by him, and shall summon and examine i 
any witness necessary for a just decision of the question. If " 
they decide against the complaint, they shall also give jndg- \ 
ment against him for the costs of the investigation, but if 
the county commissioners shall find that he has cause for j 
complaint they shall direct their clerk to render a true | 
account thereof, and the account thus rendered certified by 
the clerk, shall be returned to the auditor who shall credit 
the sheriff with the overcharge in his settlement of that j ear. ; 

Sec. is. 

If the application for relief be made to the commissionei'S Relict 
after the sheriff shall have settled the accounts Mith the '" 

auditor, the commissioners shall carefully examine the case 
and, if in their opinion, the applicant is entitled to relief, ! 



302 



1S70-'71.— Chapter 195. 



shall direct the clerk to record, on the record book, the 
cause ot complaint, and the amount which in the opinion of 
the commissioners should be refunded to the applicant. 
The clerk shall make out a copy of such record, certify the 
same under seal of tiie commissioners and deliver to the 
applicant who shall pay to the clerk a fee of fifty cents. 
Such copy then shall be transmitted to the auditor of the 
state who, on finding the proceedings in conformity with 
the requirements of this section, shall issue a warrant on the 
treasurer of the state for the amount specified. The treasurer 
shall, on presentation of such warrant, pay to the holder of 
the same the amount to be refunded. 



Double tax. 



Exemptions. 



Tax lista. 



Sec. 19. Persons not giving in to he charged with double 

tax : 

The county commissioners shall insert in the abstract of 
the tax list for each township, the subscription and valuation 
of all property not given in, with the name of the person 
supposed to be liable for the taxes thereon, and the names 
of all persons in each township liable for a poll tax who 
failed to give themselves in, and shall charge all such per- 
sons with double the tax with which they would otherwise 
be chargeable, unless satisfactory excuse therefor be rendered. 

Sec. 20. County coononissi/mers may exempt ^rom poll tax : 

The county commissioner shall have the power to exempt 
any person from the payment of a poll tax on account of 
poverty and infirmity, and the clerk shall deliver to the 
sherift' a list of all persons so exempted with the amount of 
taxes charged against them, and shall also send a copy of 
such list to the auditor of state, and the sheriff shall be 
entitled to a deduction for such taxes in any settlement he 
may be required to make. 

Sec. 21. Copies of revised tax list, how distributed : 

The county commissioners shall cause to be made out two 
copies of the tax lists of each township, as revised and settled 
by them according to a form to be furnished to them by the 



1870-'71.— Chapter 195. 303 

auditor of tlie state. Such form sliajl show in different col- 
nms the amount due by each tax payer to the state and to 
the countv ; one of said copies shall remain in the office of 
the clerk of the commissioners, the other shall be delivered 
to the sheriff on or before the third Monday in July in each 
year, and he shall recerpt for the same. The clerk shall 
endorse on the copies given to the sheriff an order to collect 
the taxes therein mentioned, and such order shall have tiie 
force and effect of a judgment and execution against the 
property of the person charged in suah list. In such list the 
clerk shall note all appeals from the judgment of the com- 
missioners which have been perfected by the giving of bond 
as prescribed. 

Sec. 22. 

The clerk of the commissioners on or before the first Returns. 
IVSonday in September after the lists are returned, shall 
return to the auditor an abstract of tho same, showing the 
number of acres of land and their value, and the value of 
town lots, and the number of white and colored polls sepa- 
rately, and specify every other subject of taxation, and tlie 
amount paid on the whole. At the same time the clerk 
shall return to the auditor an abstract of the lists of the 
poor, county and school taxes paid in his county, setting 
forth separately the tax levied on csich poll and on each one 
hundred dollars value of real property for each purpose, 
and also the gross amount of taxes of every kind levied for 
county purposes. 

Sec. 23. 

If any clerk shall make a default of any of the duties Penalty for de- 
prescribed in the preceding section, or shall fail to deliver 
to the auditor a copy of the sheriff's return, made, sworn to 
and subscribed as required in section thirty-three of this 
act, he shall forfeit and pay to tho state one thousand dol- 
lars to be recovered against him and the securities of his 
bond in the superior court of Wake county, at tho tenn 
next after the default, on motion of the state solicitor, and 



^04 18Y0-'Y1.— CiiAPTEK 195. 

it shall be the duty of the auditor to inform the solicitor of 
such default. 

Sec. 24. In case land he divided^ how tax may le apjpor- 
tioiied : 

Lands in different In casG within the interval between two regular periods 
for the valuation of land or real property, any piece of laud 
or real property shall become divided in ownership either 
by partition or a sale of a portion thereof, or otherwise, 
either of the part owners may at any time, upon five da3's 
notice to the other part owners, apply to the township board 
of trustees for an apportionment of valuation, which shall be 
allowed as may be just, and all persons having tax lists are 
required to amend the same according to the judgment of 
said board, on the production of a certified copy thereof ; 
Provided, That no amendment made after a tax on the land 
has been due shall operate to effect that tax. • 

Sec. 25. If where fall or 7'ises, valuation altered, when : 
Taluation altered. If any valuation of real or personal property and before 
the tax thereon shall become due, [the property shall be- 
come due,] the property shall become destroyed or depre- 
ciated over twenty-five per cent, on its assessed value, other- 
wise than by act of the owner, the party charged may apply 
to the township board of trustees and upon proper proof may 
have the valuation reduced, and the board of trustees shall 
thereupon immediately fi;rnish to the clerk of the county 
commissioners, as well as to the party, a certified copy of 
their order in the premises. If the property was insured, 
the amount of insurance shall in such case, be considered in 
altering the valuation. In like manner, if property shall 
have increased twenty-five per cent, over its assessed taxable 
value, the sheriff of the county, upon ten days notice to the 
owner, may apply to the board of trustees to alter the valu- 
ation of the property, and upon proper proof they sliall do so ; 
but the valuation shall not be altered if the appreciation has 
occurred in consequence of improvements made on the ]Dro- 
perty by draining, clearing, building, or the like. 



1870- 71.— Chaptek 195. 305 

Sec. 26. y\7te?i taxes mag le ixiid^ lohen due : 

All taxes shall be due ou the fii'st Monday of August in When to pay 
each year. When paid, the sherifi' shall note on the tax list 
against the name of the party the date of payment and the 
amount paid, he shall also give a receipt to the parties stating 
ihe amount of the state and county tax separately, and the 
date of payment : Provided, The sheriff shall not collect 
the taxes for any year until he shall have settled in full with 
the state and county treasurer for the taxes of the previous 
year, (if he was the sheriff.) Before receiving the tax lists 
he shall produce the recei])ts of the state and county treas- 
urer, (if he was sheriff for the previous year,) to the clerk ol 
the county commissioners, and in the event the sheriff tail to 
produce the aforesaid receipt, the county commissioners shall 
appoint a tax collector who shall give bond as required by the 
sheriff to faithfully collect and pay over the taxes according 
to law. When the sheriff shall collect by his deputies who 
are not sworn, or other such persons, they shall, before the 
clerk of the board of commissioners, or betore a justice of 
the peace of the county, take and subscribe an oath, faith- 
fully and honestly to account for the same with the sheriff 
or other person authorized to receive them. Said oath shall 
be filed and kept on the docket of the county board, and for 
failure of any deputy sheriff to pay over such tax as he may 
collect, he shall be guilty of a misdemeanor. 

Sec. 27. Shenff to attend to receive taxes: 

The sheriff in person or by deputy shall constantly attend When to receive 
at the court house of his county from the first Monday of 
August to the twenty-first of November in each year, for the 
purpose of receiving taxes ; he shall also in like manner, 
attend at least one day after the second Monday of October 
at some place in each township, of which twelve days notice 
shall be given by advertisement at three or more public 
places in the township : Provided, That nothing in this sec- 
tion shall be construed to prevent the} collecting officer from 
levying and selling after the taxes become due. 



806 



How to cdllect. 



Ineolveots. 



Remedy if do per- 
Bonal property. 



1870-71. —Chapter 105. 

Sec. 28. How sheriff to collect : 

Whenever the taxes shall be due and unpaid, the sheriff 
ghall immediately proceed to collect them as follows : i 

let. If the party charged have personal property of a| 
value equal to the tax charged against him, the sheriff shall 
seize and sell the same, as he is required to sell other pro- 
perty under execution. 

2d. And before sale on land noJnsolvent taxables shall be 
credited to the slierifr in the settlement with the auditor 
but such as shall be allowed by the county commissioners, a 
list whereof containing the names and amounts, and sub- 
scribed by the sheriffs, he shall return to count}' commis- 
sioners before said settlement, and the same shall be allowed 
only on his making oath that he has been at the dwelling 
house or usual place of abode of each of the tax payers, and 
could not there or elsewhere in the county find pro]>erty 
wherewith to discharge his taxes, or such part thereof as is 
returned unpaid, and that the persons contained in the lists 
were insolvent a* and during the time when, by law, he 
ought to have endeavored to collect their taxes ; such list 
shall be recorded in commissioner's docket, and a copy 
thereof within ten days after its return into the office of the 
said commissioners shall be returned to the auditor of the 
state. 

3d. If the party charged has not personal property to be 
found in the county of sufficient value, the sheriff shall levy 
upon the lauds of the delinquent or any part thereof; said 
sheriff shall return a list of said levy to the clerk of the 
superior court, who shall confirm said levy by issuing execu- 
tion as in cases of other judgments, and the clerk of the 
superior court shall enter the same on his docket as in caees 
of other executions ; the sheriff shall notify the delinquent 
of such levy and of the day and place of sale by service, of 
a notice stating those particulars, on him personally. If the 
delinquent cannot, by reasonable diligence, be found in the 
county, but has a known agent therein, and his own address 
is known, or can by reasonable diligence be ascertained, the 
notice shall be delivered to such agent, and shall be mailed 



1870-'71.— Chapter 195. 307 

post paid to the delinquent. If the dehnquent has no known fo^^^ p^opertv'^'^" 
agent in the county, or his address cannot with reasonable 
diligence be ascertained, the sherift shall publish a notice sub- 
stantially as above described at the court house door and 
(two other public places and also in some newspaper pub- 
Hished in the county where the land is situated, and if there 
be no newspaper published in the county, then in the nearest 
inewspapc. Tlie notice shall be served or published as afore- 
said at least thirty days before the sale of the land ; the sale 
the laud shall be made at the court house of the county in w^hich 
lies, and shall be on one of the days prescribed for sale under 
execution, and shall be conducted in all respects as sales 
under execution are. If the delinquent resides out of the 
^county, and his address be known, the sheriff, within one 
month after the sale, shall mail to him notice of the sale and 
of the date thereof, of the name and address of the purchaser 
of the sum bid and of the amount of taxes and costs to be 
paid by him as a condition of his redemption. If any person 
liable for taxes, not having property in the county w^here ' 

such taxes are due, shall have property in any other county, 
or shall remove from his county after the day of listing, or 
carry his property therefrom, the collecting officer shall 
j-eturu the fact to the board of commissioners of the county 
who shall, through their clerk, make an abstract of the same 
under their corporate seal, which abstract shall have the 
force of a tax list regularly endorsed for collection in any 
county of the state. The collecting officer shall forward the 
same to the proper collecting officer of the county where the 
person or property may be, who shall collect the amount due 
thereon with ten per cent, added, which per centage he may 
retain to his own use, the residue to be forwarded immedi- 
ately to the officer from whom he received it, to be accounted 
for as other public taxes. It shall be the duty of the officer 
to whom such abstract shall be forwarded to make return of 
"his action on the same within thirty days, and said abstract 
or a duly certified copy may be sent for collection to the 
same or any other county until the amount due shall be col- 
lected. 



208 



Who to be pur- 
chaser, &c. 



1870-'71.— CriAPTEK 195. 

Sec. 29. Who is to he purchaser and what he shall pay : 

The highest bidder shall be the purchaser ; he shall imme 
diately pay to the sheriff the amount of taxes and costs due 
by the delinquent; the sheriff shall give him a receipt 
stating the sum paid and upon what amount, and describing 
the property, and shall cause the same to be recorded by the 
register of deeds. 



Sheriflfs may bid. 



Sec. 30. 

If no one will bid for any piece of real property, the 
amount of the taxes assessed thereon and the charges of sale,; 
the sheriff shall bid off' the property for the state, and upon 
proving the fact and tendering to the auditor of the state a 
deed to the state for the property, duly registered in the 
county in which it lies, shall have credit for the amount of 
such tax and charges TJie deed shall be deposited by the 
auditor with the secretary of state. The property so pur- 
chased by the state shall be under the control of the board 
of education, and be held for the purposes and under the 
powers for whi-^h the swamp lands of the state are now held. 
Lands so sold may be redeemed as other lands sold for taxes 
are allowed to be. 






Delinquents may 
redeem. 



Sec. 31. The delinquent may redeem the property within 
twelve months. 
The delinquent may retain the possession of the property 
for twelve months after the sale, and within that time may 
redeem it by paying or tendering to the purchaser the 
amount paid by him, and twenty-five per cent, in addition 
thereto. If the purchaser shall accept the sum so tendered, 
he shall give a receipt therefor. If he shall refuse, the de- 
linquent may pay the same to the clerk of the superior court 
for the county for the use of the purchaser, and the clerk 
shall give a receipt therefor. Such payment shall be equiva- 
lent to payment to the purchaser. The delinquent may 
cause the receipt of the purchaser or of the clerk to be reg- 
istered, and the register of deeds shall refer to such regis- 
tration on "the margin of his registration of the receipts from 



1S70-'71.— Chapter 195. 309» 

the sheriff to the purchaser. After the payment to the pur- 
chaser or to the clei-k for his use as aforesaid, his right under 
the purchase shall cease. IS^o sale of the property by the 
purchaser or by the delinquent within t\velve months shall 
convey to their respective vendees any other rights or estates 
than the parties themselves possess. 

Sec. 32. If the delinquent fail to redeem : 

If the delinquent shall fail to redeem as prescribed in the Failure of deiin- 
preceding section, the purchaser may, within eighteen months 
after the purchase, pay to the sheriff the residue of the sum 
bid by him, together with the interest thereon, at the rate 
of one per centum per month, from the expiration of the 
twelve months next succeeding the sale to the date of pay- 
ment, and demand a deed. The sheriff shall receive the 
money for the delinquent and make the deed. The sheriff* 
shall be entitled to retain from the money so paid for his 
trouble in the premises, five dollars, and the residue he shall 
pay to the delinquent on demand. The deed from the 
sheriff to the purchaser shall be registered within six 
months, and when so registered shall convey to the grantee 
therein all the estate in the premises which the delinquent 
had at the time of the sale for taxes. 

Sec. 33. 

Every sheriff shall keep a record of the taxes collected by Recordjof taxe& 
him from the clerk of the court and under Schedule B. of '^^^l^^*^*^*^- 
the revenue act, all forfeitures, arrears from insolvents, double 
taxes and taxes on unlisted subjects, and on or before the 
fourth Monday in September shall deliver to the clerk of the 
county commissioners, a statement setting forth all sums 
received to that date, not previously accounted for, the date 
of such receipts, the person from whom received, the amount 
received from such person, the subjects on which received 
and the aggregate amount, accompanied by an affidavit taken 
and subscribed before the clerk and attested by him that the 
statement is correct, and that no receipt has been omitted. 
And the clerk shall, by the first Monday in October, send a 



310 1870-'71.— Chaptek 195. 

duplicate of said statement and affidavit to the auditor of 
the state, register the name on a book kept in his office for 
that purpose, and keep a copy of the same posted in a con- 
spicuous place in the courthouse until the first of January 
next ensuing. 

Sec. 31. 

When sheriflfs to The sheriffs or other accounting officers shall on or before 
settle 

the first Monday in December in each year, settle their state 

tax accounts with the auditor and pay the amount for which 
he is liable to the treasurer of the state, unless when the 
settlement of such persons may be specially directed to be 
made in another manner or at another time. The auditor 
shall forthwith report to the state treasurer the amount due 
from each accountant, setting forth therein the net amount 
due to each fund, and the treasurer shall open an account 
against such officer and debit him accordingly. The sherifi', 
tax collector and other accounting officer, in making his set- 
tlement as aforesaid, sliall render to the auditor a duplicate 
ot the list required in section thirty-three of this act. In 
such settlement the sheriff or other officer shall be charged 
with the amount of public tax as the same appears by the 
abstracts of taxables transmitted to the auditor, also with all 
double taxes and taxes on enlisted property by him received, 
and with all other tax which he may have collected or tor 
which he is chargeable. The auditor shall give to each 
sheriff or tax collector a certified statement embracing the 
•subjects of taxation contained in both lists, and the amount 
of tax on each subject which the sheriff or tax collector shall 
deposit with the clerk of the commissioners of his county for 
public inspection. 

Sec. 35. 

Deductions to the ^^^^ auditor in making the settlement with the sheriff 
sheriff. ^^j. ^-^x collector as aforesaid shall deduct from the lists re- 

turned : 

1. The amount of taxes charged against any person whom 
the clerk of the commissioners shall certify to have appealed 



ISTO-'Tl.— CiiAi-TEK 195. 311 

from a decision of the coniinissioners respecting liis liability 
and to have given the bond required ; Provided, That the 
clerk of the court to which the appeal was taken shall certify 
that it is pending and nndecided. The sum so nnliqnidated 
shall be carried forward by the auditor as a charge against 
the sheriff or tax collector on his next year's account from 
year to year until the decision of the appeal, after which 
they shall be collected and paid or balanced, if the final 
decision be in fsivor of the appellant. 

2. All poll taxes and taxes on personal property certified 
by the clerk of the commissioners of the county by order of 
the commissioners to be insolvent and nn collectable. 

3. The amount of state tax on land bid off bj the state 
with the costs attendant on the whole on producing the cer- 
tificate of the secret^r}^ of state, as is provided for in section 
thirty-one, of this act. 

4. All over payments made in former settlements l)y rea- 
son of any error in the clerk's abstracts of taxables. 

5. Five per cent, commission on amount collected 

Sec. 36. 

For his settlement with the state treasurer, the sheriff or pay to sheritt for 
tax collector shall be paid three dollars for each day he may settUng. 
be necessarily engaged therein at the city of Raleigh, and 
traveling expenses to and from said city, at tlie rate of ten 
cents per mile by the usual route of travel, said compensa- 
tion and expenses to be paid on the warrant of the auditor. 

Sec. 3T. 

In every case of failure by a sheriff or other accounting penalty for sherifl 
officer to settle his accounts within the time prescribed in ^^ "^ ° ®^ ^' 
this act for such settlement and to take the oath required on 
his settlemcTit, the auditor shall forthwith report to the 
treasurer the account of such sheriff or officer, and furnish 
him with a copy of the official bond of said officer and his 
sureties, deducting therefrom nothing for commissions or 
insolv'cnts but adding thereto one thousand dollars and ten 
per cent, of the amount of taxes with which said sheriff is 
18 



312 1S70-'71.— CiFAPTEE 195. 

charged for the ainoniit of taxes supposed not to appear in 
the list transmitted by the clerk, and it the whole amount 
be not paid, the treasurer, on motion of the solicitor of the 
sixth judicial district, in tlie superior court oi Wake county, 
before the clerk thereof, within ten days after the default 
shall have occurred, shall recover judgment against him and 
his sureties, without other notice than is given by the delin- 
quency of the officer. And to the end that their obligations 
and names may be known, the clerk of the superior court 
shall, on or before the second Monday in September in each 
year, transmit to the auditor a copy, certified under the seal 
ot the court, of the bond of the sheriff and his sureties, upon 
pain, for his default, of forfeiting to the state one thousand 
dollars, which the treasurer shall and is hereby specially 
charged to collect in like manner and at such times as is 
provided in this section. If the sheriff or other accounting 
officer shall fraudulently and corruptly fail to account as 
aforesaid, he shall be deemed guilty of a misdenreanor, and 
upon conviction thereof in any court of competent jurisdic- 
tion, shall be sentenced to pay a fine in the discretion of tlie 
court and to be imprisoned not less than three months. 

Sec. 38. Sheriffs to ixiy county taxes, lolien : 

County taxes The sheriff or the tax collector shall pay the county taxes 

when to be eetS n 

tied. " to the county treasurer, or other lawful officer. lie shall at 

no time retain in his hands over three hundred dollars for a 
longer time than ten days, under a penalty of ten per centum 
per month to the county upon all sums so unlawfully re- 
tained. On or before the eighth day of January in each 
year, the sherift' shall account with the county treasurer or 
other lawful officer, for all taxes w^hich have been collected 
by him for the county during the fiscal year, and on failure 
so to do, he shall pay to the county treasurer two per cent, 
per month on all sums unpaid, and this shall be continued 
until final settlement. He shall be charged with the sums 
appearing by the tax lists as due for county taxes and shall 
be allowed to deduct therefrom as is prescribed in this act 
respecting^his settlement of state taxes. 



ISTO-'Tl.— Chapter 195. 313 ' 

i 
I 

'Sec. 39. County commissioners to aiypoint a committee to \ 

assist in settlements : j 

The county commissioners, at the last reo-ular or other Committees of ■ 

settlement ' 

-subsequent meeting in each year, shall appoint one or more 

of their number to be present and assist at the accounting ! 

and settlements between the sheriff and county treasurer \ 

provided for in the next preceding section, and also to audit \ 

and settle the accounts of the comity treasurer and of all j 

•other county officers authorized to receive or disburse the *: 

eounty funds. The accounts so audited shall be reported to .j 

the county commissioners, and when approved by them shall i 

be filed with the clerk and recorded on his book, and shall '. 

be prima facie evidence of Iheir own correctness and im- - 

peachable only for fraud or specified error. 1 

"Sec. 40. Penalty of sheinff for failing to account: 

In case the sheriff of a county shall fail, neglect or refuse Penalty for sheriff 
to account with the county treasurer and assistant committee ' '^ 
A?, above required, oi' to pay what may be rightfully found 
due in such account, he shall forfeit and pay to the state for 
the use of the county a penalty of twenty -five hundred dol- 
lars; it shall be the duty of the county treasurer, and if he 
neglect or refuse to perform it, of the chairman of the county 
commissioners to cause an action to be brought in the supe- 
rior court of the county on the bond of the sheriff' against 
him and his sureties to recover the amount owing by him 
and the penalty aforesaid ; if the sheriff" shall fraudulently 
and corruptly fail to account as aforesaid, he shall be crimi- 
nally liable thereupon in like manner and with the same 
])enalties imposed for such criminal defalcation in section 
thirty-seven. 

Sec. 41. Other county officers^ wJcen to account^ and penalty 
for failure : 

In each year the county treasurer shall give five days other county offi. 
i- . Ti ->. / ,,.,». -1 • 1 , cer3 falling, 

notice to all county omcers (except the sheriff) authorized to 

receive or disburse the county funds, to appear at the court 

house of the county on a certain day, during the first ten 



314 1870-' 71.— Chapter 195—196. 

days in January, before him and the committee appointed 
by the county commissioners, and present an account of all 
sums received or disbursed for the county, with their 
vouchers, and any officer failing to attend and account 
shall be deemed guilty of a misdemeanor. The accounts, 
when audited, shall be reported to the county commissioners 
at their next meeting, and if approved by them, shall be 
filed with their clerk and recorded in the book of their pro- 
ceedings, together with their approval, and shall be deemed 
prima facie correct. 

Sec. 42. 

Duty of tax col Whenever in this act a duty is imj)osed upon a sheriff of 

lector, ^ county for which a tax collector has been appointed, it 

shall be incumbent npon the tax collector to perform the 
said duties instead of the sheriff, and snch tax collector shall 
have all the emoluments and be subject to all the penalties, 
as'provided in the case of sheriffs in this act. 

Sec. 43. When act goes into effect : 

When act to be in This act shall be in force from and after its ratification, 
force. 

Katified the 1st day of April, A. D. 1871. 



CHAPTEE CXCVI. 

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO INCOKPO- 
I KATE THE PLANTEE's RAILROAD COMPANY. 

Change of teimi- ^Section 1. The General Assemhly of North Carolina do 
enact, That an act entitled "an act to incorporate the Planter's 
Railroad Company," ratified on the first day of March, anno 
domini one thousand eight hundred and seventy, be and the 
same is hereby so amended as to fix and locate the terminus 
of said railroad on the Atlantic and North Carolina Eailroad 
at or near Core Creek station, thence by the most practi- 



1870-'n.— Chapter 196—197. 315 

-cable route, as the stockholders may direct, through or near 

the town of Trenton, in Jones county, to the navigable 

waters of IN'ew river, at or near the town ot Jacksonville, 

in the county of Onslow. 

Sec. 2. All laws and clauses of laws in conflict with thia Repealing clause, 

act are hereby repealed, and this act shall be in force from When act to take 

, . . .,f . effect, 

and alter its ratmcation. 

Katified the 3rd day of April, A. D. 1871. 



CHAPTER CXCYII. 

AN ACT TO AMEND SECTION THIRTY-ONE, OF CHAPTER TWO 
HUNDRED AND ONE OF THE ACT OF APRIL TWELFTH, ONE 
THOUSAND EIGHT HUNDRED AND SIXTY-NINE. 

Section 1. The General Assembly of North Carolina do Guardians and 
e7iact, That section thirty-one of chapter two hundred and vestinu. s. secul 
one be amended to read as follows : Guardians, trustees and " ^^^' 
others acting in a fiduciary capacity, having surplus funds of 
their wards and cestui que trusts to loan, may invest in 
United States bonds, or any securities whereof the United 
States are responsible, now or hereafter to be issued, and in 
all settlements by guardians, trustees and others, acting in a 
fiduciary capacity, such bonds or other security of the United 
States shall be deemed cash, including the premium, if any 
paid for such bonds or other securities, and may be paid as 
such by the transfer thereof to the persons entitled. 

Sec 2. All laws and clauses of laws in conflict with this Repcalin- clause. 

act are liereby repealed. 

Sec 3. This act shall be in force from and after its ratifi- When act to te in 

force, 
cation. 

Ratified the 3rd day of April, A. D. 1871. - 



316 



1S70-'71.— Chapter 198-199. 



CHAPTEE CXCVIIL 

AN ACT TO AUTIIOEIZE THE COMMISSIONERS OF MITCHELL TO 
LEVY A SPECIAL TAX. 



Object and limit 
of tax. 



When act to be in 
force. 



Section 1. T/ie General Assemhly of North Carolina do 
enact, That for the purpose of erecting a county jail and 
completing the court house in the county of Mitchell, the 
county commissioners are authorized and empowered to levy 
a special tax for such amount as in their judgment may be 
necessary, not to exceed two thousand live hundred dollars, 
($2,500). 

Sec 2. That this act shall be in force from and after its 
ratification. 

Katified the 3d day ot April, A. D. 1S71. 



CHAPTEK CXCIX. 

AN ACT TO ArTHORlZE THE COMMISSIONERS OF CURRITUCK 
COUNTY TO LEVY A SPECIAL TAX. 



Amount and ob- 
ject of tax. 



rroTiso. 



When act to be in 
force. 



Section 1. The General AssemJjly of North Carolina do- 
enact, That the county commissioners of Curi-ituck comity 
be allowed to levy a special tax not to exceed five thousand 
dollars, for the purpose of paying the interest on the county 
debt, and the ordinary expenses of the county ; Provided, 
That the equation of the constitution in regard to the poll 
and real estate taxation be strictly adhered to. 

Sec 2. That this act shall be in force from and after its- 
ratification. 

Katified the 3d day of April, A. D 1871. 



ISTO- 71.— Chapter 200. 317 



CIlArXERCC. 

AN ACT TO AUTHORIZE THE COMMISSIONKKS OF MOOKE COUNTY 
TO ISSUE BONDS. 

Section 1. The General AssemUii of North Carolina do Amount and de- 

, . . . nomination of 

enacts That in order to liquidate the liabilities of the comity bonds issued, 

of ]\roore, the coainiissioiiers of said conntv are hcreliy au- 
thorized to isi^ue coupon bonds nut exceeding; in amount the 
sum of six thousand dollars in denominations of not less 
than one hundred, nor more than one thousand dollars. 

Sec. 2. The said bonds shall run for ten years bearing conditions, 
interest at the rate of six per cent, iper annum payable semi- 
annually; and matured coupons on said bonds shall be 
receivable in the ])ayment of county taxes. 

Sec 3. The said commissioners shall have tlie privilege Redemption, 
to redeem said bonds at any time after the expiration of one 
year from the date of their issue, and shall appoint a suitable 
person trustee of a sinking fund whose duty it shall be each 
year to purchase one-tenth ot said bonds then outstanding, 
and lor that purpose shall receive from the county treasurer 
upon the'order ot the conuHissioners the sum of money 
necessary to that end. 

Sec. 4. For the purpose of redeeming the said bonds and Special tax. 
making the annual purchase therein directed, the com- 
missioners are hei-eby authorized to levy a special tax on the 
real and personal property, and each taxable poll in said 
county, not exceeding one sixth of one per cent. (>n the 
valuation of the property, and observing the equation now 
recognized by the constitution of this state in the taxation ot 
the ])oll. 

Sec. 5. The trustee herein directed to be appointed, shall, Bond of trustee, 
before entering on his duties, give bond with sufficient 
security in sucli sum as *he connnissioneis may deem suf- 
ficient, conditioned for thefiithfii] pertormancc ot his duties ; 
lie shall renew his bond as often as the connnissioners may 
deem necessary and shall be removable at the pleasure of the 



318 



1870- 71.— Chapter 200—201. 



Trustee to liqui- 
date debt of coun- 



WTien act to be in 
force. 



cominissionerSj and another appointed in his room and stead. 

Sec. 6. The said trustee is hereby authorized, in addition 
to the duties hereinbefore assigned him out of the proceeds 
of the bonds allowed by this act to be issued, or out of any 
other county funds that may be placed in his hands for such 
purpose, to purchase the debts outstanding against said 
county at their market value, or otherwise compromise 
therefor at his discretion ; and in his settlement with the 
committee of finance of said county, which shall be had at 
least once in each and every year, he shall be credited with 
the amount actually expended therefor. 

Sec. 7. This act shall be in force from and after its rati- 
fication. 

Eatijaed the 3d day of April, A. D. 1871. 



CHAPTER CCI. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF ALAMANCE TO 
LE\"Y AND COLLECT A SPECIAL TAX. 



Amount of tax. 



Proviso. 



Further proviso. 



Wlien act to be in 
force. 



Section 1. The General Assembly of Worth Carolina do 
enact, That the county commissioners of Alamance county 
are authorized and empowered to levy and collect at the 
same time and in the same manner as the other state and 
county taxes are levied and collected in the year one thou- 
sand eight hundred and seventy-one, a special tax not exceed- 
ing five thousand dollars ; Provided, That the equation 
established by the constitution, article five, section one, be- 
tween the poll and three hundred dollars worth of property 
shall be observed in said levy \ And provided, further^ 
That the amount raised by said special tax shall be used in 
the payment of debts contracted for the support of the poor, 
and for other necessary expenses. 

Sec. 2. That this act shall be in force from and after its 
ratification. 

Ratified the 3d day of April, A. D. 1871. 



1ST0-'71.— Chapter 202—203. 319 



CHAP TEE CCTI. 

AN ACT COXCERNIXG THE ANNEXATION OF A PORTION OF CALD- 
WELL COUNTY TO THE COUNTY OF ^VATAUGA, 

Section 1. The General Asscmljly of North Carolina do Desciiptiou of 

mi 11 1 ■ ,. /-< 1 1 n • 1 county annexed to 

€tiact, iliat all that portion ot Caldwell comity comprised Watauga county. 
I witliin the following boundaries, viz : beginning at the fair- 
view on the Caldwell and Watanga turnpike road on the 
•top of the Blue Ridge, thence a straight line to the top of 
ithe Grandfather mountain, be and the same is hereby an- 
nexed to, and shall form part of "Watauga count}-. 

Sec. 2. That all laws and clauses of laws coming in con- Repealing clause. 
liict with this act are hereby repealed. 
, Sec. 3. That this act shall be in force from and after its When act to be lu 

..r. ,. force. 

ratmcation. 

Eatitied the 3d day of April, A. D. 1871. 



CHAPTER CCIII. 

AN ACT TO REPEAL AN ACT FOR TIl£ BETTER PRESERVATION 
OF THE PUBLIC HEALTH, BY ESTABLISHING SUITABLE QUAR- 
ANTINE REGULATIONS FOR BEAUFORT IIAEBOR, NORTH CARO- 
I.INA. 

Section 1. The General AssenMy of North Carolina do Act of April I2tii, 

180*.) rcT^ciiicd 

£7uict, That an act entitled " an act for the better preserva- 
tion of the public health, by establishing quarantine regu- 
lations for Beaufort harbor, North Carolina," ratified April 
twelfth, one thousand eight hundred and sixty-nine, be and 
the same is hereby repealed. 

Sec. 2. The cpiarantine physician, appointed by authority Quarantine physi- 
■of said act of April twelfth, one thousand eight hundred s'ta"te^proptT*tr °' 
and sixty-nine, is hereby empowered and authorized to 



320 1870-71.— Chapter 203—204. 

V 

dispose of the unfinished hospital and the boat belonging 

to the state, by Y)ublic sale for cash, at as earl}^ a day as prac- 
ticable after the ratification of this act ; and that he paj 
over to the public treasurer the pi-oceeds of said sale. 

Whej act to be in Sec 3. This act shall be in force from and after its rati- 
force. r, 

tication. 

Katified the 3rd day of April, A. D. 1871. 



CHAPTER CC lY. 

A]^ ACT AUTPIOEIZIXG K. B. WEBSTER AXD ROBERT LEWIS, 

SURETIES ON THE OFFICIAL BOND OF WALKER SMmi, LATE 

SHERIFF OF ROCKINGHAM COUNTY, TO COLLECT ARREARS OF 
TAXES. , 

Collection of tax- Section 1. The General AsseinlAij of JS^orih Carol'iHa Jo 

'(57. enact, That R. B. Webster and Robert Lewis, sureties on 

the official bond of Walker Siuitli, late sheriff of Rocking- 
ham county, are empowered to collect all arrears of taxes- 
due the said Walker Smith, upon the assessment for the 
years one thousand eight hundred and sixty-six and one 
thousand eight hundred and sixty-seven, under the same i 
restrictions and with the same rights and remedies as are \ 
provided by law for the collection of taxes. 

Powers to cease Sec. 2. That the power hereby granted shall cease January J 

first, one thousand eight hundred and seventy-two ; Pro- ] 

Proviso. vided, That no person shall herelij' be made lialjle for ! 

such taxes, wlio shall ujake affidavit, before a justice of the ; 
peace of said county, that according to the best of his • 
knowledge he has paid said taxes and lost the receipt for the ] 
same ; Provhled, That the estates of decedent shall not be j 
liable for said taxes. 1 

When act to te in Sec. 3. This act shall be in force from and after its rati- I 

force. 44 „ J.' 

flcatlOll. i 

Ratified the 3d day of March, A. D. 1871. j 



1870- 71.— Chapter 205. 321 



CHAPTER C C V. 

^ ACT TO rKEVEXT THE FELLIKG OF TREES IN THE YADXIN 

RIVEB. 

Sectiox 1. The General Assemhly of North Carolina do Trees not to be 
\na(i^ That it shall not be hiwful for any person to fell any river. 
yee or trees in the Yadkin river, on or the banks of the 
•ame below high water mark, and suffer the same to remain 
for the space of ten days, at any point or place lying on 
jaid river, between the point where the Wilkes county line 

rosses said river, above Jonesville, and the point where the 

Davie county line runs to said river below Hnntsville. 

Sec. 2. If any person or persons shall violate the fii'st Penalty for vioia- 
^ , . , , , latious of this act. 

'cction 01 this act, or procure any one to do so, he, she or 

:hey, so offending, or procuring others to offend, shall for- 
feit and pay, for each tree felled, within the prohibited 
imits, the sum of ten dollars, to be recovered before any 
ustice of the peace within the county where the offence is 
committed, the action to be brought in the name of the state 
ly the party sueing therefor, and one half of the recovery 
:o belong to the prosecutor and the other half to the county 
n which the offence is committed. 

Sec. 3. In addition to the penalty prescribed in the second Additional pun- 
ection of thi.s act, any pcrs(jn or persons, violating the pro- '*"'"^" ■ 
nsions of the first secticn, shall be doemed guilt}' of a mis- 
iemcanor, and upon conviction thereof, shall be fined not 
ees than ten dollars nor more than one hundred dollars, or 
be imprisoned at the discretion of the presiding judge. 

Sec. 4. This act shall be in furce from and after thirty wheu act to be iu 
davs from its ratification. ^^^^^ 

Ratified the 3d day of April, A. D. Ib71. 



S22 1870-'71.— Chapter 206—207. 



CHAPTER CCYI. 

AN ACT IN FAVOR OF THE SURETIES OF HUGH B. GUTHRIE, LATE 
SHERIFF OF ORANGE COUNTY. 

Transfer of power SECTION 1. The General AssemlAy of North Carolina do 

John Turner. enact, Tliat all powers and authority conferred by chapters 

one hundred and forty-three and one hundred and seventy, 

of the laws of one thousand eight hundred and sixty-nine 

and one thousand eight hundred and seventy, on John 

Turner, sheriff of Orange, who died before exercising such 

power and authority, is hereby conferred upon J. II. Huglies, 

present sheriff of Orange count}^ or upon such person as 

may be selected by the solvent sureties of Hugh B. Guthrie, 

upon his official bond, and the time when the power and 

authority granted in said chapter shall cease and determine 

is hereby extended to the first day of April, one thousand 

eight hundred and seventy-two. 

"When act to be in Sec. 2. This act shall be in force from and after its ratifi- 
force. .. 

cation. 

Ratified the 3d day of April, A. D. 1871. 



CHAPTER CCYII. 

AN ACT FOR THE RELIP:F OF JAMES M. YOUNG, SHERIFF OF 
BUNCOMBE COUNTY, AND T. W. TAYLOR, SHERIFF OF HEN- 
DERSON COUNTY. 

Keiease from pen- SECTION 1. The General Asseiuhly of North Carolina do \ 
^ ^^*" enact, That James M. Young, sheriff of Buncombe county, i 

and T. W. Taylor, sheriff of Henderson county, be and aire 
hereby relieved from the payment of all penalties incurred ' 
by reason of their failure to settle with the treasurer of the \ 
state as required by law ; Provided, nevertheless, That said ^ 



1S79- 71.— CiiAPTEK 2oT— 208. 325 

James M. Yoiiiig and T. "W. Taylor, do make a settlement 
of tlieir taxes according to law with the treasurer, bj the 
first day of May, one thousand eight hundred and seventy- 
one ; And provided, that said James M. Young, shall not proviso. 
be subject to the provisions of the " act to compel sheritls to 
settle the public taxes," ratified March twenty-first, one thou- 
sand eight hundred and sevent)-one, until after the first day 
of May, one thousand eight hundred and seventy-one, and 
pay all costs that may have accrued in consequence of his 
failure to pay said tax at the time prescribed l)y law. 

Sec. 2. That this act shall be in force from and after its when act to be iu 

../• ■• force. 

ratmcalion. 

Eatified the 3d day of April, A. D. 1S71. 



CHAPTER CCYIII. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF GASTON COUNTY 
TO LEVY A SPECIAL TAX FOR THE PURPOSE OF REPAIRING 
THE BRIDGE OVER SOUTH FORK RIVER, AT HAYLER FERRY, 
WITHIN SAID COUNTY. 

Sbction 1. The General Assemhly of North Carolina do Amount and ob- 

\enact, That the commissioners of the county of Gaston be ""^^ 

and they are hereby authorized to levy and collect a special 

tax of twelve hundred dollars for the purpose of repairing 

tlie bridge over South Fork river, at Ilayler's ferry, in said 

county. 

' Sec 2. That the tax herein authorized to be levied shall 

be collected and accounted for in the same manner and 

under the same penalties which are api)licable to the col- 

, lection of the ordinary tax of the state and county. 

Sec. 3. That the tax herein authorized shall not be used Question submit- 
I 1 1 i« ^1 i.1 ii i. 1 • 1 • ted to voters o( 

t or expended for any other purjiose than that which is county. 

expressed in the first section of this act ; Provided, That 

the levy herein authorized to be made, be submitted to the 



-321 1870-71.— CiiAi>TER 208—200. 

qualified voters of said county, at the regular election to be 

lield on the first Thursday in August, anno domini one 

tliousand eight hundred and seventy-one, and if a majority 

of the qualified voters approve thereof, then the levy shall 

be made and not otherwise. 

When act to be m Seo. 4. This act shall take effect from and after its ratifi- 
foree. 

cation. 

Eatified the 3d day of April, A, D. 1871. 



CIIAPTEK CCIX. ] 

\ 

AN ACT TO AUTHORIZE TUE COMMISSIONERS OF ANSON COUNTTi 
TO ISSUE BONDS, &C. 

Preamble. WiiEREAs, By virtue of an act of the general assembly, 

entitled an act to alter and amend the charter of the Wil^ 
mington, Chaidotte and Rutherfoi-d Eaih'oad Company, rati-V 
fied second day of February, one thousand eight hundred 
and fifty-seven, it is provided that the counties along the ; 
line of the whole road shall be authorized and empowered ■'■ 
to subscribe for any nnmber of shares of the capital stock of i 
said company not exceeding four thousand, under provisions f 
therein made ; and whereas, some of the counties along said 
road did subscribe in pursuance of said act ; now therefore, 

Issuing of bonds. SECTION 1. The Genircl Assembly of North Carolina do 
enact, That whenever it may become necessary to issue any 
bonds in pursuance of said subscription, tlie duties devolved 
by said act upon the justices of the counties may be dis- 
charged by the board of county commissioners of said county, 
and chairman of the commissioners and clerk may discharge 
the duties of the chairman of the county court and clerk 
thereof. , 

Sec. 2. That whenever the board of county commissioners , 
of any of said counties so subscribing may be satisfied that j 
any bona fide holder of any bonds previously issued M'ith ; 

i 



1ST0-' 71. —Chapter 209—210. 325 

coupons, in pursuance of the subscription authorized by said 

act, has h->st the same, or that they have become nmtihited or 

otherwise injured or destroyed, so as to be of no vahie to 

the owner, and so that he can not realize the same or sucli 

part thereof as may be due him. That the said board of ?;^,;;^'^;;?t!sVor 

county connnissioners may cause new bonds and coupons to mutilated ones. 

be issued to such persons upon such requisitions as the coni,- 

misssioners may deem necessary and proper for the security 

of the counties. 

Sec. 3. That this act sh.all take effect and be in force from When act to take 

ClltJCt). 

and after its ratification. 

Ratified the 3d day of April, A. D. ISTl. 



CHAPTER C C X. 

AN ACT TO AUTHi'RIZE C. AI'STIX, LATE SUEKIFF OF THE 
COUNTY OF UNION TO COLLECT AKEEAKS OF TAXES. 

Section 1. The General AssemhJy of JVort/i Carolina do ^[Jj^^^jj^.,^^ ^'''^ 
<37iact, That Culpepper Austin, late sheriff' of Union county, 
be and he is hereby authorized and empowered to collect 
the arrears of taxes due on the tax list of said county for the 
years one thousand eight hundrfed and sixty-six and one 
thousand eight hundred and sixty-seven, under the same 
rules, regulations and restrictions as other collections of taxes 
are made by virtue of the law of this state ; Provided, That Proviso, 
the authority by this act granted shall not extend to the 
estate of any person deceased or his executors or adminis- 
trators, or to any person who will make affidavit that the 
tax claimed has been paid, or to any land the title of which 
is in a party other than party who returned it for taxes. 

Sec 2. This act shall be in force fi\)ni and after its ratifi- When act to be ia 

force. 

cation. 

Ratified the 3d day of April, A. D. 1871. 



326 IS 70-' 71. —Chapter 211. 



CHAPTER C CXI. ' 

AN ACT TO SUBMIT THE QUESTION OF " CONVENTION," OR " NO \ 

CONVENTION," TO THE PEOPLE, AND TO I'ROVIDE FOR THE \ 

ELECTION OF DELEGATES. ] 

Preamble. WiiEREAS, Tlie present constitution is, in many respects, ' 

burdensome and oppressive to the people of the state, and is, 

in many of its provisions, ill-adapted to their wants and con- j 

dition ; a?id loh-ereas, the taxes required by said constitution I 

to be levied upon the citizens of the state by this general ' 

assembly, are, in the judgment of this general assembly, too j 

grievous to be borne, and cannot be collected without j 

effecting the ruin of our people ; mid whereas, the general j 

assembly, having reason to believe that a majority of the i 
voters of the state are anxious to^amend the said constitution 

in many particulars, consider it their duty to adopt measures '■ 
for ascertaining the will of their constituents, and to provide 

the means for carrying of that will into effect when ascer- | 

tained ; theretore, ' 

Section 1. The General Assembly of North Carolina do 
When and where ^, , , . /,. , , , . , i . ( 
polls to be enact, 1 hat the sheritis oi the several counties oi this state- 
shall open poll® at the various precincts in their respective 
counties, as now established by law, on the fiist Thursday in \ 
August, anno domini one thousand eight hundred and sev- 
enty-one, when and where all persons qualified to vote for \ 
members of the general assembly may vote for or against a j 
state convention, under the restrictions hereinafter pre- ; 
scribed ; those who wish convention voting with a printed ■ 
or written ticket, " Convention," and those who do not 1 
wish such convention, voting in the same way, " No Con- '. 
vention ;" also to open separate polls at the said time and \ 
places for the election of delegates to the convention, to be j 
assembled in the city of Raleigh, at such time as is herein- j 
after prescril)ed, said polls to be superintended by the reg- I 
istrar of the precinct, and [by two judges O'- inspectors at | 



Manner of voting. 



1870-'71.— Chapter 211. 327 

each of said places of liolding the election, to be appointed 
by the commissioners of said counties respectively. 

Sec. 2. That it shall be the duty of the said registrars and Duties of regis- 
said judges or inspectors, immediately after the close of the {o*s'] """^ '°^P®*^' 
polls, to count the ballots in the presence of such electors as 
may desire to be present, and make out a correct statement 
under their hands, of the polls at their respective places of 
holding said election, which shall be sealed up and returned 
to the commissioners of their respective counties, by twelve 
o'clock on Saturday, after said day of election ; Provided^ 
The counties of Carteret, Dare and Hyde shall be allowed 
until Tuesday, af^^r the election, to make their returns ; and 
said commissioners, (or any two of them in the presence of 
five or more of the citizens of said county,) shall compare 
said returns at the court house, or other place of holding 
court in their respective counties, and make duplicate state- 
ments of said returns, sworn to before some person autho- 
rized to administer oaths, which shall be deposited in the 
office of the register of deeds of the county ; and if, for any 
cause, the return for any precinct be not in by three o'clock, 
p. m., then and in that case the commissioners shall adjourn 
without comparing the polls, to meet again on the following 
Tuesday, at twelve o'clock, m., when the polls of the various 
precincts of that county shall be compared, and in the mean- 
time they shall direct the sheriff, or one of his deputies, to 
compel the attendance of the delinquent returning officer 
with the vote of his precinct. When the commissioners 
have thus completed the comparison of the polls, they shall result. 
make proclamation at the court house door, of the vote cast 
for and against the convention, and the names of the person 
or persons duly elected as delegates. 

Sec. 3. The register of deeds for each county shall trans- Register of deeds 
mit by mail, on or before the tenth day of August, anno ^°^a^« x<t\xaiit. 
domini one thousand eight hundred and seventy-one, to the 
office of the attorney-general, under his hand, one of the 
certified statements provided for in the foregoing section, aiid 
Bhall, on or before the same day, give to the person or per- 
sons duly elected delegate or delegates, a certificate of his 
19 



328 



1870- 71.— Chaptek 211. 



Returns, how 
onened and count- 
ed. 



Eesnlt. 



Convention to as- 
semble. 



Appointment of 
inspectors. 



Registrars. 



or their election ; and if for any canse there be no reg- 
ister of deeds in any county, the commissioners of snch 
county, when tliey declare the result, shall appoint one. 

Sec. 4. The attorney general shall endorse upon the 
returns thus made to his office the time when the same were 
received, and shall file them away until the fourth Thursday 
of August, anno doinini one thousand eight hundred and 
seventy-one, when they shall be opened and counted by the 
attorney general, the president of the senate, the speaker of 
the house of representatives and the secretary of state, or 
any two of them ; and the result shall be by them an- 
nounced in such manner as they may deem best. If a ma- 
jority of the votes be against a convention, they shall so 
declare in a proclamation, and in that case the delegates shall 
not assemble. But it a majority be for a convention, the}' 
shall so declare, and in that event the delegates elected at 
said election in the various counties, shall assemble in the 
city of Ealeigh, on the third Thursday of September, anno 
domini one thousand eight hundred and seventy-one, for the 
purpose herein declared. 

Sec. 5. The election shall be held in all respects in strict 
conformity to the existing laws of this state regulating elec- 
tions for members of the general assembly, and according 
to the provisions of this act. 

Sec. 6. That the inspectors of election mentioned in 
section first of this act, shall be appointed by the commis- 
sioners of each county respectively, at a meeting to be 
held on the first Monday in June, one thousand eight 
hundred and seventy-one, or as soon thereafter as practi- 
cable, and said commissioners shall at the same time appoint 
a registrar of voters for each voting precinct or township, 
whose duty it shall be to revise the existing registration 
books of his precinct or township, in such manner that said 
books shall show an accurate list of all electors previously 
registered in such precinct or township, and still residing 
therein, without requiring such electors to be registered 
anew ; and such registrar shall also at all times, after his 
appointment, up to, and on the day of election aforesaid. 



1S70-'71.— CiiAiTEK 211. 329 

Iveep opeii said books, and shall be at the polls on said day, Duties of Rci^is- 
with said books for the registration » of any electors residing 
in such precinct or township, and entitled to registration, 
whose names have never before been registered in such pre- 
cinct or township, or do not appear in the revised list; no 
certificates of registration shall be given, and no elector 
shall be entitled to register or to vote in any other precinct 
or township than the one in which he is an actenal and hona 
fide resident on tlie day of election. Any person offering 
to vote, although his name may be on the registration books, 
may be challenged as to his right to vote on the day of elec- 
tion, and the question shall be decided by the inspectors of 
the box and the registrar of the precinct or township, before 
the ballot is received. 

Sec. T. That if a vacancy shall occur by death or other- Vacancies, 
wise, of any person elected delegate as aforesaid, the presi- 
dins: olScer of the convention shall issue his writ to the 
sheriff of the county in which such vacancy may have oc- 
curred, after such notice as the convention may order, to 
open polls to fill such vacancy under the same rules and 
regulations as hereinbefore prescribed for the election of 
delegates. 

Sec. 8. That said convention shall consist of one hundred Number of Dele^ 
and twenty-one delegates, and each county shall be entitled 
to tlie same number of delegates as members of the house 
of representatives, under the present apportionment, and the 
county of Dare shall be entitled to one delegate. 

Sec. 9. That said convention shall have power to fix Payofofflcera 
the pay of all its oificers and members, and shall provide for " ^"^"^ '^^^ 
other expenses to be paid out of the treasury as it may 
direct. 

Sec. 10. That said convention shall have power to elect its Qualification of 
officers, and shall be the judge of the qalifications and elec- 
tion of its members, who shall be electors of the state of 
North Carolina. 

Sec. 11. The said convention shall have power to con- Powers of Coa~ 
sider and propose all necessary amendments and alterations 
to the constitution, not inconsistent with the constitution of 



330 



1870-'n.— Chapter 211. 



the United States, except as is hereinafter provided, to-wit r 
The said convention shall have no power or authority what- 
ever — 
Restrictions. 1st. To offer or propose any amendment to, or alteration, 

of, or in anywise interfere with, repeal or modify the home- 
stead and personal property exemptions, as provided for in 
article ten of the constitution of the state ; 

2d. To modify, repeal, or do any other act to restrict, im- 
pair, or in any way interfere with the rights, privileges or 
immunities of any person in the state on account of race, 
color or previous condition, which are now guaranteed to him 
by the thirteenth, fourteenth and fifteenth amendments to the 
constitution of the United States ; or to propose any amend- 
ment to the constitution of the state in anywise impairing or 
restricting said rights, privileges or immunities ; 

3d. To modify or repeal that clause in the present con- 
stitution which provides for a mechanics' and laborers' lien 
law ; 

4th. To pass any ordinance or ordinances, legislative in 
their character, except such as are necessary for the purpose 
of submitting the constitution as amended to the people for 
their ratification or rejection, and except ordinances in rela- 
tion to the public debt and in relation to the convention 
itself. 

Sec. 12. That said convention may revise the constitution 
of the state, embodying in it such alterations and amend- 
ments as may be agreed upon, not inconsistent with the pro- 
visions of this act ; but no such revised constitution shall 
have any force or validity until the same shall have been 
ratified by a majority of the qualified voters of the state, to 
whom the same shall be submitted according to the mode 
to be prescribed by ordinance of said convention. 

Sec. 13. That no delegate to said convention shall be per- 
mitted to take his seat in said con^-ention until he shall have 
taken and subscribed the following oath or affirmation before 
any judge of the supreme or superior courts, or any justice 
Oath of delegates, of the peace of Wake county, to-wit: I, A. B., do solemnly 
swear, (or affirm, as the case may be,) that I will faithfully 



Constitution to 
be submitted to 
the people. 



1870-71.— Chapter 211. 331 I 

inaiiitaiu and support the constitution of the United States, ^ 

and will not either directly or indirectly evade or disregard '■ 

the duties enjoined, or the limits fixed, to this convention ' 

by the people of North Carolina, as set forth in the act of ' 

the general assembly passed in one thousand eight hundred I 

and seventy-one, entitled " an act to submit the question of I 
Convention or No Convention to the people, and to provide 

for the election of delegates, which act was ratified by the ; 

people : So help me God." j 

Sec. 14. That any registrar, or judge, or judges of elec- Penalty on officers j 
tion, appointed under the pro^nsions of this act, or any county witiTfhis'act.™^ ^ I 
commissioners, or register of deeds, or sheriff, failing or \ 
neglecting to make the returns and perform the duties re- i 
-quired of him by this act, shall be deemed guilty of a misde- i 
meanor, and on conviction, shall be fined not less than five j 
hundred nor more than one thousand dollars, or imprisoned J 
not more than six nor less than two months, at the discre- 
tion of the court. , 

Sec. 15. Any person who shall knowingly and fraudulent- Fraudulent regis- i 

ly register or vote, or induce another to do so contrary to the ^^ ^^° ^ ^° ^^' j 

provisions of this act, shall be deemed guilty of a misde- ; 

meanor, and on conviction, shall be imprisoned not less than i 

six nor more than twelve months, or fined not less than one ; 
hundred nor more than five hundred dollars ; and any regis- 
trar of voters who shall make or cause or suffer to be made, 

any entry with intent to commit a fraud, shall be subject to j 

indictment and liable to the same penalty. ; 

Sec. 16. That the joint committee on printing shall im- Copiea of law to I 

mediately have printed ten copies of this act for each senator ' ' 

and member of the house of representatives, and shall have \ 
printed and transmitted by mail one hundred copies to the 

board of commissioners for each county, whose duty it shall I 

be to furnish one copy to each registrar in their respective ; 

counties, and one copy to the inspectors of election at each | 

precinct before the day of election. j 

Sec. 17. This act shall be in force from and after its ratifi- whm act to b« Ja 

cation, and shall operate as an entire suspension of the act ^^' 



832 



1870-'71.— Chaptee 211—212. 



ratified the eiglit day of February, one thousand eight lum- ; 

dred and seventj-one, entitled "an act concerning a con- j 

vention of the people." "j 

Eatified the 3d day of April, A. D. 18T1. ] 



CHAPTEE CCXII. 

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF CALD- 
WELL COUNTY TO LEVY A SPECIAL TAX. 



Object of special 
tax. 



Limitatioii. 



When act to be in 
force. 



Section 1. The General Asse7nljly of North Carolina do 
enact, That the county commissioners of Caldwell county by 
and they are hereby authorized to levy a special tax for the pay- 
ment of the county indebtedness and other purposes, said tax 
to be levied, collected and accounted for as other taxes are, 
and to be paid over to the county treasurer to be disposed of 
as the commissioners may direct, said tax to be collected and 
accounted for under the same penalties as taxes for state and 
county purposes. Said taxes shall not exceed the sum of 
three thousand dollars, and may be levied at such time as 
the said commissioners may deem proper ; Provided, never- 
theless, That this lev}^ shall not exceed the constitutional 
equation in reference to poll and real estate taxation. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Eatified the 3d day of April, A. D. 1871. 



1S70- 71.— Chapter 213. 333 



CHAPTER CCXIII. 

AJSr ACT TO AUTHORIZE THE COMMISSIONERS OF CLEAVELAKD 
COUNTY TO ISSUE BONDS. 

Section 1. The General Assemlly of North Carolina do Amouutandde- 

'' ^ _ _ nominations of 

enact, That in order to liquidate the liabilities of the county bonds. 

of Cleaveland, tlie commissioners of said county are hereby 

authorized to issue coupon bonds, not exceeding in amount 

the sum of thirty thousand dollars, in denominations of not 

less than twenty dollars. 

Sec 2. The said bonds shall run for ten years with inter- Term andinter- 

fcSt. 

est, at the rate not exceeding eight per cent, per annum, 
payable semi-annually, and coupons on said bonds shall be 
receivable in payment of county t^ixes for any fiscal year in 
which they may fall due. 

Sec. 3. The said county commissioners shall have the Ri^htof redemp- 
privilege to redeem said bonds at any time after the expira- 
tion of one year, and may, in their discretion, appoint a suit- 
able person as trustee and commissioner of a sinking fund, 
who shall, each year purchase one-tenth of said bonds then 
outstanding, or receive from the county treasurer, by order 
of said county commissioners, one-tenth of the amount suffi- 
cient to redeem said bonds when they shall fall due. 

Sec. 4. That no bonds authorized by this act shall be Q»estiontobe 

_ •' _ submitted to vo- 

issued until after an election to be held in said county under tcis. 

the direction of the county commissioners, in Which election 

a raajoi'ity of the votes cast by the qualified voters of said 

county shall be in favor of the issuing of such bonds for the 

purpose herein specified. 

Sec. 5. This act shall be in f irce from and after its rati- Whan act to be in 
£ ^. force, 

iication. 

Eatitied the 3d day of April, A. D. 1871. 



334: 



1870-'T1.— CnAPTEK 215. 



CHAPTERCCXIY 



AN ACT TO AUTHOEIZE THE COUNTY OF WILSON TO IS8UB 

BONDS. 



Amount and de- 
nominations of 
l)ond6. 



Interest. 



How to be ap- 
plied. 



Manner of issue 
and terms. 



Redemption. 



Question to be 
submitted to vo- 
ters of county. 



Section 1. The Genet^al Assembly of North Carolina do 
enact, That the board of commissioners for the county of Wil- 
son, be and the same are hereby authorized to issue coupon 
bonds not to exceed in amount the sum of ten thousand dol- 
lars, in denominations of not less than twenty-five dollars 
($25) nor more than five hundred dollars ($500) which said 
bonds shall not bear interest at a greater rate than eight per 
cent. 

Sec. 2. That it shall not be lawful for said board of com- 
missioners to negotiate the said bonds for any other purpose 
than the funding of such^ debts and liabilities of the said 
county as may be outstanding at the time of the ratification 
of this act. 

Sec. 3. That said bonds shall be made payable after the 
expiration of twenty years from the date thereof ; Provided, 
nevertheless, That the said bonds shall be divided in five 
classes, each class comprising two thousand dollars of said 
bonds, and that the said county commissioners shall have 
power to redeem the said classes as follows, viz : the first 
class after the expiration of four years from the date threof ; 
the second class after the expiration of eight years from the 
date thereof ; the third class after the expiration of twelve 
years from the date thereof; and the fourth class after the 
expiration of sixteen years from the date thereof; and that 
the said several bonds shall distinctly set forth on their re- 
spective faces the manner in which they are payable. 

Sec. 4. That the board of county commissioners of "Wilson 
county shall, on tlie first Thursday in August, in the year 
one thousand eight hundred and seventy-one, cause polls to 
be opened at the several election precincts in the said county 
as now fixed by law, at which election the question shall be 
submitted to the quahfied voters of the county, for ratifica- 



1870-'71.— Chapteb 214—215. 385 ! 

i 
tion or rejection tliereof, those favoring a ratilication shall \ 

vote a written or printed ticket inscribed with the word ' 

" Eatification," those opposed to the ratification with the ! 

word "Rejection." 

Seo. 5. That this act shall 20 into effect only in case a When act to take 

eflect 
majority of the qualified voters of said county shall vote in ' ! 

favor of its ratification. 

Ratified the 3d day of April, A. D. 1871. ! 



CHAPTER CCXV. 

AN ACT TO RENDEK VALID AND BINDING THE ACTS OF CEE- i 

I 
TAIN OFFICERS IN THE STATE AND FOR OTHER PURPOSES. 

I 

Whereas, In several counties in the state, contests have Preamble. ; 
arisen in regard to the rights of parties elected at the late 

election in August fourth, one thousand eight hundred ] 

and seventy, to hold, occupy and enjoy the ofiices to which ] 

they were respectively elected in said counties ; therefore, : 

Section 1. T/ie Gene7'al Assemhly of North Ccrolina do incumbent enti- \ 

ena/jt^ That in all cases ol said contested elections the person ® " ^o ce. j 

or persons who have been inducted into oflice or who still I 

hold said ofiice by virtue of said election, or any persons who | 

still hold said office by virtue of any previous elections or \ 

appointments shall be deemed and considered as the proper \ 

person entitled to said office and be entitled to all the ■ 

privileges, protection and immunities, to which said respec- ; 

five oflBccs entitle tliem, until the rights of the parties I 

claiming said offices shall be legally decided. j 

Sec. 2. That all acts and deeds of the person or persons official act* of in- ' 

1 1 J. • 1 n^ 1 • 1 ^ • . ,. cunibants made 

now holding said othce, done in pursuance and by virtue of valid. 

said oflBce during their continuance in said office, shall be i 

deemed lawful and valid, and the parties so holding said ■ 

offices shall not be held liable in either a criminal or civil \ 



336 



1870-'71.— CHArTEK 215—216. 



Act not to efifect 
contests. 



When act to be in 
force. 



action for the acts and deeds done by virtue and antbority 
of tlie said office so held and exercised by them. 

Sec. 3. That this act shall not in any wise impair or 
affect the legal rights of any person or persons contesting 
said elections and claiming said offices. 

Sec. 4. That tliis act shall be in force from and after its 
ratification. 

Ratified the 4ri) day of April, A. D. 1871. 



CHAPTER OCX VI. 



AN ACT TO AMEND AN ACT ENTITLED '' AN ACT IN RELATION 



TO PEOCEEDINGS IN CONTEMPT. 
THE OFFENCE OF CONTEMPT. 



AND TO FUETIIEB DEFINE 



Preamble 



Whereas, Doubts have been expressed whether the act 
of the general assembly entitled an act in relation to pro- 
ceedings in contempt, ratified on the tenth day of April, 
anno domini one thonsand eight hundred and sixty-nine, did 
enumerate and specify all the acts of contempt of court, 
whether of malfeasance, misfeasance or non-feasance, of 
which any officer or person could be legally guilty and be 
punished therefor ; and by reason of such doubts the judi- 
cial authority have asserted that other acts of contempt not 
specified in said act of the general assembly, still exist by 
virtue of the common hiM', and have assumed the power to 
exercise jurisdiction over the same under the alleged au- 
thority of the said conimon law, and to impose other pun- 
ishments therefor besides those prescribed and defined by 
the said act; And, whereas, it is due alike to the judicial 
authority and the freedom of the citizen that all offences, 
and especially those for which summary punishments without 
trial by jury may be imposed by courts, should be distinctly 
known, and the nature and extent of their punishment 
defined and prescribed by law ; now, therefore, 



ISTO-'Tl.— Chapter 210. 33T 

ISection 1. The General Assembly of North Carolma do Amendment to 

. . „ law of 1809. 

€i\act, That sub-divisions seven, of section one ot an act en- 
ittled " an Rct in relation to proceedings in contempt," rati- 
fied on the tenth day of April, anno doniini one thousand 
eight hundred and sixty-nine, be and the same is hereby 
amended by inserting atter the word " court" in the second 
line thereof, the words "about any trial or other matter 
then pending before said court made with intent to misrep- 
resent or to bring into contempt the said ooui't." 

Sec. 2. That the several acts, neglects and omissions ot fe'jj^jj^t^of °4^|?°" 
duty, malfeasances, misfeasances and non-feasances, specified 
and described in said act of April, one tliousand eight 
hundj-ed and sixty-nine, as hereby amended, shall be and 
they are hereby declared to be the only acts, neglects ai.d 
omissions of duty, malfeasances, misfeasances and non- 
feasances, which shall be subject of contempli of court. 

Sec. 3. That if there be any paVt3 of the common law Repeals. 
now in force in this state which recognized other acts, neg- 
lects, omissions of duty, malfeasances, misfeasances, or non- 
feasances, besides those specified and described in said act, 
the same are hereby repealed and annulled. 

Sec. 4. That no person who shall have been duly licensed JJjrof li^use."' 
to practice law as an attorney, bhall b3 debarred or deprived 
of his license and right so to practice law either permanently 
or temporarily, unless he shall have Iwen convicted or in 
open court confessed himself guilty of some criminal offence, 
showing him t^j be unfit to be trusteed in the discharge of the 
duties of his profession. 

Si:c. 5. This act shall be in force from and after its rati- WTbe^n act to be ia 
fication. 

Katified the -ith day of April, A. D. 1871. 



338 1870-'71.— Chapter 217. 



CHAPTEE CCXVII. 

I 

AN ACT TO AMEKD SECTION TWENTY-THREE, (23) OF CHAPTEE j 

THIRTY-SEVEN, REVISED CODE, ENTITLED " DEEDS AND CON- ; 

I 

VEYANCES." j 

Amendment to SECTION 1. The General Assemlly of Noi'th Carolina do \ 

-Coda, ' enact, That section twenty-tliree (23) of chapter thirty-seven | 

(37) revised code, entitled "deeds and conveyances," be | 
amended by adding thereto the following : That any deed I 
of trust or mortgage which hath been or which hereafter j 
may be registered in the manner required by this and the 
preceding sections, may be discharged and released in the 
following manner, to-wit : the trustee or mortgagee or his or 
her legal representative, or the duly authorized agent or 
attorney of such trustee, mortgage or legal representative, 
may, in the presence of the register of deeds, acknowledge 
the satistaction of the provisions of such trust or mortgage, 
whereupon it shall be the duty of the register forthwith to 
make upon the margin of the record of such trust or mort- 
gage, an entry of such acknowledgment of satisfaction, which 
shall be signed by the said trustee, mortgagee, legal repre- 
sentative or attorney, and witnessed by the register, who 
shall also affix his name thereto, and every such entry thus 
acknowledged and witnessed shall operate and have the 
same effect to release and discharge all the interest of such 
trustee, mortgagee or representative in such deed or mort- 
gage, as if a deed of release or re-conveyance thereof had 
been duly executed and recorded. 
"When act to be in ^^^' ^- That this act shall be in force from and after its 
Sorce. ratification. 

Katified the 4th day of April, A. D. 1871. 



1870-71.— Chapter 2 18. 339i ^ 

i 



CHAPTER CCXA^III. 

Ay ACr TO INCORPORATE THE MOUNT AIRY AND CENTRAL 
RAILROAD COMPANY. 

' Section 1. T/ie General AssemUy of North Carolina do Corporators 
enact, That it shall be lawful for Jesse Moore, J no. Rawley, 
Thos. W. Prather, Robert S. Gilmer, Jno. Brower, Dr. Jos. 
Hollinsworth, James Davis, Job Worths, Nick Dalton, or 
any three of them, to open books of subscription at Mount f^<;9j^t«j„^J/'^^- 
AiVy and such other places as they may select, for the pur- 
pose of receiving subscriptions to an amount not exceeding 
three hundred thousand dollars in shares of fifty dollars each, C^apM stock and 
for the purpose of effecting a communication by means of a 
1 narrow guage railroad from some point in or near Mount 
Airy, Surry county, North Carolina, to some point on the Location of road. 
North Carolina Central Railroad, either by the way of 
Salem to Greensboro', on the route of the Northwestern 
North Carolina Railroad, or by any other route which may 
be deemed by the stockholders most advisable, and for pro- 
viding everything necessary and convenient for transporta- 
I tion on the same. 

; Sec. 2. When the sum of seventeen thousand dollars shall Corporate name^ 
I be subscribed, the subscribers, their executors, admin istra- 
I tors or assigns shall be and they are hereby incorporated 
into a company by the name and style of the Mount Airy 
. Railroad Company, and by that name shall be capable of 
' purchasing, holding, selling, leasing and conveying estates, 
real, personal and mixed, so far as shall be necessary for the Rjg|^8 and priyiih 
purposes specified in this charter and no further and shall 
have peq:)etual succession, and by said corporate name may 
sue and be sued, and may have and use a common seal and 
shall have all of the powers, rights and privileges which 
other corporate bodies lawfully have for the purpose herein 
mentioned and may make all such by-laws rules and regula- 
tions not inconsistent with the constitution and laws of this 
state, or those of the United States, as shall Ijc necessary for 



MO 



1870-'71.— Chapter 218. 



Meeting of sub- 
scribers. 



President and di- 
irectors. 



Furtlier powers 
and privileges. 



Proviso; 



the well ordering and conducting of the affairs of said com- 
pany. 

Sec. 3. When the said sum of seventeen thousand dollars 
shall have been sul)scribed, public notice of the fact shall be 
given by three or more of the said commissioners at Mount 
Airy, who shall have power at the same time to call a general 
meeting of the subscribers at Mount Airy. To constitute 
such a meeting a number of persons entitled to a majority 
of the votes shall be present, either in person or by proxy, 
and if a sufficient number do not attend on that day then 
those who do attend shall have power to adjourn from time 
to time until a meeting shall be formed. 

Sec. 4. The subscribers at their general meeting before 
directed, and the stockholders at every annual meeting there 
after, shall elect a president and five directors who shall 
continue in office unless sooner removed, until the next 
annual meeting and until their successors are appointed. 
But the president or any of the directors "may at any time 
be removed, and the vacancy thereby occasioned, be filled 
by a majority of votes given at any general meeting. The 
president with any two or more of the directors, or in the 
event of absence, sickness or inability of the president, any 
three or more of the directors who shall appoint one of their 
own body president _^>rc tempore, shall constitute aboard for 
the transaction of business. In the case of vacancy in the 
office of president or any director happening from death or 
resignation, removal or inability, such vacancy may be sup- 
plied by the appointment of the board until the next annual 
meeting. 

Sec. 5. The said corporation shall be invested with all the 
powers, rights and privileges conferred upon the Raleigh and 
Gaston Railroad Company by its charter granted in the j^ear 
one thousand eight hundred and thirty-five, and shall be 
subject to all the rules, regulations and restrictions therein 
contained, so far as the same are applicable to a railroad 
above designated and are consistent with the provisions of 
this act ; Provided, nevei'theJess, That the judges of the 
courts of probate of Surry, Stokes and Forsythe counties 



1870- 71.— Chaptek 218. 341 

shall exercise the powers conferred by said charter on the 
court of pleas and quai-ter sessions, so far aa the condem- 
nation of land is concerned for the use of said company. 

Sec. <i. The county commissioners ot Surry, Stokes and Subscriptions by 

•' • f counties. 

Forsythe counties shall [have] power to subscribe for any num- 
ber of shares of the capital stock of said company a sum not 
exceeding in amount three times the sum subscribed by indi- 
viduals, and in no event exceeding the sura of one hundred 
thousand dollars. A majority of said county commissioners re- 
spectively shall at any time within three years after the ratifica- 
tion of this act, determine the number of shares for which they Question submit- 
proposethat their counties shall subscribe and appoint a day 
for holding an election in relation thereto and cause the 
same to be entered upon their minutes, and it shall be the 
duty of the sheriffs of said counties at the court house to 
advertise the object and the day of election for at least 
twenty days prior thereto on said day to open and keep 
open the polls, agreeable to the acts regulating the election 
of members of the general assembly, and all qualified voters 
for the house of representatives of this state in said counties 
of Surry, Stokes and Forsytlie, who shall have resided there 
ninety daj's before the election favoring subscription, may 
vote " Railroad," and those opposing subscription may vote 
" Xo Railroad," and the result of the election shall be made 
kiiown to the conmiissioners of said counties at their first 
meeting after the election, and shall be made a matter ot 
record. It the result shall be favorable to the subscription, 
then it shall be the duty of said boards of commissioners of 
Surry, Stokes and Forsythe counties to authorize the chair- 
man of their respective boards to make the subscription in 
tlie name of their respective counties. 

Sec. 7. To enable said boards to meet the instalments Bonds may be is- 

, , , , . T 1 1 • , • 1 . sued by counties, 

that may be required upon sucli subscription or otherwise 

pay the same, they are hereby invested with authority to 
issue bonds of their respective counties redeemable in a 
period not exceeding twenty years from the dates thereof, 
bearing interest payaljle semi-annually, at a rate not exceed- 
ing eight per cent, per annum, and it shall be the duty ot 



342 



1870-'71.— Chapter 218. 



Increase of capi- 
tal stock. 



Company may 
borrow money, 
&c. 



May receive land 
a« subscription. 

Proviso. 



said boards regularly to provide the means for meeting 
the interest on said bonds as the same shall become due by- 
levying such taxes annually upon persons, lands and other 
property within said counties as shall be sufficient tor that 
purpose, and the said boards respectively shall have power 
to appoint one of their number to negotiate any loan or 
loans that may be necessary, to sell and dispose of the bonds, 
to receive the tax imposed to meet the interest and apply 
the same to its payment, and to represent said counties in all 
meetings of the stockholders of said company and to receive 
the dividend that may become due upon the county stock, 
and apply the same either to the interest or to a sinking 
fund for the extinguishment ot the principal as the said 
boards may direct ; and it shall be likewise the duty ot said 
boards to make provisions by taxation or otherwise for the 
prompt payment of the principal of said bonds when they 
shall become due. 

Sec. 8. It shall be lawful for a majority of the stockholders 
at any general meeting to increase the capital stock of said 
company by the addition of as many shares as they may 
deem necessary for which they may at their discretion, cause 
subscriptions to be received in such manner as may be pre- 
scribed by them or may sell the same for the benefit of said 
company for any sum not under the par value thereof, and 
the said directors, or a majority of them, shall, by and with 
the consent of stockholders in general meeting assembled, 
have power to borrow money for the purpose of this act, to 
issue proper certificates of such loans and to pledge the 
property ot the company by mortgage or otherwise for the 
payment of the same, and the interest that may accrue 
thereon, provided the interest shall not exceed ten per cent, 
per annum. 

Sec. 9. It shall be lawful for said company to receive not 
exceeding fifty thousand acres ot land in payment for sub- 
scriptions of stock ; Provided^ That it shall not be lawful 
for said company, at the expiration of ten years after the 
completion of this road, to hold more land than shall be 
necessary for the use of the road. 



1870-71.— Chaptek 218—219. 343 ] 

Sec. 10. That each gubscriptbn to the capital stock of the Sai»«jr^t5onbind- 

same company shall be binding from the time of making it. ' 

Tliat in paying the last instalment on each share a credit of j 

eight per cent, per annnm shall be allowed on all previous 'j 
payments from the date of payment. 

Ratified the 4th day of April, A. D. 1871. 1 



CHAPTER CCXIX. 

AN ACrr FOR THE PROMOTION OP IMMIGRATION AND THE SET- 
TLEMENT OF THE UNIMPROVED LANDS OF THE STATE. 

Sechon 1. T}t£ General AsseinUy of Noi^th Carolina do Railroa4Immi- 
&iaxit, as follows, For the purpose of promoting immigration ^i.°* ^°* *' 
into this state, and the settlement ot the unimproved lands 
of the state, a corporation is hereby created, under the name 
of " The Railroad Immigration Association of !North Caro- 
lina," to have perpetual succession and a common seal, which 
they may alter and change at their pleasure, and shall be corporate rights. 
capable of suing and being sued, of pleading and bemg im- 
pleaded, with capacity to hold real and personal estate. 

Sec. 2. Said corporation shall consist of the Raleigh and Cocporators. 
d-aston Railroad Company, the Wilmington and Weldon 
Railroad Company, the Wilmington, Columbia and Augusta 
•Railroad Company, the North Carolina Railroad Company, 
the Seaboard and Roanoke Railroad Company, the Peters- 
burg Railroad Company, the Atlantic and North Carolina 
Railroad Company, the Wilmington, Charlotte and Ruther- 
ford Railroad Company, the Western Railroad Company, 
the Western North Carolina Railroad Company, tlie Peic- 
mont Railroad Company, the Charlotte and Atlantia Railroad 
Company, the Atlantic, Tennessee and Ohio Railroad Com- 
pany, the Charlotte, Columbia and Augusta Railroad Com- 
pany, the Chatham Railroad Company, the Williamston and 
Tarboro' Railroad Company, the Eden ton and Norfolk 
20 



344 



18Y0-'71.— Chapter 219. 



Subscriptions by 
Railroad corpora 
tions. 



Board of Direc- 
tors. 



President and 
Vice Presidents. 



By-Laws. 



Secretary and oth- 
er officers 



Powers and pri\i- 
lesres. 



Eailroad Companj, the Korth AVestera North Carolina 
Railroad Companj, and all other railroad companies, now or 
hereafter to be incorporated, the whole or any portion of 
whose lines are in this state, or any one or more ot said 
railroad corporations who may desire to become members of 
the corporation herein authorized. 

Sec. 3. All railroad corporations agreeing to become stock- 
holders of this association shall subscribe and pay annually, 
at such time as may be determined by the board of directors 
herein authorized to the treasurer of the association, ten dol- 
lars per mile (or a larger amount if they shall deem it neces- 
sary to carry into effect the object of this charter,) for each 
mile of road in actual running order located in this state. 

Sec. 4. The affairs of this association shall be managed by 
the general board of directors, to be formed as follows, viz : 
The directors of each subscribing corporation shall choose 
one director ; these directors shall choose a president of the 
association ; the presidents of the subscribing corporations 
shall be ex officio vice-presidents of this association, and the 
general board of directors shall consist of said designated di- 
directors, of the vice-presidents and the president of .he asso- 
ciation, which president with the attorney shall reside at 
Raleigh. 

Sec. 5. The general board of directors may pass such 
by-laws for the government of the association as they may 
see fit, not inconsistent with the constitution and laws of the 
United States or of this state, and may appoint and remove 
an attorney, secretary, treasurer and other officers, and fix 
their compensation and prescribe their duties. 

Sec. 6. The railroad immigration association shall have 
power to buy, and sell, lease, mortgage or otherwise convey 
lands, to make advances of money or other things to settlers 
and others, on such terms and on such securities, real or 
personal, as may be agreed on, to negotiate for the purchase 
or sale of lands, to aid settlers and. others in the purchase 
of lands or building of houses, and improving lands, and in 
general to carry on the business of a land and immigration 
company. The association may likewise own and manage 



1870-'71.— Chapter 219. 345 

•steam or otlier vessels, and take measures for the transporta- 
tion of persons and property into the state, and take all pro- 
per or customary measures for the comfort and interests of 
immigration and settlers. It shall likewise have power to 
appoint one or more commissioners and agents to visit or 
reside in Europe and other countries, as well as in the 
United States, for the purpose of soliciting immigration and 
carrying out the objects ot this charter. 

Sec. 7. Each railroad company becoming a member of this Settlement of 

. . 1 11 1 1 . • 1 . 1 i 1 ^ 11 land along sub- 

-association shall, through its president, have control oi all scribing roads, 
settlements of land and of all other business of the asso- 
ciation along its line ; Promded, Jwweverj That no expen- 
-ditures of the funds of the association shall be made without 
the authority of the general board thereof; and all net 
profits made in carrying out the objects of this charter by 
any company shall be paid into the treasury of the associa- 
tion. Full reports of all proceedings and exhibit of accounts 
as well as final settlements, shall be made at such time and 
in such manner as the general board of directors shall pre- 
scribe. 

Sec. 8. Each railroad becoming a member of this asso- Appointment of 
ciation shall have authority to appoint agents, to be paid by 
the appointing company, for the purpose of inducing immi- 
gration to its line, but such agents shall be subject to the 
control of the general board of directors, and all questions 
involving the action of such agents shall be referred to such 
board of directors, whose decision shall bind the parties. 

Sec. 9. All railroad companies in this state becoming Rates of fare to 
members of this association, shall transport hoiia fide immi- 
grants and settlers, actually making settlements in the state, 
for not exceeding one cent, per mile for one trip, and their 
freight and baggage when moving in for settlement at 
not exceeding twenty cents per hundred pounds for one hun- 
dred miles. The provisions of this section shall extend to 
the carrying of persons and freights over all the lines of the 
members of this association, without regard to the place of 
aettlement of the immigrants or settlers. 



346 



1870-'71.— Chapter 219. 



Profits. 



Annua] meeting. 



Qnorum. 



First meeting. 



Sec. 10. If any net profits shall accrue to tlie railroad immi- 
gration association, they shall be di%aded among the sub- 
scribing companies in proportion to the net profits of each 
line, at such time as may be prescribed by the general board 
of directors. 

Sec. 11. The stockholders of this association shall pre- 
ecribe the time and place of their annual meeting. The gen- 
eral board of directors may call a meeting of stockholders at 
any time they may think proper, and any number of stock- 
holders having paid in one-tenth of the whole amount of 
stock paid, may call a special meeting, on notice of sixty days 
at least, in one or more newspapers published in Raleigh, 
specifying the purpose of the meeting. In all meetings each 
company shall be entitled to a vote in proportion to the 
amount paid in by the same, and each board of directors of 
said company shall appoint a pro.xy to cast the vote of their 
company, but none but the president or a director of such 
company shall be a proxy. 

Sec. 12. a majority of the general board of directors of 
this association shall be a quorum for the transaction of busi- 
ness. If the president of the association be absent, the mem- 
bers present shall select a presiding oflScer. 

Sec. 13. For the purpose of organizing this association, 
the board of directors of the first of the above named rail- 
road companies shall, through their president, within sixty 
days after the ratification of this act, call a meeting of the 
presidents of all the railroad companies herein authorized to 
become members of this association, and also of delegates, 
one to be appointed by each of the boards of said companies, 
at Raleigh, after giving fifteen days notice of the time and 
place of meeting ; Provided, That each board may, in their 
discretion be represented by their president alone. At the 
meeting so held, the representatives of any one or more com- 
panies may accept this charter, and thereupon the associa- 
tion shall be fully organized, and the representatives so 
accepting shall provide for a meeting of the general board of 
directors hereinbefore authorized. But no company shall 



1870-'71.— Chapter 219-220. 347 

"be bound by the action aforesaid, if the stockholders at the 
Urst meeting held thereafter shall disapprove such action. 

Sec. 14. Any railroad company may retire from this asso- Any company 

. . . . , . t . n .11, ™*y withdraw 

elation, alter giving one year? notice, having first paid all from Aesoclafion. 

its dues to the association, incurred up to the time of retire- 
ment. 

Sec. 15. This act shall be in force from its ratification. When act to be ia 

force. 
Ratified the 4th day of Apiil, A. D. 1871. 



CHAPTER CCXX. ; 

AI^ ACT SUPPLEMENTAL TO AN ACT TO RAISE BEVENUB. ] 

Section 1. ITie Oenenral Assernhhi of North Carolina do Gopiee oJ Rev«. 

'' '' nue acts to be | 

-enact, That the secretary of state is hereby directed to have printed. i 

printed three thousand copies of the act passed at the present ] 

session of the general assembly, entitled " an act to raise 

jevenue," and also three thousand copies of an act passed at 

the present session of the general assembly entitled " an act 

to amend an act to provide for the collection of taxes by the 

state on property, polls and incoine, ratified the twenty- i 

eighth day of March, one thousand eight hundred and i 

'Seventy. | 

Sec. 2. The secretary of state shall, as soon as possible, Dlatrlbatlon. j 

• distribute the said copies among the boards of county com- , 

missioners of the several counties of the state. 

Sec. 3. The secretary of state shall also have printed five 

■copies each of the said acts for the use of each member of the j 

general assembly. i 

Sec. 4. This act shall take efiect from and after its ratifl- when act to be ix^ 

force, 
.cation. ■ 

Ratified the 4th day of March, A. D. 1871. 



S4S 



1870-'71.— Chapter 221. 



CHAPTEK CCXXI. 



Amendaient to 
act of April, 1869. 



Penalty on wilful 
refusal to grant 
writ. 



further penalty. 



Further penalty 
lor violation of 

this act. 



When act to take 
effect. 



AJT ACT AMENDATORY OF AN ACT ENTITLED PROCEEDINGS Dt 
HABEAS CORPUS, RATIFIED THE SIXTH DAY OF APRIL, ANNO- 
DOMINI ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE. 

Section 1. The Gmet^al AssemUy of North Carolina do 
enact, That section twelve of an act entitled " proceedings 
in habeas cor^us,^'' ratified the sixth day of April, anno 
domini one thousand eight hundred and sixty-nine, be 
amended by striking out the words " eight days " in the 
seventh line of that section, and inserting the word " reasona- 
ble" instead thereof; and that section thirty-one of said act 
be amended by striking out all of said section after the word 
" therein " in the fifth line of the same and inserting instead 
thereof the words " reasonable time." 

Sec. 2. That if any judge shall wilfully refuse to grant 
the writ of attachment as provided for in section fifteen of 
said act, he shall be liable to impeachment, and moreover shall, 
forfeit to the party aggrieved, twenty-five hundred dollars. 

Sec. 3. That if any judge shall refuse to grant the precept 
provided for in section seventeen of said act, he shall be 
liable to impeachment, and moreover shall forfeit to the 
party aggrieved twenty-five hundred dollars. 

Seo. 4. That if any judge shall grant the attachment pro- 
vided for in section fifteen of said act, or the precept provided 
for in section seventeen of the same, and shall give the 
officer or other person charged with the execution of the 
same verbal or written instruments, not to execute the same, 
or to make any evasive or insufficient return, or any return 
other than that provided by law ; or shall connive at the 
faihng to make any return or any evasive or insufficient 
return, or any return other than that provided by law, he; 
shall be liable to impeachment, and moreover shall forfeit to- 
the party aggrieved, twenty-five hundred dollars. 

Sec. 5. This act shall be in effect from and after its ratifi- 
cation. 

Eatified the 4th day of April, A. D. 1871. 



18T0-'71.— Chaptek 222—223. 349 

CHAPTEK CCXXII. 

AN ACT m RELATION TO PUNISHMENT FOR ARSON AND BURGLARY. 

Section 1. The Geneo^al AssemlliJ of North Carolina do Penalty for arson 

... - or burglary, 

enact, That any person convicted according to due course ot 

law of the crime of arson or burglary, shall suffer death. 

Sec. 2. That all laws or parts of laws enacted since the Rapeaiing^ clause. 

adoption of the present state constitution fixing punishments 

for arson and burglar)-, are hereby repealed, so far as the 

same might apply to such crimes hereafter committed. 

Sec. 3. That this act shall be in force from and after its When act to bejin 

force, 
ratification. 

Katified the 4:th day of April, A. D. 1871. 



i 



CHAPTER CCXXIII. 

AN ACT TO ESTABLISH THE BOUNDARY LINE BET^VEEN GRAN- 
VILLE AND PERSON COUNTIES. 

Section 1. The General Assembly of North Co/rolma do County surveyors 
enact, That the board of county commissioners of Granville 
and Person counties respectively, are hereby authorized and 
required to cause the respective county surveyors of said 
counties to meet and ascertain by proper surveys, so much of 
the boundary line between said counties as runs between 
Oak Hill township, in Granville county, and Holloway's 
township, in Person county, and mark the same by some 
line of objects. 

Sec 2. The said surveyors shall, as soon as practicable, SurvoyorB' report* 
after making said survey, report their proceedings to the 
boards of the county commissioners of their respective 
counties, and when said report and survey shall have been 
received and confirmed by the board of county commissioners 



350 187a-'71.— Chaptek 223— 22 i. 

of tlieir counties respectively, then said line so marked by 
Lawful bourid&jy. flftid surveyors shall be the lawful boundary line between 

said counties. 
Expense of sur- g ^^^ 3^ r^^ie expenses of said survey shall be paid equally 

by said counties of Granville and Person. 
When act to be in Sec. 4. This act shall be in force from and after its rati- 

force. 

ncation. 

Katified the 4th day of April, A. D. 1871. 



CHAPTER CCXXIV. 

AN ACT TO LNOOKPORATE THE NAVAL EXTENSION RAILKOAD 

COMPANY. 

Secthon 1. TTie General Assemhly of North Carolina do 
Locution of road, enact, That for the purpose of constructing a railroad of one 
or more tracks from some point in Northampton county, 
within tliree miles of the town of Weldon, through the 
counties of Northampton and Bertie, to or near the mouth 
of Salmon creek, in Bertie county, the formation of a cor- 
Capitai sfeo^ porate company with a capital stock of one million of dol- 
lars, with the privilege to increase the same to fifteen hundi-ed 
thousand dollars, is hereby authorized to be called the Naval 
Extension Railroad Company, and when formed in com- 
pliance with the conditions hereinafter prescribed, it is to 
Corporate rij^ta. have a corporate existence as a body politic in perpetuity, 
and by said name may sue and be sued, plead and be im- 
pleaded in every court in the state of North Carolina, and 
may have and use a common seal, and shall be capable of 
purchasing, holding, leasing and conveying estate, real, per- 
sonal and mixed, and acquiring the same by gift or devise, 
and said company may enjoy all the rights and immunities 
which other corporate bodies may exercise, and make all 
necessary by-laws and regulations not inconsistent with the 



lS?0-'Tl.-<5iiAPTKB ^4,. 351 

«3onstitution and laws of the state of North Carolina and the 
United States. 

Sec. 2, That the eaid company be and the same is hereby 
autliorized to construct a railroad of one or more tracks from 
and to the points aforesaid, on a line through said counties, 
between said points, to be determined upon by the company 
after its formation. 

8ec. 3. That the capital stock of said company be created Subscription to 

hy eubscription on the part of individuals, municipal and 

other corporations, in the shares of the value of one hundred Shares. 

^dollars each, which may be made in land, timber, work or 

money, as may be stipulated. 

Sec. 4. That books of subscription to the capital stock of Books of sub- 
• J 1 1 1 1 ,> 1 1 . 1 scriplion. 

«aid company may be opened by the following persons, who 
Are hereby appointed commissioners for that purpose, to-wit : 
W. W. Peebles, Samuel Calvert, Noah Odom, Wm. Grant, 
JExlraund Jacobs, James T. Lambertson, Wm. J. Capehart, 
Joseph II. Hardy, W. H. Powell, Thomas W. Thompson, 
L. S. Webb, J. L. Mitchell, Dr. Wm. Sutton and B.. A. 
C3apehart and D. G. Potts, whose duty it shall be to open or 
direct to be opened, the said books of subscription, at such 
tunes and places and under the direction of such persons or 
A Tiiajority of them may deem proper, and that twenty days 
notice of the opening of said books shall be given in ocm or 
more newspapers of said state ; and furthermore, that such 
commissioners or a majority of them, may at any time after 
said books have been left open for the space of thirty days, 
and the sum of twenty thousand dollar? has been subscribed 
to the capital stock of said company, and five per cent, paid 
thereon, have power to call together the subscribers to said Meeting of sub- 
etock for the purpose of completing the organization of said 
company, and the subscribers shall be and are hereby de- 
clared incorporates! into a company by the name and style of Corporate name, 
tlie '' Xaval Extension RaUroad Company." 

Sec. 5. That said company may hold annual meetings of Annual meetings- 
the stockholders, and oftener if necessary, and at its organi- 
zation and its annual meetings subsequent thereto, seven 
directors shall be elected by the stockholders, to hold office Directors. 



352 



1 870-' Yl.— Chapter 224:. 



By-LawB. 



Presideait. 



Term of office. 



for one year or until their successors shall be elected, and 
any of said meetings shall have power to make or alter the 
by-laws of the company ; Provided, That in all such meet- 
ings of stockholders, a majority of all the stock subscribed 
shall be represented either in person or by proxy, which 
proxy shall be verified in the manner prescribed by the by- 
laws of the company, and each share thus represented shall 
be entitled to one vote on all questions; that it shall be the 
duty of the directors to elect one of their number as presi- 
dent of said company, and to fill all vacancies in the board ; 
Provided, The president may be elected for any term of 
years that may from time to time be prescribed in the by- 
laws of the company. 

Sec. 6. That after the company shall be organized as 
aforesaid, the board of directors shall proceed to locate and 
have construjcted, as speedily as possible, a railroad from and 
to the points aforesaid, on the route they may find most 
practicable, and to be fixed by them ; that the said company 

Exclusive right of shall have the exclusive right of conveyance, of transporta- 

conveyance. • <? ./ ^ i • a 

tion of persons, goods, merchandize and produce on the said 

railroad, to be by them constructed, at such charges as may 

be fixed by a majority of its directors. 

Seo. T. That all contracts made and entered into by the 
president ot the company, with or without seal, shall be 
binding on the company, and the president shall, upder the 
direction of the board of directors, issue certificates of stock 
to the stockholders, which shall be transferable by the by- 
laws of the company. 

Sec. 8. That the board of directors may call for the sum 
subscribed as stock in said company in such instalments as 
the interest of said company may in their opinion require ; 
the call for each payment shall be published in one or more 
newspapers in the state for one month before the day of 
payment, and on the failure of any stockholder to pay the 
instalment as thus required, the directors may sell at public 
auction on a previous notice of ten days, for cash, all the 
stock subscribed in the company by silch stockholders, and 
convey the same to the purchaser at said sale ; and if the 



Contracts. 



Payment of Bub- 
scriptiona. 



ISTO-'Tl.— Chapter 22-i. 35a i 

I 

id sale of stock does not produce a sum sufficient to pay off : 
16 incidental expense of the sale and the entire amount 

n-ing by such stockholders in the company for such sub- j 

ripSon stock, then and in that case the whole of such \ 

ilance shall be held as due at and to the company, and may | 

3 recovered of such stockholder, or his executors, adminia- j 

■ators or assigns, at the suit of said company, either by sum- \ 

lary motion in the superior court in the county where the , 

elinquent resides, on previous notice of ten days to said | 

ibscribers, or by the action of assumpsit in any^ court of | 

^mpetent jurisdiction, or by warrant before the justice of j 

18 peace where the deinand does not exceed two hundred ! 

ollars, and in all cases of assignment of stock before the • 

rhole amount has been paid to the company, then for | 

11 sums due on such, both the original subscribers and the ^ 

irst and all subsequent assignees shall be liable to the com- ' 
►any, and the same may b^ recovered as above described. 

Sfx). 9. That the said company shall issue certificates of Cei^flcateeof 

tock to its members, and such stock may be transferred in i 
uch manner and form as may be directed by the by-laws ot 

he company. ^ ] 

Sec 10. That the said company shall have power of using section of road i 

1 1 .1 1 X j-i ^ may be used. ] 

.ny section of said road constructed by them before the ; 

;5rhole of said road shall be completed, and may charge for | 

ransportation thereon. _ j 

Sec. 11. That it may and shall be lawful for the said g™P^°y^™^y j 

•ailroad company to make and issue bonds to an amount not | 

x> exceed five hundred thousand dollars, to be signed by the 1 

president of said company, under the common seal of the ! 
same, in sums of one thousand dollars each, bearing interest 

at the rate of eight per cent, per annum, to be paid annually, i 

in the city of New York or elsewhere, at their option, and . 

redeemable in one thousand nine hundred and ten, or at a I 

earher, at the option of the said railroad company. ] 

Sec. 12. That to secure the faithful payment of the said ' 

bonds, it shall and may be lawful for the president and di- , 

rectors of the said railroad company to make, execute and j 

jdeliver to such persons in the city of New York or any ] 



354 



1870-71.— Chapter 224. 



Deed of trust or 
mortgage on road 



LimitatiOD of 
charter. 



Municipal sub- 
-ecription. 



Municipal sub- 
scription to be 
submitted to 

voters. 



otlier city, as the said company may select or appoint, a deed' 
of trust or mortgage under the common seal ot said coiri^ 
pany, wherein shall be conveyed to the person thus appointed 
trustee, the road property, income and iranchise of said coml 
pany, acquired or to be acquired, conditioned for the pay- 
ment of the interest and final redemption of said bonds. 

Sec. 13. That all the work hereby required shall be exe, 
cuted with due diligence, and if it be not commenced within 
two years after the ratification of this act, then this charter 
shall be void. 

Sec. 14. That it shall and may be lawful for an incor-, 
porated city or town or any county in or near which sail 
railroad may be constructed, to subscribe for such amount o^ 
stock in said company as they or either of them shall ^ 
authorized, to do by the inhabitants of said city or town ot 
citizen of such county, in manner and form as hereinafter 
provided. '«! 

Sec. 15. That the corporate authorities of such city ofl 
town are authorized to make an order requiring the constablej 
of such city or town, or any offioers of their own body, at! 
their option, at such times and on such notice as they shalf 
direct, to open a poll and take the sense of the voters oi") 
such city or town qualified to vote for city or town officera^ 
whether the corporate authorities of such city or town shail 
subscribe to the stock of said company for such sura sa 
the order shall propose, and the officers superintending such" 
election shall make return of the number voting for an? 
against it to the corporate authorities of said city or town or 
the presiding officer thereof; that upon the return of sail 
superintendent of election it shall appear that a majority of 
votes are in favor of the subscription, then the corporate 
authorities of such city or town shall make the subscriplton 
for such city or town, the subscription to be paid for in bonds 
of said city or town, or in each, as the authorities may elect,^ 
and upon such terms as may bfe agreed upon by the said au- 
thorities and parties with whom they may negotiate ; and the 
^id corporate authorities shall order their presiding officer' 
•to issue city or town bonds payable to said company, of bonds 



tI 



1870-71.— Chapter 224. 355" I 

! 

f not less than five hnndred dollars each, payable at such [ 

imes and places as said corporate authorities shall direct, and 

^e said corporate authorities are hereby vested ^vith full j 

ower to raise money by taxation to meet any quota of their 

nbscription, or any instalments that may be due, and an- ^ 

inally on the persons, land and other property within their ! 

ity or town, provided for the payment of the principal and j 

nterest of the bonds so issued. j 

Sec. 16. That the county commissioners of any county in County Bubscrip- I 

v near which said railroad may be co.nstructed, a majority \ 

rf said commissioners concurring, are authorized to make an i 

irder requiring the sheriff of such county, at such time and i 

HI such notice as they shall direct, to open a poll and take i 

Ihe sense of the voters of such county qualified to vote tor ■ 

members of the general assembly, whether tJi^ said county j 

X)ramissionerB shall subscribe to the stock "o^f said company j 

for such sum as the order shall propose, and the sherifi" shall Qnestion to be -, 

. „ , . . , eubmitted to 

make return of the number votmg for and agamst it, to the voters. 

said county commissioners. ] 

Sec. 17. That upon the return of such she^ift' it shall j 

appear that a majority of the votes cast are in favor cf the i 

fubscription, tlien the said county commiesioners shall appoint 

their chairman to make the subscription in behalf of said 

county, the subscription to be paid for in bonds of the said 

county, or in cash, as the county commissioners may electa ! 

upon such terms as may be agreed upon by the parties with ■ 

whom they may negotiate ; and the said county commis- j 

sioners shall order their chairman to issue county bonds> I 

payable to said company in sums of not less than five hun- ' 

dred dollars each, payable at such times and places as a 

majority of said county commissioners shall direct, and the 

said county commissioners are hereby vested with full power 

and authority to raise mone}' by taxation to meet any quota 1 

or instalment tliat may be due upon their subscription, or \ 

afinuallj upon the persons, land and other property within 

th»ir county, to provide for the payment of the principal i 

and interest of the bonds so issued ; said bonds shall have , 

coopons attached, and shall bear not less than six nor more ■ 



356 



1870-'71.— Chapter 224. 



Company may 
farm out its 
rights. 



than ten per cent interest, which interest shall be payabl 
semi-annually, on first day of January, and first day of Jul 
in each year. 

Division of profits Sec. 18. That the profits of the company, or so muc^ 
thereof as the board of directors may deem advisable, shallj 
when the affairs of the company will permit, be annua 
or semi-annually divided among the stockholders in prop 
tion to the stock each may own. 

Notice of process. Sec. 19. That notice of process upon the president or any ^ 
of the directors thereof, shall be deemed and taken to be due | 
and lawful notice of service of process upon the company 
Sec. 20. That the said company may, when they see 
farm out their right of transportation over the said railroa 
subject to the rules above named, and said company a 
every person who may have received from them the rig] 
of transportation of goods, wares and produce, on the s 
railroad, shall be deemed and taken to be a common carrii 
as respects all goods, wares and produce and merchandi 
entrusted to them for transportation. 

Sec. 21. That the said company shall have the same poweJ 
to use and enforce the payments of stock subscribed, as waj 
heretofore granted to the Atlantic and North Carolina Rai 
road Company, by the charter of incorporation, and sh 
have power to condemn land for the use of the compan; 
when a contract for purchase cannot be made with tlai 
owners thereof to the same extent and in the same manne; 
and under the same rules, regulations and restrictions as t] 
Atlantic and North Ca;'olina Railroad Company was auth 
ized to do by the act of incorporation. 

Sec. 22. This act shall take effect from and after its ra 
cation. 

Eatified the 4:th day of April, A. D. 1871. 



Additional pow- 
ers of company 



When act to take 
^ect. 



1870-'71.— Chapter 225—226. ^^'^ 



CHAPTER CCXXV. 

AN ACT TO SECUKE PROPER RETURNS BY SHERIFFS AND TAX 
COLLECTORS OF UNLISTED TAXES. 

Section 1. The General AssemUy of North Carolina do ^^^,^f- 
enact That each sheriff and tax collector in the state shall taxes received, 
make' out, within the first ten days of every month, a true 
and correct statement of all taxes received during the pre- 
ceding month under Schedule "B" of the revenue act, rati- 
fied the day of April, one thousand eight hundred and 

seventy-one, and shall qualify to the truth of tliesaid return 
within the said ten days, before the clerk of the superior 
court of his county, and the said clerk shall keep the said 
statement and forward a copy of the same to the auditor, 
and also post a copy of said statement at the court house 
door for at least ten days. 

Sec. 2. Any sheriff or tax collector failing to make such Penalty for faUnre 
statement shall be deemed guilty of a misdemeanor, and 
upon conviction, fined not less than one hundred dollars, 
and any sheriff or tax collector making a false return shall 
be deemed guilty of perjury. 

Sec. 3. This act shall be in force from and after its rati- When act to be in 

fication. 

Ratified the 4th day of April, A. D. 1871. 



CHAPTER CCXXVI. ; 

AN ACT TO authorize THE COUNTY COMMISSIONERS TO LEVY j 

A SPECIAL TAX IN ALEXANDER COUNTY. ^ 

Section 1. The General AssemUy of Nmth Carolhm do Objcctiof epcciai 
enact, That the county commissioners of Alexander county 

be and they arc hereby authorized to levy a special tax for i 

the payment of the county indebtedness and for other pur- j 



858 1??»-^1.-^HAPTEE 22e— 227i 

po^«S, 4std tax to be levied, collected and accounted for as other 
taxes are, and to be paid over to the county treasurer to b& 
disposed ot as the commissioners may direct, said tax to be 
collected and accounted for under the same penalties as taxes- 
lor state and county purposes, said taxes shall not exceed the 
Amount. gum of three thousand dollars, and may be levied at such 

time as said commiesionerd may deem proper ; Provided^. 
neoerthele-8Sy Tliat this levy shall conform to the constitu- 
tional equation in reterence to poll and real estate taxation ; 

Act to be submit- Pnymded. further. That this act shall have no force or effect 
ted to voters. ... 

until it shall be submitted to and ratified by the quaKfied 

voters of the county. 

"Whca act to be in Sbc. 2. This act shall be in force from and after its rali- 
ferce. . , 

fication. 

Ratified the 4th day of April, A. D. 1871. 



\ 



CHAPTER CCXXYII. 

AST ACT TO JtAIgB KEVEJfrE. 

Sectiow 1. Tfie General Aesembly of North Carolina d» 
«ina>ci, That the taxes hereinafter designated, payable in the 
existing national currency, shall be assessed and collected 
/ under the rules and regulations prescribed by law. 

Poll tax. Sbc. 2. On each taxable poll or male between the ages of 

twenty-one and fifty, except such poor and infirm persons as- 
the county commissioners may declare and record fit mh- 
jects for exemption, there shall be annually levied and col- 
lected a tax of ninety eent«, t-he proceeds of such tax to lie 
devoted to purposes of education as may be prescribed by 
lav. If 9tnj poll tax i^all oot be paid within sixty daj« 
after the same shall be denwuidable, it shall be the duty irf 
the sheriff, if he can find no property of the person liable 
sufficient to satisfy the same, to garnishee any person m- 
debtsd to the person liable, or who may become indebted to 



1870- 71.— Chapter 227. 35^ ! 

liim before the expiration of the calendar year, and the per- ' 

son so garnisheed shall be liable for said tax. 

Sec. 3. The taxes hereinafter designated shall be applied Objects of tasa- 
to defray the expenses ot the state government and to pay " i| 

appropriations for charitable and penal institutions. j 

( 

Class 1. \ 

1 
Sec. 1. There shall be an ad valorem tax of twenty-two Asylum tax. | 
cents for the general fund, and eight cents for the insane ; 
asylum and the institution for the deaf, dumb and blind, on i 
every one hundred dollars in value ot real and personal 
property in the state, subject to exemptions made by law in- 
cluding moneys, credits, bonds, stocks, (fee. ; Provided, That j 
all the taxes for ordinary state and county purposes, imposed \ 
upon all real and personal property shall in no case exceed I 
two-thirds of one per cent. j 
Sec. 2. A special tax of one-tenth of one per cent, shall Deficiency tax. ' 
be levied in addition to the ordinary tax provided for in this 
act on all taxable property to meet an existing deficiency in ^ 
the treasury. 

Sec. 3. A special tax ot twelve cents on the one hundred Penitentiary, 
dollars shall be levied and collected on all the taxable pro- \ 
perty of the state, to be applied to the erection of the peni- 
tentiary and support of the convicts. ' 

Class 2. '< 

I 

The subjects and persons mentioned in the following class 
shall be taxed as specially mentioned : 

Section 1. On the net incomes and profits other than that income* and 
derived from property taxed from any source whatever, ^^° 
during the year preceding the first day at April in each ; 

year, there shall be a tax of one per cent. The income tax 
shall include interest on the securities of the United States, 
of this state, or other state or government. In estimating : 

the net income, the only deduction by way of expense 
shall be : '. 

21 ! 



360 1870-'71.— Chaptek 227. 

1. Taxes other than the income due this state. 
Deductions. 2. Rent for use of buildings or other property or interest 

on encumbrances on property used in the business from 
which the income is derived. 

3. Usual or ordinary repairs of the buildings from which 
the income is derived. 

4. Cost or value of the labor, (except that of the tax 
payer himself,) raw material, food and other necessary ex- 
penses incidental to the business from which the income is 
derived, together with the necessary expenses ol supporting 
the family, which shall in no ^instance exceed one thousand 
dollars. 

The tax payer shall return to the assessor the gross amount 

of his income and the gross ai^iount of his expenses to be 

deducted therefrom, which return the assessor shall file in 

the office of clerk of the county commissioners. 

Reaijand personal Sec. 2. Upon all real and personal estate, whether le^al 
estate. , ' , '■ ^ 

Oi' equitable, situated within the state, which shall descend 

or be devised or bequeathed to any collateral relation or 
person, other than a lineal descendant or ancestor of the 
husband or wife of the deceased, or husband or wife of such 
ancestor or descendant, or to which such collateral relations 
may become entitled under the few for the distribution of 
the intestate estates, and M'hich real and personal estate may 
not be acquired in payment of debts and other liabilities, 
the following per centum tax upon the value thereof shall 
be paid : 
Collaterals^ 1. If such collateral relation be a brother or sister of the 

father or mother of the deceased, or issue of such brother or 
sister, a tax of one per cent. 

2. If such collateral relation be a more remote relation or 
the devisee or legatee be a stranger, a tax of two and a half 
per cent. The real estate liable to taxation shall be listed 
by the devisee or heir in a separate column, designating its 
proper per cent. tax. The personal estates or real estate re- 
duced to assets, shall be liable to the tax in the hands of the 
executor or administrator, and shall be paid by him before 
his administration account is audited or the real estate is 



1870-71.— Chapter 227. 361 ; 

settled to the sheriff of tlie county. If the real estate de- • 

scended or devised shall not be the entire inheritance, the , j 

heir or devisee shall pay a i^ro rata part of the tax, corres- : 
jionding with the relative value of the estate or interest. 

If the legacy or distributive share to be received shall not j 

be the entire property, such a legatee or distributee, shall in , 
like manner, pay a j;>;'6> rata part of the tax according to the 
value of his or her interest. Whenever the personal pro- % 

pert}' in the hands of such administrator or executor (the ^ 

same not being needed to be converted into money, in the i 

course of the administration) shall be of uncertain value, he i 

shall apply to the county commissioners to appoint three j 
impartial men of probity to assess the value thereof, and 

such assessment being returned to the commissionei'S and \ 

being confirmed shall be conclusive of the value. 1 

To facilitate the collection of tax on collaterals, every exec- Duty of execu- - 
utor or administrator shall return in his inventory, whether ' 

the estate of the deceased goes to the lineal or collateral re • ; 

lations or to a stranger, and if to collaterals, the degree of .! 

relationship of such collateral to the deceased, under a pen- *: 
alty of one hundred dollars, to be recovered in the name and 

for the use of the state ; and it shall be the duty of the su- ' 
perior court clerk of the county to furnish the sheriff with ■ ' 
filenames of the executors and the administrators who make 

such returns, after each and every term of his court. ; 

Schedule B. \ 

The taxes in this schedule imposed are license tax for the ; 

privilege of carrying on the business or doing the act named ; J 

and nothing in this schedule contained shall be construed to j 

relieve any person from the payment of the ad valorem tax ; 
on his property as required by the preceding schedule, and 

no county shall levy any greater tax than levied by the ' 
estate for the privileges herein taxed. 

Sectkjn 1. Traveling theatrical companies shall pa}' ten Theatres. i 
dollars for the first, and five dollars for each subsequent ex- 
hibition. When the theatrical exhibitions are by the season I 



362 



1870-'71.— Chapter 227. 



Ck>Beftrts. 



Maseams. 



Cireuses. 



Itinerants. 



Gift enterprises. 



B: . agents. 
Bi ii ard saloons. 

Bow : ng AUej. 



of not less than one month, the tax shall be filty dollars per 
month. 

Sec. 2. On each concert and musical entertainment for 
profit ahall be paid five dollars ; on each lecture for reward, 
five dollars. 

Six;. 3. On museums, wax-works or curiosities of any 
kind, natural or artificial (except paintings and statuary) on 
each day's and night's exhibiting, shall be paid five dollars. 

Sec. 4. On every exhibition of a circus or menagarie, for 
each day or part of a day, forty dollai-s, and for each side- 
show to a circus or menagerie, ten dollars. 

Sec. 5. On all itinerant companies or persons, who exhibit 
for amusement of the public, otherwise than is mentioned 
in the four preceding sections, five dollars for each exhi- 
bition. Exhibitions given without charge for admission, 
and also those exclusively for charitable objects, shall be 
exempt. 

Seq. 6. On all gift enterprises, or any person or establish- 
ment oflfering any article for sale, and proposing to present 
purchasers with any gift or prize as an inducement to pur- 
chase, one per cent, upon the gross receipts. And on any 
lottery, whether known as a beneficial association or other- 
wise, ten dollars on each drawing, and also five per cent, on 
gross receipts, to be collected monthly. This tax shall not 
be construed as a license, or to relieve such persons or estab- 
lishments from any penalties incurred by a violation of the 
law. 

Sec. 7. Every agenc}' of a bank, incorporated out of the 
state, fifty dollars. 

Sec. 8. The tax on billiard saloons shall be twenty dollars 
on each table. Every place where a billiard table is kept 
for hire shall be considered a billiard saloon within the 
meaning of this act. 

Sec. 9. On every bowling alley, or alley of like kind, or 
bowling saloon, bagatelle table, or any other table, stand or 
place for any other game or play, with or without a name, 
unless such alley, stand, place or game is kept for private 



1870-^71.— Chapteb 227. 3^ I 

amusement or exercise alone, and not prohibited by law, i 

there shall be a license tax of twenty dollars. I 

Sec. 10. Every dealer in spirituous, vinous liquors, porter, Liquor dealers. I 

lager beer, or otlier malt liquors, shall pay a tax ol five per I 

•cent, on the amount of purchases, and twenty-five cents per ' 

gallon on all spirituous and vinous liquors purchased out of ' 

the state. ] 

Sec. 11. Every licensed retailer of spirituous liquors. Retailers. i 

"wiues or cordials, twenty-five dollars for one year. Every j 

retailer of malt liquors only, shall pay fifteen dollars. The ! 

tax in this section shall be in addition to the tax imposed on i 

purchases of liquors in this schedule, and every person who i 

buys and sells such liquors in quantities less than one quart 1 
«hall, within the meaning of this act, be a retail dealer. 

Sec. 12. Every person distilling spirituous liquors shall DistillerB. i 

pay a tax of two and a half per cent, on the cash value of ■ 

the liquors distilled from grain, potatoes, molasses and sugar \ 

■cane. I 

Sec. 13. Every merchant, jeweler, grocer, druggist, pro- Merchants, &c. I 

'duce dealer and every other trader, who as principal or i 

agent, carries on the business of buying or selling goods, wares '■ 

or merchandise of whatever name or description, one-eighth : 
of one per cent, on the total amount of his purchases in or 

out of the state for cash or on credit ; Provided, That no Provieo. j 

retail merchant shall be required to pay any tax on any pur- j 

chase made from wholesale merchants residing in the state ; " ' 

And, jyrovided further, That the tax on purchases of articles, Provieo; J 

the growth or manufacture of this state, shall be only one- j 

twentieth of one per cent, except as provided in section ten. ! 
It sliall be the duty of the sheriff to demand that every mer- 
chant, liquor seller, trader, auctioneer, commission merchant, 
or other person required to list his purchases, who may do 
business in his county, shall pay taxes on the same as the 

law requires, said taxes to be collected by the sheriff on the I 

first days of January, April, J uly and October, in each year, : 
on the purchases for the preceding quarter. The sherifi" shall 

have power to require the merchant making such statement | 

to submit his books to examination by the sheriff, and every ]! 



364 



1870-71.— Chapter 227. 



Hotels, &c 



Femes, bridges, 



Riding vehicles. 



Auctioneers. 



merchant refusing on demand to submit his books to such 
examination, shall be liable to a penalty to the state of two 
hundred dollars, to be prosecuted by the sheriff and recov- 
ered in any court having j urisdiction of the case. It shall 
further be the duty ot the sheriff to bring suit against every 
merchant refusing as aforesaid, in the superior court of the 
county, as may be prescribed for special proceedings, to the 
end of obtaining such examination and compelling payment 
of the proper tax. 

Sec. 14. On the gross receipts of hotels, boarding houses, 
(except those used tor educational purposes and as private, 
boarding houses,) restaurants and eating houses, the tax shall 
be one per cent. 

Sec. 15. The tax on public ferries, toll bridges, and across 
highways, one per cent, on net receipts. 

Sec. 16. Every money or exchange, bond or note broker, 
private banker, or agent of a foreign broker or banker, in 
addition to the ad valorem tax on their capital invested, or 
the tax on their net income, shall pay, if employing a 
capital of twenty thousand dollars, a license tax of one 
hundred dollars ; if a capital of less than twent}' thousand 
dollars, and not less than ten thousand dollars, fifty dollars; 
and if a capital of ten thousand dollars or less, a tax of 
twenty-five dollars ; and also ten dollars additional for each 
county in which they have an agency. 

Sec. 17. Every person who, for himself or as agent for 
another, sells riding vehicles not manufactured within the 
state, shall pay two per cent, on his sales. 

Sec. 18. Every auctioneer on all goods, wares or merchan- 
dize, sold by himself or agent, whether by ascending or 
descending bid, or at public outcry, whether the growth or 
manufacture of this state or not, shall pay one per cent, on 
the gross amount of his sales, subject to all the regulations 
and exemptions set forth in the tenth chapter of the revised 
code, entitled " Auctions and Auctioneers ;" but this shall 
not apply to tobacco warehousemen who shall pay a license 
tax of thirty-five dollars a year. 



1S70-'71.— Chapter 227. 365 ; 

Sec. 19. EveiT commission merchant shall pay a tax of CommissioB mer- 

. . chante. 
one-eighth of one per cent, on his sales as commission mer- 
chant; Proiyided^ That -svhen spirituous, vinous, or malt J 
liquors are sold by commission merchants, they shall pay a j 
tax of 1 w) and a half per cent, on their sales of such liquors. \ 

Sec. 2'"i. Every person whose occupation or business is Ridinglveliicles. * 

to keej) horses or vehicles for hire, or to let, shall pay a tax \ 

of two dollars tor every horse for that purpose, at any time | 

during the ycur, to be collected by the sheriff quarterly; \ 

Provided, Thnt this section shall not apply to draymen. i 

Sec. 21. Every itinerant dentist, .medical practitioner, p^^^*^®°' I 
portrait or miniature painter, daguerrean artist and other per- ' 
sons taking likenesses of the human face, ten dollars for each j 
county in which he carries on his business ; Provided^ That i 
such person as shall furnish satisfactory evidence to tlie | 
sheriff of the county in which he proposes to practice, that \ 
he is a resident of the state, and has listed his income as re- 
quired by law, shall be exempt from the tax imposed in this \ 
paragraph. ! 

Sec. 22. Every person that peddles goods, wares or mer- Peddlers, j 

chandize, either by land or water, or any drugs, nostrums \ 

or medicines, whether such person shall travel on foot or \ 

with a conveyance or otherwise, shall have obtained from ! 

the commissioners an order to the sheriff to grant him ped- J 

ler's license, to expire at the end of six months from its date, j 

and the sheriff, on production of a copy of such order certi ' 

fied by the clerk of said commissioners, shall grant such ] 

license for his county on the receipt of ten dollare tax, to- '- 

■u-it : Ist, That not more than one person shall peddle under ; 

the license. 2d, That every person who temporarily carries ' 

on a business as merchant in any public place and then ' 

removes his goods, shall be deemed a peddler. 3d, That \ 

nothing in this section contained shall prevent any person ! 

freely selling live stock, vegetables, fruit, oysters, fish, books, I 
charts, ma})S, printed music, or the articles of his own growth 

or manufacture within this state. 4th, That nothing herein ( 
contained shall release peddlers from paying the tax imposed 

in this act, on persons who deal in the same species of ' 



866 



18r(>-'71.— Chapiek 227. 



Lightning rod 
men. 



Itinerant liquor 
dealers. 



Gipsies, &c. 



Drummers. 



Bankers. 



merchandize, which tax shall be collected or received in 
the same manner as in the case of other merchants and 
traders. 

Sec. 23. Every itinerant who deals in or puts np light- 
ning rods, five dollars for each county in which he carries 
on business. 

Sec. 24. Every itinerant who sells spirituous liquors, 
wines or cordials, not the product of his own farm, shall 
pay twenty-five dollars tor every county and be under 
the same rules and restrictions as peddlers, except that an 
order from the commissioners shall not be required for a 
license. 

Sec. 25. Every compaiiy of gipsies or strolling company 
of persons who make a support by pretending to tell for- 
tunes or begging, fifty dollars in each county in which they 
offer to practice any of their craft, recoverable out of any 
property belonging to any one of the company, but nothing 
herein contained shall be so construed as to exempt them 
from indictment or penalties imposed by law. 

Sec. 26. Every non-resident or drummer, or agent of a 
non-resident, who shall sell any spirituous, vinous, or malt 
liquors, goods, wares or merchandize, by sample or other- 
wise, whether delivered or to be delivered, shall, before 
making any such sale, obtain a license to sell one year from 
the public treasurer, by paying said treasurer an annual tax 
of fifty dollars, but shall not be liable to be taxed in any 
county because of his sales. Any person violating the pro- 
visions of this paragraph shall be deemed guilty of a petty 
misdemeanor, and upon conviction before any magistrate, 
shall be fined not exceeding fifty dollars or imprisoned not 
exceeding one month, and shall forfeit and pay besides two 
hundred dollars to the sheriff, to be collected by distress or 
ocherwise, one-half of which shall be accounted for as other 
taxes, the other halt to the use of the informer and the sherifi^' 
equall3\ 

Sec. 27. The chief officers of banks, including saving's 
banks and private bankers, shall, in April and October of 
each year, certify on oath the amount of dividends or profits 



1S70-'71.— Chapter 227. 367 ] 

which have been earned, and shall pay on such dividends 
live per cent. ; and such insurance companies as are incor- 
porated by this state sliall, in April and October ol each ] 
year, certify on oath the amount of dividends and profits 
which have been earned, and shall pay on such dividends , 
two per cent. On failure to comply with the provision of ; 
this section, said banks, companies or persons sliall pay as ; 
taxes one thousand dollars, to be collected by the sheriif by j 
distress or otherwise. J 

Sec. 2S. Every insurance company not incorporated in Insurance compa- 
this state, doing business therein, shall pay an annual tax of 

one per cent, to the treasurer of the state, upon the gross i! 

receipts derived from the premiuius charged fur insurance J 

obtained therein, unless the company shall exhibit to the \ 
governor, auditor and treasurer, a sworn statement ot inveot- 
meuts in real property situate in this state, or loans secured 
by mortgage to citizens of the state of an amount equal to 

one-half of such gross receipts, when the tax shall be one-half < 

ot one per cent., said tax to be paid quarterly, viz : on the ! 

first days of April, July, October and January in each year. ; 

Each general agent shall be required, on the above named ■ 

days, to make a statement to the treasurer, under oath, that < 

the amount by him returned is a full and correct statement ! 

of such quarter. On failure to comply with the provisions i 

ot this section, every such company shall pay as a tax two | 
thousand dollars, and the principal agent shall be liable 
therefor. Every such company shall be required to appoint 

a general agent, who shall obtain a license from the state , 

treasurer before transacting any business therein, and before J 

such license is granted, the applicant shall sliow to the 1 

treasurer his appointment as general agent, under seal of the \ 

company, and thereupon the license shall be granted by the I 

payment of one hundred dollars, and such license shall be j 

renewed annually by the payment of said sum. And it < 

shall be the duty of said general agent to furnish each of his | 
sub-agents with a commission authorizing him to do busi- 
ness. And any one found soliciting insurance without 
such commission, shall be deemed guilty of a misdemeanor 



368 



1870-'71.— Chaptek 227. 



and be fined not less than one thousand dollars or im- 
prisoned not less than ninety days. The agent effecting 
insurance shall, on the first days of April, Jnly, October 
and January, make returns to the sheriif of the county 
in which the insurance is eflfected, of all the business done 
by him during the preceding quarter in said county, and 
shall pa}^ to him the county tax assessed on such busines ; 
the general agent shall also, on the first days of April, 
July, October and Januarj^ make return to the sherifl' 
of each county of the amount of gross receipts for pre- 
miums received from such county for such quarter. It 
shall further be required of the general agent or his 
local agent, to pay to the sherift" of each county the county 
tax assessed upon the gross receipts of premiums col- 
lected in such county, at the time and in the manner as 
required by the state, and no municipal corporation shall be 

Proviso. allowed to add any additional tax ; Provided, That no county 

or corporation shall be allowed to tax insurance agents for 
license. On failure to make returns, or to pay aforesaid, 
said agent shall pay twenty-five dollars for each policy 
effected or negotiated by him in such county. 

Traders' license. Sec. 29. No person shall follow any of the trades or pro- 
fessions taxed by this act, or in any other act, imposing taxes 
on trades, and professions and franchises, M'ithout first obtain- 
ing a license from the sheriff of the county in which the trade 
or the professions is to be followed, or the franchises en- 
joyed. Such license shall give to the person obtaining it 
the right to practice the trade or profession, or to enjo}^ the 
franchise therein specified, in the county of the sheriff' by 
whom it is issued, and in no other, unless the law imposing 
the tax shall otherwise direct, from its date to the following 
first day of April ; Provided, That nothing in this section 
shall apply to licensed practicing physicians, lawyers or den- 
tists. 

Sec. 30. The form of the license shall be in substance as 
follows : 



Form of license. Keceived this .... day of 



IS. ., of ,. . dollars 



1S70-' 71. —Chapter 227. S69- 

of whicli dollars is the tax to the state of North Caro- 
lina, and dollars is the tax to the county of , for 

his license to practice the trade (or profession) of until 

the first day of April next. 
(Signed.) 

A.... B , 

Sheriff of eo\ini>j. 

(Countersigned.) 

C... D , 

ReghUr of Deeds for county. 

Sec. 31. The amount of tax to be paid on obtaining the 
license to practice any trade or profession which is taxed by 
a certain sum, shall be in proportion to the tax imposed for 
the whole year. 

Sec. 32. Any person proposing to follow any taxed trade 
or profession may take out a license in advance of the time 
when he proposes to begin such trade or profession, in ad- 
vance of the expiration of a license already held by him. In 
such case the license shall be truly stated, and shall specify 
the time at which it shall begin to be in force, as well as the 
time when it shall expire, which shall always be on the first 
day of January, April, July or October. 

Sec. 33. No license issued by the sheriff shall be valid 
until the same shall have been exhibited to and counter- 
signed by the register of deeds of the county, who shall re- 
ceive for the services imposed on him by this act in refer- 
ence to licenses, a fee of twenty-five cents from every per- 
son licensed. 

Sec. 34. The register of deeds shall keep a book, in ^^•hich Dug^of Registi* 
he shall record the name of the person licensed, tlie trade 
or profession to be followed, or the franchise to be enjoyed, 
the date at which it begins to run and the amount of the 
tax, and he shall, on the third Monday in January,. April, 
July and Octol)er, send a certified copy of such record, for 
the quarter last preceding, to the auditor of the state, who 
shall charge the sherifi" with the amount so appearing due. 
If any register shall fail to perform the duty hereby imposed 



^70 



1870-'71.— Chapter 227. 



on liim, he shall forfeit to the state a penalty of two hundred 
dollars, to be recovered of him and the sureties to his official 
bond, on motion in the superior court for the county of 
Wake; and on such motion, a certified copy of his official 
bond and a certificate of the auditor of the state, setting forth 
his failures to make the required return, shall heprimaj-aoie 
evidence entitling the state to judgment in the absence of 
any sufficient defence. 

Sec. 35. Every person who shall practice any trade or 
profession, or use any franchise taxed by the law of North 
Carolina, without first having paid the tax and obtained a 
license as herein required, shall be deemed guilty of a mis- 
demeanor, and shall also forfeit and pay to the state a pen- 
alty not to exceed twenty dollars, at the discretion of the 
court, and in default of the payment of such fine, he may 
be imprisoned for not more than one month, at the discre- 
tion of the court, for every day on which he shall practice 
such trade or profession, or use such franchise ; M'hich pen- 
alty the sheriff of the county in which it is incurred shall 
cause to be recovered before any justice of the peace of the 
county. 
Duty of sherifl8. Sec. 36. The sheriff shall immediately report to the reg- 
ister of deeds all sun:s recovered by him as penalties under 
this act, and the register shall add three-fourths of each 
penalty recovered to the record of licenses required to be 
kept by him ; the other fourth the sheriff may retain. 



Penalty for faU- 
ing to take out 
license. 



Schedule C. 



Express oompa- 
iiies. 



The taxes embraced in Schedule C, shall be listed and 
paid as especially therein directed, and shall be for the priv- 
ilege of carrying on the business or performing the act 
named : 

Section 1. Every express company shall make i-eturn to 
the public treasurer on or before tiie first Monday in Janu- 
ary, April, July and October of each year, of the entire gross 
earnings and receipts of such company within the state of 
North Carolina during the three months next preceding. 



1870-'71.— Chai>ter 227. 371 

The said report shall be veritiedby the oath of the chief 
officer or agent of the company at its principal office in the 
state. The said company shall, on or before the third 
Monday of each of the said months, pay on the gross receipts 
two per cent, for each three months, and for failure to make 
such report, or pay such tax, the company shall pay as taxes 
two thousand dollars, to be collected by such sheriff as the 
public treasurer may designate, by distress or otherwise. 

Sec. 2. Every telegraph company doing business in this Jgg'''»r^ c«°^P*^ 
state shall, at the times and in the manner prescribed in the 
preceding section, make report of the entire receipts of said 
company within this state, and pay to the public treasurer 
two per cent, for each three months, and in case of default 
of such report or payment, the company shall pay as tax one 
thousand dollars, to be collected by such sheriff as the pub- 
he treasurer shall designate, by distress or otherwise. 

Sec. 3. Whenever the seal of the state or of the treasury Seals and scrolls, 
department, ot a notary public, or other pubhc officer, except 
clerks of the supreme and superior courts, required by law 
to keep a seal, shall be affixed to any paper except as herein- 
after is excepted, the tax shall be as follows, to be paid by 
the party applying for the same : For the. seal of the state, 
one dollar, to be collected and paid in the treasury by the 
private secretary of the governor ; for the seal of the state 
department, fifty cents, to be collected by the secretary of 
state and paid by him into the treasury ; for the seal of the 
public treasurer, to be collected by him and accounted for 
as other public moneys, fifty cents ; for the seal of the 
supreme court, fifty cents, to be collected by the clerk and 
paid by him into the treasury ; and for the seal of a notary 
public or other public officer, twenty-five cents, to be col- 
lected and paid over by the officers collecting the same, to 
the sherifi' of the county where such seal is kept. Said 
officers shall keep an account of the number of times their 
seals may be used, and shall deliver to the proper olKcer a 
sworn statement thereof Whenever a scroll is used in the 
absence of a seal by any ot said officers, the said tax shall be 
on scroll, seals affixed fur the use of any county or state or 



^372 



1870-'71.— CuAPTER 227. 



Marriage license. 



■Charters of incor- 
j[)oratiou. 



other government, or nsccl on the commissions of officers in 
the militia, justices of the peace, or any public officer not 
having a salary or under the pension law, or upon any pro- 
cess of a court, shall be exempt from taxation. The officers 
collecting the seal taxes may retain, as compensation, five 
per cent. Any person receiving taxes under this section 
and wilfully refusing or neglecting to pay the same as 
required, shall be guilty of embezzlement, and on conviction, 
shall be lined not more than five hundred dollars or impris- 
oned in the state's prison at the discretion of the court. 

Sec. 4. On each marriage license, fifty cents, and on each 
mortgage deed, marriage contract, and deed in trust to secure 
creditors, there shall be a tax of one dollar. On every other 
deed conveying, or contracting to convey title to real 
estate, and on all other instruments admitted to regis- 
tration, where the consideration exceeds three hundred 
dollars and in less than one thousand, fifty cents, and 
twenty-five cents in addition for every additional one thou- 
sand dollars. "Where any of the foregoing instruments are 
proved before the clerk of the superior court, he shall be 
charged with the collection of the tax as heretofore. When 
probate is otherwise made, the register shall collect and pay 
the same, less five cent, commissions to the sheriff, rendering 
a sworn statement of the number and character of the in- 
struments admitted to registration and the taxes due thereon, 
which the sheriff shall file with the clerk of the superior 
court as directed by law. 

Sec. 5. On every charter of incorporation of any com- 
pany granted by the general assembly, other than those for 
charity, benevolence or literature, where the corporation 
had power to become incorporate under the provisions of 
any general law, and on any amendment of every such 
charter, whether originally granted by the general assembly 
or secured by letters patent or otherwise, there shall be a 
tax of twenty-five dollars paid directly to the public treasurer. 
No company shall be organized under such special act ot 
incorporation, or derive benefit from any act to amend their 
charter, without first obtaining a certified copy of such act 



1S70-'71.— Chapter 227—228. 373 

from the secretary of state, which shall not be furnished 
until the treasurer's receipt for said tax shall be liled in the 
office of the said secretary. 

Sec. 6. Whenever any officer receives or collects a line, Fines, 

penalty or forfeiture in behalf of the state, he shall, within j 

ten days after such reception or collection, pay over and I 

account for the same to the clerk of the superior court, who i 

shall forward such fine, penalty, or forfeiture to the treasurer j 

of the board of education for the hcnelit of the fund for com- ^ 

mon schools. ■ 

Sec. 7. Any officer convicted of violating the preceding Penalty. ^ 

section, shall be guilt}^ of embezzlement, and may be pun- ! 

ished not exceeding five years in the state prison, at the dis- \ 

cretion of the court. ; 

Sec. 8. All laws imposing taxes, the subjects of which are Repealing clause. \ 

revised in this act, are hereby repealed ; Provided^ That this \ 

repeal shall not extend to the provisions of any law, so far as 

they relate to the taxes listed, or which ought to have Ijeen 

listed, or which may be due previous to the ratification of I 

this act. ' 

Sec. 9. This act shall be in force from and after its ratifi- When act to be in 
,. force. 

eation. 

Eatified the 4th day of April, A. D. 1871. ; 



\ 

1 

CHAPTER CCXXVIII. ] 

AN ACT IN RELATION TO THE INSANE ASYLUM OF NORTH ■ 

CAROLINA. "' 

Section 1. The Gmieral Asiseinlly of Nortlt Carolina do Repeal of act of 
enact. That so much of the act of the general assembly of '^'*' 
one thousand eight hundred and sixty-eight and one thou- 
sand eight hundred and sixty -nine, entitled an act in relation j 
to the lunatic asylum, ratified March ninth, one thousand ■ 
eight hundred and sixty-nine, and of all other acts in relation i 



374 



1870-'71.— Chapter 228. 



Law of 1859 re- 
enacted. 

Directors. 



Terms of ofilce. 



Vacancies. 



Powers and du- 
ties of directors. 



Amendment to 
act March 1869. 



to the insane asylum of North Carolina, as vests the govern- 
ment of said asylum in the governor and five supervisors 
are hereby repealed, and sections seven and nine of an act 
of the general assembly of one thousand eight hundred and 
fifty-eight and one thousand eight hundred and fifty-nine en- 
titled an act to provide tor the maintainance of the insane 
asylum and for other purposes, ratified February sixteenth, 
one thousand eight hundred and fifty-nine, are hereby re-en- 
acted and declared in force. 

Sec. 2. The following named persons, to-wit : Dr. Chas. 
E. Johnson, Dr. E. Burke Haywood, Charles Dewey, P. F. 
Pescnd, John D. Primrose, Thomas Bragg, A. S. Merriman, 
and Kemp P. Battle, of "Wake, Dr. C. T. Murphy, of Samp- 
eon, Dr. John McCormick, of Harnett, Pev. B. Craven, of 
Randolph, Dr. J. J. Summerell, of Rowan, C. Dowd, of 
Mecklenburg, Dr. Pride Jones, of Orange, and Joseph J. 
Davis, of Franklin, are hereby appointed directors of said 
asylum, their term of ofiice to begin thirty days after the ratifi- 
cation of this act and continue until the first Monday in No- 
vember, one thousand eight hundred and seventy-one, at 
which time they shall be divided into three classes, the seats of 
the first class shall be vacated at the expiration of the second 
year, of the second class at the expiration of the fourth year, 
and of the third class at the expiration of the sixth year 
from the time of their appointment, and afterwards they 
shall be appointed at the expiration of their respective terms 
for six years. In case of a vacancy in a term, the unexpired 
portion thereof shall be filled by the board of directors. 

Sec. 3. That all the duties and powers now required of 
and vested in the governor and board of supervisors are 
hereby required of and vested in the directors appointed under 
the provisions of this act. 

Sec. 4. Section twenty-seven of an act in relation to the 
lunatic asylum, ratified ninth day of March, one thousand 
eight hundred and sixty-nine, is amended by adding thereto 
the following proviso : Provided^ That tlie superintendent 
shall not sign any warrant for the carrying to or removal 
from the insane asylum of any insane persons, until there 



1S79-'71.— CnAPTER 228—229 375 

shall be exhibited to said superintendent and filed in his 
keeping a certificate under the ofiicial seal of the clerk ot the 
superior court of the county whence such insane person was 
brought or to which he is to be removed, that he has not pro- 
perty suflicient to pay such expense. 

Sec. 5. Section twenty-nine of said act entitled an act in Reped. 
relation to the lunatic asylum is hereby repealed, and the 
board of directors shall have power to regulate admissions 
into the asylum, having regard to the probabilities of curing 
the parties of their mental diseases. 

Sec. 6. Tliis act shall be in force from and after its rati- When act to be in 

r, ^. force. 

ncation. 

Katified the 5th day of April, A. D. 1871. 



CHAPTER CCXXIX. 

Alf ACT TO INCORPORATE THE MARION AND CRANBERRY RAIL- 
ROAD COMPANY. 

Section 1. The General Assembly of North Carolina do Capital stock. 
enact, That a company is authorized to be formed with a 
capital stock not exceeding one million of dollai*s, to be 
divided into shares not exceeding twenty five dollars each, 
to be known as the Marion and Cranberry Kailroad Company, Corporate name. 
for the purpose of constructing a Railroad from the town of 
Marion through the lime and iron beds in McDowell county Locetion;of road, 
to the Tennessee line at or near the Cranberry iron works, 
in Mitchell county, and said company, when formed as here- 
inafter directed, shall have power to receive, possess, own Corporate rights, 
and transfer real and personal property, shall have power to 
adopt and use a common seal, to pass by-laws not incon- 
sistent with tlie laws of the state, and shall have all the cor- 
porate rights, powers and immunities generally exercised by 
other like corporations in this state, the said company may Condemnation of 
condemn lands for right of way and all other necessary pur- 
22 



376 



1870-'71.— Chapter 229. 



Directors. 



Presideat. 



Books of sub- 
scription. 



Re-ore;anizatiou. 



Guage of road. 



Further rights 
and privileges. 



Bonds. 



poses, the said company shall be controlled by a board of 
directors which shall consist of the following named persons : 
John Carson, S. J. Neal, W. A. Cowly, Jas. H. Greenlee, 
W. A. McCall, John S. Brown, John G. Yancy, Mathias 
Dellinger, A. A. Wiseman, Joseph Chambers, Wilson Bnn- 
lison, Alexander Erwin, Jourdan HarleM^, Col. Samuel 
Blalock, J. C. Newlin, A. M. Erwin, William Bergin and 
Jonathan Buchanan, said directors shall elect a president 
and other officers at such time as a majority of them may 
deem best, and shall appoint commissioners to open books 
to the capital stock of said company in such manner and at 
such times and places as they may deem best, they may pre- 
scribe rules and regulations lor the payment of such sub- 
scriptions in land, money, work or otherwise as they may 
think proper, and shall cause certificates of such stocks to 
issue in such manner as they may elect. It shall be the duty 
of the said board to call a meeting of the stockholders for 
the purpose of reorganizing said company at such time and 
place as they may deem best, and the stockholders may, at 
such re-organization, provide for such number of directors 
not exceeding the number ]3rovided in this act as they may 
deem proper. 

Sec. 2, The gnage of the track of said railroad shall not 
be less than eighteen inches nor more than five feet. 

Sec, 3, Said company shall have power to erect and build 
turnpikes whenever they may secure the right of way, and 
may erect bridges on the state and county roads and use the 
Trinchion engine or road steamer on the same, and be en- 
titled to all corporate powers necessary thereto. 

Sec. 4. The said company shall have authority to borrow 
money by issuing mortgage bonds of the company or other 
evidences of debt in such manner, at such rates of interest, 
payable at such times and places as the board of directors 
and the president of the company may prescribe, the presi- 
dent and directors shall execute and deliver mortgage deeds 
upon all the property of the company including its road bed 
and register the same in the county of McDowell, and said 
deed, when so delivered, shall be valid mortgages of all the 



1870-71.— Chapter 229—230. 377 

property so couveyed, the president and directors of the Policies of in- 

coinpany shall have authority to take for the benefit of the 

company policies of insurance, and also to issue policies of 

insurance alter they shall have received in bona iide stock the 

amount of fifty thousand dollars, provided the amount of 

insurance never exceeds one-third of the actual bona fide 

stock at the issuing of the policy, and to pledge the same or 

any other public or private securities as collateral to secure 

the payment of such bond or other evidences of debt as the 

company may issue, the said collateral may be provided and 

pledged in such manner as the president and directors may 

elect. 

Sec. 5. This act shall be in force from and after its rati- When act to be 
/. , . in force. 

ncation. 

Eatified the 5th day of April, A. D. 1S71. 



CHAPTER CCXXX. 

AN ACT ALTIIOEIZINTt THE COUNTY COMMISSIONERS OF ONSLOW 
COUNTY TO LEVY A SPECIAL TAX. 

Seciton 1. The General AssemMy of North Carolina do Amount of tax. 
enact, That the county commissioners of Onslow county be 
authorized to levy a special tax, one-halt of one per cent, on 
the taxable property of said county, and an equal upon each 
poll in said county according to and in the proportion speci- 
fied in the constitution, section one, article five, to be levied 
and collected as are other public taxes; Provided, The ques- Question to be 
tion of the levy of said tax be first submitted by election to tcrs. 
the qualified voters of said county. 

Sec. 2. This act shall be in force from and after its rati- When act to be ia 
iication. *«'<^^'- 

Ratified the 5th day of April, A. D. 1871. 



378 



1870-71.— Chapter 231—232. 



CHAPTER CCXXXI. 

AN ACT TO AUTHOKIZa TUE COUNTY COMMISSIONERS OF BLADEN 
COUNTY TO LEVY A SPECIAL TAX. 



Objects of tax. 



Amount 



Question submit- 
ted to voters. 



When act to be in 
force. 



Section 1. The General Assembly of North dyrolina do- 
enact) That the county commissioners ot Bladen county be 
and they hereby are authorized to levy a special tax for the 
payment of the county indebtedness, and other purposes, 
said tax not to exceed five thousand dollars, to l)e levied^ 
collected and paid into the county treasury and disbursed as 
the county commissioners may direct, under the same ruleft 
and regulations as are now established by law for the collection 
of county tax. The same tax shall also include a tax upon 
each taxable poll of said county according to article five, sec- 
tion one of the constitution ; Provided, This act shall have 
no effect until approved by a majority of the qualified elec- 
tors voting at an election which the commissioners ot the 
county are hereby authorized to call, giving thirty days 
notice thereof. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Ratified tlie 5th day of April, A. D. 1871. 



CHAPTER CCXXXII 



AN ACT TO AMEND AN ACT RATIFIED THE TENTH DAY OF APRIL 



ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE, ENTITLED 
AN ACT TO DEFINE AND PUNISH BRIBERY. 



All uent Section 1. The General Assembly of North Carolina do 

enact, That an act ratified the tenth day of April, one thou- 
sand eight hundred and sixty-nine, entitled " an act to define 
and punish bribery, numbered as chapter 176, of the acts of 



1S70-'T1.— Chapter 232-233. 379 

•one thousand eight hundred and sixty-eight and one thou- 
sand eight hundred and sixty -nine, be amended as follows : 
Section three ol said act is repealed and the following is 
-enacted in tlie stead thereof : " Section 3. That any person 
offering a bribe, whether it be accepted or not shall be 
guilty of a felony, and on conviction, shall be punished by 
imprisonment for a term not less than one year nor more 
than five years. 

Sec. 2. This act shall be in force from its ratification. When act to bo in 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCXXXIII. 

AN ACT EEGULATING THE APPOINl'MENT OF GUAKDIANS AD j 

LITEM. I 

Section 1. The General Assembly of North Carolina do infant piaintiflfe 

. . . , J. f , , may appear 

■enact, That m actions and special proceedings oi any ot the uirough guardian 

courts ot this state whenever any of the parties plaintiffs are °'' ""^^ "^° ' i 

infants, whether said infants be residents or non-residents of 

this state, that said infants shall appear by their general or ; 

testamentary guardian, if they have any within the state ; ] 

and if there shall be no such guardian, then said infants may \ 

appear by tlieir next friend. ^ 

Sec. 2. That in all actions and special proceedings in any 

of the courts ot this state, whenever any of the defendants ; 

are infants, said infants shall defend by their general or tes- ■ 

tamentary guardian if they hare any within this state J 

whetlier said infants are residents or non-residents of this < 

state ; and if said infante have no general or testamentary ! 

guardian within this state and any of the defendants in said ! 

action or special proceedings sliall have been summoned, and : 

a copy of the complaint has been served on them or any of 

them, then it shall be lawful for the court, wherein said action j 

or special proceeding is pending, upon motion of any of the 



380 lSrO-'71.— Chaptee 233. 

Court may ap- parties to the said action or special proceeding, to appoint 

point guardian «(? ,. , , ^ t 7 t, , , , 

Uicm for defend- some discreet person to act as guardian ad litem, to defend 

^^^' in their behalf to which said guardian so appointed, the- 

summon in said action or special proceedings shall be issued^ 

Issuing of sum- and a copy of the complaint served with said summons, and 
mons. •"■ , ' 

that after twenty days notice of said summons and complaint, 

the court may proceed in the cause to final judgment and 
decree therein in the same manner as if there had been per- 
sonal service upon the said infant defendants, and any decree 

Final judgment, or judgment in the case shall conclude the infant defendants 
as effectually as if he or they had been personally sum- 
moned. 

Action in case Sec. 3. That whenever any plaintiff or plaintiffs shall? 

Tvhere defendants . . . . . , 

are infants with- desire to institute any action or special proceeding in 
any of the courts of this state, where all the parties defen- 
dants are infants having no general or testamentaiy guardian, 
in this state, whether the said infants defendants shall be 
residents or non-residents of this state, any of said plaintiffs 
may file a petition to the judge of the court, or the clerk of 
the superior court in which said action is to be brought, set- 
ting forth the nature of the action or special proceeding 
which he or they desire to bring, and obtain from said court 
the appointment of some discreet person to act as guardian 
ad litem, for said infants defendants, upon which said guar- 
dian so appointed, summons and complaint may be served, 
and after twenty days service of the said summons and 
complaint, the court may proceed in the cause to judgment 
in the same manner as if ,' there had been personal service 
upon the said infants defendants, and any judgment or 
decree in the cause shall conclude the infant defendant as. 
effectually as if he or they had been personally served witli 
a summons. 

Guardian ad litem Sec. 4. That whenever any guardian ad litem shall be 
appointed under this act, the said guardian shall file an 
answer in said action or special proceeding admitting or 

Costs. denying the allegations thereof, the costs and expenses of 

which said answer in all applications to sell or divide the 
real estate of said infants shall be paid out of the proceeds 



1S70-'71.— Chapter 233—234. 381 

ot the property or in case of a division, shall he charged 
npon the land, if the sale or division shall he ordered hy the 
court, and if not ordered in any other manner the court shall 
direct. 

Sec. 5. That sections fifty-eio;ht and fifty-nine of the code Sections 58 and 59, 

r • •^ ^ 1 i" ^ 1 1 Code of Civil Pro- 

01 civil ]-»rocednre are hereby repealed. cedure repealed. 

Sec. 6. Tliat this act shall be in force from and after its When act to be in 

ratificatioti. ^°^'^- 

Eatilied the Jth day of April, A. D. 1871. 



CIIAPTEE CCXXXIY. 

AN ACT TO CHANGE THE TOWKSITIP OF LINCOLN COUNTY. 

Section 1. T/is General Assembly of North Carolina do Township unes to 
enact, That the board of commissioners of Lincoln county ^ ^ ^^^ ' 
are hereby empowered to change the lines, number and 
names of the townships of Lincoln county for the greater 
ease and convenience of the inhabitants thereof as the com- 
missioners may in their discretion deem proper, provided 
they do not increase the number of townships in the county. 

Sec. 2. All laws or parts ot laws in conflict with this act Repealing clause. 

are hereby repealed. 

Sec. 3. This act shall be in force from and after its rati- When act to be in 
/. ,. forca 

iication. 

Eatified the 5th day of April, A. D. 1871. 



382 



1870-'71.— Chapter 235—236. 



CIIAPTEB CCXXXY. 

AN ACT DONATING THE STATe's INTEREST IN THE FAYETTEVILLE 
AND WARSAW PLANK ROAD TO THE COUNTIES OF SAMPSON 
AND DUPLIN. 



Boad donated to 
citizens. 



Commission to 
receive road. 



When act to be m 
force. 



Section 1. 2'he General Assemlly of North Carolina do 
enacts That the state's interest in the Fayetteville and War- 
saw Plank Eoadj from Clinton to Warsaw, be donated to the 
citizens of Sampson and Duplin counties, to be used as a 
turnpike road by a company of the citizens of said counties 
for the purpose of rnnning a road steamer thereon. 

Sec. 2. That said interest be conveyed to John R. Beau- 
man, Col. Allmand, A. McKoy, Col. John A. Ford, and 
Alfred Johnson, as a commission, for the purpose aforesaid, 
and that said plank road company be authorized to convert 
said road into a turnpike and to use a road steamer thereon. 

Sec. 3. This act shall be in force from and after its rati- 
fication. 

Ratified the 5th day of April, A. D. 1871. 



CHAP TEE CCXXXYI. 



AN ACT TO INCORPORATE THE YADKIN RAILROAD COMPANY. 



Corporate name. Sechon 1. The General Assemhly of North Carolina do 
ena-ct^ That for the purpose of establishing railroad com- 
munication from Salisbury to points on the Wilmington, 
Charlotte and Rutherford Railroad, and the Cheraw and 
Salisbuiy Railroad respectively, at or near Wadesboro*, 
authority is hereby granted for the formation of a corny any 
which, when organized, shall be a body politic and corporate, 
under the name and style of the Yadkin Railroad Company, 
with the usual corporate powers, rights and privileges per- 



1870-'Tl.--CnAP'rER 236. 383 

taining to railroad corporations, togetlier with Biieh others as 
are heremafter specially granted. 

Seo. 2. That the capital stock of said corporation may be Capital stock, 
as mnch as one million dollars, to be divided into shares of gtarofr. 
:fifty dollars eacli ; and when as much as fifty thousand dol- 
lars of stock is taken by solvent subscribers, and live per 
cent, ot such subscriptions actually paid in, a meeting ot the *^^*^ °^ ®"^" 
fubscribers shall be called by the commissioners hereinafter 
appointed, at some time and place to be designated by them, 
or a majority of them, at which meeting said corporation 
may proceed to organize by the election of nine directors, Directors, 
and the said directors shall choose one of their number as 
president, and may also elect such other officers as may be Preeident. 
iieedtul and may be prescribed by the by-laAvs of the cor- 
poration ; and regular annual meetings of the stockholders AnHual meetings, 
may be held thereafter at such places and time ot year as 
they may fix upon, at which annual meetings elections tor 
ofiicers of said company shall take place in the mannei- above 
-prescribed ; but if from any cause any annual meeting be 
not held, all ofiicers shall hold over till the next annual 
meeting ; and a majority of the stock must be represented 
in person or by proxy to constitute a quorum at any meeting 
-of stockholders. 

Sec. 3. That for the purpose of procuring subscriptions to Commissioners to 

• T *^ • /-~i ATT T XI open lKK)K6« 

the capital stock ot said corporation, C. A. Henderson, John 
I. Shaver, Moses L. Holmes, Ephraim Mauney, L. W. 
Coleman, J. M. Shimpock, J. D. llearne, N. Mauney, 
J. M. Eedwin, Wm. G. Smith, W. L. Little, C. Watkins, J. 
B. Burns, II. A. Crawford and J. C. McLaughlin are hereby 
appointed commissioners with power to open boi^ks of sub- 
scription at snch times and places, and under the direction 
of such persons as they, or a majority of them, may deem 
proper, and they shall organize by designating from among 
•their number a chairman, a treasurer and any other needful 
officers, and shall have power to require a suitable bond of 
their treasurer for faithfully accounting for any moneys that 
may come into his bands; and they may bring suit in the 
name of their treasurer against any subscriber, and may 



384 



1870-'71.— Chaptee 236. 



Subscriptions by 
counties and cor- 
porations. 



Subscriptions of 
land. 



Donations. 



recover the five per cent, of his subscription, if snch sub- 
scriber has failed to pay in so much upon his said subscrip- 
tion, but their powers herein conferred shall, except as to any 
such suits then pending, cease upon the organization of the 
company, and they shall turn over to the treasurer 
of the company any subscription, moneys and obli- 
gations that may be or come into their possession ; and 
when fifty thousand dollars of capital stock shall be sub- 
scribed as aforesaid, and five per cent, thereof paid in or col- 
lected, it shall be the duty of said commissioners, without 
delay, to call a meeting of the stockholders, or more than 
one, if the first shall for any cause fail toybe held, that the 
said company may be organized as aforesaid. 

Sec. 4. That subscriptions may be made by counties, cities 
or towns to the capital stock of said railroad compan}^, upon 
the proposition ot the county commissioners, or city or town 
government, as the case may be, and tlie approval thereof 
by the qualified voters of such county, city or town under 
the regulations and provisions, so far as applicable, pre- 
scribed for county subscriptions in an act ratified April tenth, 
one thousand eight hundred and sixty-nine, entitled "an act' 
to enable the ChatJiam Railroad Company to complete its 
road." 

Sec. 5. That the aforesaid commissioners while they act, 
and the directors of the company after its organization, shall 
have the power to receive subscriptions of land at a value to 
be fixed by agreement between themselves and the owners,, 
and they may also receive donations of land or other valu- 
able property which may be given in furtherance of this 
enterprise ; and a deed of conveyance of any such land or 
property subscribed or donated shall be made by the owner 
to the Yadkin Railroad Company, if after the organization 
thereof, and if prior thei'eto, then the owner shall give to 
the aforesaid commissioners, or their chairman in their name, 
a bond to make title to the Yadkin Railroad Company when 
organized, which bond, upon the organization of said corn- 
pan j, shall be assigned by the obligee or obligees to said 
company, and may be enforced by a suit in its own name ; 



1870-'71.— Chaptek 236. 



385- 



but if said company be never organized under this charter, 
then all such bonds to become void ; and it said company 
shall not complete its road within ten years after its organi- 
zation, then it shall be bound, and may be compelled, by suit 
if necessary, to reconvey all such lands as may have been 
donated under this act, to the original grantors or their 
heirs. All such land and property as may be subscribed or 
donated may be held and disposed of by said company as it 
may judge most expedient ; and power is hereby granted to 
said company to purchase, acquire, hold and dispose of all 
real and personal property necessary for the accomplishment 
of its purpose of constructing and keeping in operation the 
railroad which this act contemplates. 

Sec. 6. That the president and directors of said company. Further subBcrip- 
after its organization, may take such action as they deem 
most efficient for securing further subscriptions until the 
whole amount of capital stock is taken ; they may also make 
all necessary orders for collecting the subscriptions not paid 
up, prescribing the instalments to be paid from time to 
time ; and in case any subscriber fail to pay in any instal- 
ment upon their call, the president and directors may, after 
twenty days notice, sell at public auction the shares sub- 
scribed for Ijv him. or so much thereof as may be necessary Enforcing sut>- 

' , -1 r ^ • \ • i-- . scription. 

to pay up the whole unpaid remainder ot his subscription , 

and it a balance of such subscription still remains unpaid 
after ai)plyiiig the entire net proceeds of such sale of his 
shares, then the company may by suit, in any court having 
jurisdiction of the case, recover said balance from such de- 
faulting subscriber. 

Sec. 7. That whenever any lands may be required by said Condenination of 
company for the purposes specified in this charter, and an 
agreement cannot be made with the owner thereof, the com- 
pany or the owner may apply to the clerk of the superior 
court in writing to cause the damages, if any, to be assessed, 
by five referees, entirely disinterested directly and indirectly, 
two of said referees to be appointed by each party respec- 
tively, and the fifth l)y the said clerk, five days notice of the 
application being given to the other party ; and if either- 






^86 1870-'71.— Chapter 236. 

party fail to appoint two referees at the expiration of said 

five days notice, the clerk shall appoint them. The clerk 

shall issue notice to all the referees to attend on the land 

npon a day fixed and lay off the ri^ht of way over said^ 

lands, which shall extend sixty teet on each side of the] 

track, when so much is asked for by the company, and any 

other special allowance of land may be made when necessary 

for depots, turnouts and other needful appurtenances ; and 

said referees considering the advantages and disadvantages 

of said railroad to the land in question, shall assess thej 

damages, if any to the owner of the land, and return ia 

writing and under oath their award to the clerk of the conri 

within ten days after it is made, and the same when filed 

shall be recorded as a regular judgment of the superior, 

court on which execution may issue re:urnable to the nex 

term of the court. Either party dissatisfied with the award 

may, within five days after its filing w'ith the clerk, upon 

giving an appeal bond to cover costs and damages in a sum 

to be fixed by the clerk, appeal to the superior court, and 

that court shall try the whole case de novo, but the company 

may, as soon as the award is made, whether there be aii 

appeal or not, enter upon the lands so awarded to it, and use^ 

them in constructing its road and appurtenances. ,' 

J^roportion of Sec. S. That in all meetings of the company each stock- * 

holder, upon all questions, shall be entitled to as many votes ^ 

as he owns shares of stock, and any one may demand a;| 

stock vote. -<■ 

When act to take Sec. 9. That this act take effect from and after the datej 
effect. ... 

of its ratification. 

Ratified the 5th day of April, A. D. 1S71. 



1870-71. — Chapter 237. 38'J 



CHAPTER OCXXXYII. 

AN ACT TO AMEND CHAPTER ONE HUNDRED AND EIGHTY-FOUR, 
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY EIGHT 
AND ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE ENTI- 
TLED AN ACT TO PROVIDE FOR A SYSTEM OF PUBLIC INSTRUC- 
TION. 



Section 1. The General Assemlly of North Carolina do {JJJ"^^«°*|^J'^ 
finax't Tliat section two of said act be amended so as to read to be made under 

' ■,/,!. X <■• f^ direction of the 

as follows, to wit : The board of education may, trom tune to Q^^eral Aseembij 



time as the same shall accumulate, invest the public school 
fmidin United States bonds and securities and railroad bonds, 
secured by a first mortgage : Prmnd-ed, hmi^ever, That sucli 
investments shall be made under the direction and approval 
of the general assembly. 

Sec 2. That section eight (8) of said act be amended so Pjayment^^harc 
as to read as follows, to wit : The share of public school tund ties. 
arising from the increase thereof by investment or other- 
wise to which each county be deemed to be entitled, shall 
1)6 paid to the county treasurer, or his lawful attorney, upon 
the order of the board of education and the warrant of the 
auditor, and in like manner shall all payments from the pub- 
lic school fund be made. 

Sec 3. That section nine (9) of said act be and the same rci©i1, 
is hereby repealed. 

Skc 4. That sub-division nine (9) and the last proviso of Amcndmc^uo^^ 
snb-division of section twenty-two (22) of said act be stricken \^^^m. 
out, and that section thirty-two (32) be amended by striking 
out at the end thereof the words, '' and deliver a copy to the 
school committee." 

Sec 5. Tiiat section fifty-two (52) of said act be amended Furtbei- amend. 
80 as to read as folh.ws, to-wit : That all state and county capi- 
tation taxes which shall be levied and collected for school i)ur- 
poses under the constitution, shall be paid to the county trcas- 
I urer of the counties respectively in which the same are collec- 
ted, and shall constitute a revenue and fund fui- the 6iipi)ort of 



^388 



1870-'71.— Chapter 237. 



Pay of County 



Further amend- 
•xaent. 



public schools in said counties respectively, and shall not be 
used for any other purpose. The sherifi or otlier person 
collecting such taxes shall take the receipts of the county! 
treasurer for such payments in duplicate, one copy of which' 
he shall transmit to the auditor of tlie state ; and said county 
treasurer, under the supervision and direction of the board 
of commissioners of their respective counties, shall dis- 
burse the same as required by this act, keeping a careful 
and accurate account thereof, a copy of which shall be in- 
cluded in the reports to the superintendent of public instruc- 
tion, required by section fourteen of this act. The appoi'-^ 
tionment of the school money raised by the operation of' 
this section shall be made by the commissioners of the' 
counties resj^ectively in which the same is collected, and in 
the same proportions as required in section fifty-four (54) of 
this act. The county commissioners shall, from time to time 
if necessarj', require the county treasurer to give sufficient 
and good securit}^, by additional bond or bonds, so as to 
secure the faithful administration of the said school fund ; 
and in default so to do, the said commissioners shall be guilty 
of a misdemeanor, and upon conviction before the superior 
court, shall be fined not less than three hundred dollars nor' 
more than one thousand. 

Sec. 6. The county examiner shall be allowed two dollars 
per each day of actual service, to be paid by the county 
treasurer out of the school fund, upon the order of the 
county commissioners, said actual service ta be determined 
by the said commissioners. 

Sec. 7. That section sixty-eight of said act be amended by 
adding thereto the following proviso : Promded., That the 
school fund herein referred to shall not include anj^ portion 
of the State and county capitation tax provided for in this 
act as hereinbefore amended. 

Sec. 8. That section three (3) of said act be amended 
by striking out the words " shall prescribe," inserting the 
words " may recommend ;" and that section forty-one 
(41) of said act be repealed ; and all after word " regula- 
tions," to and including the word " obtain," of section sixty 



1870-'71.— Chapter 237—238—230. 389 

nine of said act Le stricken out, and tliat all laws and parts When act to take 
of laws inconsistent with this act arc repealed, and this act 
shall take elfect from its ratification. 

Pwatified the 5th day of April, A. D. 1871. 



CHAPTER CCXXXYIII. 

AN ACT TO AUTHORIZE THE COUNTY COIMMISSIGNEES OF IIAKNETr 
COUNTY TO APPOINT A PROCESSIONER FOR SAID COUNTY. 

Section 1. The General AssemUy of North Carolina do Appointment of 

Proccssioucr, 

eyiact^ That the county commissioners of Harnett county be 
and they ai-e hereby authorized to appoint a processioner for 
said county under the same rules and regulations as pre- 
scribed in chapter 52, revised code. 

Sec 2 This act shall be in force from and after its ratitica- When act to bein 

force, 
tion. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCXXXIX. 

AN ACT TO RE-ENACT AN ACT IN RELATION TO A PLANK ROAD, 
RATIFIED THE TENTH DAY OF APRIL, ONE THOUSAND EIGHT 
HUNDRED AND SIXTY-NINE. 

Section 1. TJie General Asserably of North Carolina do Kc-cnactment. 
enact, That chapter one hundred and fifty-six of the public 
laws of one thousand eight hundred and sixty-eight and nine in 
relation to the plank road leading from High J^ointto Salem, 
is hereby re-enacted, and that the powers originally granted 
in said act upon said county commissioners are hereby 
restored and extended to said county commissioners 
indefinitely. 

Sec. 2. That this act shall be in force from and after its when act to be i 
ratification. ^^^^' 

Ratified the 5th day of April, A. D. 1871. 



390 1870-'71.— Chapter 240—241. 



CHAPTER CCXL. 

AN ACT FOK EXTENDING THE I»OWEK8 OF THE COUNTY COM- 
MISSIONERS OF RICHMOND COUNTY. 

Commissioners SECTION 1. The General Assemhly of North Carolina do 

collector. enact: That the county commissioners of the county ot 

Eichmond shall have power, whenever in their judgement 

it shall be necessary tor the safe and speedy collection of the 

taxes, which the sheritis is required to collect, to elect a tax 

collector whose duties shall be the same as those of the 

sheriff, so tar as the collection ot the taxes are concerned,, 

and who shall be under the same laws, rules and penalties,, 

as those prescribed -for sheriffs in the collection ot taxes. 

When act to be in Sec. 2. This act shall be in force from and after its ratifi- 
force, 

cation. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCXLI. 

AN ACT TO INCORPORATE THE SPARTANSBURG, COLUMBUS AN1> 
RUTHERFORD RAILROAD CK)MPANY. 

Corporators. Section 1. The Genei^al Assembly of North Carolina do 

enact: That Geo. Logan, H. A. Justice, J. B. Carpenter, 
Thomas Wilkins, John L. McDowell, K. S. Carpenter, C. J. 
Sparks, William Jones, John Garrison, J. H. Allen, R. S. 
Ambulin, George BlackM'ell, J. S. McAboy, Robt. McFar- 
land, James Carpenter, D. Y. Rhodes, J. D. McClure, Dr. 
T. B. Twittey, Wm. D. Harris, Edward Femes, Dr. Wm. 
Hanltery, J. K. Simpson, W. H. Miller, Dr. L. A. Mills^ 
Beverly Morsis, A. G. Logan, and Tysel Ridings, and their 
associates and successors, be and they are here created a 
body corporate for the purpose herein to be described. 



1870-71.— Chaptee 241. 891 \ 

Sec. 2. The corporation hereby created shall be kno^n Corpoj-atc oame. 

and styled the Spartansburg, Columbus and Rutherford E^il- i 

road Company, and by that name may sue and be sued, plead '[ 

and be impleaded, have a common seal, and succeed to all p^hts and privi- | 

rights and prinleges that are by the laws of this etato ; 

enjoyed by other corporations of a like character. \ 

Sec. 3. That upon the ratification of this act the corpo j 
rators before named shall meet in the town of Rutherfordton i 
on a day to be designated by G. "W". Logan and M. H. j 
Justice, for the purpose of organizing said company, and \ 
when so organized they may open books for the purpose of Subscription to i 
receiving subscriptions to the joint stock of said company at * j 
.such times and places as they may deem necessary. The ,i 
capital stock of said company shall be five hundred thousand Capital stock. ; 
<lollars, and the same may be increased to one million of dol- 
lars, when the stockholders of said company shall so direct. ■ 
When one hundred thousand dollars shall have been sub- ] 
scribed to the capital stock of said company and one-tenth \ 
cif said sum shall have been paid to said stockholders or their 
agent, then it shall be the duty of said company to call a 
meeting of the stockholders of said company, to meet at j 
such time and place as they may designate, and when the ■ 
stockholders of said company shall have met it shall be their Directors. I 
tluty to elect seven directors, make their own by-laws and do bj-Laws. '■ 
all other tilings that may be necessary for the completion of ; 
tlie organization of the said company. 

Sec. 4. That when the directors so elected shall have President. ^ , ! 

f jTganized by electing one of their number president of said ' 
Itoard and otherwise completing the organization of the ~ ] 

lioard of said directors, then the said directors may proceed * 
to have a railroad surveyed and laid ofi" from the town of Survey, 

liutherfordton, by the most practical route to the Soutli : 
Carolina line, near the Sandy Plains in the county of Polk, Location of roaddt i 
?iad from thence to the town of Columbus, in the county of 
Polk. The said directors shall have the right to connect 

their line of road with any other line of railroad, and may j 

receive subscription to the capital stock of said company in I 
money, real or personal property, upon such terms as they 

,23 ! 



392 1S70-'71.— Chapter 241. 

County and cor- may direct, and all pei*8ons, counties and corporations shall 

Sons. have the right to subscribe to the capital stock of said com- 

pany ; Prcmided^ That the Wilmington, Charlotte and 
Kutherford Railroad be not completad to Rutherfordton 
within eigliteen months from the ratification hereof. But 
in case such railroad is so completed, then the company 
herein chartered shall proceed to construct their road to Co- 
lumbus by the most direct route practicable, and shall not go 
* to Spartansburg. 

lUghtof way, etej Sec. 5. That for the purpose of laying oft' and construct- 
ing a railroad known as the Spartansburg, Columbus and 
Rutherford Railroad, the directors shall have the right of 
way in accordance with the laws of North Carolina, now in 
existence, and may exercise all other rights and privileges 
that are now enjoyed b}'' other boards of directors ot all other 
corporations of a like character in this state, and shall have 
full power to construct said railroad upon such plan as they 
may deem expedient 

Shares. Sec. 6. That the capital stock of said company shall be 

divided into shares of fifty dollars each, and every share shall 
' entitle the holder thereof to one vote in all meetings of the 

stockholders of said company. 

Guage. Sec. 7. The guage of said road shall be the same as that 

of the Wilmington, Charlotte and Rutherford Railroad, and 
the two roads shall be so connected at Rutherfordton that 
cars and engines may pass freely from the one over the other. 

Whea act to be in Sec. 8. That this act shall be in force from and after its 

^^''"- ' ratification. 

Ratified the 5th day of April, A. D. 1871. 



ISTO-'Tl.— CiiAPT-K 242. 393 



CHAPTER CCXLII. 

AN ACr TO IXCOKPOKATE THE ASHEVILLE AND VIRGINIA RAIL- 
KOAD COMrAXY. 

Section 1. That i\>Y the purpose of constructing, keeping Location of road. 
up and using H railroad communic-ition from or near tlietown 
of Asheville, Xorth Carolina, on the Eastern Division of the 
Western Is"orth Carolina Railroad to the Virginia state line 
ia the direction of Mount Airy, in Sarry county, NorthCaro- 
lina, and Lynchburg Virginia, which line may be decided 
by the directors of a company hereby chartered under the 
name and st3-le of the Asheville and Virginia Railroad Com- Corpoi ate name, 
pany, the principal office of which sluill be located at or near 
the junction ot said road with the Eastern Division of the 
Western Xorth Carolina Railroad, and at which office the 
annual election of directors shall be held ; Mont Patten and 
E. J. Aston, of Buncombe county, J. S. Brown and A, M. Corporators. 
Erwin, of McDowell county. Tod R. Caldwell and T. G. 
Walford, of Burke county, S. F. Patterson, G. W. Harper, 
<rf Caldwell county, Allen Brown and W. H. H. Cowles, of 
Wilkes county, John M. Brown and Jesse W. Graves, of 
Surry county, and their successors are hereby constituted a 
board of commissioners of this charter. 

Sec. 2. That the president, directors and stockholders of Corporate ri^-lits. 
said Asheville and Virginia Railroad Company, their suc- 
cessors and assigns, shall be and they are hereby declared 
incorporated into a body corporate and politic, and as such 
shall be capable in law to purchase, accept, lease and hold, 
sell and convey personal and real estate, contract and be 
contracted with, sue and l^e sued, plead and be impleaded in 
any court of law or e<piity of this state having jurisdiction, 
to make such by-laws, appoint all necessary officers, prescribe 
their duties, and do all lawful acts pro])erly incident to and 
connected with the objects of said company, as arc necessary 
ior the government and transaction of its business, to make 



394 



1870-'71.— Chapter 241. 



Capital stock. 



Books of! sub- 
scription. 



Election of Di- 
rectors. 



president. 



and use a corporate seal, and the same to alter, destroy or 
renew at its discretion. 

Sec. 3. That the capital stock of said company shall not 
exceed five millions of dollars, in shares not exceeding one 
hundred dollars each, payable by instalments of such amounts 
and at such times as the board of directors in its judgment 
may think best for the interests of the company ; but never- 
theless, the aforesaid commissioners shall have the power of 
opening books of subscriptions, for tlie purpose of obtaining 
the necessary amount of stock in such manner as they may 
deem best in accordance with the provisions of this charter 
to commence the work. 

Sec. 4. That for the full organization of said company, 
said commissioners hei'ein before named or any three or 
more of them, shall appoint meetings and open books of 
subscriptions for the capital stock of said company, and when 
the amount of one hundred and fifty thousand dollars is bona 
fide subscribed, the said commissioners or any three of them 
shall soon thereafter fix the day for the meeting of the stock- 
holders at the point designated heretofore, of which time 
and place they shall give three weeks notice in one or more 
newspapers published in Asheville or on the line of the 
proposed railroad, when they shall hold an election for seven 
directors ; and the seven stockholders receiving the largest 
number of votes shall form and constitute the fij'st board of 
directors of said Asheville and Virginia Railroad Company, 
each stockholder being entitled to as many votes, in person 
or by proxy, in all elections and meetings of the stockholders 
as he or she may own shares in said company at the time of 
voting, and the commissioners certifying to the election of 
the first seven directors of said company, shall hand their 
certificates and books of subscription of stock and all other 
papers of their acts or doings over to the said board of 
directors, and their duties and labors shall tlieu and there 
cease, determine and end. 

Sec. 5. That the board of directors shall meet as soon 
after their election as practicable and choose one of their 
own number president of the board and company, whose 



1S70-'T1.— Chai^tek 242. 895 

temi ot office, with that of the directors, shall be one year 

and until their successors are chosen and installed, and the 

election of directors shall be held annually, according to the 

by-laws that may be made, and all vacancies occurring in 

the board may be filled from among tlie stockholders at any 

time by the acting directors. 

Sec. 6. That each subscriber to the capital stock ot said Liability ct eub- 

'^ , sonbers. 

company shall be liable for all instalments falling due upon 

his or her subscription, and a failure of any stockholder to 
pay any instalment within the time appointed for the pay- 
ment ot the same, he or she may be sued for said unpaid in- 
stalment or instalments in any court having jurisdiction, but 
neither the person or property of any stockholder shall be 
liable or bound for any debt or liability against the company. 

Sec. 7. That a majority of the commissioners of any County subecrip- 
oounty of this state may at any time subscribe to the amount 
of one hundred thousand dollars to the capital stock of said 
railroad company, the same having been passed by a ma- 
jority of the qualified voters of the county, who shall vote 
at such time and place as a majority of the commissioners 
shall appoint ; and upon their ballots shall be written " for 
subscription " or " against subscription." And in case a ma- 
jority of the votes of the county shall be cast for subscrip- 
tion, then the judges of said county shall order the chair- 
man to issue county bonds, payable to said company, in sums 
not less than one hundred dollars each, payable at such times 
and places as a majority of the judges shall direct, and thej 
are hereby vested with full power and authority to raise 
money by taxation to provide for the payment of the prin- 
cipal and interest of the bonds so issued. 

Sec. 8. That for the purpose of ascertaining the best route Surveys, 
for said railroad and to locate the same, it shall be lawful for 
said company, by its officers and agents to enter upon, 
examine and survey any landsjthat they may wish to examine 
for such purpose, free from all liability or liindrance. 

Sec. 9. That in all cases where a question of right of way Right ot way. 
may arise and the parties be unable to agree, the sherifi'of 
the county in which the said land is situated shall, at the 



396 1870- 71.— Chapter 212. 

request ol either party, summon a jury of twelve jurors, 
freeholders of said county, wlio shall assess the damages to 
be paid by said company for running said railroad through 
said lands, and each party shall have at least twenty days 
notioe of the time and place of the meetings of the said 
jurors for making such assessments, and saving to either 
party the right of appeal to the superior court of the county 
in which said lie under the laws now in force regulating 
appeals to that court, which appeal shall be entered within 
thirty days after tlie finding of the jury, and in all such 
cases such jury shall, in addition to the usual oath, be sev- 
erally sworn in assessing damages, to take in account the 
enhanced value of the lands from the building ot said rail- 
road passing through said lands. 

Right to appro- Sec. 10. That said company shall be and is hereby author- 

priate lands, etc. . t , • , n i i ' i . . -, n •, 

ized to appropriate all lands and materials necessary for the 

construction of said railroad and make all contracts neces- 
sary therefor, making just and proper compensation for 
the same according to plan set forth in this act, to cross rail- 
roads and all other roads, and to take such other measures 
not unlawful in themselves that may be necessary in build- 
ing said railroad and carrying out the objects of the same as 
far as set forth in this act. 

Officers of com- Sec. 11. That all tlie officers of said company and servants 
panyesemptfroiH • ^i ^ i i ^ j? •/ ■. 

civil duties. and persons in the actual employment oi said company, be 

and they are hereby exempt from performing ordinary militia 
duty, working on public lands and serving as jurors. 

When eonstruc- Sec. 12. That said company shall begin the construction 

of said railroad within two years from the date of this act, 

and complete the same within ten years, and on failure of 

either of these requisitions, the charter, otherwise perpetual, 

with all the privileges hereby granted, are declared null and 

void. 

Right to lease, Sec. 13. The said compau}' is hereby fulh" authorized and 

sell, or cx)nsoli- , , , . i • i , , i . , , , , . 

date road. empowered, by a two-thirds vote of the capital stock of this 

company subscribed and paid, to sell and lease or otherwise 
dispose of as they may deem proper, said railroad, or consoli- 



1870-'71.— Chaptee 242—2^3. 397 

date with other connecting railroads, and that all laws and 
parts of laws, militating against this act, be and tlie same are 
hereby repealed. 

Katitied the 5th day of April, A. D. 1871. 



CHAPTER CCXLIII. 

AN ACT TO AUTHORIZE THE C0MMISSI0NEE6 OF HAKNETT 
COUNTY TO LEVY A 6PFX)IAL TAX AND FOB OTHER PURPOSES. 

Section 1. The General AsseiyiMy of North Carolina do Limitation of spe- 
rm 1 • • <• TX i 1 *^''^ ^^• 

enact, iliat the commissioners oi Harnett county are here- 
by authorized and empowered to lev^y a special tax on all 
real and personal property now taxed by law not to exceed 
one-half of one per cent, for tlie payment of jnrors and other 
county expenses. 

Sec. 2. That the equation ol the constitution in regard to County scrip re- 

• • 1 11 1 1 ceivable in pay- 

poii and real estate taxation, shall be strictly adhered to and mjeot. 
the sheriti' of said county is hereby required to receive 
all duly authenticated county scrip in payment of said tax. 

Sec. 8. That the commissioners of said county be and they commissioners 
are hereby authorized to dispose of such part of the land j^o^Jge lands, 
l^elonging to the poor house as they in their discretion may 
deem best ; Provided, That the quantity disposed of shall ProviBo. 
not exceed two hundred and fifty acres, and that the pro- 
ceeds tlicreot shall be devoted exclusively to the better pro- 
tection and well being of the poor of said county. 

Sec. 4. That this act shall be in force from and after its \\Tien act to be in 
ratification. 

Ratified tiie 5th day of April, A. D. 1871. 



S98 



1870-'71.— Chaptbb 244. 



CHAPTEK CCXLIY. 

AN ACT FOE THE RELIEF OF THE SHEEIFFS OF WAYNE, WIL- 
SON AND OTHER CXDUNTIES. 



^^e^oable. 



Sheriffs to collect 
tax under law of 
^arcb, 1870. 



Sheriffs to setUe 
"wlUi Treasurer. 



Whereas, By the legal interpretation and construction 
given to an act to repeal certain acts pasaed at the session of 
one thousand eight hundred and sixty-nine, making appro- 
priations to railroad companies, ratified the eighth day of 
March, anno domini one thousand eight hundred and sev- 
enty, the county commissioners of the counties ofWayne and 
"Wilson, instructed and directed the sheriffs of said counties^ 
not to collect the taxes imposed for ordinary state purposes, 
hy an act to raise revenue, ratified the twenty-eighth day of 
March, anno domini one thousand eight hundred and seventy;, 
and whereas, judgments were ordered against the sheriffs of 
said counties, and the sureties on their official bonds at fall 
term one thousand eight hundred and seventy, in the supe- 
rior court of the county of Wake ; and whereas, as it was not 
the fault of said sheriffs in failing to settle with the public 
treasurer within the time prescribed by law ; therefore. 

Section 1. The General Assemhly of North Carolina do 
enact, That it shall be the duty of the county commissioners 
of the counties of Wayne and Wilson to order the sheriffs ot 
said counties to collect the tax imposed for ordinary state 
purposes, by an act to raise revenue, ratified the twenty- 
eighth day of March, anno domini one thousand eight hun- 
dred and seventy, under the same rules, regulations, liabili- 
ties and restrictions, in all respects as were imposed by said 
act. 

Sec. 2. The sheriffs of said counties shall collect the taxes 
imposed by said act and pay the same into the public treas- 
ury on or before the first Monday in June, one thousand 
eight hundred and seventy-one, under the same liabilities as 
now provided by law for failing to settle public taxes in due 
time. 



1870-71.— Chapter 244r-245. 3g^ 

Sec. 3. The sheriffs of said connties and their sureties are Release frem cer* 
hereby fnllj and entirely released and discharged from all 
fines,' except cost of suits, forfeitures, amercements and 
penalties imposed upon them for failing to settle with the 
public treasurer within the time allowed by law ; Provided, 
Said sheriffs shall pay said taxes on or before the first Mon- 
day in June, one thousand eight hundred and seventy-one. 

Sec. 4. This act shall be in force from and after its rati- When act to be in 
. force, 

fication. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCXLV. 

AN ACT TO AMEND SECTIONS TWO HUNDRED AND SIXTY-SIX, 
TWO HUNDRED AND SIXTY-EIGHT, TWO HUNDRED AND SIXTY- 
NINE, TWO HUNDRED AND SEVENTY, TWO HUNDRED AND 
SEVENTY-ONE, CODE OF CIVIL PROCEDURE. 

Section 1. The General Assembly of North Carolina do Amendment. 

enact, That sections two hundred and sixty-six, two hundred 

and sixty-eight, two hundred and sixty-nine, two hundred 

and seventy, two hundred and seventy-one, code of civil 

procedure, be amended by inserting the words " court or " 

iminediately preceding the word "judge," whenever it may 

occur in the sections above named. 

Sec. 2. This act shall be in force from and after its ratifi- When act to be in 

force, 
cation. 

Ratified the 5th day of April, A. D. 1871. 



•400 1870-'71.— Chapter 246-247. 



CHAPTER CCXLVI. 

AN ACT TO AMEND THE CHARTER OF THE CALDWELL AND 
WATAUGA TURNPIKE COMPANY. 

Exemptions from SECTION 1. The General Assemhhi of North Carolina do 

toll for work on i . i , , , , . ■,->•• 

'road. enaet, Ihat any person liable to work on public roads living 

within two miles of the Caldwell and Watauga turnpike 
road, west of the Yadkin spring, may, at his option, work on 
said road under the control of the overseer appointed by the 
president and directors of said company under such regula- 
tions as are now required by law of those living nea^ said 
road east of the Yadkin spring, and upon performing such 
service, such persons or person shall be entitled to such ex- 
emptions from toll and from service on other roads as are 
now provided by law for those working on said road east of 
the Y^adkin spring. 
When act to be in Sec 2. This act shall be in force from and after its rati- 
fication, and shall be deemed a public act. 

Ratified the 5th day of April, A. D. 1871. ^ 



CHAPTERCCXLVII. 

AN ACT CONCERNING TOWNSHIPS IN THE COUNTY OF CHEROKEE. 

Townships. SECTION 1. The General Assembly of North Carolina do 

enact^ That the district reported by the commissioners of 
Cherokee county are hereby approved, and said, districts in 
obedience to article seven, sections three and lour, of the 
constitution in each district shall have coi"porate powers, and 
shall be known as townships by the boundaries and by the 
names respectively designated in said reports in as full and 
ample a manner as if said districts had come under aud 
within the provisions of an act ol the general assembly en- 



1S70-'71. -CHAPfER 217— 24S. 401 | 



entitled " an act concerning townships," being clmptev one 
hundred and eighty-five of the public laws, passed at the 
session of one thousand eight hundred and sixty-eight and 
one thousand eight hundred sixty-nine, and ratified the tenth 
day of April, one thousand eight hundred and sixty-nine. 

Sec. 2. Provided, notwitlistanding. That the election for J^ioctt^^oMown- 
township oflicers under the said article of the constitution, 
and the act of the general assembly referred to in the first 
se-ition in the above named county, shall take place on the 
fii-st Thursday of August, in the year of our Lord one thou- 
sand eight hundred and seventy-two, and the provisions of said 
act shall apply in all respects to the election herein directed. 

Sec 3 This act shall be in force from and after its rati- When act to be in 

force, 
lication. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCXLVIII. j 

AN ACT TO REPEAL AN ACTI ENTITLED " AN ACT TO AMEND . 

THE CHARTER OF THE WESTERN NORTH CAROLINA RAILROAD 

COMPANY," RATIFIED THE NINETEENTH DAY OF AUGUST, ANNO ' 

DOMINI ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT, 

i 
AND FOR OTHER PURPOSES. J 

Section 1. The Getieral Assembly of Worth Carolina do J^^^^^^^ ^'^P^' : 

enact, That to enable the Western North Carolina Railroad ^ ' ; 

Company to relieve themselves from present embarrassment ; 
and secure the eventual completion of their road, they may 

increa.se tlieir capital stock to such sum as they may deem , 
proper, not exceeding fifteen millions of dollars, under such 

rules and regulations as the stockholders may prescribe ; j 

Provided, v^ertheU'is, That at all meetings of the stock- \ 

holders, no stock shall be voted or represented either in ])er- ^ 
son or by proxy, unless such stock has been actually paid 

lor in cash or work on said road, and the board of directors of \ 



403 1870-'71.— Chaptee 248. 

Directors may said Company may make such agreements and contracts with 
for construction, the North Carolina Railroad Company or with any person or 
other corporations for the construction of their road and its 
branches, according to the charter and the several amend- 
ments thereto, as the same existed prior to August nine- 
teenth, anno domini one thousand eight hundred and sixty- 
eight, as they may deem proper, and may grant to other 
railroad companies the privileges and rights to use their road 
or any part thereof, for the purposes of passing their engines, 
cars, freights and passengers over the same, and they may 
May operate in operate their road in connection with other railroads in this 

connection witli j , , t • . ^ i , n ^ 

other roads. and other adjommg states, and may change the guage of the 

track of their road or any part thereof, at pleasure, to pro- 
mote tlieir interests and convenience. 

Charter of August Sec. 2. That an act to amend the charter of the Western 

' ' "^P**^ • North Carolina Railroad Company, ratified the nineteenth 

day of August, anno domini one thousand eight hundred 

and sixty-eight, be and the same is hereby repealed ; I^ro- 

Proviso. vided, nevertheless, That all the property, rights, credits, 

rights of action, and efibcts that now exist in favor of the 
Western Division of the Western North Carolina Railroad 
Company, or which may result from any existing matters, 
causes, circumstances or contingencies, shall become abso- 
lutely the rights and property of the Western North Caro- 
lina Railroad Company, and shall be faithfully applied to 
construction of the main trunk line from the French Broad 
river westward, and all fc.iits which may be brought in any 
court to enforce such rights and recover such property and . 
effects or any part thereof, shall be brought in the name of 
the Western North Carolina Railroad Company ; And, jpro- 
vided further, That this act shall not be so construed as to 
relieve any person from any criminal prosecution now in- 
stituted or which may hereafter be instituted in any courts 
for any criminal offence heretofore committed in or about 
the affairs of the western division of the Western North 
Carolina Railroad Company, nor shall it be so construed as to 
abridge or release any rights, rights of action, or credits which 
now exist, or may result from existing circumstances or con- 



1870-'T1.— Chapter 248—249. 403 

tingencies in favor of the said western division of said Wes- 
tern jSTortli Carolina Railroad Company ; And, jprovided 
further, Tliat the Western ISTorth Carolina Railroad Com- 
pany shall be governed in all respects as the eastern division 
of said company may be under existing laws under this act ; 
And, provided, further. That the stock ot any private Rights of stock 

• in VVcstCi'u di- 

stockholder in the western division of said road shall be en- vision?, 
titled to the same respectively in respect to the stock, rights 
and privileges, as stockholders now have and enjoy respec- 
tively in the eastern division of said company. 

Sec. 3. That this act shall be in force from and after its wiien act to be in 
ratification. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCXLIX. 

AN ACT TO ALLOW THE COUNTY COMMISSIONERS OF CAMDEN 
COUNTY TO LEVY A SPECIAL TAX. 

Section 1. The General Assembly of North Carolina do Amount and ob- 
enact, ihat the county commissioners oi Camden county be 
and they are hereby empowered to levy a special tax not to ex- 
ceed fifteen hundred dollars, for the purpose of paying tlie 
residue of county debt; Provided, however, It be submitted 
to the qualified voters of said county, and the constitutional 
equation to be observed. 

Sec 2. That this act shall be in force from and after its wiien act to le iu 
ratification. *°'"^*'- 

Ratified the 5th day of April, A. D. 1871. 



404: 



1870-71.— Cha^pter 250-251. 



CHAPTER CCL. 

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF CAS- 
WELL COUNTY TO COLLECT A SPECIAL TAX. 



Objects of tax. 



Amount. 



When act to take 
eflfect. 



Section 1. The. General AssemMy of North Carolina do 
enact, That the county comiiiissioners of Caswell county are 
hereby authorized to levy a special tax, to be collected as- 
state and county taxes are, to support the poor and pay the 
outstanding indebtedness of said county ; Prooid^d, That 
said special tax shall not exceed the sura of twenty -live hun- 
dred ($2500) dollars, and that the equation required by the 
constitution on the poll and property tax be observed. 

Sec. 2. That this act shall take effect from and after its- 
ratification. 

Ratified the 5th day of Apiil, A. D. 1871. 



CHAPTER CCLI. 

AN ACT TO ESTABLISH A TURNPIKE ROAD FROM THE TOWN 
OF 8TATESVILLE, IN THE COUNTY OF IREDELL, TO THE TOWN 
OF MOUNT AIRY, IN THE COUNTY OF SURRY. 



Location of road. 



Directors to su- 
pervise construc- 
tion. 



Section 1. The General Assemhly of North Carolina do 
enact, That for the purpose of laying out and establishing a 
turnpike road from the town of Statesville, in the county of 
Iredell, through the county of Yadkin, to the town of Mount 
Airy, in the county of Surry, the county commissioners of each 
county through which the road passes, are hereby em- 
powered and required to appoint a board of directors con- 
sisting of three competent nicn, whose duty, immediately 
after their appointment, shall be to organize by electing one 
of their number chairman of the board, which board afler 



1870-71.— Chapter 251. 405- 

being so organized shall have full power to supervise and 
construct said turnpike road. 

Skc. 2. That it shall be the duty of said board of directors Surveyor. 
for each county through which said road passes to employ a 
competent and skillful surveyor and two commissionerd to 
survey and locate said road, who shall first take an oath 
before some magistrate in the county in wdiich they are em- 
ployed, fiiithfully to discharge their duty so as to promote 
the best interests of the road, with as little damage to the 
persons through whose land it passes as possible. That said Description of 
road shall be twenty feet wide, clear of stumps and runners 
and in no part of the road shall the grade rise more than one 
foot in sixteen. Tliat said road shall be located on the road Grade, 
bed of the present road leading directly from Statesville to 
Mount Airy, Nvhenever it is convenient and practicable. 

Sec. 3. That if th.e owner of any land through which said Condemnation of 
roads shall pass shall consider himself or themselves injured 
thereby, it shall be competent for such person or persons by 
petition to the county commissioners of tlie county in which 
the damage is done, j)raying for a jury to view the premises 
and assess the damages sustained, and it shall be the duty of 
tlie commissioners to order such jury to be summoned as in 
case of such public roads, and it shall be the dut}^ of the jury 
to take into consideration the advantage to the land as 
well as tlie injm-y done by the making of said road, and on 
report of the jury made to and confirmed by the commis- 
sioners, the damage shall be paid out of any fund hereinafter 
provided for. 

Sec. 4. That for the purjjose of enabling the board of convicts to be 
directors above provided for to contract said road, said board ®™P^°y®°* 
of directors are liereb}- authorized and empowered to make a 
requisition upon tlie comn\issioners of their several counties 
for all the convicts sentenced to the penitentiary confined in 
the jails of each county fur a term of two years and under, 
Avhich convicts shall be put to work by said directors on said 
road, and it shall be the duty of said diiectors to employ a 
laitliful and energetic overseer or overseers, whose duty it overseers of con- 
shall be to overseer said convicts and keep them industriously ^^^^' 



406 



1870-'71.— Chapter 251. 



Subscriptions to 
road. 



tyomnilssionei's 
may eu spend 
work. 



employed. That in order to enable said overseer to control 
and prevent said convicts from making tlieir escape, said 
overseer is hereby authorized and empowered to confine said 
convicts together with chain, or if need be, with ball and 
chain : Provided, however, That his treatment of them shall 
in all other respects be kind and humane, and shall conform 
strictly to all the rales and regulations for the government 
and management of convicts in the state penitentiary ; that 
the jailor of each county shall furnish to said convicts the 
same kind and amount of provisions as is furnished to the 
convicts in the State penitentiary, to be delivered to the 
overseer of the convicts in such way and manner as may be 
presented by the board of directors. 

Sec. 5. That for the purpose of necessary funds for the com- 
pletion of said road, it shall be the duty of the county com- 
missioners of each county to appoint suitable persons at as 
many places in each county as they may deem necessary to 
open books of subscription to solicit and receive whatever 
amount any and all persons who may favor the construction 
of said road may desire to subscribe, and pay for said pur- 
pose, and as soon as one hundred dollars shall be subscribed 
and collected in each county and paid over to the chairman 
of the board of county commissioners, said chairman shall 
notify the board of directors of the receipt of said money, 
upon which notice said board of directors shall proceed at 
once to employ a surveyor and commissioners in each county 
as above mentioned, on as reasonable terms as practicable, 
and purchase tlie necessary implements for the use of the 
convicts in the performance of the work on the road, and 
also to employ an overseer or overseers for in section fourth 
of this act. That as soon as the survey has been made said 
overseer or overseers shall take charge of said convicts and 
commence the work ; Provided, however, that it shall be at 
the discretion of the county commissioners to stop the work 
for a time whenever in their judgment the number of con- 
victs shall be so small that their labor will not defray the 
expense of keeping the overseer employed, and resume the 
work again as soon as a sufficient number of convicts shall 



1870-'71.— Chapter 251—252. 407 

be imprisoned, and upon the warrant of the chairmjm ot the 
board of directors, the chairman of the board ol commis- 
sioners is hereby anthorized and empowered to pay the l^^^l^l^^^^ 
expenses of the survey, the purchases of the implements and 
the wages of the overseer at the end of every month as it 
falls due out of the funds placed in his hands tor that pur- 
pose. 

Sec. 6. That said turnpike, road when completed, shall be To be a public 

IT J J 1 n L ^°^' 

deemed and taken to be a county public road and shall be 

kept up as other county public roads are kept up. 

Sec. 7. That this act shall be in lorce from and alter its When act to be in 

force. 
ratification. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCLII. 

AS ACT AUTHORIZING THE COUNTY COMMISSIONERS OF THB 
COUNTY OF GATES TO LEVY AND 0<^)LLECT A SPECIAL TAX 
AND APPROVING THEBBOF. 

Section 1. T/te General Assembly of North Carolina do Objects of tax. 

enact, That the commissioners of the county of Gates have 

full power to levy and collect a special tax within their 

county to proride for the payment of interest and principal 

as the same may become due of the bonds heretotore issued, 

or that may hereafter be issued in payment of the county 

subscription authorized by a vote of the people of said county 

to the capital stock of the Eden ton and Norfolk railroad 

company, provided the tax on the poll shall be equal to the 

tax levied on three hundred dollars worth of property. 

Sec. 2. That this act shall be in force from and after its When act to be in 

force, 
ratification. 

Ratified the 5th day of April, A. D. 1871. 
24 



408 



1870-'71.— Chapter 253. 



CHAPTEE CCLIIL 

AN ACT TO PREVENT FORGING AND COUNTERFEITING THE PRI- 
VATE MARKS, TOKENS, STAMPS OR LABELS OF ANY MANU- 
FACTURER, MECHANIC OR OTHER PERSON. 



Protection to pri- 
vate marks, la- 
bels, &e. 



Penalty for viola- 
tion. 



Penalty for vend- 
ing merchandize 
with forged la- 
bels, &c. 



When act to be in 
force. 



Section 1. The General Assemhly of North Carolina do 
enact, Every person who shall knowingly and wilfully forge 
or counterfeit or cause or procure to be foi-ged or counter- 
feited the private marks, tokens, stamps or laljels of any 
mechanic, manufacturer or other person being a resident of 
this state or of the United States with intent to deceive and 
defraud the purchasers, mechanics or manufacturers of any 
goods, wares or merchandise whatsoever, upon conviction 
thereof shall be punished by fine not less than fifty dollars 
and not exceeding one thousand dollars, or by imprisonment 
not less than one month or more than five years or both 
fine and imprisonment at the discretion of the court. 

Sec. 2. Every person who shall vend any goods, wares or 
merchandise having thereon any forged or counterfeit marks, 
tokens, stamps, or labels purporting to be the marks, tokens, 
stamps or labels of any person being a resident of the state 
or of the United States, knowing the same at the time of the 
purchase thereof by him to be forged or counterfeited, shall, 
upon conviction, be deemed guilty of a misdemeanor and 
shall be punished by imprisonment in the county prison not 
exceeding six months or by fine not exceeding one hundred 
dollars, or by both fine and imprisonment at the discretion 
of the court. 

Sec. 3. This act shall be in force from and after its rati- 
fication. 

Eatified the 5th day of April, A. D. 1871. 



1870-'71.— Chapter 254. 409 



CHAPTEK CCLIV. 

AN ACT TO LAY OUT AND CONSTKUCT A PUBLIC ROAD THROUGH 
THE COUNTIES OF WILKES AND WATAUGA. 

Section 1. The General Assemlly of Noi'th Carolina do Location of road. 
enact, That there shall be laid out and established a public 
road from Messrs. Phineas and A. H. Horton's store, in 
Wilkes county, to Boone, in Watauga county, to run as fol- 
lows : Up Elk creek, crossing the blue ridge, the most prac- 
tical I'oute to Boone. 

Sec 2. That the said road shall be made sixteen feet wide Width and grade. 
exce])t where there shall be side cuttings, and in such places 
it shall be twelve feet, and in no part of the road shall it rise 
on ascending any hill or mountain, more than one foot in ten, 
and to be well made as herein directed. 

Sec 3. That it shall be the duty of the county commis- Sm-vey of road, 
sioners of Wilkes and Watauga to appoint a competent en- 
gineer and two commissioners each of their respective coun- 
ties, to survey and locate said road, who shall take an oath 
before the chairman of the Ijoard of county commissioners 
of their county to faithfully discharge the duties for the best 
interests of the county. 

Sec 4. That if the owners of any land through which said yaiuation of con,. 

•' ^ • • J denmed land, 

road shall pass, shall consider him, her or themselves injured 

thereby, it shall be competent for such person or persons 
by petition to the county commissioners of their county 
praying for a jury to view the premises and assess the 
damages sustained, and it shall be the duty of the commis- 
sioners to order a jury to be summoned, as in case of public 
roads, and it shall be the duty of the jury to take into con- 
sideration the benefit to the land as well as the injury done 
'"•y making said road, and on a report by the jury to ^d 
confirmed by the commissioners, the damage shall be paid 
by the county in which the damage is done. 

Sec 5. That if any person or persons shall claim damage 
and call for a jury to assess them and none arc found, the 



410 



1870-71.— Chapter 254r— 255. 



CommUsionera 
may enforce labor 



Power oyer road 

Lands. 



Township trus- 
tees to report 
completion. 



"When act to be in 
force. 



person or persons so calling shall defray all expenses in the 
case. 

Seo. 6. That the county commissioners of Wilkes shall 
have power to call ont all the hands liable to work upon 
public roads under existing laws, who reside within two 
miles of said road, (compass line) at such times and for such 
length of time as will not materially conflict with the farm- 
ing interests of the county, to construct the road. 

Sec. 7. That the county commissioners of "Watauga shall 
have the same powers over hands within two miles of that 
portion of said road located in their county as is provided in 
section six of this act, for the commissioners of Wilkes 
county ; Provided, That no person shall be required to 
work more than ten (10) days on said road in any one year. 

Sec. 8. That when the said road provided for in this act 
has been constructed as herein provided, it shall be the duty 
of the township board of trustees through whose township 
said road runs, to receive the same and report to the county 
commissioners that said road has been constructed according 
to law. 

Sec. 9. That this act shall be in force from and after its 
ratification. 

Katitied the 5th day of April, A. D. 1871. 



CHAPTER CCLY 



AN ACT TO ENABLE ALIENS TO TAKE, HOLD AND CONVEY LANDS. 



Right of aliens to Section 1. The General Assembly of North Carolina do 
properti^." ° enoct, That from and after the ratification of this act, it shall 
be lawful for aliens of whatever foreign state or country, to 
take both by purchase and descent or other operation of law, 
any lands, tenements or hereditaments within this state, and 
to hold and convey the same as fully as citizens of this state 



1870-'71.— Chaptee 255—256. 411 , 

can or may do, any law or usage to the contrary notwith- 1 

standing. 

Sec. 2. That all contracts to purchase or sell real estate Prior contracta ' 
by or with aliens, heretofore made, shall be deemed and taken ™ ® 
as valid to all intents and purposes. 

Sec. 3. This act shall be in full force from and after its when act to be in 
ratification. 'ore© , 

Ratified tlie 5th day of April, A. D. 1871. ; 



CHAPTER CCLVI. 

AN ACT IN RELATION TO THE PUBLIC LANDS. 

The General Assembly at the session of one thousand preamble, 
eight hundred and sixty-nine and one thousand eight hundred 
and seventy, having passed an act to incorporate the Plan- 
ters' Railroad Company, ratified tlie first day of March, one 
thousand eight hundred and seventy, by which the president 
and directors of the board of education are authorized to 
have the lands of the board lying in the counties of Onslow 
and Jones, known as White Oak swamp, amounting to 
eighty-five thousand five hundred and twenty acres, laid off 
in sections of six hundred and forty acres, or in smaller sec- 
tions at the option of said board of education, these sections 
to be laid oft' on both sides of the road having its line as 
their base, and that the board of education donated to said 
Planters' Railroad Company the alternate sections of lands, 
being one-half of said lands in consideration of the benefit 
■of said road to the land of the board ; Pt^ovided, That the 
title in fee be retained by them until the said Planters' Rail- 
road Company shall make it appear to the satisfaction of tlie 
said board of education that the said Planters' Railroad has 
been graded from its beginning on the Atlantic and North 
Carolina Railroad throuf^h tlie lands of the board to some 



412 1870-71.— Chapter 256—257. 

point on the navigable waters of New river, when a perfect 

title to it shall be made to said cbuipany thereof. 

Board of Educa- Section 1. The General Assembly of North Carolina do 

to Planters' Rail- cnact, That it is the duty of the said board of education to 

ompany. comply with the provisions of said act and enter into writing 

agreeing, to the effect that when the said Planters' Railroad 

Company shall have organized according to the provisions 

of said act of incorporation and shall have graded their said 

road from its beginning on the Atlantic and North Carolina 

Railroad through the lands of the board to some point on 

the navigable waters of New river, that the said board of 

education will execute and deliver a title in fee simple for 

the said alternate sections, being one-half of said White Oak 

swamp to the said Planters' Railroad Company. 

When act to be in Sec. 2. That this act shall be in force from and after its 

force. 

ratification. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCLYII. 

AN ACT TO AMEND THE CHARTER OF THE PLANTERS RAIL- 
ROAD COMPANY AND TO CONSOLIDATE THE SAME WITH THE; 
WILMINGTON AND ONSLOW RAILROAD COMPANY. 

Anendmentto SECTION 1. The General Assemlly of North Carolina do- 

ers'^Raiiroad.^"^ ena(?^, That the act to incorporate the Planters Railroad 
company, ratified on the first day of March, one thousand 
eight hundred and seventy, be so amended as to enable the 
said company to begin the construction of said road at its 
terminus on the navigable waters of New river, as designated 
in the said act of incorporation, and thence to construct the 
same on the line which may be located by the stockholders 
of said company towards the county line of Onslow and 
Jones, and to connect said Planters' Railroad with the WiK 
mington and Onslow Railroad. 



18T0-'71.— Chapter 257. 413 

Sec. 2. That the said Planters Kailroad Company and the Consolidation of 
said "Wilmington and Onslow Railroad Company, when the road with wu- 
same shall have been organized according to the provisions ™w^Raiiroad. 
of their respective charters, may and they are hereby au- 
thorized and empowered to be consolidated into one cor- 
poration in the manner and uj-jon the terms hereinafter 
provided. 

Sec. 3. That at the first or an}^ subsequent meeting of the 
stockholders of the said Planters Pailroad Company and 
Wilmington ahd Onslow Railroad Companj-, which may be 
called or held after the ratification of this act, a majority of 
each stock being repi'esented in person or by prox}', each of 
said companies shall decide by a majority vote in favor of or 
against the consolidation and union of the two companies 
aforesaid, and it a majorit}- of the stockholders of the Planters 
Railroad Company and the stockholders of the Wilmington 
and Onslow Railroad Company shall decide in favor of con- 
solidation, it shall be the duty of the directors of said com- 
panies respectively to perfect such consolidation upon such 
terms as may be agreed upon by them. 

Sec. 4. That after the union and consolidation of said Name of consoli. 
companies as aforesaid, the corporation thereby formed shall 
be known by the name and style of the Wilmington and 
Planter's Railway Company. 

Sec. 5. That the said Wilmington and Planter's Railway Corporate powers 
company shall have all the powers, rights, privileges and 
exemptions which are contained and provided for in the acts 
incorporating the said Planter's Railroad Company and the 
Wilmington and Onslow Railroad Company. 

Sec. 6. That upon the acceptance of section one of this 
act by the Planter's Railroad Company, it shall become a 
part of the charter of said company. 

Sec. 7. Nothing in this act shall be construed to prevent Road may be con- 

,1 1'^T•^ • . 1 T->i i ^ -<i •! r^ r structed to Ncw- 

the Wihmngton and Planter s Railway Company from con- ijern. 
gtruction of said road to Newborn or some point on Atlantic 
and North Carolina Railroad as ])rovided in charter of said 
Planter's Railroad Company. 



414 1870-71.— Chaiter 257—258. 

Repealing clause. Sec. 8. All laws and clauses of laws in conflict with this 
WTien act to take *^t are hereby repealed, and. this act shall be in force from 
efifect. ^jjj ^f^j. j^g ratification. 

Katified the 5th day of April, A. D. 1871. 



CHAPTER CCLVIII. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF FRANKLIN 
COUNTY TO ISSUE BONDS. 

Amount and dc- SECTION 1. The Genet'ul Assemhly of North Carolina do 

bond8.**'*^° ^ 0/iac^, That in order to liquidate the liabilities of the county 
of Franklin, the commissioners of said county are hereby 
authorized to issue coupon bonds not exceeding in amount 
the sum of fifleen thousand dollars, in denominations of not 
less than twenty-live dollars, said bonds to bear date the 
first day of August, one thousand eight hundred and seven- 
ty-one, and to bear interest at the rate of six per cent, per 
annum. 

Term, and interest Sec. 2. The said bonds shall run for a term not exceed- 
ing twelve years, the interest thereon to be paid annually. 
The coupons on said bonds after maturity shall be received 
in payment for all county taxes. 

Tax to pay in- ^Ec. 3. In order to meet the interest on said bonds and to 

liquidate the principal of the eame, the said commissioners 
are hereby authorized to levy a tax not exceeding one- 
twelfth of one per cent, on the real and personal property of 
said county, and the sum of twenty-five cents on each and 
every taxable poll in said county. 

Sec. 4. The moneys raised by this tax shall be collected 
by the sheriff or tax collector of said county in the same 
manner, and under the same penalties and regulations as 
other taxes ; and shall be paid by said sherifi'or tax collector 
to the treasurer of said county. The treasurer is hereby 
authorized to pay the interest on said bonds annually as it 



terest. 



1879-'71.— Chapter 258—259 415 

may become due, out of the moneys raised under this bill. 
If there should be any monej's left, after the payment of said 
interest, of the proceeds of the tax provided for in this bill, 
the said treasurer shall devote the same to the liquidation of Liquidation of 
the principal ot said bonds, excluding the unmatured cou- 
pons, which may at the time be attached to said bonds, and 
all other moneys which may accrue to said county not other- 
wise provided for, shall be used to liquidate said bonds, to 
be paid by said treasurer upon presentation of said bonds. 
The said treasurer shall, in the presence of the register ot 
deeds and chairman of the board of commissioners ot said 
county, destroy every such coupon and bond redeemed Destruction of 
according to the provisions of this bill, and shall keep a 
record of the number of every such coupon and bond so 
destroyed. 

Sec. 5. Upon all moneys paid out under the provisions of Commission to 
this bill by the treasurer of said county, the said treasurer 
shall receive a commission of one per cent. 

Sec, 6. This act shall be in force from and after its ratifi- When act to be in 
cation. '°'^«- 

Katified the 5th day of April, A. D. 1871. 



CIIAPTEE CCLIX. 

A>^ ACT TO A:MEND ClIAPTEK ONE HUNDRED AND SIX, OF THE 
PUBLIC LAWS OF NORTH CAROLINA, PASSED AT THE SES- 
SION OF THE GENERAL A6SEMELY OF NORTH CAROLINA, OF 
ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE AND ONE 
THOUSAND EIGHT HUNDRED AND SEVENTY. 

tSECTioN 1. The General Assernhly of North Carolina do siieibv and south 
enact, That the Shelby and South Carolina Railroad Com- may^extend'^ite * 
pany shall have power and are hereby authorized to extend ^^^^' 
their road from the town of Shelby, in the county of Cleave- _ 
land, to some point on the Tennessee or Virginia line, and 



41« 



1870-'71.— CnArxER 259. 



Municipal and 
county subscrip- 
tions. 



Question to be 
submitted to 
voters. 



County subscrip- 
tions — how made. 



shall have power and are hereby authorized to connect their 
road with the Marion and Cranberry Railroad, or the Nor- 
folk and Great "Western Railroad, at snch point as they may 
elect. 

Sec. 2. That it shall be lawful for any incoi'porate city^ 
town or any county, to subscribe for such amount of stock 
in said company as they or either of them may be autho- 
rized to do by the voters ot said city, town or county, in 
manner and form hereinafter provided. 

Sec. 3. That the corpoi-ate authoi'itics of such city or town 
are authorized to make an order requiriui^ the constable of 
such city or town, or any olhccr ot their own body, at such 
times and on such notice as they shall direct, to open a poll 
and take the sense of the voters of sucli city or town quali- 
fied to vote for city or town officers, M'hether tlie corporate 
authorities of such city or town shall subscribe to the stock 
of said company for such sum as the order shall propose,, 
and the officers superintending such election shall make 
return of the number voting for and against subscription to 
the corporate authorities of said city or town, or the presi- 
ding officer thereof; that upon the return of said superin- 
tendent of election, if it shall appear that a majority of votes 
are in favor of the subscription, then the corporate au- 
thorities shall make the subscription for such city or town^ 
the subscription to be paid for in bonds of said city or town,, 
authenticated in such form as the corporate authorities may 
order, said bonds to be of not less than than one hundred 
dollars each, payable at such times and places as said cor- 
porate authorities shall direct, and shall bear interest not ex- 
ceeding eight per cent, annually. 

Sec. 4. That the county commissioners of au}^ county are 
authorized to make an order requiring the sheriff of their 
county, at such time and on such notice as they shall direct,, 
to open a poll and take the sense of the voters of such 
county qualified to vote for members of the general as- 
sembly, whether the said commissioners shall subscribe to 
the stock of said company for such sum as the order shall pro- 
pose ; snch election shall be conducted for and against sub- 



1870-'71.— Chapter 259—260. -^It 

scription, in such manner and form as the commissioners 
may order, and the sheriff shall make return ot the number 
vot'ing for and against it to the said commissioners ; that 
upon the return ol such sheriff, if it shall appear that a ma- 
jority of the votes cast are in favor of the subscription, then 
the said county commissioners shall make the subscription 
in behalf of said county, the subscription to be paid in bonds 
of said county, authenticated in such manner and form as 
the commissioners may order ; said bonds shall be payable 
at such times and places and shall bear such rate of interest, 
not exceeding eight per cent., as the said county commis- 
sioners shall direct. 

Sec. 5. That all subscriptions of stock to the said company fj^^^^'''^^'];^^^^^^^^ 
heretofore niade by any incorporated town, city, or any 
coimty, and ratified by a majority of qualified voters therein, 
are hereby declared valid, and the bonds which shall l>e 
issued in payment of such subscription, authenticated in 
such manner and form, and payable at such times and places 
as the corporate authorities of such city or town, or county 
commissioners may direct, are hereby declared valid to all 
intents and purposes. 

Sec. 6. This act shall be in force from and after its ratifi- When act to be in 

force, 
cation. 

Ratified the 5th day of April, A. D. 1871. 



CIIAPTEIl CCLX. 

AN ACT TO EXTEND AN ACT TO EMPOWER THE COMMISSIONERS 
OF CUMBERLAND COUNTY TO LEVY A SPECIAL TAX. 

Section 1. Tlie General Assembly of North Ca/t^olina do ^^toTalurFcfb-^ 
enaotj That an act entitled an act to empower the comniis- ruary, 187(X 
sioners of Cumberland county to levy a special tax, ratified 



418 1870-'71.— Chapter 260—261—262. 

the twenty-fourth day of February, anno doraini one thou- 
sand eight hundred and seventy, be and the same is hereby 
re-enacted and continued in force for one year. 

When act to oe in Sec. 2. This act shall be in force from and after its ratifi- 
lorce. 

cation. 

Eatified the 5th day of April, A. D. 1871. 



CHAPTER CCLXI. 

AN ACT TO ALLOW THE COUNTY COMMISSIONERS OF COLUMBUS 
COUNTY TO LEVY A SPECIAL TAX. 

Amount and ob- SECTION 1. The Gener'ol AssemUi/ of North Carolina do 

.lect of special tax ••./-. i i 

enact^ That the county commissioners ot Columbus county, 

are hereby authorized to levy and collect a special tax in the 
same manner as other taxes are levied and collected, not to 
exceed five thousand dollars, for the purpose of paying off* 
the county indebtedness ; Provided^ That in levying said 
tax the constitutional equation between the poll and pro- 
perty shall be observed. 
When act to be in Sec. 5. That this act shall be in force from and after its 

force. .•£> t.' 

ratification. 

Ratified the 5th day of April, A. D. 1871. 



CHAPTER CCLXII. 

AN ACT TO REMOVE 0B8TRCTI0NS IN THE PEDEE, YADKIN AND 
WHARIE RIVERS FOR THE PURPOSE OF ALLOWING SHAD AND 
OTHER FISH FREE PASSAGE UP SAID RIVERS. 

River to be cleared SECTION 1. The General Ass€7)ibly of Noi'th Carolina do 
enact, That one hundred feet in the main channel of the 
river Pedee from the South Carolina line to the mouth of 



1870-'71.— Chapter 262. 411* 

the Wharie river in the county of Montgomer}^ shall be 
cleared and kept clear of all and every obstruction that may 
hinder, cause or deter shad or other fish froni passing up 
Baid river. 

Sec. 2. That seventy-five feet in the main channel of the Yadkin river, 
river Yadkin from the mouth of the Wharie river up to the 
North Carolina Railroad bridge, in Eowan county, and fifty 
feet from there to Wilkesboro' shall be cleared and kept 
clear of all and every obstruction that may hinder, cause or 
deter shad or other fish from passing up said river. 

Sec. 3. That fifteen feet in the main channel of the river Wharie river. 

"Wharie, from its mouth or confluence with the Pedee and 

Yadkin river, in the county of Montgomery, as far up as A. 

H. Saunder's mills in said county, shall be cleared and kept 

clear of all obstructions of any kind that may hinder, cause 

or deter shad or other fish from passing up said river. 

Sec. 4. That the county commissionei*s of the different Obstructions to 

. . ^ , be removed, 

counties through which the said rivers Pedee, Yadkin and 

Wharie do run or pass, shall proceed as soon as practicable 
after the ratification of this act, to employ a sufiicieut num- 
ber of men, not to exceed five in each county, to remove all 
obstructions and mark out the main channel of said rivers in 
accordance with sections one, two and three of this act. 

Sec. 5. That the county commissioners of the several coun- Pay of laborers. 
ties through which the said rivers run, shall pay unto the 
persons employed to clear out said obstructions a sum not to 
exceed one dollar and fifty cents per day, to be paid out of 
the county treasury. 

Sec. 6. That if any person or persons shall hinder or delay Penalty forTdc- 
the said commissioners in their duty, or the men employed In^'tbe^carryhig^ 
by them in clearing out said obstructions, or shall put or ^^^ °* ^^'^ ^^^ 
place or cause to be placed any obstruction in said channels 
mentioned in this act, they shall be deemed guilty of a mis- 
demeanor, and on conviction thereof, shall be fined not less 
than one hundred nor more than five hundred dollars, or 
imprisoned in the county jail not more than three months 
or both at the discretion of the court before which theyjshall 
be tried, and that the s iperior court of any county in this 



420 18T0-'71.— Chapter 262—263. 

state in which said misdemeanor is committed, shall be a 
proper court for such trial and the fine so levied and collected 
shall go one-half to the iniormer and the other half to the 
county in which conviction is had. ' 

^lepeaiing clause. Sec. 7. That all acts and laws or parts of laws coming in i 
conflict with this act are hereby repealed. ; 

When act to be in Sec. 8. That this act shall take efiect from and after | 

force. .,,.,.,. ■^1 

its ratiiication. ' 

Ratified the 5th day of April, A. D. 1871. ^ 

J 



t 

a 

CHAPTEK CCLXIII. ^ 

i 

AN ACT TO LEVY A SPECIAL TAX FOR THE COUNTY OF BEArFORT. 

I 

■d 

Amount and ob- Section 1. TTw General Assembly of North Carolina do ' 

jLC specia a.\. ^^^^^^^^ That the commissioners of the county of Beaufort be ' 

and they are hereby authorized to levy a special tax not to ' 

exceed the sum of seven thousand dollars, for the purpose 1 

of paymg the indebtedness of said county already incurred. I 

Constitutional Sec. 2. In the levying of said tax the equation provided ^ 

proMMou. 1^^ ^l^g constitution m relation to property and capitation ^, 

tax shall be observed and adhered to. " 

When act to be in Sec. 3. This act shall be in force from and after its rati- "- 

^'''''- fication. i 

Ratified the 5th day of April, A. D. 1871. '} 

\ 

\ 



1870-71. — Chapter 264. 421 



CHAPTER CCLXIV. 

AX ACT TO CHARTER THE NEWBERiST AND WASHINGTON RAIL- 
ROAD COMPA-NY. 

Section 1. The General Assembly of North Carolina do Corporators. 
enact, That fur the purpose of establishing a communication 
by raih'oad from the city of Kewbern, in the county of 
Craven, to the town of Washington, in Beaufort county, 
that Edward R. Stanly, Richard T. Berry, George Allen, 
Thomas S. Howard, E. J. Warren, R. S. Burbank, George 
H. Brown, Wm. E. Demill, R. S. Myers, and Thomas Spar- 
row, R. E. Lehman, Edward H. Hill, Edward A. Richard- 
son, George W. Nason, Jr., their associates, successors and 
assigns, are hereby constituted a body politic and corporate, 
under the name of the Newbern and Washington Railroad Corporate name. 
Company, and such company, when formed as hereafter 
directed shall have power to receive, possess, own and trans- Powers and privi- 
fer real and personal property, to have a common seal, and ^^'^^' 
to pass such by-laws not inconsistent with the laws of tliis 
state, as may be necessary to carry out the object of the cor- 
poration, shall be capable in law of suing and being sued, 
pleading and being impleaded, and shall have and enjoy all 
the rights x^f other corporate bodies, under the laws of this 
state, to have land condemned for the right of way, accord- 
ing to existing laws, and for all other purposes necessary to 
carry into effect the purposes of said company, and shall 
generally have and possess all the rights, privileges and im- 
munities, and be subject to the limitations and restrictions 
of corporate bodies in this state, and shall have the exclusive 
right to transfer and carry persons, produce, merchandize 
and minerals in and along such railroad at such prices as 
they may tix. 

Sec. 2. That the said capital stock of said company shall cap.tai stock. 
be fifteen hundred thousand dollars, with the power to 
increase it to two millions, to be divided into shares of one Shares. 



422 



1870-'71.— Chapter 264. 



Gommissioners to 
open subscription 
books. 



First meeting of 
fitockholders. 



Election of Presi- 
dent and Direc- 
to:s. 



Manner of paying 
for stock. 



hundred dollars eacli, to be called and known as the New- 
bern and Washington Railroad Company. 

Sec. 3. That for the purpose of creating the capital stock 
of such company, Edward R. Stanley, Geo. Allen, Richard T. 
Berry, Thomas S. Howard, R. F. Lehman, in Craven county, 
and E. J. Warren, Thomas Sparrow, R. S. Burbank, Wm. 
E. Demill, in Beaufort county, are hereby appointed commis- 
sioners, whose duty it shall be as soon after the passage of this 
act as may be, to appoint such commissioners to open books 
of subscription at such places and at such times as to them 
shall seem best, and under such rules and regulations as 
they may prescribe, such subscription, or any part thereof, 
may be received, payable in money, lands, labor or material 
necessary in the construction of said road, bonds, stocks or 
other valuable credits, in such manner and on such terms as 
shall be agreed on between said company or its commis- 
sioners or agents and such subscribers. 

Sec. 4. That whenever the sum of one hundred thousand 
dollars shall have been subscribed to the capital stock of said 
company by solvent subscribers, it shall be the duty of the 
commissioners aforesaid to call a general meeting of the 
stockholders, after giving notice as to them shall seem suf- 
ficient, and at such times and places as they shall determine, 
and at all general meetings of said stockholders not less than 
a majority of all the stock subscribed, shall constitute a quo- 
rum for the transaction of business, .and sa'd stockholders 
when so met in general meeting, shall have power and it 
shall be their duty to elect a president and five directors tor 
said company ; and in electing such president and directors, 
and in enacting such laws as may be necessary, each share of 
stock represented in person or by proxy shall be entitled to 
one vote ; Provided, If a majority of such stockholders 
shall not attend said first general meeting, such as do attend 
and are present, may adjourn from time to time until a ma- 
jority shall appear. 

Sec. 5. That it shall be the duty of said stockholders at 
their first general meeting to prescribe the manner and time 
in which payments of stock on the subscription books shall 



1870-'71.— Chapter 264. 423 

be made ; Provuled^ Not mure than one-half of said sub- 
scription shall be called for in one year alter sai^l lirst gen- 
eral meeting. 

Sec. 6. That it shall \^Q the duty of the pi-esident and Tieiv^urer. 
directors of siiid company to appoint a treasurer, who shall 
remain in office such length of time as the company in their 
by-laws shall determine, and said })resident and directors 
shall remain in office for one year and until others are Term'? of office, 
chosen, and shall have a general direction and management 
of the affairs ot said company, and shall appoint some suita- 
ble person as engineer, whose duty it shall be to make the 
necessai-y surveys for the location of said railroad, and fur- survey of road, 
nish the president and directors with tuch survey or 
surveys and estimates of the cost. Said directors shall have 
power to till any vacancy that may occur in their board, and 
in the absence of the president elecc one lor the time; they 
shall also appoint a secretary, whose duty it shall be to keep 
a fair and correct record of the proceedings of said board and 
of all the proceedings of the stockholders in general meet- 
ings in a book to be provided for that purpose. 

Sec. 7. That the preeident or board ot dii-ectors shall at Auuuai report. 
least once a year make a full report on the state of the com- 
pany and its affairs to a general meeting ot the stockholders, 
and oftner if required by any by-laws of the company, and 
also call a general meetincj ot the stockholders whenever 
they may deem it expedient, and the company may provide 
in their by-laws for occasional meetings being called, and 
prescribe the mode thereof. 

Sec. 8. That all persons, the commissioners of any euimty, County or mimki- 
or the authorities of any corporation, shall have full power ^^ sujbcnp 
and authority to subscribe to the capital stock of said com- 
pany to the amount they shall be authorized to do by the 
inhabitants of said county or incorporated town, or the 
proper authorities of any corporation to the amount they 
shall be authorized to do by the inhabitants of eaid county 
cr town, and they may issue bonds or other evidence of* 
debts to enable them to borrow money to pay snch subscrip- 
tion, the said subscription to Ix; made by any agent or agents 
25 



424 



18T0-'71.— Chapter 264—265. 



Commencement 
of construction. 



Eight to lease 
fraiKcliise. 



When act to be in 
forces 



of such county, town or corporation properly author ized by 
them to make the same, when so made shall be binding on 
such county, company or corporate body in the same manner 
and to the same extent that it is on the individual subscri- 
bers, and such body corporate, or company or county shall 
be represented in all general meetings of the stockholders. 

Sec. 9. That the said company may begin the construc- 
tion ot said road, at an}' point on the line of location accord- 
ing to their discretion, and that for any portion of said road 
actually constructed, the said company shall be entitled to 
all the privileges of this act into and ovei' such part so con- 
structed. 

Sec. 10. For the purpose of securing the building of said 
road, the company shall have the power to mortgage, sell or 
lease the same with all its franchises, or any part thereof. 

Sec. 11. That this act shall be in force from and after its 
raification. 

Katified the 5th day of April, A. D. 1871. 



CHAPTER CCLXV 



AN ACT TO INCOEPORATE THE OXFORD AND HILLSBORO RAIL- 
ROAD COMPANY. 



Capital stock. 



Shares. 



Corporate name. 



Section 1. The Oeneral Assembly of North Carolina do 
enact^ That a company is authorized to be formed with a 
capital stock of one million dollars, to be divided into shares 
of one hundred dollars each, to be called and known as the 
Hillsboro' and Oxford Railroad Company, for the purpose 
of building and constructing a railroad with one or more 
tracks, to be used with steam or other motive power, from 
some point on the !North Carolina Central Railroad, within 
Location of road* one mile of the depot at Hillsboro', in the county of Orange, 
via Mangum's Store, in Orange county, Knapp O'Reeds 
and Tally Ho, in Granville county, to the town of Oxford, 



1870-71.— Chaptek 265. 425 



in Granville county, or by any other route more practicable, 1 

to be ascertained by actual survey, between the aforesaid 
points ; Hillsboro', in Orange county, and Oxford, in Gran- 
ville, being the termini of said railroad, and such company, 
"when formed as hereinafter directed, shall have power to Corporate powers. 1 
receive papers, own and transfer real and personal property j 

and estate, to have a common seal, and to pass such by-laws J 

not inconsistent with the laws of this state as may be neces- ; 

vsary to carry out the objects of the corporation ; they shall ; 

be capable in law of suing and being sued, pleading and \ 

being impleaded, and shall have and enjoy all the rights of ^ 

other corporate bodies under the laws of this state ; to have • 

land condemned for right of way according to existing laws, ; 

and for all other purposes necessary to carry into effect the 
purposes of said company, and shall generally have and pos- 
sess all the rights, privileges and immunities, and be subject 
to the limitations and restrictions of corporate bodies in this i 

state, and shall have the exclusive right to transfer and carry j 

persons, produce, merchandize and minerals on and along j 

«uch railroad at such prices as they may fix. ; 

Sec. 2. That for the purpose of creating the capital stock Commissioner to 
of such company, John U. Kirkland, Thomas B. Hill, P. B. tious. 
Rnfhn, Frederick Nash, James Webb, Jr., C. E. Parish, 

John W. Laws, Pogue, William Faucett, Dr. John 

Berry, Dr. James F. Cain, William Lipscomb, Walker 
Latta, Eobert Webb, Addison Mangum, John B. Leathers, 
William Parish, George W. Jones, Joseph Woods, James 
S. Amis, T. Brown Venable, John W. Hays, and Willis 
Jenkins, or any three of tliem, are hereby appointed com- 
missioners, whose duty it shall be, as soon after the passage 
•of this act as may be, to appoint such commissioners to open 
books of subscription at such places and at such times as to 
them shall seem best, and under such rules and regulations 
AS they may prescribe; such subscription or any part thereof 
may be received payalJe in money, lands, labor or material 
necessary to the construction of said road, bonds, stock or 
other valuable credits, in such manner and on such tenna as 



receive subscrip- 



426 



18T0-'71.— Chapter 265. 



Meeting of stock- 
holders. 



shall be agreed between said company or its coinmiiseionerK 
or agents and such subscribers. 

Sec. 3. Tliat whenever the sum of twenty-live thousand 
dollars shall have been subscribed to the capital stock of 
said company, it shall be the duty of the commissioners 
aforesaid, anj three of whom may act, to call a general meet- 
ing of the stockholders, after giving such notice as to them 
shall seem sufficient and at such timos and places as tliey 
shall determine, and at all general meetings of said st#ck- 
holdere not less than a majority of all the stock subscribed, 
shall constitute a quorum for the transaction of business, and 
said stockholders when so met in general meeting, shall have 
President and Di- power, and it shall be their duty to electa president and five 

TGCtors 

directors for said company ; and in electing such president 
and directoi-s and in enacting such laws as may be necessary, 
each share of stock represented in person or by )»roxy ehall 
be entitled to one vote ; Provided, If a majority of such 
stockholders shall not attend said first general meeting, such 
as do attend and are present may adjourn from time to time 
until a majority shall appear in person or by prox}*. 

Sec. 4. That it shall be the duty of said stockholdei-s at 
their first general meeting to prescribe the manner and 
terms in which payments of stock on the subscription books 
shall l)e made. 

Sec. 5 That it shall be the duty of the president and 
directors of said company to appoint a treasurer who shall 
remain in office such a length of time as the company in 
their by-laws shall determine, and said president and directors 
shall remain in office one year and until their successors aije 
chosen and qualified, and shall have a general sontrol atwj 
direction of the affairs of said company, and shall appoint 
some suitable person a chief engmeer, whose duty it shall be 
to make the necessary surveys for the location of said rail- 
road, and furnish the president and directors with such survey 
or surveys and estimate of the cost. Said directors shall 
have power to fill any vacancy that may occur in their 
board, and in the absence of the president elect one for the 
time. They shall also appoint a sccretai-y whose duty it 



Treasurer 



Engineer. 
Survey of road 



Vacancies. 



Secretary. 



1870-71.— Chapter 2G5. 427 

shall be to keep a tair and correct record of the proceedings 
ot said board and of all the proceedings of the stockholders 
in general meetings in a book to be provided for that pur- 
pose. 

Sec. 6. That the president or board ot directors shall at least Annual report. 
once a year, make a full report on the state of the company 
and its affairs to a general meeting of the stockholders, and 
oftener if required by any by-laws of the company, and also, 
call a general meeting of the stockholders whenever they 
may deem it expedient, and the company may provide in 
their by-laws for occasional meetings being called and pro- 
scribe tl*e mode thereof. 

Sec. 7. That all persons, tlie commissioners of any county County or corpo- 
, , . . , . 1 11 1 p 11 rate subscriptions 

or tlie authorities ot any corporation sliali have lull power 

and authority to subscribe to the capital stock of said com- 
pany to tlie amount they shall be autliorized to do by the 
inhabitants ot said county or incorporated town, or the 
proper authorities of any corporation to the amount they 
shall be anthorized to do by the inhabitants of said county 
or town, and they may issue bonds or other evidences of 
debt to enable them to borrow money to pay such subscrip- 
tion. The said subscription to be made by any agent or 
agents of such county, town or corporation properly autho- 
rized by them to make the same ; when so made shall be 
binding on such count}', company or corporate bod}' in the 
same manner and to the same extent that it is on the indi- 
vidual subscribers, and such body corporate or company or 
county shall be represented in all general meetings of the 
stockholders. 

Sec. 8. That if the capital stock of said company autho- Increase of capi- 
rized by this charter be insuthcient to carry out the pur- 
\x)Bes of the same, it may be increased by said company to 
fifteen hundred thousand dollars. 

Skc. 9. That said company mav begin the construction of Commoncoment 
J . it"/.! • T ^^ construction. 

snia road at any point on the line ot location according to 

their discretion, and that for any portion of said road ac- 

. tually constructed, the said company shall be entitled to all 



428 1870-'71.— Chaptee 265—266. 

the privileges of this act into an,d over such part so con-- 
strncted. 
Power to mort- Sec. 10. For the purpose of securins: the building of said 

gage franchise. j i i n i i 

road, the company shall have power to mortgage, sell or 

lease the same with all its franchises or any part thereof. 

When act to be in Sec. 11. That this act shall be in force from and after its- 
force. 

ratification. 

Eatified the 5th day of April, A. D. 1871. 
CHAPTEE CCLXYL 

AN ACT TO AUTHORIZE S. A. KELLY, 8HEKIFF OF DAVIE 
COUNTY, TO COLLECT ARKEAES OF TAXES. 

Ses^for"^ and SECTION 1. The General AssemUy of North Carolina do 
1869. enact, That S. A. Kelly, sheriJff of Davie county, is luereby 

authorized and empowered to collect arrears of taxes in said 
county for the years one thousand eight hundred and sixty- 
eight and one thousand eight hundred and sixty-nine, but 
the power given under this act shall expire w'ithin twelve 
months after its ratification. 

Sec. 2. That no person shall be compelled to pay any 
such arrears of tax who will make oath that the same has 
been paid, nor shall the representatives of estates of deceased 
persons be compelled to pay such arrears. 

men act to take Sec. 3. That this act shall take effect from the date of its, 
effect. 

ratification. 

Eatified the 6th day of April, A. D. 1871. : 



187(>-'71. -Chaptek 267—268. ^ 



CHAPTER CCLXYII. 

AN ACT TO PREVENT TUE OBSTRUCTION OF NEWPORT RIVER 
IN CARTERET COUNTY. 

Section 1. The General Assemhly of Worth Ccrolina do Penalty for ob- 
enact, That if auy person or persons shall obstruct the free port^rlver. ^^' 
navigation of Xewport river in the county of Carteret, at 
any point from the mouth of said river to tlie head of tide 
water, by cutting trees, sinking logs, or in any manner in- 
jure the navigation of said river, they shall be guilty of a 
misdemeanor, and upon conviction thereof before any justice 
of the peace for said county, shall be imprisoned not less 
than thirty nor more than sixty days, and fined not less 
than fifty nor more than one hundred dollars; Provided^ 
That bridges for public or private convenience shall not be 
considered obstructions within the purview of this act. 

Sec. 2. That said fine shall be distributed as follows : one- Disposition of 

half to go to the county for the benefit of the common °^' 

schools and the other half to be paid to the informer. 

Sec. 3. This act shall be in force from and after its ratifi- When act to ije 
. . in force, 

cation. 



Ratified the 6tli day of April, A. D. 1871. 



CHAPTER CCLXIII. 

AN ACT TO AMEND SECTION FOURTEEN, OF CHAPTER NINETY- 
THREE, OF THE LAWS OF ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
NINE, RELATIVE TO WIDOWs' YEARs' SUPPORT. 

Section 1. The General Assemhly of North Carolina do Amendment. 
enact^ That section fourteen (14) of chapter ninety-three 
(03) of the la\w6 of one thousand eight hundred and ^ixty- 



430 



1870-'T1.— CnAi>TEK 268- 269. 



e'ght and one thousand eight hundred and sixty-nine, be 
amended so as to read as follows : upon the application of 
the widow, the personal representative of the deceased shall 
apply to a justice of the peace of the township in which the 
deceased resided, or of some adjoining township, to summon 
two persons qualified to act as jurors, who having been 
sworn by the justice to act impartially, shall, with hira, 
ascertain the number of the family of the deceased according 
to the definition given in section eleven (11) of this act, and 
examine his stock, crop and provision on hand, and assign 
to the widow so much thereof as will not exceed the value 
limited in section ten (10) of this act, subject to the deduc- 
Proviso, tien pregcril;)ed in section twelve (12) of this act; Provided, 

hxno&ver^ That in case there shall be no administration upon 
said estate, the widow herself may make the application, and 
it shall be the duty of the justice to proceed in the same 
manner as though the application had been made by the 
administrator; Provided^ further^ That in all cases, if there 
be no crop, stock or provision on hand, or not a sufScient 
amount, the commissioners may allot to the widow any 
articles of personal property of the intestate, and also any 
debt or debts known to be due such intestate, and such allot- 
Hient shall vest in the widow the right to collect the debts 
thus allotted. 

Katified the Gth day of April, A. D. 1871. 



CHAPTER CCLXIX. 

Ajy ACT TO MAKE DEEP RIVER A LAWFUL FENCE TO A CERTAIN 
EXTENT IN RANDOLPH COUNTY. 



Deep rirer a law- 
ful fence. 



Section 1. The General Assemhly of North Carolina do 
enact, That Deep river shall be a lawful fence from Columbia 
factory, in Randolph county, to the Moore county line ; Pro- 



1 S 70-71.— Chapi-ek 269—270. 431 

mded, That all persons or parties taking the benefit of this 

act shall connect their fences with said river. 

Sec. 2. Tliis act shall t<ike etfect from and after its rati- When act to take 

effect, 
ncation. 

Eatiiied the 6th day of April, A. D. 1871. 



CHAPTER CCLXX. 

AN ACT TO TRANSFER FROM THE NORTH CAROLINA RAILROAD 
COMPANY TO THE ATLANTIC AND NORTH CAROLINA RAIL- 
ROAD COMPANY, AND TO CONSOLIDATE THAT PORTION OF 
NORTH CAROLINA RAILROAD BETWEEN GOLDSBORo' AND 
KALEIGH WITH THE ATLANTIC AND NORTH CAROLINA RAIL- 
ROAD. 

Section 1. TJie General Assemhly of North Carolina do stockholders of 
enact^ That it shall be lawful for the stockliolders of the Raih-oad may 
I'J'orth Carolina Railroad Company, at any meeting held 
within ten months after tlie passage of this act, according to 
the charter and by-laws thereof, to transfer to the Atlantic 
and North Carolina Railroad Company all that portion of 
the Korth Carolina Railroad between Goldsboro' and the 
passenger depot at Raleigh, with all the rights, franchises and 
privileges owned and possessed by the said road therein. 

Sec. 2. That at any meeting so' held, the proposition shall Projxisition to be 

, 1 i" 1 J • 1 AT X r^ eubinitted to pri-' 

be submitted to the private stockholders ot said JNortii Car- vat*;stockhoidei6. 
olina Railroad Company, that the said North Carolina Rail 
road Company transfer to the Atlantic and North Carolina 
Railroad Company all that portion ol the Noi'th Carolina 
Railroad lying between Goldsboro', and Rakigli, and 
As> an equivalent therefor, the Atlantic and North Caro- 
lina Railroad Company shall admit the Noith Carolina liail- {;^^^|^i!'" °^ 
road Company as a stockholder to tJie amount of six hun- 
dred and fifty thousand dollars, and be entitled to vote 
therein, in the pro]:»ortion of the stuck owned in the Atlantic 



432 1870-71.--CH AFTER 270. 

and JS'orth Carolina Railroad Company ; and said vote 
shall be fby proxy elected by the North Carolina Eail- 
road Company at its annual meetings. This transfer to go. 
into effect upon the acceptance of the proposition contained 
in section three by the Atlantic and North Carolina Rail- 
road Company and the transfer indicated in section one. <t 

Rates of ft-eight Sec. 3. That the tariff ot rates for carryino^ freights or 
and fare. . , -^ , . , 

passengers on that portion ot the said road between Raleigh 
and Goldsboro', shall be the same whether the said freight 
or passengers are destined to or from Newbern or More- 
head City and way stations on the Atlantic and North Caro- 
lina Railroad, or to or from Wilmington or any way station' 
on the Wilmington and Weldon Railroads, and equal facili- 
ties shall be furnished both said roads in the transfers of 
freight or in furnishing and transferring through cars. 

Officers of North Sec. 4. That if the private stockholders t)f the North Car- 
Carolina Railroad t t-, -i i i i i i • /• • ^ 
may lease portion olina Railroad shouid not at tlieir nrst meeting hereaitery'^: 

accept and consent to the consolidation and transfer herein 

provided for, or for any other cause the same be not carried 

into effect within six months from the ratification hereof,. 

the proper officers of the North Carolina Railroad Company 

are hereby authorized and empowered to lease to the highest 

bidder, under such regulations as they may prescribe, that 

portion of their road between Goldsboro' and Raleigh, for 

a term of years, not less than five nor more than twenty, and 

at a price not less than twenty thousand dollars jyer annurriy 

or not less than a sum ten per cent, greater than the present 

net profits of that portion ol the road as near as the same 

may be ascertained, whichever may be most advantageous ta 

the North Carolina Railroad Company. 

Question to be Sbc. 5. That afi soou as practicable after the passage of 

8U imitted to _ '^ ... 

siockhoiders of ^ this act and the acceptance ot the foregoing proposition by 
Railroad. ' the pri\"ate stockholders of the Nofth Carolina Railroad 
Company, a meeting aliaJl be called of the stockholders of 
the Atlantic and North Carolina Railroad Company, to con- 
sider the transfer herein provided for, at which meeting this 
question shall be submitted to the private stockholders. 
That the North Carolina Railroad Company shall be ad- 



18T0-'T1.— Chapter 270—271. ^^35 

mitted as a ^ockholder to tbe amount of eix liui>dfed and 
fifty thousand dollars of stock and be entitled to vote therein 
in the proportion of the stock owned in the Atlantic and 
North Carolina Railroad Company, and as an equivalent 
therefor, the North Carolina Railroad Company shall make 
the transfer to the said Atlantic and North Carolina Rail- 
road Company ot that portion of said North Carolina Rail- 
road between Goldsboro' and Raleigh. 

Sec. 6. That portion of the North Carolina Railroad lying f^;^]^^';.;^^^ ^^^t?" 

between Goldsboro' and Raleigh thus transferred to the iectto piedgeBof 

" , . North (Jarolina 

Atlantic and North Carolina Railroad Company, taken in road, 
pursuance of this act, shairbe subject to the same pledges 
and bound in the same manner to the holders of the bonds 
of the state issued for building the North Carolina Railroad 
as the stock in said company is now bound. 

Sec. 7. Upon the acceptance of this act as provided in Immediate trans- 
section two, and section three, the North Carolina Railroad 
Company shall immediately make the transfer provided for 
in section one. 

Sec. 8. This act shall take effect from its ratification for When act to taka- 
the purposes indicated, but shall be of no binding force 
against the state until accepted by the private stockholdera 
of the corporations herein mentioned. 

Ratified the 6th day of April, A. D. 1871. 



CHAPTER CCLXXI. 

AH Ad TO ALLOW THE REGISTRATION OF DEEDS UPON CERTAIN 

PROOFS. 

Section 1. The General Assembly of Nm^ih Carolina do RcgiBtration of 
enact. That wlienever the subscribing witness to any instal- Jj'ia^proof" ^^^ 
ment required or allowed to be registered, shall be a non 
resident, or shall be dead, and the maker shall also be a non- 
resident or dead, the proof of the liandwriting of such wit- 



434 



1870-'7L— Chapter 271—272. 



When act to be in 
force. 



uess and that of the maker before the judge of probate of 
the eonuty where the iustrninent is souglit to be registered, 
shall be sufficient evidence of the execution thereof to admit 
the same to registration, and in case such maker sliall have 
subscribed with a mark onl)', the proof of the signature of 
such witness shall be sufficient. 

Sec. 2. Whenever any such instrument shall not have a 
witness and the maker thereof shall be a non-resident or 
dead, proof of his handwriting shall be sufficient to admit 
the same to registration. 

Sec. 3. That this act shall be in force from its ratification. 

Eatified the 6th day of April, A. D. 1871. 



CHAPTER CCLXXII. 

AN ACT TO mCORPOEATE TUE WALNUT MOUNTAIN TURNPIKE 

COMPANY. 



Corporators. 



Section 1. The General Assembly of North Carolina do 
enact, That B. B. Whitington, S. Anderson, E. B. Hol- 
combe, W. J. Norton, Charles McPeters, J. B. Calahan, J. 
G. Anderson, J. A. Lewis, W. C. Lewis, James Ramsay, J. 
S. McElroy, and W. B. Murray, and B. W. Cox, be and they 
are hereby authorized and empowered to construct a turn- 
Corporate name, pike road to be known as tiie Walnut Mountain Turnpike 
as nearly as may be expedient upon the road now leading 
Location of Turn- from the dividing ridge at the Tennessee line, connecting at 
^ ^' that point with the new turnpike going from Jonesboro', 

Tenncasee, to the North Carolina line, and terminating at 
Kelsey's store. 
Coramissiouers to Sec. 2. That when the said B. B. Whitington, P. Ander- 
son, E. B. Ilolcombe, W. J. Norton, Charles McPeters, J. B. 
Callahan, J. G. Anderson, J. A. Lewis, W. C. Lewis, James 
Ramsay, J. S. McElroy, W. C. Murray and B. W. Cox, 
their associates, successors or assigns sliall have completed 



view load. 



ISTO-'TL— CirATTKK 272. 



435- 



tlieir constfuc'tioii of &aid road, it shall be viewed by Samnel 
Edwards, Joiin Kainsay and Burnet l^y, commissiowers, or 
ft majority ot tliem sha'l give to the said persons, consti- 
tuting the Walnut Turnpike Company, as aforesaid, their 
associates, succesbors or assigns, a certitieate under their 
liands, that said road is well constructed on a grade to be 
determined u]ion by the commissionei^ hereafter appointed 
in tliis act or a majc^rity of them, and that it is in as good 
condition as it can reasonably be made, they, the said parties 
constituting the Walnut Mountain Turnpike Company, their 
associates, successors or assigns shall have y>ower to erect a 
gate on any point of said road, and to c*ollect such tolls as 
tJiey, the aforesaid Turnpike Companj, may tix for passage 
over said road, not to exceed the following rates, viz : 



For 


' hogs or cattle, e<ich, 


2. 


cents. 


Rates of toll 


a 


loose horses. 


3 






u 


single horsemen, 


10 






(( 


one liorse wagon, 


25 






(( 


two horse wagon, 


50 








tliree horse wagon, 
tour or six horse wagon. 


75 
$1.00 






(( 


one-horse buggy, 


50 cents. 




a 


one-horse carriage, 


75 


a 





Provided^ That the said turnpike com]\any, their aseo- Proviso^ 
ciates, successors or assigns shall, at all times, keep said road 
in good condition ; ,4 ?;*'/, ^>>roy?V7<:Y7y^?/;'^//tv, That no toll shall 
be collected on said road fi-om any person passing on said 
road to any chui-ch or public mill within five miles of the 
same, nor shall any person residing within five miles of the 
same lie charged more than one-half the tolls fixed. 

Sec. 3. That the said turnpike company, their associates Term of clmrtcred 
or assigns, shall have the powers and authorities herein ^ ^^ 
granted for the term of twenty-five years, and shall lie sub- 
ject to in<lictment and liable to all the jiains and penalties 
for failing or neglecting to kec}) said road in ])roper repair 



436 



1870-71.— Chapter 272—273. 



When act to be Ln 
force. 



and condition, as is aflSxed by law to such failure and neglect 
on the part of said company in relation to said road. 

Sec. 4. That this act shall be in force from and after its 
ratification. 

Katified the 6th day of April, A. D. 1871. 



CHAPTER CCLXXIII. 

AN ACT TO INCOEPOKATE THE CAKTHAGE AND RANDOLPH KAIL- ; 
EOAD COMPANY. 1 



Shares. 



Corporate name. 



tJapitai stock. SECTION 1. Tlie Genei'ol Assemlly of North Carolina db 

enact, That a company is authorized to be formed with a 
capital stock of five hundred thousand dollars, to be divided 
into shares of fifty dollars each, to be called and known sm 
the Carthage Randolph Railroad Company, for the pur- 
pose of building and constructing a railroad with one or 
more tracks, to be used with steam or other motive power, 

Location of road, from some point near the town of Carthage, in the county of 
Moore, through said county and the county of Randolph to 
some point near Franklinsville or Ashboro', the most prac- 
ticable route, and such company, when formed as hereafter 
directed, shall have power to receive, possess, own, donate, 
purchase or otherwise, and transfer real and personal pro- 
perty, to have a common seal, and to pass such by-laws, not 
inconsistent with the laws of this state as may be necessary 
to carry out the objects of the corporation, shall be capable 
in law of suing and being sued, pleading and being impleaded, 
and shall have and enjoy all the rights of other corporate 
bodies under the laws of this state, to condemn land for right 
of way, and all other purposes necessary to carry into efiect 
the purposes of said company, and shall generally have and 
possess all the rights and privileges and immunities usually 
granted to corporate bodies in this state, and shall have the 
exclusive right to transfer and carry persons, produce, mer- 



Rights and privi- 
leges. 



1870-.'71.— Chapter 273. 437 j 

i 
<chaiidize, minerals, etc., tfec, on and along such railroad at 
«nch rates as they may fix. 

Sec. 2. That for the purpose of creating capital stock of o^™™ooks"o'/ *** ' 

such company, Alexander Nelly, Thomas Tyon, Wm. B. subscriptions. ■ 

Eichardson, A. II. McNeill, A. E. McDonald, Dr. II. Tur- j 

ner, Dr. J. M. "Worth, M. S. Eobbins, Jonathan Lassiter, ] 

George Makepeace, and Alexander Ilorney, are hereby \ 

appointed commissioners, whose duty it shall be (or a major- \ 

ity of them,) as soon after the passage of this act as may be, j 

to appoint such persons to open books of subscription at such \ 

places and at such times as to them shall seem best, and under I 

such rules and regulations as thej' may prescribe. \ 

Sec. 3. That whenever the sum of twenty-five thousand General meeting I 

,.11' • 1 o' stockholders. ' 
oolJars or more shall have been su! bcribec to tiiC capital 

etock of said company by solvent eub8cri'bers7 it shall be the ; 

duty of the commissioners, or a majority of tliem aforesaid, to \ 

■call a general meeting of the stockholders aftei' giving such ' 

notice as to them shall seem sufficient and at such times and i 

places as they shall determine, and at all general meetings 

■of said stockholders not less than a majority of all the stock I 

subscribed shall constitute a quorum for the transaction of ' 

business, and said stockholders, when so met in general I 

meeting, shall have power and it shall be their duty to elect ! 

a president and five directors for said company, and in the President and Di- \ 

election of officers and enacting such by-laws as may be ' * 

necessary, each share of stock represented either in person \ 

or by proxy, shall be entitled to one vote ; Provided^ If a ■] 

majority of such stockholders shall not attend said first gen- 5 

eral meeting, such as do attend may adjourn from time to ; 

time until a majority shall appear. \ 

Sec. 4. That it shall be the duty of said president and Secretary and ] 

•^ -^ Treasurer. j 
directors of said company to appoint a secretary and treas- 
urer, who remain in office such length of time as the com- Terms of office; 
pany in their by-laws shall determine, and said president 
and directors shall remain in office one year and until others 
are elected, and shall have general direction and manage- 
ment of the affairs of said company ; said directors shall 
have power to fill any vacancy that may occur in their board 



438 



ISTO-'Tl.— Chaptkk 273. 



Anaufil report. 



County and cor- 
porate subscrip- 
tions. 



Riiiht to condemn 
lands. 



Sui'vcy. 



and in the absence of the president to elect one for the time; 
they ghall make it the duty of the secretary to keep a fair 
and correct record ot the proceedings of said board and all 
the proceedings of the stockholders in general meeting in a 
book to be provided for that purpose. 

Sec. 5. That the president or board of directors shall at 
least once a year make a full report on the state of the com- 
pany, and its affairs to a general meeting of the stockholders, 
and oftener if required by any by-laws of the company, ai.d 
also call general meetings of the stockholders whenever they 
deem it expedient, and tlie company in their by-laws may 
provide for occasional meetings being called and prescribe 
the mode thereof. 

Sec. 6. That all persons, the commissioners of an}^ county 
or the authorities of any incorporation shall have full power 
and authority to subscribe to the capital stock of said com- 
pany to the amount they shall be authorized to do by the 
inhabitants of said county or any corporated town, or the 
proper authorities of any incorporation to the amount they 
shall be authorized to do by the inhabitants of said county 
or town, and they may issue bonds or other evidences of 
debt to enable them to borrow money to pay such subscrip- 
tion, the said subscription to be made by any agent or agents 
of such county, town or cor|X)ration properly authorized by 
them to make the same, when so made shall be binding on 
such county, town or corporate body in the same manner 
and to the same extent that it is on the individual subscribers, 
and such body corporate or company or county shall be 
represented in all general meetings of the stockholders. 

Sec. 7. That the right of said company to condemn lands 
m^itioned in section the first of this act shall be the same 
i^ranted to the Chatham Railroad Company, and that all lands 
on which the road may be located not heretofore granted by 
the state within one hundred feet ot the centre of said road 
which shall be constructed by said cx^mpany, shall vest in the 
company as soon as the line of said road is definitely laid out. 

Sec. 8. That for the purpose of ascertaining the best 
route for said road and to locate the same, it shall be lawful 



tS70-7l.— Chapter -273- 574 439 

for said company by its engineers, servants and agents to 
enter npon, examine and survey any land or lauds they may 
wish to examine for such purposes free from any liabilities 
whatever. 

Sec. 0. That said company may begin the construction of Oomiuenceuicnt 

■^ • ./ o .of coustruction, 

said road at any point on the line of location accordmg to their 

discretion, and that for any portion ol said road actually con- 
structed, the said company shall be entitled to all the privi- 
leges ot this act into and over such part so constructed. 

Sec. 10. That the Carthage and Eandolph Railroad Com- Conditions of 

° , , • . . .1 subscriptione. 

pany shall have power to receive subscriptions to its capital 
stock, payable in real or personal property at such valuation 
as may be agreed on between the company and the sub- 
scribers. 

Ratified the 6th day of April, A. D. 1871. 



CHAPTER CCLXX I Y. 

AN ACr TO LAV OUT AND OONSTKUCTf A KOAD IN THE COUNTY 

OF ASHE. 

Section 1. The General AssenMy of North dirolina do Location of road. 
enaH, That there shall be laid out and established a road in 
the county of Ashe, commencing at or near David Worth's 
jstore, to run as follows : Up Three-Top creek to the mouth 
of Ben Bolen, from thence to Ray's mills on Buffalo, from 
thence to intersect the Bakersville aad Sparta turnpike road 
at or near G. H. Hamilton's mills. 

Sec. 2. That the said road shall l>e ma<le eighteen feet jK-sciipUon mA 
wide, except where there shall be side cuttings, and in such ^'"^ ^' 
places it shall be fourteen feet wide, and tliat the said road 
£hall be located on the best grade possible, and shall l>e well 
ajiade as is hereafter provided. 

Sec. 3. That E. C. Hartzog, John Osborn and Peter Mc- Commissioneis 
Neil, are hereby appointed commissioners to lay out and 
26 



4iO 



1870- 71.— Chafier 274. 



Coiulenination fif 
propeity. 



Countj' Commis- 
sioners may rail 
cut bands. 



Proviso. 



When act to be in 
force. 



establish said road, wLo shall take an oath before tlie chair- 
man of the board of eoinmissioiierB of Ashe county, to faitli- 
tnllj' discharge their duties for the best interests of their 
county. 

Skc. 4. That it the owners of any lands through which 
said road shall pass, shall consider him, her or themselves 
iiijrrcd thereby, it sh:'.Il be competent for such person or 
persons, by [)etition to the county commissioners of their 
county, praying for a jury to view the premises and assess the 
damages sustained, and it shall be the duty of the commis- 
sioners to order such jury to be summoned as in case of such 
public roads, and it shall be the duty of the jury to take intt> 
consideration the l)enefit to the land as well as the injury 
done by making said road, and on report of the jury made 
to and confirmed by the county commissi on ei-s, the damage 
shall be paid l)y the county. 

Sec. 5. That if any }>erson or persons sliall claim damages 
and call for a jury to assess them, and none are found, the 
person or ])ersons so calling shall defray all the expenses in 
the case. 

fe>Ec. 6. That the county commissioners shall have }H)wer 
to call out all hands of the county, liable to work on public 
I'o-ads under existing laws, wlio reside within 07ie and one- 
Iialf miles of said road, by compass line, at such times and 
for such length of feime as will not materially coJiflict with 
tlie farming interests of the count}', to construct tlie road. 

Sec. 7. Provided, That no person shall be required to 
work more than thirty days on said road in any one yeiir. 

Sec. 8. That when the road has bet^n constructed as 
herein provided, it shall be the duty of the township board 
of trustees, through whose township said r-oadruns, to reeeive 
the same, and report to the county commissionei*s that said 
load has been constructed according to law. 

Sec. 9. That this act shall be in force from and after its. 
ratification. 

Ratified the ()th day of April, A. D. 1871. 



1S70-'71.— Chaptee 275—276. 441 



CHAPTER CCLXXY., 

..AN ACT TO PREVENT THE FELLING OF TREES EN CAERAWAY 
CRKEK, IN RANDOLPH COUNTY. 

Section 1. The General Asseiiihly of Nmili Carolina do 
'^micU That it shall be unlawful for any person or persons to 
fell any tree or trees in Carraway creek, in Randolph county, 
frou] the mouth of said creek t-o Kew Market foundry in 
said county. 

Sec. 2. Any person or persons violating the first section Penalty for fel- 

. 1 . ' • • ^^ ^ J..- ^v. X J ling trees in Cara» 

■~ A this act, or procnrnig, aiding or abetting others to do so, way creek. 

lie, she. or they so offending, shall forfeit and pay for each 

n-ee f^-lled and left in said Carraway creek, for the space of 

ton days, the sura of live dollars, and the amount so forfeited 

shall be applied to the poor of the connty, the said i>enalty 

to Ix; recovered before any justice ot the pe^ac€ for said 

county, within the txjwnship in wliich tlie offence is or may 

be committed. 

Sec. 3. This act shall be in force from and afler its ratifi- When act to be ijt 

force, 
cation. 

Ratified the fith day of April, A. D. 1S71. 



CHAPTER CCLXXVI. 

AV ACT TO KBI'KAL Alf ACl' (CONCERNING CON3TARLES IN NEW 
HANOVER OOLNTV, RATIFIED THE TWENTY-SIXTH DAY OF 
M.AKCH, ONK THOUSAND EIGHT HENKRED AND SEVEJS'TV'. 

S.;<^ri-oN 1. llt^ General AaftnnUy of North Carolinu do Repeal of aetot 

-^,9Xfu:f^ 1 hat an act entitled an act concerning constables m 

New Hanuver county, ratified the twenty-sixth day of March, 

;inno domini one thousand eight hundred and seventy, being 

foinid in chapter one hundred and forty-six, jniblic acts of 



442 1870-'71.— Chapter 276—277. 

one thonsand eight hundred and sixty-nine, and one thou- 
sand eight hundred and seventy, be and the same are hereby 
repealed. 

When act to be in Sec. 2. This act shall be in force from and after its rati- 
force. 

fication. 

Eatified the 6th day of April, A. D. 1871. 



CHAPTER CCL XXVII. 

AN ACf TO PPj;)VrDE A CHEAP CHATTEL MORTGAGE. , 

Section 1. Th4i Geiwnd Asseinhly of N(yt'ili Carolina dt^ 
enact, That any person indebted to another in a sum to be 
secured, not exceeding at the time of executing the desd 
herein provided for, the sum of three hundred dollars, may 
execute a dfeed of trust, in form substantially that which 
follows : 

-rra of deed of I^ , of tlie county of , in the state ot 

IS^orth Carolina, ani indebted to , of , . . . county, 

in said state, in the sum ot dollars, for which he 

holds my note to be due the day of , A. 1). 

18, ., and to secure the payujent of the same, I do hereby 
convey to him these articles of personal property, to wit : 
but on this s})ecial trust, that if I fail to pay said debt and 

interest, on or before the day of , A. D. 18 . . , 

then he may sell «nd property, or so much thereof as may 
be necessary, by public auction for cash, first giving twenty 
days notice at three public places, and apply the proceeds of 
such sale to the^discharge of said debt and interest on the 
same, and pay any surplus to me. Given under my hand 
and seal, this .... day ot , A. D. 18 . . . 

•JSEAL?; 



1870-71.— Chapter 277— 2TS. 443 

Sec. 2. That sucli deed of trust shall be ffood to all intents Fees of Probate 

, , 1 n 1 1 1 • ^ J Judge and Regis- 

and purposes, when the same shall be duly registered accor- terof Deeds. 

ding to the present provisions of law ; Prcmid^d, n£fverth&- 

Jess, The probate fee of the probate judge in such cases shall 

be only ten cents, and the fee of the register shall be tiventy 

cents, and no other fee or tax shall be due on account of the 

same. 

Seo. 3. This act shall be in force from and after its rati- }Vhcn act to be in 

force, 
tication. 

Ratified the 6th day of April, A. D. 1871. 



CHAPTEE CCLXXYIII. 

AN ACT TO AMEND THE CHARTER OF THE WILLIAMSTON AND 
TARBORO' EAILROAD COMPANY. 

Section 1. The General Assembly of North Carolina do Manner of voting 
e7iact, That at all meetings of the stockholders of the Wil- 
iiamston and Tarboro' Railroad Company, each share of 
stock represented in person or by proxy shall be entitled to 
one vote, and that any meeting shall be considered duly or- 
ganized when a majority of stock shall be represented ; I^ro- 
rided, That no one shall be allowed to act or vote as a 
proxy who is not a stockholder in said company. 

Sec 2. That all acts and parts of acts inconsistent with Repealing clause, 
this act are hereby repealed. 

Sfia 3. That this act shall go into effect when the same is ^viien act to take 

° . . effect, 

approved by the stockholder holding a majority of stock at 

a meeting held in accordance with the provisions of this act. 

liatified the 6th day of April, A. D. 1871. 



4i4 1879-'71.— Chapter 279—280. ' :i 

CHAPTEK CCLXXIX. ■ 

AN ACT FOR THF BETTEE PROTECTION OF THE LITERARY FUND. 

i 

SfSndSn Section 1. Th4 General Asmtibly of Nwth Carolina do I 

from Board of enact, That hereafter it shall not be lawful for the board of i 

EducaUon. i • i ' 

education to loan any amount of the public funds under j 

their control, or expend the sum tor any purpose whatever, 

except by the direction of the legislature. I 

Whea'acttotein Sec. 2. This act shall be in force from and alter its rati- ! 

lorce. '■ 

fi cation. 

Katified the 6th day of Apiil, A. D. 1871. • I 



CHAPTER CCLXXX. 

AN ACT supplemental IXJ AN ACT TO CHANGE THE BOUNDARY 
LINE BETWEEN THE COUNTIES OF EDGECOMBE AND NASH. 

Certain township SECTION 1. The G&neral Assembly of North Carolina do- 

officers to con- '' "^ 

tinue in office. enact. That all the township officers residing in this portion 

of the county of Edgecombe, which by an act entitled " an. 

act to change the boundary line between the countiv^s of 

Edgecombe and Nash," was annexed to the county of Nash,. 

be and they are hereby contirued in their said office until 

the next regular election, and all of the acts of said officers 

between the passage of said act and the ratification of this 

act are hereby confirmed and made valid. 

When act to take Sec. 2. This act shall take eii'ect from and after its ratifi- 
efiect. 

cation, 

PtadHed the 6th day of April, A. D. 1871. 



1S70-'71.— Chapter 231—282. 445 

CHAPTER CCLXXXI. 

AN ACr 'JO KEPEAL ANT ACT TO PKOVIDE THE MANNER OFIRmG- 
mo PUTT AGAINST RAILROAD OiWIPANIES, JiATIFIED TUE 
TWET.iTfl PAT OF AI'RIL, ANNO DOMINI ONE 'IHOUBAND EIGHT 
HUNT RP.r> A.'«i> SIXTY-NINE, 

Seciidij 1. ^j'he General Assembly of North CaroUria cU> Rei)etti. 
enact, Tliat oIi.i;>ter two hundred and titty-seven, (257) laws 
of 180S-'6O, !)e and the same are hereby repealed. 

Sec. 2. This act shall he in force and take etfbct from and wiie.iaot to be in 
after its ratification. "'^^'*'' 

Ratified the 0th day of April, A. D. 1871. 



,CH AFTER CCLXXXII. 

AN ACT IN RELATION TO THE EXECUTIVE MANSION, THE PUBLIC 
LOTS AND OTHER PROPERTY BELONGING TO THE STATE IN THE 
CITY OF RALEKtH. 

Sechon 1. The General AssetiMy of North Carolina do Governor may 
enact, The <,^overnor is authorized and directed to lease the MausSr"^''''' 
executive mansion and the ground attached to the same, 
])rovided he does not choose to occupy the same as a family 
residence, to some suitable and discreet person or persons 
for the period of twelve mouths, and at such price as he may 
deem reasonable and just; and he is authorized to have such 
repairs made upon the said building and outhouses and KepMirs, Ac. 
fences enclosing the same as he may deem necessary to pre- 
serve the property and keep it from ruin and decay, and for 
such ])urposes he may use the proL'eeds of tlie lease of this 
l)roperty, and the proceeds of the lease of other jmblic lots, 
and such sums of money as may be collected for rents Jiow 
due. 



446 



1870-71.— Chapter 282. 



Governor to col- 
lect rents, &c. 



Supervisor ot 
public lots. 



Supervisor to 
lease properties. 



Penalties for tres- 
pass OH public 
lots, or violation 
of tbisact. 



Committee to 
take invealory of 
fire-arms, weights 
and measures, &c. 



Sec. 2. Tlie governor is farther authorized and directed 
to collect by suit or otherwise, all such sums of money as 
may now be due for rents accrued, and he is further em- 
powered to adjust and settle with the Raleigh and Gaston 
Kailroad Company any claim which the state may have 
against said company for the use ol its property or for right 
of way over any of th© public lots belonging to the state in 
the city of Raleigh. 

Sec. 3. The keeper of the capital is appointed supervisor 
of all the other public lots belonging to the state in the city of 
Raleigh, except such as may be occupied by th'e Instilution 
for the Deaf and Dumb, and the public schools, and he is 
authorized to lease such lots or such part thereof as it may 
be proper to lease, and upon such terms as may be reason- 
able and proper, for the period of twelve months ; and he 
is required to turn over the proceeds of such renting to the 
governor whenever the same may be demanded, after retain- 
ing for his services, ten per 'jent thereof. 

Sec. 4. The General Assembly do further enact, That ii' 
any person or persons shall wilfully trespass upon any of tlie 
public lots aforesaid, or shall cut any timber- or commit any 
waste, or shall refuse to surrender possession after the expi- 
ration of their leases, or if any person or persons now in 
possession of any of said lots above mentioned shall refuse 
to leave the same and shall further refuse to surrender pos- 
session within ten days after demand made by the keeper ol 
the capital, said ]>erson or persons shall be guilty of a mis- 
demeanor, and may be indicted in the superior couii; of 
Wake county ; and it shall be the duty of said keeper of the 
capital to reix)rt all such violations of law to the governor 
or to the attorney general, and if any of the said persons 
shall be convicted, they shall be fined or imprisoned, at the 
discretion of the court. 

Sec. 5. That for the better protection of the arms and 
other state property, W. H. High, J. Q. DeCarteret and 
James McGowan are appointed a committee to take an in- 
ventory of the fire arms and other property in the arsenal, 
and also an inventory of weights and measures, &c., now on 



18T0-'71.— Chaptee 282-283. 447 

liaiid, and take the receipt of the keeper of the capital tor 
the same in duplicate, one copy of which shall be deposited 
iu the executive ofBce and the other shall be retained by the 
ieeper of the capital. 

Sec.. 6, This act shall be in force from and alter its rati- ^^'^p" •'^^t to ^^ '" 

force. 

ication. 

Ratified the 6th day of April, A. D. 1871. 



CHAPTER CCL XXXIII. 

AN ACT TO CHANGE THE METHOD OF APPOINTING THE PEOXIES 
AND DLRKnOES IN ALL 0ORPOEATION8 IN WHICH THE STATE 
HAS AN INTBRIST. 

Section 1. Ths General Assetiiblu of North Carolina do certain powers of 

•^ *' ^ (Tovernor rcvokea 

^iifiaet, That all power now vested in the governor of the 
£tate to appoint a proxy or proxies or directors to represent 
the interests of the state in any corporation or company in 
which the state has an interest, be and the same is hereby 
revoked and annulled. 

Sec. 2. That the president of the senate and speaker ot Powers confernd 

, , , . , , 1.11 on President of 

the house oi representatives are hereby authorized and em- senate and 

1 , -i.' • J 1 i.1 i. • i. 11 Speaker of House 

powered by a paper writing signed by them, to appoint all of RepresentA- 

proxies and directors in all corporations in which the state ^■'^*^®" 

Jiae an interest. 

Seo. 3. All laws in cjonflict with this act are liereby re- KepcAiing clause. 

pealed. 

Sec. 4. This act shall te in force from and after its rati- when act to be in 

force. 

/3ation. 

Ratified the 6th day of April, A. D. 1871. 



PUBLIC RESOLUTIONS 



OK THK 



STATP] OF NORTH CAllOLliNA. 



PUBLIC RESOLUTIONS 



OF THE 



STATE OF NORTH CAROLINA, 



SESSION 18 70-'71 



bEXAl E RESOLUTION- CONCERXIXG TUB EI.KUTION IN THE TWENTY- 
SIXTH SEMATORIAf, DISTKICT. 

WiiEKEAS, It is a matter of public history that on the Preamble, 
tirst Thursday iu August laet, t\\e county ot Ahimance, coin- 
])osinir a part ot the twenty-sixtli senatorial disti'iet, was 
occupied hy military forces under tlie comujand ot his excel- 
lency the governor of the state, wherein' tho ti'eedoin of 
election therein was obetrneted, so that no \ alid clecti<;>n was 
held for senators in that jiart of said twenty-sixti) district. 

JieHolved h/ the Senate^ That a coniiuitbee of liirce Sena- invesiiKatinic 
tors be appointed, whose duty it shall be to i)r(t('T!i-e and lay ^^"'"" '^'^' 
betore the senate without nnne<;essary delay, duly uuthenti- 
cited returns of the official vote tor senntoi-s caet by each of 
the counties composing said twenty -sixth diftrii-t, to tlie end 
that the senate may justly determine tlue (juestion of the 
title to their seats, of the two senators now sitting as mem- 
bers of this body from said twenty-sixth senatorial district. 

llatilied the 2ytli day (A Noveml^er, A. D. Is7<». 



) 



452 ISTO-'Tl. — Eesolutions. 



RESOLUTION PKOLARUST. A VACANCV IN THE T\VENTY-F< )UKTH 
SENATOIAL ]>ISTRICT. 

I'reambie. Whereas, ]>_)' the action of lii6 exc^llencj the governor, 

in declaring tlie county of Caswell in a state of insurrec- 
tion, and sending into said county a military force^ the citi- 
zens of said county were depi'ived of that freedom of politi- 
cal action, which is their undoubted right ; and 

Whereas, in consequence thei*eof no valid election was 
held in said county in August last ; therefore 
Vaciuicy declared lleml:v^<l ^ That tliere is a vacancy in the senatorial repre- 
district. sentation of the twenty-fourth district, com]x>sed of said 

c<>unty. 

liesolved fiiii/ir)\ That the president ol the senate be 
directed to inform his excellency the governor of North 
Carolina of the said vacancy, to the end that he may proceed 
to have the same Hied as the constitution of the state and the 
laws thereef direct. 

Katified the 29th day of November, A. D. 1S70. 



BESOLUTION KK^A f^TEXG THE oliMON OF THE AnORNEY GEN- 
ERAL IN KEJ,Ant)N TO THK ^TATk's IXTEREST IN THE WIL- 
MINGTON, ('HARLOTTE A N h KC J H KKFOKD RAILROAD COM- 
3'ANY. 

Opinion of AU-oi- JiesoJiyd, Si'nait' roncupfl n<j. That the attorney general 
'juested. l>e and is Jiereby requeste^I to i-ender as soon as possible to 

the general assembly, an oj)inion upon the rights and in- 
terests of the state iu tlio "Wilmington, Charlotte and Ruth- 
ei'ford Kailroad (/ompany. under existing laws. 
Ratified the Sd day ol I)eceml)er, A. D. 1870. 



187()-'71. — TvEsoLUTioKs. 453 



-JOINT KESOi.l'TIoN OF IXSTlU'CnONS TO MEZ^fEEKS OF CONGRESS 
IN RELATION TO THE PASSAGE OF A BU.L ESTTEODUCED AT TUE 

LAST SESSION OF C^^NGRESS (aND NOW TENDING JJEFOKE THAT [ 

kody) ENTHj,Er> "thexokih CABOLINA EAILWAY EXTEN- ' 

SIGN COMI'ANV." : 

1st. JiCsolvL'iI J>ij tJie IJoiis:,:' of Rejyresentative.'i, {theSt-ruiU: 8<-imtors and I 

N HM i. i.1 i A i. 4.' V members of Con- ' 

^'onctirruu/,) iliat the senators and representatives ironi git-ss reiuiesteti to " 

this state in the congress of the United States, be and they ^-^j^ ^' '"'" 

rtre hereby respectfully requested and earnestly solioitcd to 1 

vote for and use their ntnriost intiuence and endeavors to ii 

secure the passage of a bill intixxluc-ed at the last se-ssion of ] 

congress by the Hon. Alex. H. Jones, (and now pending J 

before that body,) entitled the "!North Carolina Eaiiway i 

Extension Company.'* 1 

2d. ncsnJrcd further, That the clerk of the lionse of ! 

2-epresentatives be requested forthwith to furnish a copy ot I 

these resolutions, to l)e signe<i l»y the president of the sen- [ 

Kite and speaker uf the house ol representatives, to Ije trans- ' ' 

mitted by him to tiach senator and member of congress frcnu j 

this state. { 

Ratified the 5th dav «il' Detsember, A. D. 1S70. ■ 



Horsi; lCK>;t>!.l HON KFU.A'JIVE to the EErRESENTATIVE FR(>M 
J HE COl'N'JY OF HEniTORI). 

Jlewlretl, That William i). Newsoni is entitled to a seat \Vm. D. Newsom 

- t.\ • 1 A.\ ^ ^- J! ^\. A. ±- ^^ ^ declared a rt-pie- 

in tins liouse as the rej)resentative of the county ot liert- eenuiive. 
iord, and that he be tor with admitted. 

Eatified the 5tli dav of December. A. D. 1870. 



4-54 1870-71.— KEsoLrxioNS. 



SENATE REtJOLUTION TO PKINT COPIES OF THE TREASLllEBa? i 

I 
REPORT. 

I 

Tieasu-cr's report Resolved, That there shall 1« printed for the use of thb-- i 

to be priuted. i/./.. 

senate, three hundred and fifty copies of the treasurers- I 

rejwrt. ■ 

Ratified the 5th day of December, A. D. 1870. ' 



KE&<^)LUTI0N OF INSTRUCTIONS TO SENATORS AND REPRESENTA- 
TIVES IN C<.)NGREee, REJ^ATIVE TO RESIDUE OF TAX ON RKAl. 
ESTATE. 

Instruction to SECTION 1. Rewlwd^ That the general aseenibly instruti 

Senators and . , . ^ ^ . . , i 

members of Con- otir senators and request our representativee in the congrese- 
^^^^^' of the United States to exercise their utmost endeavors to^ 

have remitted the residue of the United States direct tax ow 
real estate yet uncollected from the tax payers of North Caro- 
lina. 

Sec 2. liisolved. That our senators and representatives- 
in the cr^ngress of the Unite-d States he furnished each with 
a copy of these I'esolutions. 

Ratified the 6th day of Deoeinl)er, A. D. 1870. 



RESOLUTION KE^iUJRlNG THE TREASURER TO FURNISH STATIS- 
TICS OF EXPENSES OF LATE MILITARY MOVEMENT. 

Preamble. Whereas, It is the general opinion of the people of Kortla 

Carolina that there was an enormous amount of their monej 
uselessly spent in the late military raovment of the governm- 
oi the state : therefore, be it 



Besof /"£'?, That tlie public tJ'oa.surerol the state be required, Tieiu=iirer to re- 
for the Infoi-matloii of tl'is assembly, to furiiisli the full sta- P'*^'^ ''^^^^^t'cs. 
tistios of the att'aii-, ^ihowing how much spent, how mucli 
paid to each otHcer, from the grade ot lieutenant up, <fec., etc. 

Ratitied the 6tli day of December, A. D. 1871. 



KE6t>i,rrr<»x of iNi^riKr conceb.mxo the fik'Ai- ov the eepek- 

SENTATIVK FROM Bi,A.T>KN CoFN'n'. 

"WntKEAK, Aflida\'its have been made by a nuadjer i-f PnamWe. 
prominent citizens of Bhiden county to the elfeet timt Abiel 
W. Fibher was not, for the yeiii- inmiediately preceding his 
election in August last, a citizen of Bladeu county ; and 
whereas, said Fisher is now hi possession of a seat in this 
house as the representative of said county ; and whereas, 
according to the constitution, article second, section tenth, a 
residence ki the county for one year immedititely pi-eceding 
hia election is necessary to quality any person to repre^nt 
s-och county in this house, therefore, it is 

Remlvi'd, That tlie committee on privileges and elections Comtniitce to en- 
be instructed to en(piire into this matter and report to this ••"'''^'^''^ '^^p'""*- 
liouse at as early a day as is practicable. 

Eatitie/1 the Sth diiy of December, A. D. 187<>. 



HOUSE KlCSOHiTToN OKDERliVO THE .JOLNT COMMITfEE ON TRENT- 

rN(; TO HAVE itEtiLisri'E >a^iJiER OF COPIES OF turasurer's 

KEl'ORT PRINTED. 

Re^'ioliwd^ TJiat the joint committee on prinh'iig be in- Tiv^smer's report 
structed to have printed such a number of copies of the report ^'* ^*^ »"*"'*=''• 
ot tlie state treasurer as they deem proper, for the use of the 

27 



4:oa 



18 TO-' 71. — Kksoli'mons, 



meiiibcrs of thislioiise aod of the seiiak', not to exce'.ed three 
for each member, including tlie one hundred and twenty 
ah'cady ordered. 

Ratified tlie Stli day of December, A. I). 1870. 



.)OlXi RKS(.iJ.rri<»iN TO KAISE a OdMMrrJKK ON <>>N.STllT'riONAL 

KEFoKM. 

Committoctopre- Resolvi'd, That a conniiittee of live on the part of the 
iii^eCoimtitntioiil senate and seven on the part of the house of representatives 
Ije at once constituted a connnittee, whose duty it shall be to 
mature and report at an early day to the general assembly 
of Korth Carolina, a bill to amend the constitution of the 
state ir> sucli manner as said committee may deem advisable 
and expedietit. 

Ilatitied the 8th day of December, A. D. 1870. 



Joint comsuit'tee 
on per diem and 
mileage. 



KJOHKI.l riox JN RF.J.ATION TO KA18ING A .HUNT SEI-KCT COM- 
MriTEE ON J'ER HIEM AN'P >IILEA<;K. 

Jte^solved. ih: Boim' (>f li<^i/rc,sefdafirc:s fonm,rpin<i. That 
a joint select committee ot three on the ]>art ot the senate 
and five on the part of the house of representatives, be 
raised to take into consideration and re|>ort u])nn the question 
u\' jM'f d'nin and mileage. 

Katilied the 8th day of December, A. D. 1870. 



1870-'71.— PtEsoLrxioNs. 457 



KESOLITION IN FAV(>R OF GKO. B. M'cO'n'ER, TAX COIJ.ECTOB 
OF PITT COUNTY. 

WiTEKKA^, Judgment was taken against Geo. B. McCotter, preamble 
tax collector of Pitt conuty and sureties upon his official 
])ond, at the late term of Wake county superior court for 
-costs and one thousand dollars penalty tor failing to pay into 
t]j<e state treasury the tax due at the time required by law; 
•<md whereas, the said Geo. B. McCotter is now ready to 
ntake Jiili settlement with the state treasurer; be it there- 
lore 

RexfJc:^'.! by the General Asi<emhly of jS'orih Carolina, To settle with 
That the said Geo. B. McCotter be allowed to settle with 
the state treasurer, and the state treasurer is ordered to settle 
with the said Geo. B. McCotter, tax collector aioresaid, and 
that tlie said Geo. B. McCotter be allowed his mileage and 
j't^r <//(??//, and commissions according to law ; Provided^ The 
tax collector shall first show a receipt tor the payment of all 
cot^ts incurred. 

And he. it further resoived. That the said Ge^D. 3^. McCotter 
and the sureties on his official bond be entirely released from 
all liability on such bond, when the said Geo. B. McCotter 
shall have fully settled with the state treasurer. 

Ratified the 8th day of December, A. D. 1870. 



XLSOLL'TJUN IN FAVoK oF HENKV T. GRA-NT, SUKKIFF OF 

NOKTHAJWi'ros; <X)CJs"rv, and .i. t. ki<;k(;usc>n, shekiff of ' 

' ■ ,1 

i 
( 

Whekeab, Judgement was taken against Henry T. Grant, Preamble. ; ! 

■sheriff of Northampton county, and J. T, Ferguson, sheriff J j 

^>f Wilkes county, and the sureties upon their official bonds, at i 

the late term of Wake county superior court for costs and \ 

<jne thousand dollars i)enalty, for failing to pay into the state ^ 



458 



1 870 -' 7 1 . — Rebolutioxs. 



iryT. 
J. T. 



and J. T. Fergu- 
8on allowed to 
settle •with state 
Treaeurer. 



treasury tlie tax due at tlie time required by Jaw ; and 
whereas, the said Henry T. Grant and J. T. Ferguson are 
now ready to make full pottieineut with the state treasurer ; 
be it therefore 

ReKolvd hy th- General A-s^ievihly of Ni/rth OarolinUs 
That the said Henry T. Grant and J. T. Fei'guson be allowed 
to settle with the state treasurer ; Pv<fvld<d^ The said sheriUs 
shall first show a receipt for the payment of all costs incurred. 
and the state treasurer is ordered to settle with the said 
Henry T. Grant and J. T. Ferguson, sheriff's aforesaid, and 
the said Grant and Fergnscn be allowed mileage and iter 
diem and comuiissions according to law. And be it further 

Re^iolmd, That the said Henry T. Grant and J. T. Fer- 
guson, and the sureties on their official bonds be entirely 
released from all liability on such bonds when the said Grant 
aud Ferguson sliall have fully settled with the state treas- 
urer. 

Ratilied the 10th day of December, A. I>. 1870. 



SKNATK RIOSOLTTION IN' UEGAKI) TO Sor.DIERS OF THK WAK 
OF ONK TKOUSANI) KIGHT HUNDREO .\J^1) l-AVELVE. 



Senators and 1- Jt<:><<)lred, That t!ie representatives and senators in coii- 

giess in^s^nicted! g^css from this btatt^ be and tliey are hereby requested U^ 

vote for, and if possible secure the passage of a law granting 

pensions to tho soldiers (or their widows,) of the war of one 

thousand eight hundred and twelve. 

2. Resolved further. That upon tlie ratification of these 
resolutions, the president of the senate is requested to cause 
to bo transmitted a copy of the same to each of our represen- 
tatives and e^ch of our senatofii in congress. 
Ratified the 10th day of December, A. D. 1870. 



pensions to sol' 
cliers. 



1S70~71. -Resolution?- 4:59 



KtVOLUTION TU PKINT RULES UF THE 8ENATK AND HoUSE OF 
KEPKESEKTATIV ES. 

/lesvli^ed hi/ the Seiiatr, (the lloufn- oflicftreM'iitaJii'tsn-im- Rules of Senate 
•' - 11/1 *°*^ House of Rep- 

• ■urnng^ That the usual number of the rules of the senate resentatives to be 

and the liouse of representatives, togetlier with the joint 

rules of Ijotli houses, be printed with ujarginal reference. 

Ratified the .I3th day of Deeember, A. D. ISTO. 



KESOLUTION UELATING TO THE POLITJCAL DlSARILUmiS OK 7.. 

B. VANCE. 

SEOTio>i 1 . Bt U rewlreil hq tlw General A^Hemhlu of Political disai.ili- 

*' •' '' ties OI A, D. 

North Carolina, That the senators and representatives of Vanco. 
North Carolina in the congress of the United States, are 
requested to employ their influence to have the political . 
disabilities of Z. P>. Vance, Ignited States 8enatx:)r elect, re- 
moved. 

Sec. 2. Th.'it tlie secretary of state is directed to forward 
a exjpy of this res/jlution to each of the senators and re};re- 
sentatives of iVortii Carclina in the congress of the TJ^nited 
States. 

Ratified tlie 13th day of i)e(;ember, A. D- 187J. 



-■*;natk ke!*olltio^ co-nceknixo the election in tuk 

TWENTY SIXTH SKNAlORIAL niSTKfCT. 

WiiKREAS, By the official retui'iis, duly authenticated Preamble, 
which have been procured and laid i>efore this body, it ap- 
jKjais that at the regular election for senators held in the 
tweuty-sixtli senatorial district, oa the first Thursday in 



460 



1870-'71.— Ees« )Lutions. 



John A. Gilmer 
declared a Senator 

Seat of Wm. A. 
Smith declared 
Tacant. 



Augnst, one thousand eight hundred and seventy, John A. 
Gilmer, now holding a seat in the senate, received tlie 
highest number of votes cast in that part of said district, in 
which the election was legally held : 

"Whereas, "William A. Smith, to whom a certificate waft 
given, upon which he now holds a seat in the senate, did not 
receive the next highest number of votes cast in that part of 
eaid district in which the election was legally held, and was 
not therefore duly elected ; and whereas, J. A. Moore, who 
did receive a majority over said W. A. Smith, of the votes 
cast in that part of said district in which the election was 
legally held, has waived his right to a seat in this body by 
failing to contest for the same according to law ; therefore 

Resolved 1st, That John A. Gilmer is entitled to hold 
his seat as a member of the senate. 

Hesolved '^d^ That the seat held by William A. Smith, a& 
senator from the twenty-sixth district, is hereby declared 
vacant. 

Eatified the 14th day of December, A. D. 1870. 



EESOLtrnON PROVroiNG FOR THE IMPEACHMENT OF WII.LIA^I 
W. HOLDEN. 



impeachTnent of Besolved, That William W. Holden, governor of the 
Hoiden, * ' State of North Carolina, be impeached of high crimes and 
misdemeanors in office. 

Eatified the 15th day of December, A. D. 1871. 



lS70-'71.-REsoLrTioir8. 461 



HOUSE RES<M.rnoN' IN' RIX!AIM> TO AI'l'OTX riN(; COMMITTEJl*? 
OX IMl'KACHMENT. 

HesD^rt-iJ, That a connnittee ot three be appoiuted to go Committee to in- 

, , 1 , .1 ,. • ,1 ,• ,1 form Senate of 

to the >^e"nte, <tna at the bar thcreot, in tlie name ot tiie huiRaoiimcntof 
house of i(>in"eeentatives and of all the people of the state of ii^n.' 
Xorth ( V.iviiiii;:. to unpeach William W. ITolden, governor 
of the Siute of "\tjrth Carolina, of high crimes and misde- 
meanors in olM.'o, and acquaint tlie senate that the house of 
representat.i\ l:> will m due time, exhibit particular articles 
of impeachment against him, and make good the same ; and 
tliat the comuiitteo do demand that the senate take order for 
the appearance of said William W. Ilolden to answer to 
said hnpeachment. 

ResolvefL That a committee of seven be ai)T)ointed to c^mmittve to pre- 

T . 1 ,. . , . Tir-iT pare arti<-les of 

prepare and report articles ot impeacliment against William jmiKnahiuent. 
W. Ilolden, governor of the state of North Carolina, with 
IK)wer to send for persons, papers and records, and to take 
testimony under oath. 

Ratified the ItUh day of December, A. D. 18'7<,». 



HOUSE RESOLUTION OF INQUIKY CONCEKXTXO Ar.LEGKl) IMPJROPEK 
EXPPIXDITIJKES OB" THE PUBLIC Mc^NEY. 

WiiEKEAs, It is connnonly charged that the governor has Preumbie. 
had in his employ, and in the pay of the state, detectives or 
spies, whose duty was to make to the governor secret ofiicial 
reports of the acts and words of their neighbors and asso- 
ciates; and whereas, it is com mo tdy charged that the profes- 
sional services of counsel learned in the law have been spe- 
cially retained and paid for at great expense to the state, to 
represent the state's interests when in litigation or contro- 
versy, wliile the attorney general's office was in the charge 
of the officer duly a])pointed thereto, whoso duty it was to 



462 1S70-71.— Pw.ESOM"lIn.N-S. 

ropreseiit tlic stiite in all sudi confi-ovcrbies ; and whereas, 

it is conutKdily i-luij-^^'cd Huit there has been an exii-avagant 

and useless eniplovinoj of men, profest^edly in the ])iibli(* 

service, wherehy tlie })nhh'(* nioney ha.s \>vvu \v;Kslefuil_v cx- 

}>ended. 

Executive officeKs Rewlved. Tluit the u(jVernor. tlie several hea.isci' depart- 

and others re- 111.1"" t 

•luired to report, nients, the clerk ot the su])renie eonrt, thestatt' librarian and 

the keeper of the i.'a})itol, are reipiested t(» re])ort to this 
house with ag little delay as jiracticable. a list of the spies or 
detectives, (;leik?. ines&enp;ei'S, pages, waiters, hiborers ajid 
all other officers and ein]il(.»yees who have Ih-(mi in the pay 
of the state, in their resiwetive deparlnients oi* bnreaus of 
the state goverinucnt, sine*' tlie ina figuration of the present 
state government, what sums 0I mone} said spies, clerks, 
laborers, tfcc. have l)een paid by and in behalt of the stat<' 
during that time, and for v\]iat ser\'ices rendered or informa- 
tion furnished, and the olei'k of this liouse is ordeied ttteei tify a 
copy of this resolution immediately to each ot tlie officers 
herein mentioned, to-\vit : the govei-nor, the secretary of 
stiite, the attorney genera\ the public treasurer, the adju- 
tvint genera], the S'Uperintendcnt of ])ublic instruction, tlie 
superintendent of public works, tlie clerk of the supreme 
court, tlie kee])er ol the capiroi and the state librarian. 
Ratified the 17th dfiy ot December. A. D. 187<>. 



llKSOLirriOH KOK JUK KELIKF oF .lOHN >I. :sr<»NoKW. SMKBIFF 
OF MIMUIE COUKTV. 

Preamble. WuERKAs, Judgment has been entered against Jolin M. 

Monger, sheriff (jf ^foore county, and the sureties on his 
official bond in the superii;]' court of the county of Wake, 
fall terra, one thousand eight hundred and seventy, tor failing 
to pay into the jmldic treasury, within the time i)resci'ibe<l 
by law, the public taxes due fi'om said county for the year 
one thousand ei^ht hundred and seventy ; and whereas, said 



skerifl is now prepared to pay tl^e public taxes due troui \ 

s>aid coniitv for the said year one tlioiinand eiglit hundred ^ 

and seventy : and wlicreas. justiec reouires that said sheriti" 

Hud hif sureties eliall he fully and finally released and dis- ; 

d)avi:L'd from B.tid judgment, if he feliaJl pay, on or before 

?lie iiiteenth day (.>t Deeendier, the full amount ot taxes due 

tlie treasury from his said county, and that the pubhe treas- 

nrcT allow to said sheriif the lawful commissions, mileage ' 

smd /"^/' JirT/t : tlierefore | 

S>:(:tu.-.y 1. 77^0 Geaenil Assembly of NoHk Cardrna do ^^^^f^.^^^'^^l \ 

t't:j<ob)e, Tliat John ]\f. Monger, sheritf of the county of sureties. 
Moore, and the sureties to his official bond, for the eolW'tion \ 

ivnd payment of public taxes, be and they are hereby fully 
Mnd eli'ectu.Hlly released and discharged from the judgment 
<.»btai!!ed against them in the superior C(>uit ot Wake county, 
fall term, one thousand eight hundred and seventy, tor i 

failing tu pay into the public treasury within the time })re- \ 

f^cribed by law, the titxcs due from said county for the year i 

«>tie llntui-flnd eight hundred and seventy, if he shall pay on \ 

or before the fifteenth day of December, one thousand eight \ 

hundred and seventy, tlie full amount of taxes i\\\\i the : 

treasury from the county of Moore, and the costs in tlie suit 
against him, and his sureties, and that the public treasurer j 

1)6 and in hereby authori/eKl to ^dlow said sheriff to settle said 
public taxes, so due the treasury as aforesaid, and to allow ■ 

sfdd eheriff connnission, nn'leage, and ytr diem for uiaking : 

iii,- settlement with the public treasurer. I 

Ihxtiiicd the 20th day of Der-ejuber, A. D. isTO. \ 



«KSuI.rTION TN KKOAJU) TO LKGAL STKPS TO UK TAKEN AGAINST 

GEO. vv. swKPso::^ a\v> m. s. Lrrrm'-FiKLix 

Iif.-^ohyd, hy the Gat-f^rid Axscz/iUy <>t JVorth Co.roliho, Qovciuur ic- 

riM i. ^1 * • £■ 1 MI 'i« • 1- i L L' 1 'liu'PteJ to t.akt' 

Ihat the acc:in!]»any)ng copy of a l)ill ot mdktment tomid steps fi.r i he ar- 

by the grand jury of Ihnicombe county at the last term of w^ t4«,.p-'on"'iiiid 

the superior court of said county against George W. S\vej»- ^',j"" '"^ '''''"'"" 

son and ]\Iilt.on S. Littlt field, l.ic immediatelv transmitted to 



464r 1870-71. — Eesolutions. 

his excellency the governor of this state, find that he be- 
most respectfully and earnestly requested lortlnvlth to take 
all suitable and lawful means to secure the arrest, detention 
and delivery to the proper authorities of this state of George . 
W. Swepson and j\filton S. Littlefield ; and if the said 
George W. Swepson and Milton S. Littlefield be fugitives- 
from this state, that his excellency the governor, be requested 
forthwith to demand of the governor of the state in which 
they may be found, the said George "W. Swepson and Miltoi> 
S. Littlefield. 

Eatitied tlio 24th day of December, A. D. 1S70. 



RiSftOr.I"nON TO EAIRE joint committee on (^)N'l'LNGENT EX- . 

PENSES. 

joiut committee Besolved hy the House of Eepresentatives, {the Senate con- ; 

on contingent ax- (^-u/t^rmg^ That a joint committee, to consist of two on the ,i 
part of the house and one on the part of the senate, be raised ■ 
to take in consideration and report what allowance be made i 
tor contingent expenses of the legislature. .; 

Katified the 24t.h day of December, A. D. 1870. \ 

■\ 



SENATE RESOLU'ilON MAKING KEC^UEST OF THE SECliliTrARV OF' 

STATE FOR CERTIFIED COPY OF CHAPTER ONE HUNDREI* 

AND SIXTY-EI^rllT. LAW'S OF ONE THOLSAND EIGHT HUN- 

I 
DRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT IIUNDRETV 

AND SIXTY-NINE. 

] 

Secretiiry of Stat-e Jiesolved, That the secretary of state is hereby requested' ^ 
with'certitied and instructed to furnish for the use of the senate, a certified 
copies of laws. ^^^^ ^^. (.]^j^p|.gj, q^q hundred and sixty-eight, of public laws 
of one thousand eight hundred and sixty-eight and one 



1870-71. — IIesolutions. -iC^ 

thousand eight hundred and sixty-nine, entitled "proceed- 
ings oi' impeachment," as the said act shall appear on tile in 
his office. 

Ratified the 18th day of January, A. D. 1S71. 



RESOLUTION IN KKFEKENCE TO A:^ ACT TO PROVIDE FuR THE 
COMPLETION OF THE WESTERN DH'TSION OF THE WESTERN 
NORTH CAR<)LINA RAILROAD, RATIFIED THE TWENTY-FOURTH 
DAY OF MARCIT, ANNO DOMINI ONE THOUSAND FJGIIT HUN- 
DRED AND SEVENTY. 

Resolved by the Ilmtse of Jienresentatives, (the Senate om- luformatioii re^ 

•^ 'J J- ' ^ quested or tiie 

ournnrj,) That the governor be respectfully requested to Govercor. 
lay before this general assembly all the information that may 
have been communicated to him by the commissioners 
appointed by said act. 

Ratified the 2l9t day ol January, A. D. 1871. 



HESOLUTIoN ASKING THE REPRESENTATIVES IN CONGRESS TO 
USE THEIR INFLUENCE TO AMEND THE FOURITENTH SECTI«)N 
OF THE BANKRl PT LAW. 

Sfxtion 1. The Geveral A.-^^einblii of North. Carolina do s.nator.i and 
, mi . <^ -NT 1 /^ T • members of C<m- 

reH<>h>\ That the representatives from North Carohna m stress iustrucied 

I , 1 rr . 1 fi. 11 i 1 X ''" rolation to 

tlie congress of tJie Lnited States, are iiereby ro<j nested to bankmi.t law. 

use their inHuence to have amended the last line of the first 

proviso of the fourteenth section of the bankrn])t law of the 

United States, where the words "in the year 1861:" oc-cur, 

the words " in the year one tliousand eight hundred and 

seventy-one" bo substituted, so that bankrupts in this state 

who may hereafter take the benefit of that law, '-an have the 



4t}e 187c^-'71.— Kepolctions. i 

benefit of tlie homestead aud.])erHO]ia] ])ropertj exemptioii , 
now allowed by the laws of Ts'orth Carolina, 

Seo. 2. llexoloed further. Tliat each one ot onr senators : 
and representatives in congress be furnished by the secretary 
of state with a copy of tJie foregoing resulntiun. ! 

Eatiiied the 2lst day of January, A, D. 1S71.. i 



A KESOLLTION FoR THE BELIEF OF A. MURRAY, Sni,i;)FV (.-K 
A L AMANCE (X - TN'IT. 

Fivaiiiiiiv Whereas, Judgment was entered against An)ert Muiray, 

sheriff of tbe county ot Alamance, and the sureties on lii^ 
ofticial bond, in the superior court of the county of Wake, 
tall term (18Tb) one thousand eight hundred and seventy, 
for failing to pay into the public treasury, within tlie time 
presci'ibed by law, the public taxes due from said county for 
the year one thousand eiglit hundred i.nd seventy ; and 
whereas, said slieritf is now prepared to pay the public taxes 
due fr(.)m said county for the year one thousand eght liuiv- 
dred and seveiity; and whereas, justice re(juire>s that said 
sheriff and his sureties shail be fully and tinally released and 
discharged from said judgment, and that the public treasurer 
allow to said slieriff tlie lawful conuin'ssion, njileage m\([jjer 
diem ; therefore- 
Kcieiu-c of AUx-it SECTION 1, The General AsseUibly qfJVorih Candina do 
Aitiian'ce^couuu, i'<'-'^<-'^'t't^-) That Albeit Murray, sheriff of the county of Al;t- 
^mm jii(isi:mciit, niauce, and the sureties to his bond toj- collection and pay- 
ment of pubbc taxes, be and they are lieiv-ly fully and effect- 
ually released and discharged tr.»m the judg/nent ('btained 
against them in tlte superior court of Wake county, fall term, 
one tliousand eighi hundred and seventy, for iailing to 
})ay into the public treasury, -within the time prescribed l)y 
law, the tuxes (\\m from said county for the year one thousand 
eight hundred and seventy, if he shall pay on or before tlie 
tenth day of J)eceml)er the full anu)unt of taxes due from the 



ISTO-'Tl. — TIksoh-tion-^. 4f> 

coimtv of Al.-uiiaii.v, ;uiJ rhat tlio public treasurer be and lie 
is hereby authorized toallo\v said 'sherit]-' to settle said f.ublie 
taxes so due the treasury asatbre&aid and to allow said sherilt* 
c-otniiiis^i)!!, mileage. -Awdper diem for making his settlement 
with the ]»ul)lie treasurer. 

Ratified tlie 21st day of Jaiiuarv, A. I). 1871. 



KK.S(.>MriON KKQUKSTIXa AID OF CONOKKSS IN CKEA'nXo A 
LITKRARV FUND. 

"Wkkkkas, North Carolina by the late war lost the most I'tciJuiWe-.. 
of her school lurid, and is otherwise much iinancially re- 
duced ; and whereas, there have been over three liundred 
and tif.y thous^and slaves emancipated and turned loose in 
u\\v midst without any eduoatii^n or the nieans to procure 
one, and that it is all important lor the success and stability 
of a repulilican form of governnunt tliat the masses of the 
]>eople should \)v educated; and whereas, the general gov- 
ernment i^ and has heen liberal towards the western states 
in ai))>roj>riating the public lands for educational purposed 
jiiul foi' internal impiovements, therefore, 

1. Z>V it n-st ihy.il hy the General Asnemhly of JSorth Cam- senator? am? 

, . nil . ^ .• 3 . ' • ^1 members of Cosa- 

liiut^ lliat our representatives and senators in the congress j^ness to nsk aid 

of the Tnited States, be requested to use their iiiHnenee in ufVliteran-'f^Btf. 

that body tor its aid in creating a literary fund to educiite 

the chihJren of North Carolina, without distinction of rjiee 

<»r color, by a]iplying a part of the pro<3eeds of the sale of 

]iul)lic lands, or (ttherwise, as the}' may think l>est, 

2. The secretary of state of North Carolina shall fnrnisli 
each ot our >enators and rt^presentatives with a copy of the 
foregoing resolution. 

T{ati;:ed the 21st day of January, A. J). ISTl. 



468 



1 8 70- ' 7 1 . — Resoi. ution s. 



RESOLUTION COMCEKNING IXTEKNAL KEVENL'E ON TABACCO 
AND SPIKIJUOUS LIQUORS. 



Keprcsi'iitalives 
in Con«rfe.-!S iii- 
structed id ri'la- 
"tiou to internal 
revenue lax. 



Rejoined hy the Jhu^r of licjiyresentdt'i oea^ {the Seriate vcm- 
currliig,) That we respc(;lfull3' request and earnestly solicit 
our representatives and senators in the United States con- 
gress to endeavor to have the revenue on tobacco and dis- 
tilled spirits greatly reduced from its present rates. 

2. Jiesolvrd, That hisexcellency the governor, be respect- 
fully requested that a copy of this resolution be furnished to 
each senator and representative in congress. 

Ratified the '21st day of January, A. D. 1871. 



KE)>OLUTI0N INSTKUCTING THE GOVERNOR TO OFFER A REWARD 
- FOR THE ARREST OF M. H. LITTLEFIELl). 

•Governor aufciioi- ^/j*<^w//(LwZ //?/ tlt£ General Assey/ihli/ of JVori/i CarolinaA 
wdvci far arrest of That hiB excelleucv governor Tod R. Caldwell, be authorized 
M. s. LitUeJieid. ^^^ ^^^'^,^. ^ y^y^^^j^^ Qf five thousand dollars for the arrest of 

Milton S. Littlefield and his safe delivery to the sheriff of 
Buncombe county, or to the governor of this state. 

This reBolution shall not- apply to any messenger already 
eent or 1>o be sent by the governor for the arrest and de- 
livery of said M. S. Littiefield. 

Ratified the 2.^th day of January, A. D. 1871. 



KKSOLUTION IK FAVOK OF, THE SHERIFF OF tjTOKES C'OUKTY^ 



Slier; fit' of Stokes 
county to collect 
tiixe.sliv 15tb 
Feljniiuv, 1811. 



Resolved hy tJu' General Amembly of North Carolina, 
That Win. H. Gentry, sheriff" of Stokes county, have until the 
fifteenth day of February, one thousand eight liundred and 



1870-Tl.— riESt)LL'TIONS. ^69 

:3eventv-oiie, to collect and pay over the county taxes due 
for one thousand eight hundred and seventy, to the county 
treasurer. 

Ratified the 25th day of January, A. D. 1871. 



KESOLI'TIOX CONCERNING THE l.E'rrEK-BO<:»K AND CORKESPON- 
DENCE OF GOVERNOR TV. "VV, HOLDEN. 

2. HesohcJ hi the General Amnulilii of North Carol/ na, (iovcruoi- re- 

■^ ,111^ qHCstcd to fur- 

That his excellency the go\ernor, be requested to lay beiore uisu Executive 

V, ,. ,. . • 1 1 i.i' klter book and 

the house of representatives, as soon as practicable tneexecu- other documeuts. 
tive letter-book, embracing the correspondence of the go\'- 
trnor, by letter or telegram, during the years one thousand 
«ight hundred and sixty-nine and one thousand eight hun- 
dred and seventy ; and also the journal of the council of state 
■durinir said years: and likewise, all order books, muster 
rolls, pay rolls, letter books, copies of commissions and all 
papers connected therewith in the adjutant general's office 
•during said years ; and also all instructions, either general or 
special, given to detectives during said years. 

2. ' Resolved^ That the president of the senate be requested 
to communicate the foregoing resolution to the governor at 
once. 

Eatitied the 2Bth day of January-, A. D. 1871. 



HWOI.rnCiN IN FAVOR OF B. S. BUCHANAN, SHERIFF OF .lACK- 
S<)N COUNTY. 

liemlmd., {tJw Servate^ concurnng^ That B. S. Buchanan, Sheriff of Jackson 
sheriff of Jackson county, be and he is here! ly relieved from from penaulcs, 
all fines, penalties and forfeitures incurred l)y reason of his '^'"' 
/ailing to settle with and pay over to the state treasurer the 



470 1870-71 .— Resolltions. 

taxes due tor tlie year one thousand eiglit linndred and 
seventy : Provided^ The said sherift pay the said taxes by 
the second day of Febi'iuiry next. 

Ratified th.e --{Ist dav of Jaiuiarv, A. D. 1871. 



of i 
ed ' 



RESOl.l.'TfON IM FWOK i.>V V, V. KICHAKDSON, SHERIFF (Vfc- 
0<)l.t'>mUS CXJFNTY. 

Sh.iitt' uf Coinin- Rpnolmd, That y. V. Richardson, sheritf of tjie c(junty of 
kasedfrom'i^iii-- Colunibus, and tin) sureties to his bond for the collection and 
tain I'^naities. payment of the public taxes, be and they are hereby fully 
and effeolually released and discharged from the penalty of 
one thousand dollars included in the judgment obtahiec 
against tliem in the superior court of Wake county, fell term^ i 
one thousand eight liundred and seventy, for failing to pay i 
into the public tr(*aBury, within the time prescribed by la\\\ ' 
the taxes duo from said county for the year one thousand i 
eight hundred and seventy, and that the public treasurer be i 
and he is liereby authorized to allow the said sheriff commis- ( 
sions, nn'leage and pt-r d/'e/i/, for making his settlement with \ 
the public lica.suier, ajid that upon the payment ot the taxes i 
proper, due from said connty, the said judgment he in all ; 
things exe-e])t c-<;sts dl5<'liarged. i 

ReHolmd ''2d, That the said sheriff be allowed aiid e:u- \ 
powered nntjl August first, one tlunisand eight hundred aud 
seventy-une. to collect arrears of taxes for the years one 
thousand eight iiundre<i and sixty-eight, One thousand eight 
hundred aTid sixty nine and one thousand eiglit hundred anvJ 
seventy. 

Resokud, ;>«/. That this resolution shall be in force trorrt 
and after its rat iti cation. 

Ratified the :il>t day uf January. A. D. 1871. 



ISTC-'Tl.'-llKsoLtiTroxrt. *^^? 471 



^fc;XATK Kh>*or-LTI()N TO PAY KXPKNS1.> oF A. V. COVVLES Ui 
(TOINii AFTKK CHFEF JL-RTIOE PKARSoN. 

liesolved, [t.Ju Ho>(^t <>/ Rf-pie-'fenfiitli\.s r^.^^c/'.n'm^/,) Resolution to pay 
Tliat the public treasurer be authorized Xu y^y A. i). Cowles Sowfi'm-tSn 
Lis travelling expenses in waitinij upon ;nKl returning with ^^-^veiins? expenses 
tlie chief justice in accordance with a regolution of the senate. 
The chief justice's expenses to be included. 

Ratified the 31st dav of Januai'v. A. D. IsTl. 



RK!i(-.LUTI<)N IXSrKr<TTX(; TllK TKEASLKKK VoT To I'AY CKU- 
TAJ.N WAURANTS. 

Resolved hy thf General Asi^embhi of ^',>rtI^ ( 'ar(Mna, Pubik Treasurer 
That the public treasurer be. and lie !.>* lu reby instnicted ™."X^ '''''■*'*'" 
not to pay any warrant or order niade, or which may be 
rrwde upon him on account of the military <.rganization and 
movements had in this state durinir the year one thousand 
eight hundred and seventy, or on account of any person or 
persons connected therewith. 

Ratified the 31st day of January, A. !> !sTl. 



Jnstraclioaa to 



Kt!*OI.rTlON IS KL(}AKO TO lUIO I'OMTiCAi. ! 'isAUILlTIEc* OK 
i'HK HOyoRABI-K A. M. WAODKIT. AXD lloX. sioX H. ROGEKS. 

Be It reaohed hii th*- Gtnernl Aii.seiid)lij .,t NoHli Cur- 

/' T"! J. i.1 ' lusirucuoua lo 

/mna^ i hat the senators and representatives of North Oar- members of Cou- 
oh'na in the c/jngress of the ['nited States, are ro<jue8ted to wfsibiutfes^of 
use their influence to have tlic political dieal.ilities of Hon. ""•'"''<^'* ^'ect. 
A. M. Waddell, representative elect from the third con- 
gressional district, and of Ifon. Sion H. Roiicrs, representa- 
28 



4:72 187<' '71.— iiK8or,i'rR)N>. 

live elect iVoni rlie toiirth r'jiigressionni district, removed ; 
and that tlie seciet^M'v of state i? hereby directed to forward 
a co]>r of this restdiition to eacli of the senators and repre 
seutatives of Xorth ("arolina in the congress of riie Tiiited 
iSrates;. 

liatifip(! the L'd <hi\- of Kcbruary. A. 1). 1^71. 



KKSOIATIOX i.N UKiiAKli !( » i'AcKS. 

Kepcai of lesoir- Ur^ol rt'(J tsij l/i,- ^f-naii:. Tiiau a resolution o( tlie senate in 

Pages. regaj'd t<' pa<<es, authonz!u<; ttio ifeunng ot certmcates tor 

niileaire and per diem to pages, ratified 1 )ecenibei" eighth, 

one thousand eight Imndred and sixtv-t,'ight, Ixi and the same 

is hereby repcak^d. 

/ifjfio/red furth(:i\ That anv and all resolutions oi the 
senate heretofore enacted, authorizing tln^ appointment of 
pages, be and the same are herein- repealed. 
Hatitied the 10th dav ot Fe!)ruarv. A. l>. \"<7i. 



liKSOr.rTIO.X IN FA^'0K OF HENRY HKiCS. 

Pui)lic Treasuic-r It'-vilrcilhi/thcSendU (ind lJoi(x>: of Jtej)ref<enkitn;;s ((f 
i nstnicted to pay \;,,.^/, Carol Inn. That the public treasurer be instructed to 
pav [fenry Bigg-s twelve dollars, tor service* rendered as 
waiter in the supreme court roomis, from the first day of 
January to the sixteenth of January, one thousand eiglit 
hundred and ?e\enty-o!ie. 

Uatitied the l<'.th dav of Februarv. A. I*, {^li. 



Is7*i- 71. - liKx'i.; ih.:\>. 473^ 



RT':>oi.r'i!„N n> i'.w (•i»mmi>siu.nkk and ct-erk koh )-kk\ kks 
IN (UA.w [I.I.I-; .VM> iMCKsoN' (,:oN' TK.HTKi) v:r,i':< TIOX. 

Tlo: Gntcral A-^wntOi'/ <>r yi'i'fli i'ld'oliiut ih> /■>■$(//>'', Public Treasurer 
Tliat the publu- tro^f^urer ot Norm Carolnia be and no is ^ioutrsaTMlciei-k 

.1 . , , • 1 y . x' t 4-1 „ on contested ek'C- 

Hiithonzea and requircu to pay oiu. or any niuike}& iiut 0111(11- t}on in (^^nuvjue 

wise appropriated, to W. A. Allen, tbc stim of eij^hty-four dol- •;^"i''>'- 
lars, tor liis >iei-vice.- as (.-ouiniissiorier to take certain deposi- 
tions in the contested election from Granville and Person, 
performed diirinu" thirteen day> of the late recect of thiti 
i^enera] assemldy, and lor liis travellinj^ exj>cnses, and also 
to W. I*. Batchelor thirty-three <lollars in addition to his 
two dollars ]>er day, a.-^ clerk for the eonimife^iontr, for hi^ 
board and travelling expense^. 

Ratified the 'il?t dav ot Feliruarv. A. I). 1^71. 



KKSoI.r r!(i\ IN 1 .\\(iK 01 KMri.OYKKS I;V Cl.KKKS A N i i DOOR- . 

KKKi'KK.-. ^ 

//csohcfi. That the ])ui)lie treasnrer be and be is hereby r"t)ik Treasurer 

' _ '' iiuthoriiwd to y)ay ; 

ilirected, on the warrani vi' the i>residhiijj of?5cer nt each certain employees j 

. ' \ ^^ (ivutr:\\ As- I 

lioiise of this i^em'ral a.-iremhiy. i-espectively. to jsay to tiie sembly. j 

person.'^ reporlod as employed by the .jerks and d<»orkeeperfe t 

by the joint coniiniitee a)>pointed for that pnrp(.>se, to 1 
amounts reported a.- coinpensntioii i'ov tluMr .-(M'vices. 

liatiti.'(i the L'l-r d;<v >>( l-olMT.arv. A. 1). I>i71. 1 



!;r:-'ii.( TM.v i.v tanciK or \\ ;.',:. iam smit!!. 

Wheki.a,-. vViliiaDi Siiiitli. a.- <v\ forth iii his petition, 
having been emi»l(jycd hv ihe htate of N'mth Carolina to 
make the survey m< utioiifMl in th.e prayer of petition, and 



474 



1S70-'71.— Resolutions. 



Governor dirccl od 
io issue new war- 
jnnt to WiHiaiii 
:3mith. 



a \v;iiTant having been issued directing the treasurer to pay 
five hundred and tliirty-one dollars and ninety-eight cents, 
and said warrant never having come to the hands of said 
William Smith, as he makes affidavit, and never having 
')een paid by tlie treasurer, 

liesoh&d by the Senate^ {t/ie House of Eejyresentativea con- 
ctfr//ng,), That the governor be directed to issue a nevr 
Mail-ant for the sum of five hundi*ed and thirty-one dollars 
and ninety-eight cents, to the said WilHam Smith directly 
ro the treasurer, and that warrant mimber three Imndred 
and twenty-one is hereby declared null and void, and that 
the treasurer be directed not to pay the same ; Provided, 
Said sum so allowed to be paid, shall only be paid out of 
such tax fund, as is collected or may he collected under au- 
thority of chapter thirty-six, laws of one thousand eight 
hundred and sixty-eight and one thousand eight hundred 
and sixty-nine ; Pramded, That nothing herein contained 
shall authorize the treasurer to pay to said Smith the pe7' 
diem due the commissioners appointed to superintend the 
surveying of said road by the superintendent of public 
works. 

This resolution shall be in force from and after its ratifi- 
cation. 

Ratified the 2l8t day of February, A. T). 1S71. 



JOINI' RESOLUTION APPOINTING A SPECIAL COMMIITEE TO AS- 
CERTAIN THE DERT < »F THE STATE. 



Special Commit- 
tee to ascertain 
debt of States 



Section 1. The Gen-eral Assemhly of North Carolina do 
r':s,,lre. That a special committee of three on the part of the 
liouse ot representatives and two on the part ot the senate be 
Hj)pointed to examine the books of the treasurer's office and 
ascertain as follows : first, the amount of the de])t of the 
state prior to July, one thousand eight hundied and sixty- 
eight : second, the amount contracted since that time and 



1870-'71.— Resotxtion.;. 475 

in what manner, ?.nd third, the panount of tax necessary to 
meet the interest on the whole debt. 

Sec. 2. Resolved further, That said committee prepare a 
bill and present tlie same with their report, looking to the 
best and speediest adjustment of the same for the best in- 
terest of the state. 

Sec. 3. This resolution to be in force from its ratification. 

Ratified the 21st day of February, A. D. 1871. 



RESOLDTION IN KEGAKD TO J'RINTINO. 

Besolved, That no printinc; for the state by any other than Who shall be paid l 

', , ^ -, -, , , 1. ■ .. 1 n for P"'J"C pnnt- 

the party who has contracted to do the pubnc prmtmg snail ing. ] 

be paid for out of the public money; P^Y/i;^^/^^/, That the i 

SUindard newspaper ofiice shall be paid for work contracted \ 
for (and performed) before the abolition of the office of stat* 

printer, and this resolution shall be in force from the abo^i- I 

lion of the said office. j 
Ratified the 2l6t day of February, A. D. 1871. 



REtJOLUTION mSTKUCriNG SENATORS AND REQUESTING KEl'Ri:- 
EENTATIVE8 INCONGItESS TO URGE THE PASSAGE OF AN ACri' 
OF GENERAL AiD^STY. 

Whereas, In view of our present political coudition and Pimmbie. 
our relations to the general government, we are prepared to 
acquiesce in and ^rward all measures of civil polity by 
which political distinction based on color or on antecedent 
acts are abohshed ; 

1. Ktsolord Vu tloe General Aisseinthly of North Carolina^ jtepreeeuiativcsin 

. T 1 • 1 J CougrcsB to urge 

That our senators in congress are liereby mstructed, and our j^'onomi anmcsty. 
representatives requested to urge the passage ot a general 



476 187U-'7l.— .Resolutions. 

act tor tlie relief of those citizens of Nortli Oaroliri;\ ami ot 
other states, wlio are rendered inclligible to oflfice hy tlie 
tourtecnth aniendmerit to the constitution of tlic T'nited 
states from til e political disabilities wliicli said article imposes. 

2. Ilemlved fiirther, That hi>> cxcellencv the governor is 
respectively re<]uested to transmit a duly antlienticated eopy 
of these resolutions to eucli of our senatoj'to and representa- 
tives. 

llatitied the 23d day of Fehrnarv. A. I). JS71. 



T?KsoT,L'nox rt:ql'Kstijs'o membkks ok oox(,kk.ss To soMorr 

APJ^ROPRIATIONS TO KKMOVE <:)nSTHi<"i JOIN'S TKt .'M CATM'". KKAK 

KAR A^']> rA:>n,7(;o ktvkr. 

Preamble. WnKKEAs, The importance of further appropriations by 

the corigress of the United States to tlie improvement ol the 

Cape Fear bar is apparent, in view of the present unfinished 

condition of tlie work, aiid the benefits daily developing as 

it ])rogresses ; therefore 

aiesinbers of Cou- 1. Resolved hy the General As-schtbl// of JTa/ih (Jarolinay 

appropriations, That tlie seuators and representatives in congress from this 

^^' state are requested to luring the matter before their several 

houses, to urge the claims of this Avork upon the national 

government, and to solicit liberal appropriations for itsearh' 

completion. 

2. Resolved fxrtJiei', That they l.>e requested also to use 
their efforts to secure an appropriation for the removal of 
obstructions to navigation in Pamlico river, below the town 
ot Washincrton. 

o 

>\. liesolved, Tliat his excellency the governor be requested 
to transmit a cojjy of this resolution to each of tlxe senators 
and representatives in congress from this state. 

Ratified the 23d day of February, A. D. 1871. 



1ST<'--7I.— REsoi.nioNs. 47T 



-lOlN'i" Kl-X'i.iXIO.V «'OJSC>..KMN<- HKI-i' it'K THK DoDKKltErKKS 
(>!■• THK SKNATK AM' 11»>\>K (»!■ lIKl'KK-KNI'A'liV ES. 

Ii.<f<olct<l, Kthr Ho'-st' (tj litpre^entiUiviii ('.nncxn'hu/^ That A.^si3*.ai!Us to 

' , . ' . D<iorkceptT3 tu 

"tlie 'ao<.)rkeeiK'r ul tl)e senate and ht;>use ot representatives, t.p eTnpioyed. 

with tlie HSeent c.f tin*, prc^idiiiii' oliicers oi the resi)cn'tive 

iioiises. be aiul thev are hereljy a-.itbori/ed and empowered 

to employ eaeli three additional assistants aV two dollars per 

I lay each. 

Ratified the 2."d day ol' Kebrnai-y, A. D. 1871. 



KKSOl.L TIoX IN KBI-A'I'ION TO 'WW. i'AYMKNl' 0> ASSISTANTS 
EMPLmYK1> V,\ TMi: IKioKKEEI'ElC TO TKKSEUVK nr.DKS AND 

J. 77/* ■ Oeruntl Axxtiiil}!)/ <>t' SorLh ('aroHna do resohe, Payment of Aa- 
' . , • , 1 sistant Door- 

Ibat upon th<3 approval by the })re6ident ot the senate and keepers. 

•clerk of any account presented by the doorkeeper for services 

of any assistant in preservinf^ ordei-, not exceeding two dol- 

lai'S a day, And the u^sual fee allowed lo tlie sheriffs for serving 

HBiil>p^e/jii« and actual and necessary expense? incurred in 

tin veiling, tljC guvernoi- shall issue a warnint upt.tn the treas- 

^er for the amount so approved, and the same shall be paid 

•out of any money not otherwise appropriated. 

2. This resolution shall be in force from and alter its rati- 
-fi cation. *■'■ . 

Katilied the 2;M day of February, A. D. 1871. ^ 



478 



187<>-'Tl.--KErt.)M;'i'ioKf 



KESOI.rTlON !]\ KAVoR OF K. K. JONES, SIMICIFK OK 'IVRK?:!,!. 

ecu NTV 

Sheriff of Tyrrell IitJiHolced, [h't> ^\-/n(^t r(/u<-f rr' n-f^) Tiiai V. V. JoilCS, 
county relieved ^ • xx' i.- n-y n i i i • i i i- i ,.' 

from penalties. siieriii 01 lynvll ■•o;nit\-, be atnj {)■•: :s ln-iv-hy ivliev-ed irom 

aR tinefc", penalties aiul fort'eitine.-- iiK-ni'iMl liv reason of liis 

failing to settle wiili and pay (;'.('. \o the .state treasurer tlie 

taxes duo tor the your one ilions<ind eiu'lit hundred and 

seventy; /^v/r/VA-//, The said slieriti' jjay tlie wild taxes by 

the first day of Mareli next. 

Batitied tlie 25tli day of Febrviarv, A. I >. 1^71. 



RESOLUTION lo IsNt^l HiK l-N'T*-^ 'rHK SAI.K <)!■ M\V. S'IATE's 
STOCK OF THK (.API-: YY.A}i. KAVKJA'IION CoVIVANV AiV]> OTKEK 
MATTP:RS OOxN'Nl'f 'IKD THKKEWrrH. 



Joint Committee 
to enquire into 
sale of State's 
gtock. 



ResoJ/ued, I'liat a joint select coniiuittee of two on the 
part of the senate and three on the pai-t of the hoiiae of 
representatives he appointed to investigate the sale of the 
stock of the static in the Cape Fear Navigation Company, to 
inquire how the information ordered })y the general assembly 
at its session of one thousand eight hundred and sixty-six 
and one thousand eight hundred and sixty-seven, oame to 
be dismissed, and v/hether that information ought not to be 
reinstated upon the docket of Oumberland ;?uperior court 
and prosecuted to a termination ; whether said sale was 
made with the outside understanding that the liver was to 
be made a free river; whether unfair prnoticeb were or were 
not resorted to to induce and complete that .sile ; and that 
said committee have all the powers couteri.'ed on theai ta 
enable them to pi-osecute this investigation, iiSM-iug notice of 
its settings to all interested in this investigaition ; and that 
said committee be instructed to report by'bil;]; ox otherwise.. 

Katiiied the 2d day of March. A, D. ISXl, 



1879-'71.— Resolutions. 479^ 



RESOLrTION FN FAVOK OT ALPLXANDEK M. TT'RN'KK. 

Rtsolvcd hi/ iite Gehtral AssevMy of North CaroUna^ in favor of Alex. 
,T]iat the public treasurer be and he is hereby authorized 
and directed to pay to Alexander M. Turner the euni of 
fifty-nine (50 1 dollars, upon his liling witli said treasurer the 
written authority of B. F. Moore to draw the sanie, 

Ratilied tlie 2ud day ot Marcli, A. D. 1871. 



RESOI.UTION IN FAV(JK OF P:DWAJ10 F. O^DERHILL. 

1. Jie.Holr.td J>(/ the General A meiiibly^ Tliat tlie treasurer Rceolution in fa- 
be and he is liereby directed to pay to Edward F. Under- [S"ciedinL'^*"^ *" 
hill from time to time such sums of money as may be due 

to him for services rendered as stenographer in copying the 

proceedings of the court of impeachment for the trial of W. 

W. Holden, governor of North Carolina, upon presentation 

of