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Full text of "Public laws of the State of North-Carolina, passed by the General Assembly [serial]"

THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 




THE COLLECTION OF 
NORTH CAROLINIANA 



N87 
1871-72 



UNIVERSITY OF N.C. AT CHAPEL HILL 



00035473353 






This book must not 
be taken from the 
Library building. 




PUBLIC LAWS 



OP THE 



STATE OF NORTH CAROLINA, 



PASSED BY THE 



GENERAL ASSEMBLY 



AT ITS 



SESSION 1871-72, 



BEGUN AND HELD IN THE 



CITY OF RALEIGH, ON THE ' TWENTIETH DAY OF MEMBER, 18! 



to wnrcn are prefixed 

A REGISTER OF STATE OFFICERS, MEMBERS OF THE GENERAL ASSEMBLY AND 
JUDICIARY, AND A LIST OF COMMISSIONERS OF AFFIDAVITS. 



1*1 SII.ISUKH BY aiTSIOItlTW 



R A LE EGPH: 

V, STATE PRINTER AND BINDER 



REGISTER OF STATE OFFICERS, 

MEMBERS OF THE GENERAL ASSEMBLY, 

AJSTD THE 

JUDICIARY, 

FOE THE YEAR 187CJ. 



OFFICIAL EEG'ISTEE 

FOR THE 

YEAR 18T2. 



STATE GOVERNMENT. 

Tod R. Caldwell, Burke County, Governor. 

E. J. Warren, Beaufort County, President ot the Senate. 

H. J. Mennectger, Craven County, Secretary of State. 

Henderson Adams, Davidson County, Auditor. 

D. A. Jenkins, Gaston County, Treasurer, 

C. L. Harris, Rutherford County, .... Sup't Public Works. 

Alexander MoTver,. .Mecklenburg County,. .Sup't Public Instruction. 
W. M. Smrp, Mecklenburg County, . . . Attorney General. 



THE JUDICIARY. 



SUPREME COURT. 

NAMES. RESIDENCES 

Richmond M. Pearson, Chief Justice,.... Richmond Hill, Yadkin Co., 

Ed. G. Reade, Associate Justice, Roxboro', Person County, 

Wm. B. Rodman, Associate Justice, Washington, Beaufort County, 

Bobt. P. Dick, Associate Justice, Greensboro, Guilford County. 

Nathaniel B<»yden, Associate Justice, Salisbury, Rowan County, 

W. M. Shut, Reporter, Mecklenburg County. 

W. II. Bagley, Clerk, Raleigh, Wake County. 

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



VI BEGI6TEB OF 6TATE OFFICERS. 

SWERIOR COURTS. 

DISTRICT. NAMES. RESIDENCE. 

1 Charles C. Pool, Elizabeth City, 

2 W. A. Moore, Edenton, 

3 W. J. Clarke, Newbern, 

4 Daniel L. Russell, Wilmington, 

5 Ralph P. Buxton, Fayetteville, 

6 Samuel "W. "Watts, Franklinton, 

7 Albion "W. Tourgee, Greensboro', 

8 John M. Cloud, Rockford, Surry County, 

9 Geo. W. Logan, Rutlierfordton, 

10 Anderson Mitchell, Statesville, 

11 James L. Henry, Asheville, 

12 Riley H. Cannon, Franklin, Macon County. 



DISTRICT SOLICITORS. 

1 J. W. Albertson, Hertford, 

2 Joseph J. Mae/tin, Williamston, 

3 John V. 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, Danbury, 

9 "W. P. Bynum, Lincolnton, 

10 W. P. Caldwell, Statesville, 

11 Virgil S. Lusk, Asheville, 

12 R. L. Henry, Franklin. 



REGISTER OF 8TATE OFFICERS. 



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REGISTER of state OFFICERS. 



HOUSE OF REPRESENTATIVES. 
Titos. J. Jaevi8, Tyrrell Comity, Speaker. 



t. OUNTIES. 


NAMES OF MEMBERS. 


RESIDENCES. 


Alamance, 


Col. A. C. McAlister, 


Company Shops, 


Alleghany, 


Robert Gambill. 


Gap Civil, 


Ashe, 


Dr. J. O. Wilcox, 


Jefferson, 


Alexander, 


J. M. Carson, 


Taylorsville, 


Anson, 


Wm. E. Smith, 


Morven, 


Beaufort, 


Thomas Sparrow. 


Washington, 


Bertie, 


P. Bobbins. 


Windsor, 


Bladen, 


A. W. Fisher, 


Elizabethtown, 


Brunswick, 


John A. Brooks, 


Little River, S. C. 


Buncombe, 


A. D. Johnston. 


Asheville, 


Burke, 


J. C. Mills, 


Morgan ton, 


Cabarrus, 


J. L. Henderson, 


Concord, 


Caldwell, 


Ed. Jones, 


Patterson, 


Camden, 


John L. Chamberlain, 


Camden C. II. 


Carteret, 


L. W. Martin, 


Beaufort, 


Caswell, 


E. A. B. Withers, 


Yancey ville, 


Catawba, 


K. R. B. Houston, 


Catawba Station, 


Chatham, j 


R. J. Powell, 
John A. Womack, 


Pittsboro', 
Pittsboro', 


Cherokee, 


B. K. Dickey, 


Murphy, 


Chowan, 


John Page, 


Edenton, 


Clay, 


J. S. Anderson, 


Fort Ilembree, 


Cleaveland, 


Lee M. McAfee, 


Shelby, 


Cabarrus, 


C. C. Gore, 


Whiteville, 


( 


Richard Tucker, 


Newbern, 


Craven, 


E. K. Dudley, 


Newbern, 


I 


Geo. B. Willis, 


Newborn, 


Cumberland, ■] 


C. W. Broadfoot, 
J. IT. Currie, 


Fayette ville, 

Fayette ville, 


Currituck, 


J. Woodhouse, 


Popular Branch, 


Davidson, 


Jacob Clinard, 


Midway Post Office, 


Jacob T. Brown, 


Lexington, 


Davie, 


Jas. Kelly, 


Mocksville, 



REGISTER OF STATE OFFICERS. XI 

HOUSE OF REPRESENTATIVES.— {Continued.) 



COUNTIES. 


NAMES OF MEMBERS. 


RESIDENCES. 


Duplin, 


John D. Stanford, 


Kenansville, 


N. E. Armstrong, 


Hallsville, 


Edgecombe, - 


R. M. Johnson, 
W. Bunn,^ 


Tarboro', 
Battleboro', 


Forsythe, 


John P. Nisson, 


Salem, 


Franklin, 


John H. Williamson, 
James T. Harris, 


Louisburg, 
Pacific, 


Gaston, 


J. G. Gullick, 


South Point, 


Gates, 


Riddick Gatling, 


Gatesville, 


Granville, I 


E. B. Lyon, 


Franklinton, 


T. L. Hargrove, 


Oxford, 


I 


W. H. Reavis, " 


Henderson, 


Greene, 


B. S. Hardy, 


Snow Hill, 


Guilford, -j 


Jonathan Harris, 


Westminster, 


S. C. Rankin, 


McLeansville, 


Halifax, - 


J. J. Good wy u, 


Halifax, 


John Bryant, 


Halifax, 


Harnett, 


Neill S. Stewart, 


Aversboro", 


Haywood, 


W. P. Welch, 


Waynesville, 


Henderson, 


W. Brownlow Morris, 


Hendersonville, 


Hertford , 


W. Newsom, 


Win ton, 


Hyde, 


W. H. Lucas, 


Lake Landing, 


Iredell, j 


J. H. Hill, 


Statesville, 


Thos. A. Nicholson, 


Eagle Mills, 


Jackson, 


T. D. Bryson, 


Webster, 


Johnston, 


Jesse Hinant, 
W. H. Joyner, 


Earpsboro", 
Boon Hill, 


Jones, 


B. L. Bryan, 


Kinston, 


Lenoir, 


W. F. Lof'tin, 


Kinston, 


Lincoln, 


David Kincaid, 


Castania Grove, 


Macon, 


J. L. Robinson, 


Franklin, 


Madison, 


Nat. Kelsey, 


Ivey, 


Martin, 


Geo. A. Gregory, 


Hamilton. 


McDowell, 


J. C. Grayson, 


Bridgewater, 


Mecklenburg, -! 


R. P. Waring, 
J. Sol. Reid, 


Charlotte, 
Providence, 


Mitchell, 


S. M. Collis, 


Bakersville, 


Montgomery, 


J. G. Morgan, 


Sandersville, 


Moore, 


Alexander Kelly, 


Carthage, 


Nash, 


J. A. Drake. 


Ililliardston, 



XII KEOiSTEK OF STATE OFFICERS. 

HOUSE ( >F REPRESENTATIVES.— (Continue?.) 



COUNTIES. 



NAME8 OF MEMBERS. 



RESIDENCES. 



New EEanover 
Northampton, 

! >!lsloW. 

< )range, 

Pasquotank, 
Perquirtfans, 
Person, 

Pitt. 

Polk, 

Randolph, 

Richmond, 

Robeson, 

Rockingham, 

Rawan, 

Rutherford, 

Sampson, 

Stanly, 

Stokes, 

Surry, 

Transyvania, 

TyiTc'll. 

Union, 

Wake. 

Warren, 

Washington. 
Watauga. 

Wayne, 



^ Samuel A. Ashe, 

J. A. FXeaton, 
/ G. L. Mabson, 
* Samuel X. Buxton, 
/ Burton II . Jones, 

James ( i. Scott, 
j F. N. Strudwick, 
( 0. C At water. 

Thomas A. Svkes, 

T. E. Darden, 

II. T. Jordan, 
\ B. S. Atkinson, 
/ C. Jovner, 

i John Garrison, 
j Jonathan Lassiter, 
j JJ. W. Bean, 

Robert Fletcher, 
j i Thomas A. McNeill, 
"( |H. B. Regan, 

A. B. Johns, 

David Settle, 

W. II. Crawford, 

F. N. Lucke}', 

J. M. Justice, 

J. R. Maxwell, 

John Fnrr, 

J. G. PI. Mitchell, 

II. C. Hampton, 

J. C. Duckworth, 

T. J. Jarvis, 

C. M. J. McCauley. 
| S. F. Phillips, 

! T. AY. Young, 
j W. W. Morgan, 
I Stewart Ellison, 
j W. M. Cawthorne, 
| Richard Faulkner, 

D. C. Guyther, 
W. F. Shull, 

\ iD. E. Smith, 

I 'Edwin G. Copeland, 



Wilmington, 

Wilmington, 

Wilmington. 

.Jackson. 

Jackson, 

Jacksonville, 

Hillsboro', 

Snipe's Store, 

Elizabeth City. 

. Bel v id ere, 

Roxboro', 

JGreenville, 

{Marlboro 1 , 

jColumbus, 

[Lassiter's Mills, 

Rockingham, 

Shoe Heel, 

Lumber ton, 

Leaksville, 

Wentworth, 

Salisbury, 

Salisbury, 

Ruthertorclton, 

Dismal, 

Albemarle, 

Red Shoals, 

Mount Airy, 

Brevard, 

Columbia, 

Monroe, 

Raleigh, 

Raleigh, 

Raleigh, 

Raleigh, 

Warren ton, 

Warrenton, 

Plymouth, 

Valley Crucis, 

Dudley Depot, 

Goldsboro", 



REGISTER OF STATE OFFICERS 

HOUSE OF BEPEESENTATIVES.— (Continued 



XIII 



COUNTIES. 


NAMES OF MEMBERS. 


RESIDENCES. 


Wilkes, 
Wilson, 
Yadkin, 
Yancey, 


Tyre York* 
J. W. Dunham, 
J. G. Marler, 
C. F. Yonng, 


Trap Hill, 

Wilson, 
Yadkin vi lie, 
Burnsville, 



LIST 

OF 

COMMISSIONERS OF AFFIDAVITS 

IN THE 

SEVERAL STATES AND TERRITORIES 

AND IN THE 

DISTRICT OF COLUMBIA, 

FOK r lHE 

STATE OF NORTH CAROLINA. 



COMMISSIONERS OF AFFIDAVITS. 



XVII 



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COMMISSIONERS OF AFFIDAVITS. 



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COMMISSIONERS OF AFFIDAVITS. XIX 



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February 17 
December 15, 
March 15, 
November 11 
December 16 
November 12 
December 27 
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November 11 
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NAME. 


Joseph T. Brown, 
J. I). Morrell, 
Thomas Kilvert, 
C. II. Smith, 

E. Bizzle, 
James Wade, jr., 
J. B. Konklin, 
A. II. McGuffy, 
Samuel S. Carpenter, 
Samuel E. Crawlord, 
Kinley J. Turner, 
Joshua Sperring, 
Charles Chauncey, 
Edwin Shippin, 
Theo. D. Hand, 
Samuel S. Taylor, 
John McLaren, 

F. Herbert Janvier, 
Henry Phillips, jr., 

G. W. Barton, 
Samuel B. Huey, 
Joseph Erankisii, 


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CAPTIONS 



TO THE 



PUBLIC LAWS OF NORTH CAROLNA. 



CAPTIONS 



TO THE 



PUBLIC LAWS AND RESOLUTIONS. 

SESSION 1371-'72. 



Page. 

An act concerning the probate of deeds and the private examination of Cautions rmblic 

marrried women beyond the limits of the State of North Carolina, 1 laws. 

Act to amend the charter of Raleigh and Gaston Railroad Company, 2 

Act concerning the jurisdiction of the Superior Courts, 3 

Act to amend the laws of evidence, 4 

An act to amend an act entitled an act to change the time of holding the 

Superior Courts of New Hanover county, 4 

An act to change the time of holding the Superior Courts of Alamance 

county, 5 

An act authorizing the Petersburg Railroad Company to erect a bridge 

across Roanoke river, 6 

An act to authorize the Commissioners of Perquimans county to issue 

bonds to fund and pay the county debt, 7 

An act to require the Commissioners appointed by act of General Assem- 
bly of twenty-fourth March, one thousand eight hundred and sev- 
enty, to report to the Governor arid for other purposes, S 

An act to amend and re-enact an act to incorporate the Flat Swamp Locks 

Creek and Evans' Creek Canal Company, of Cumberland county, 171 

An act to empower the Commissioners of Randolph and Davidson to 

establish the dividing county line, 10 

An act concerning the Chatham Railroad Company, amendatory of 

certain acts and authorizing a change of name, 10 

An act to insure the early printing of the laws, 13 

An act to consolidate the Planters' Rnilroad Company and the Wilming- 
ton and Onslow Railroad Company, 14 

An act to authorize the Commissioners of Bertie county to issue bonds, 17 

An act to amend section one, chapter two hundred and seventy-three of 
the laws of one thousand eight hundred and sixty-eight and one 
thousand eight hundred and sixty-nine, entitled an act to provide for 
holding special terms of the Superior Court, 19 



XXVI CAPTION-. 

Page- 
ins public An act for the general relief of sheriffs ami tax collectors, ^0 

An act to regulate the time of holding the municipal elections in the 

town of Fayetteville, 21 

An act to incorporate the Border Ra ; lroad Company, 'Jl 

An act to amend chapter twenty-nine of tht; laws of one thousand eight 
hundred and seventy and one thousand eight hundred and seventy- 
one, entitled an act to authorize the construction of a turnpike road 
from Malone and Wilson's store, in McDowell county, to Flat creek, 
in Buncomhe county, 24 

An act in favor of James J. Moore, sheriff of Granville county, J. M. 
Bateman, sheriff of Washington county, and V. J. Satchwcll, sheriff 
of Beaufort county, 26 

An act to amend an act entitled an act to incorporate the Ashevllle and 
Va. Railroad Company, being chapter two hundred aud forty-two, 
laws of one thousand eight hundred anl seventy aud one thousand 
eight hundred and seventy-one, 27 

An act to authorize the County Commissioners of Hertford to levy and 

collect a special tax, 2S 

An act for the relief of the sheriff of Bladen county, 28 

An act concerning joint contracts, 29 

An act to amend the charter of the North Western North Carolina Rail- 
road Company and for other purposes, 29 

An act t» authorize the payment by the treasurer of costs in cases where 
the State appeals or sues out writs of error to tho Supreme Court of 
the United States, 32 

An act to authorize the City of Wilmington to fuud the city debt and 

issue bonds, -Vi 

An act to re enac 1 the provisions of .section fifteen, chapter thirty-seven 

of the Revised Code, 34 

An act to amend section four, chapter thirty-five, Revised Code, in rela- 
tion to fugitives from justice, 35 

An act to allow the transfer of certain causes iu the State Courts of 

Eqxiity in this State, UG 

An act to amend section three hundred and three, Code of Civil Pro- 
cedure, 36 

An act to change the time of holding the Superior Courts in the several 

counties composing the third judicial district, 37 

An act to change the time of holding the courts in the counties of Gran- 
ville and Nash, f.S 

An act for the collection of arrears of taxes in the, county of Jackson, 39 

An act to erect a toll-gate between Franklin, North Carolina, and Clay- 
ton, Georgia, 40 

An act to change the line between the counties of Mitchell aud Yancey, 41 

An act to amend an act of proceedings in criminal cases, laws of one' 
thousand eight hundred and sixty-eight and one thousand eight hun- 
dred and sixty-nine, 41 

An act to amend the charter of the Western Railroad Company, 43 

An act to amend the thirty-second section of the thirty-fifth chapter of 

the Revise Code, 43 

An act to incorporate the Charlotte and Taylorsville Railroad Company, 44 



XXVII 
CAPTIONS. 



4'.) 



51 



54 



Page. 
A, act to amend ,n act aatboriztag A. 0— h*— o. Ceave^d ^ CapUous puttie 

county to issue bonds, _ >,nnrU 4S 

An act to authorize the Commissioners of Lincoln county tc^sue bonds 
An act to amend section fifteen, chapter twenty, of the special session 

of one thousand eight hundred and sixty eight, 
An act supplementary to an act in relation to the Lunatic Asylum tang 

chapter sixty-seven, laws of one thousand eight hundred and srxt 3 

eight and one thousand eight hundred and sixty-nine. 
An act for the relief of such persons as have suffered from loss of 

records in Clay county, 
An act to amend chapter eleven, Code of Civil Procedure, 
An act supplementary to an act entitled an', act to amend fhiA-ted 

the North Western North Carolina Railroad Company, and .or other 

An Icfto 'amend "an act to incorporate the Greenville and French 

Broad Railroad Company," 
An act 10 provide for the collection of taxes by the State and the 

several counties of the State on property, polls and income, 
An act to validate the revisal of jury lists and for other purposes 
An act to legalize the acts of the County Court of Alleghany and other 

counties' in the State held in the months of April, May and June, one 

thousand eight hundred and sixty-eight, 
An act to lay out and establish a turnpike in the counties of cacnden 

and Currituck, „" 

An act to alter the constitution of North Carolina, 
An act authorizing the Commissioners of Robeson county to adjust the 

debt of said county, 
An act to construct a turnpike road from Marion, in the county of Mc- 
Dowell, to Burnsville, in the county of Yancey, 
An act to repeal an act passed at the present session and ratified on the 
fifteenth day of January, one thousand eight hundred and seventy- 
two and entitled an act supplementary of an act to amend the 
charter of the North Western North Carolina Railroad Company, and 
for other purposes, and to fill certain blanks, 
An act to provide for the publication of an act to alter the Constitution 
of North Carolina, 

An act to raise revenue, ™ 

An act in favor of E. Murrell, sheriff of Onslow, ™° 

\n act to provide for the service of process issuing from Courts of Jus- 
tice of the Peace in civil cases where one or more of the defendants 
may reside out of the county in which the action is brought, 100 

An act supplemental to an act entitled an act to incorporate the Elizabeth 
City and Norfolk Railroad, ratitied the twentieth day of January, 
in the year of our Lord one thousand eight hundred and seventy, 
An act for the support of the Insane Asylum of North Carolina for the 
fiscal year ending thirty-first December, one thousand eight hundred 
and 6eventy-two, 
An act to provide for the laying off and construction of a public high- 
way in the counties of Burke and Mitchell, 



78 

'9 

>1 

36 

87 

89 

'.10 

.10 



107 

108 
109 



XXVIII CAPTIONS. 

Page. 
Captions public An act to amend " an act to restore and reinstate records of the several 
* aws ' courts iu the State destroyed during the late war, 112 

An act to authorize the Commissioners of Nash county to levy a special 

tax, 113 

An act to empower the County Commissioners to extend the time for 

collecting the county taxes, 113 

An act concerning representation in the House of Representatives, 114 

An act to prevent the reckless destruction of deer, 115 

An act to authorize the secretary of State to issue a patent to L. Cahoon, 

Elizabeth City, llfi 

An act to authorize the Commissioners of Stokes county to issue bonds, 117 
An act to create a Finance Committee in the several counties of the State, 118 
An act to allow the Commissioners of Anson county to levy a special tax, 120 
An act to amend an act to authorize the Commissioners of Bertie county 
to issue bonds, ratified twentieth day December, one thousand eight 
hundred and seventy-one, 119 

An act to amend the Code of Civil Procedure, 121 

An act to regulate proceedings in mandamus, 123 

An act to incorporate the Yadkin and Dan River Railroad Company, 124 

An act to establish a new county by the name of Graham, 127 

An act to charter the Upper Division of the Yadkin Railroad Com- 
pany, 128 
An act to change Sampson county from the fourth to the sixth judicial 

district, 129 

An act in relation to vacant lands in Macon and other counties, 130 

An act for the relief of Bryan Kellum, 131 

An act to authorize the County Commissioners of Brunswick county to 

issue bonds, 133 

An act to repeal section eleven, chapter one hundred and eighty-five, acts 
of one thousand eight hundred and sixty -eight and one thousand 
eight hundred and 6ixty-nine, 134 

An act to revive an act passed at the session of one thousand eight hun- 
dred and sixty and one thousand eight hundred and sixty-one, to 
establish the line between the counties of Wayne and Greene, 134 

An act concerning the poorhouse of the county of Surry, 135 

An act to enable the Commissioners of Burke and McDowell counties to 

consolidate the debts of their respective counties, 136 

An act declaring Yadkin river a lawful fence, 136 

An act to authorize the Western Railroad Company to open to naviga- 
tion the waters of Lower Little river and its tributaries, 137 
An act in relation to Stokes, Rockingham and Chowan County Commis- 
sioners, 138- 
An act to incorporate the Brevard and Waynesville Turnpike Company, 13& 
An act to amend section eight, chapter forty-four, Revised Code, entitled 

evidence, 141 

An act to punish the obtaining of goods by false pretences, 141 

An act for exchanging the stocks of the State for bonds with which such 

stocks were obtained and for other purposes, 143 

An act in regard to delinquent Sheriffs and Tax Collectors and to vali- 
date certain acts of the State Treasurer, 145- 



CAPTIONS. XXIX 



Page. 



An act to amend chapter two hundred and thirty-three, laws of one Captions public 

thousand eight huudred and seventy and one thousand eight hun- laws, 

dred and seventy-one, entitled an act regulating the appointment 
of guardians ad litum, 14li 

An act to authorize the County Comissioners of Union county to levy a 

special tax, 148 

An act to legalize the acts of the Justices of Rowan and other counties, 149 

An act making an appropriation for the Deaf, Dumb and Blind Asylum, 149 

An act supplemental to an act to raise revenue, 150 

An act to prevent the catching of oysters, &c, in Far creek, county of 

Hyde, 151 

An act concerning the annexation of a portion of IVlacon county to the 

county of Clay, 151 

An act to amend section seven, chapter two hundred and thirty-seven, 
laws of one thousand eight hundred and sixty-eight ana one thou- 
sand eight hundred and sixty-nine, entitled an act to establish the 
days and places for selling real property under executions and for 
other purposes, 152 

Ar. act amendatory of an act entitled an act to incorporate the Hia- 

wasse and Cheoah Turnpike ' ompany, 153 

An act to authorize the Commissioners of Watauga county to levy a spe- 
cial tax, 153 

An act to authorize the County Commissioners of Camden county to 

levy a special 1 ax, 54 

An act to legalize the acts of Geo. D. Reynolds, Entry Taker for claims 

of land in Alleghany county, 154 

An act for the relief of the tax payers of Madison county, 155 

An act supplementary to and amendatory of an act entitled an act to 
raise revenue, ratified the — day of January, year of our Lord one 
thousand eight hundred and seventy-two, and for other purposes, 155 

An act to change the line between the counties of Ashe and Alleghany, 15G 

An act to regulate the times of holding the terms of the Superior Court * 
in the eleventh and twelfth judicial districts, 157 

An act to amend an act to charter the High Shoals Railroad Com- 
pany, pas ed at the session of one thousand eight hundred and 
sixty-six, and ratified the nineteenth of February, one thousand 
eight hundred and sixty-six, 15U 

An act to abolish the office of Supreme Court Reporter and for other 
purposes, 1U0 

An act repealing chapter one hundred and four, public laws of oue thou- 
sand eight hundred and sixty-eight and one thousand eight hun- 
dred and sixty-mine, ig(j 

An act authorizing "the County Commissioners of Alleghany county to 

levy a special tax, 161 

An act to amend the charter of the Atlantic, Tennessee and Ohio Rail- 
road Company in North Carolina, ratified the third day of February, 
one thousand eight hundred and sixty-nine, joi 

An act to re-enact an act entitled an act to incorporate the Orapeake 
Canal and Turnpike Company, ratified the eighteenth of January, 
one thousand eight hundred and forty-6even, !(;> 



XXX CAPTION-. 

Page. 

Captions public Au act to amend chapter eighty-five of the Revised Code, entitled Pilots, lC'o 
laws'. An act to prevent the sale of spirituous liquors within two miles or less 

of either Ock Nock Furnace or Buck Horse Iron Mine, 163 

An act to authorize the County Commissioners of Sampson county to 

levy a specia] tax, 164 

An act to prevent deputy or assistant clerks from practicing asattorne; s 

at law in the counties in which they act as deputy or assistant clerks, 164 
An act to amend an *<ct entitled an act to provide for limited partnerships 

ratified the day of February, one thousand eight hundred and 

sixty one, 165 

An act concerning the Roleson county outlaws, 166 

An act to repeal chapter two hundred and twenty-seven of the laws of 
one thousand eight hundred and sixty-nine and one thousand eight 
hundred and seventy, entitled an act to provide for taking the depo- 
sitions of witnesses in civil actions and special proceedings in the 
several courts of the State, 107 

An act to authorize E. G. Grier, late sheriff of Mecklenburg county, to 

collect arrears of taxes, 167 

An act to authorize the Commissioners of Onslow county to levy a spe- 
cial tax, 168 
An act to authorize the Commissioners of Greene county to levy a spe- 
cial tax to pay off the debt of the county, 169 
An act to prevent the sale of spirituous liquors within one mile of the 

corporate limits of; the town of Lenoir, in Caldwell county, 10'.) 

An act to prevent the sale of spirituous liquors within one mile and a 

half of St. Paul's Church in the county of Robeson, 170 

An act to charter the Carolina Narrow Gauge Railroad, 173 

An act to enable theJWilmington, Charlotte and Rutherford Railroad Com- 
pany to complete its road and extend its road to the Tennessee iine, 177 
An act to establish and lay off a new county by the name of Pamlico, 180 
An act to amend the Fayetteville and Florence Railroad, 1S1 

An act to create a Board of Commissioners of Navigation for the ports 

of Ocracoke and Hatteras Inlet, 1S3 

An act to amend an act entitled an act to pay expense of idiots and 
lunatics incui red by counties in certain cases, ratified twenty-eighth 
March, in the year of our Lord one thousand eight hundred and 
seventy, 184 

An act requiring clerks of Superior Courts to have their offices opened 

every Monday for the transaction of probate business, 185 

An act to re-enact and continue in force an act entitled an act to em- 
power the Commissioners of Cumberland county to levy a special 
tax, ratined twenty-fourth February, one thousand eight hundred 
and seventy, 185 

An act to authorize the formation of Railroad Companies and to regu- 
late the same, 1S6 
An act to prohibit the feeing or cutting trees into the run of Upper 

Broad creek, Craven county, 21S 

An act to repeal chapter two hundred and forty-seven, laws of one 
thousand eight hundred and seventy and one thousand eight hundred 
rod seventy-one, 213. 



CAPTIONS. XXXI 

Page. 
An act to make Dutchman's creek a lawful fence to a certain extent in Captions public 

the county of Davie, 210 laws - 

An act to construct and establish a Turnpike Road from Catawba Vale, 

in the county of McDowell, to Fair View, in Buncombe county, 220 

An act to repeal chapter two hundred and sixty-seven, laws of one thou 
sand eight hundred and sixty-eight and one thousand eight hundred 
and sixty-nine, 221 

An act to annex a part of New Hanover county to Sampson county, 222 

An act to define and punish the crime of embezzlement, 223 

An act relating to the fees of the Superior Court clerks, 224 

An act to provide, in certain cases, an allowance for improvements, 225 

An act to incorporate the Beech Swamp and Scolland Neck Railroad 

Company, 228 

An act authorizing the Commissioners of Montgomery ccunty to levy a 

special tax, and to issue bonds, 281 

An act to aid in the completion of the Western Division of Western 

North Carolina Railroad, 233 

An act to incorporate the New River Canal Company, 237 

An act to prevent the obstruction of fish in the waters of Black river and 
Six Rims, in the counties of New Hanover, Sampson, Cumberland 
and Harnett, 241 

An act to legalize the acts of certain county officers in Macon and Jackson 

counties, pending the organization of Swain county, 242 

An act to change the county line between Cherokee and Swain, near the 

residence of Jefferson George, 242 

An act to authorize the Commissioners for the county of Franklin to 

convey to the trustees of Trinity Church certain land, 248 

An act to amend section seven, chapter one hundred and twenty-nine, 
laws of one thousand eight hundred and sixty-nine and one thousand 
eight hundred and seventy, 243 

An act to improve and construct a public road from Jefferson, in Ashe 

county, to the mouth of Phcenix creek, 244 

An act to promote the mining interests of the State. 245 

An act to change the time of the annual meeting of the Board of Di- 
rectors of the Insane Asylum, 247 
An act supplementary to an act entitled an act to raise revenue, ratified 
the twenty- fifth day of January, one thousand eight hundred and 
seventy-two, 248 
An act to transfer certain cases left undisposed of by the late County 

Couits, 241) 

An act authorizing the construction of a toll bridge across the Cape 

Fear river at Lillington, Harnett county, 249 

Ah act to lay off, alter and establish a public road from the town of 
Statesvillc, in Iredell county, to the town of Wilkesboro', in Wilkes 
county, 251 

An act to amend an aci entitle! an act to authorize Albemarle Swamp 
Land Company to construct a railroad from Pautego to Indian river 
in Beaufort county, 258 ' 

An act to change the tenth and eleventh judicial districts, 254 



XXXII CAPTIONS. 

Pag 3. 
Captions pub'ic An act to prohibit the sale of intoxicating liquors in the town of Swans- 
aw<5- boro', or within six miles thereof in tne county of Onslow, 355 

An act to amend section two, chapter sixty-six of public laws of one 
thousand eight hundred and sixty-nine and one thousand eight hun- 
dred and seventy, 

An act concerning the taxation of Banks, 250 

An act forthe better regulation aud protection of the Public Libraries 85? 

An act supplemental to an act entitled an act to annex a portion of Ma- 
con county to Clay county, 258 

An act to divide North Carolina into eight congressional districts, 259 

An act to lay out and construct a public road from Phillips' Gap, on the 

Blue Ridge, to Hamilton's Mills, Ashe county, 260 

An act to amend secticu one hundred and thirty-one of the Code of 

Civil Procedure. 261 

An act concerning representation in the Senate, 

An act supplemental to an net passed at the present session of the Gen- 
eral Assembly,- entitled an act to lay off and establish a new county 
by the name of Graham, 264 

An act to incorporate the Halifax and Scotland Neck Railroad Com- 
pany, •::« 

An act to incorporate the Newborn and Beaufort Canal Company, 272 

An act to incorporate the Raleigh and Fayetteville Railroad Company, 276 

An act for the relief of Express Companies, 2S0 

An act to establish the rates of the Public Printing and for other pur- 
poses, 381 

An act to authorize and empower the government of the United States 
to purchase and hold lands in North Carolina for the purpose of a 
National Cemetery, 2S4 

An act supplemental to an act to lay off and establish the new county 

of Pamlico, 285 

An act to prevent the felling of trees into the waters of Uwharrie river, 

Randolph county, and the throwing of other obstructions therein, 200 

An act for the better protection of oysters aud terrapins in the waters of 

North Carolina, 200 

An act concerning election and registration in the year of our Lord one 

thousand eight hundred and seventy-two, 202 

An act to amend sections nine, eleven and thirteen, chapter one hundred 
and eighty-nine, laws of one thousand eight hundred aud seventy 
and one thousand eight hundred and seventy-one, 305 

An act to amend chapter two hundred and sixty-two, of the Public 
Laws of one thousand eight hundred and seventy and one thousand 
eight hundred and seventy-one, o07 

An act to re-enact chapter two hundred and seventy-eight, laws of one 
thousand eight hundred and sixty-eight and one thousand eight hun- 
dred and sixty-nine, entitled an act to revise and amend the charter 
of the Tuckasegeaud Nantahala Turnpike Company, ratified twefth 
April, one thousand eight hundred and sixty-nine, 307 

An actio consolidate the School Laws and to provide for a system of 

public instructions, 308 



CAPTIONS. XXXMfl 

Page. 
An act to authorize R. F. Trodden, the present sheriff of Randolph Captions public 

county, to collect arrears of taxes, 321 aw8- 

An act to amend chapter one hundred and thirty-seven, laws of one 
thousand eight hundred and sixty-nine and one thousand eight hun- 
dred and seventy, entitled an act to provide draining wet lands, 322 
An act to incorporate the Yadkin River Navigation Company, 323 
An act concerning marriages, marriage settlements and the contract- of 

married women, . 8~8- 

An act making indictable the felling of trees into Neuse river, 343 

An act to give to the chief officers of the chies and towns the criminal 

jurisdiction of Justices of the Peace, 344 

An act to amend section four hundred and nineteen, chapter one, title 

nineteen of the Code of Civil Procedure, 845' 

An act to empower the Superior Court Judges to appoint Commissioners 

in certain cases for the settlement of estates, 345 

An act for the relief of certain tax payei-3 of Wilson county, 346 

An act to enable any persons not less than three to become incorporated, 

and to regulate such and other corporations, 347 

An act to cure certain defects in the probate of deeds and privy examina- 
tion of feme coverts in this State, and lor such other purposes, 362 
An act to amend chapter ten, section one, of the Revised Code, concerning 

auctions and auctioneers in Washington county, 363 

An act for the better government of the penitentiary, and for other pur- 
poses, 3C3 
An act to prevent fraud in the sale of commercial manures, 366 
An act to provide for the creation of certain trust estatts, 368 
An act in re'ation to Moore and Nash Squares, in the city of Raleigh, 369- 
An act to allow the Commissioners of Warren county to levy a special tax, 370 
An act to amend sub-division two, section thirty-one, chapter three, of 

title four of the Code of Civil Procedure, 370= 

An act in favcr of certa'n Sheriffs, 371 

An act to amend an act chartering the Jamesville and Washington Rail- 
road and Lumber Company, passed at the s?ssion of one thousand 
eight hundred and sixty-eight, and one thousand eight hundred and 
sixty-nine of the General Assembly uf North Carolina, ratified Feb- 
ruary, one thousand eight hundred and sixty-nine, 372 
An act to provide a compilation of the public statutes, 373 
An act to create a special commission, 373 
An act concerning insane convicts, 375 
An act to prescribe the practice and procedure in actions by creditors of 

deceased persons against their personal representatives, 375 

An act to amend "An act to promote and encourajre the plant' ng of 
oysters and clams," chapter thirtv-three, act of Assembly one thou- 
sand einht hundred and fifty eight and one thousand eight hundred 
and fifty-nine, 38* 



RESOLUTIONS. 



Page. 



Resolution making temporary provision for stationer} - , 

Resolution concerning the moneys received by the Public Treasurer un- 
der revenue act of one thousand eight hundred and seventy-one, 

Resolution concerning the tax lists of Harnett county, 

Resolution in favor of W. E. Pierey, Sheriff of Yancey county, 

Resolution concerning the printing of certain public documents, 

Resolution to authorize the Attorney General to sue out writ of habeas 
corpus for Allen Bettis, 

Resolution to pay certain witnesses in the late impeachment trial of W. 
W. Holdeu, 

Resolution in favor of J. D. Cameron, 

Resolution of instruction to the public treasurer, 

Resolution complimentary to Commodore Matthew F. Maury, 

Resolution in regard tc public printing, 

Resolution to pay certain witnesses and a messenger, 

Resolution in regard to a recess, 

Resolution extending the time of H. W. Mays, Sheriff of Alexander 
county, to settle with County Treasurer, 

Resolution in favor of Hon. John M. Cloud, Judge of the Eighth Judi- 
cial District, 

Resolution in regard to the lease of the North Carolina Railroad, 

Resolution of instruction to the Treasurer, 

Resolution in favor of W. H. Battle and D. G. Fowle, 

Resolution in favor of Lewis Tickle, 

Joint resolution on adjournment, 

Resolution in regard to the management of the Penitentiary, 

Resolution to provide additional aid for the Enrolling Clerk, 

Resolution for the relief of T. F. Baxter, Sheriff of Currituck county, 
and A. Murray, Sheriff of Alamance county, 

Resolution of instruction and request to Korth Carolina Senators and Rep- 
resentatives in Congress, 

Resolution in favor of W. E. Anderson, 

Resolution supplemental to a resolution concerning the payment of the 
funds in the treasury collected on account of the Marion and Ashe- 
ville Turnpike Company, ratified ninth January, one thousand eight 
hundred and seventy-two, 

Resolution of instruction to the committee to audit the State Printer's 
account, 

Resolution in relation to adjournment, 

Resolution relating to the Cape Fear Harbor, 



3S7 Captions public 
resolutions. 

387 
388 

388 

3sy 



389 

390 
390 
390 
391 
392 
393 
393 

394 

3 4 
395 
380 
397 
397 
398 
398 
3«9 

399 

400 
40> 



401 

401 
403 
403 



XXXVI • CAPTIONS. 

Page. 

Captions public Resolution in favor of Charles H A brums, 403 
resolutions. _ , , _ ' 

Resolution in regard to the Lovejoy Academy, » 40f- 

Resolution to allow the Engrossing Clerk of the Senate to employ tssis 

tanee, 104 
Resolution of instruction to the Committee on Printing, 405 
Resolution relative to adjournment, 405 
Resolution in favor of delinquent Sheriffs, 405 
Resolution in favor of employees of the Senate and House of Represen- 
tatives, 406 
Resolution in favor of Henry M. Miller, 406 
Resolution in behalf of Wm. H. Hamilton and Joseph A. Miller, 407 
Resolution in favor of George N. Lewis, Sheriff of Na6h, 407 
Resolution in favor of D. C. Dudley aiid others, 407 
iie601ution in favor of Daniel Latta, a witness summoued to appear bef ore 

a committee of the House of Representatives, 408 
t Resolution in favor of Thomas S. Siler and J. M. Lyle, Executors of Ja- 
cob Siler, deceased, late agent of the State for the collection of Cher- 
okee bonds, 408 
Resolution in favor of John H. Hill, Seargesnt at-Arms of the House 

of Representatives, 409 

Resolution in favor of J. W. Cooper, 409 

Resolution in favor of J. S. Summersett, John Petillo and Archer Holt, 410 

Resolution in favor of the tax collector of McDowell county, 410 
Resolution in favor of Charles H. Abrams for services as watchman of 

the Capitol, 411 

Resolution to pay John D. Cameron sixty dollars, 411 
Resolution in favor of William M. Shipp, Attorney Genera 1 , and Judge 

J. M. Cloud, 411 

Resolution of instruction to the Public Auditor, 412 

Resolution in favor of the prin6ipal clerks, 412 

Hesolution authorizing the State Geologist to have his report printed, etc , 413 

Resolution of instruction to the Secretary of State, 413 

Resolution in favor of Edward S. Badger, 418 

Resolution in favor of Albert B. Williams and Robert Henly, 414 
Resolution allowing the Enrolling and Engrossing Clerks the same per 

diem as received by the principal and assistant clerks, 414 
liesolution authorizing settlement of the accounts of B. S. Buchanan and 

sureties with the State, 415 

Resolution authorizing the Treasurer and Attorney General to employ aid, 415 

Resolution in favor of James H. Ennis, 415 
Resolution to raise a commission to examine into the accounts of the 

Public Treasurer, 416 

Resolution in regard to the Capitol, 416 

Resolution relative to the Cherokee Indians of North Carolina, 416 
Resolution in reference to printing the Constitution as it will stand when 

amended according to the act recently passed, 418 

Resolution of request to members of Congress, 419 
Resolution in relation to the sale of the eastern division of the Western 

North Carolina Railroad, 4-20 

Resolution for the relief of B. Mayfield, citizen of Cherokee county, 42q 



PUBLIC LAWS 



OF THE 



STATE OF NORTH CAROLINA 



PUBLIC LAWS 



OF THE 



STATE OF NOBTH CAROLINA, 

SESSION 18Tl-'72. 



CHAPTER I. 

AN ACT CONCERNING THE PROBATE OF DEEDS AND THE PRIVATE 
EXAMINATION OF MARRIED WOMEN BEYOND THE LIMITS OF 
THE STATE OF NORTH CAROLINA. 

Section 1. The General Assembly of North Carolina do Supreme Court 

■, .. ■' .*,,.,. or Circuit Court 

enact, in at when any deed concerning lands in this state, Judge may taka 
i » ,1 , ,i acknowledgment 

or power ot attorney lor the conveyance ot the same, or any or probate of 

other instrument whatever, required or allowed to be regis- iuornevTnd 8 ° f 
tered, shall have been executed, and it may be desired to other instruments 
take the acknowledgement or probate thereof out of this 
state, but within the United States, it shall be lawful tor 
any judge of a supreme, superior or circuit court within the 
state or territory where the parties may be, to take the 
probate or acknowledgment ot said deed or other instru- 
ment ; and the private examination of any married woman And prirate ex- . 

, , , i i ' 1 1 -i aminationof mar- 

who may be a party thereto, as to whether she voluntarily ried -woman. 

executed the same ; and the certificate ot such judge, as to 

such acknowledgment, or probate and private examination 

with the certificate ot the Governor of the state or territory When certificate 

annexed to such deed or other instrument, that the judge annexed. 

before whom the acknowledgment or probate and private 

examination were taken, was at the time ot the taking of 



-2 IS 71-' 72,— Chapter 1—2. 

the same, a judge as aforesaid, being exhibited before the 
judge of the court of probate ot the county in this state in 
which the property is situated, shall (if the same be accord- 
ing to the provisions ot this act) be adjudged by him to be 
re°^st ration 01 ' sufficient and shall be ordered to be registered with the 
certificate thereunto annexed. 

When act to take s Ec . 2. Be it further enacted, That this act shall be in 
-effect. , . . 

iorce from and after its ratification. 

Ratified the 4th day ot December, A. D. 1871. 



CHAPTER II. 

AN ACT TO AMEND THE CHARTER OF THE RALEIGH AND 
GASTON RAILROAD COMPANY. 

Amendment to Section 1. The General Assembly of North Carolina do 

1867° l " ' enact, That section one (1) ot an act of the general assembly 

entitled "an act to amend the charter of the Raleigh and 

Gaston railroad company, ratified the fourth day of March, 

one thousand eight hundred and sixty-seven, be amended so 

stockholders as to read as follows : That the stockholders of the company 

dent ami Direst- at the regular meetings thereof, shall elect a president and 



org. 



six directors, each of whom shall be a stockholder in said 
company, and shall constitute the board of directors of .said 
company, with power to manage all the affairs thereof, and 
shall continue in office for one year, or until their successors 
Eat-u share stock are elected. In the election of president and directors, and 

entitled to one 

Tote. whenever a vote by stock shall be taken, each stockholder 

shall cast one vote for each share of stock owned bv him. 

Three members The president and any three members of the board, or in 

four without eon- the absence ot the president any four members of the board, 

etitntc a quorum. & \ m \\ constitute a quorum for the transaction of business, and 

shall elect one of their number president pro tern. In case 

any vacancy shall occur in the office of president or directors 



1871-72.— Chapter 2—3. i 

bv death or resignation, or otherwise, such vacancy shall be Vacancy how- 

° ' ,; filled, 

tilled by the appointment of the board until the next election. 

Sec. 2. That all parts of sections and clauses of the original Conflicting acts 
i , . 1 ^ , , . repealed, 

charter ot said company, and amendments thereto, coming- 
in conflict with this act, be, and the same are hereby repealed. 

Sec. 3. That upon the acceptance of this act as a part of When accepted, 

x r a becomes part of 

the charter of said company by the stockholders represent- charter, 
ing a majority of the stock at the first general meeting of 
the stockholders thereof, it shall become and constitute a 
part of the charter of said company. 

Sec. 4. That this act shall be in force from and after its when take* 

... A . effect, 

ratification. 

Ratified the 4th day of December, A. D., 1871. 



CHAPTER Til. 

AN ACT CONCERNING THE JURISDICTION OF THE SUPERIOR 

COURTS. 



Section 1. The General Assembly of North Carolina do Parties may apply 

,o the 

ourt in- 



enact, That in all cases where the superior court in vaca- superlo/ c° t 



tion has jurisdiction under the existing laws of the State, nation, 
and all of the parties unite in the proceedings, they may 
apply for relief to the superior court in vacation or in term 
time at their election. 

Sec. 2. Be it further enacted, That in all cases hereto- cases acted upon 
fore acted upon, in which the superior court in vacation had SSffiJaiftSf 
jurisdiction, jt shall be no objection to the order or decree eouiun Term 
that it was made by the court in term time. ,imc - 

• Sec. ?>. Be it further enacted, That this act shall be in when act to be in 
force from and after its ratification. forcc - 

Ratified the 4th day of December,- A. D. 1871. 



1871-72.— Chapter 4—5. 



CAAPTER IV. 

AN ACT TO AMEND THE LAW OF EVIDENCE. 

Act of March Section 1. The General Assembly of North Carolina do 

pealed. enact, That an " act to declare the law of evidence in certain 

cases," ratified the twenty-eighth day of March, anno 

domini, one thousand eight hundred and seventy, be and 

the same is hereby repealed. 

Law of evidence g EC . o. That the act entitled " an act to improve the laws 

relating to crime A .. 

re-enacted. of evidence, ratified the twelfth day oi March, anno dommi ; 

one thousand eight hundred and sixty-six, so far is it relates 
to criminal proceedings, be and the same is hereby re-en- 
acted, and that all laws and clauses of laws in conflict with 
this act, are hereby repealed. 

When act to oe in Sec. 3. That this act shall take etfect from and after its 

force. ,.~ ,. 

ratification. 

Ratified the 4th day of December, A. D., 1871. 



CHAPTER V. 

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO CHANGE THE 
TIME OF HOLDING THE SUPERIOR COURTS OF NEW HANOVER 
COUNTY. 

Change of time Section 1. The General Assembly of North Caroline dc 

for LoldiDs; court. . . 

enact, lhat an act entitled an act to change the time of hold- 
ing the superior courts of Xew Hanover county, ratified the 
thirtieth day ot March, eighteen hundred and seventy-one 
be amended as follows : Strike out the whole of the first 
section of said act, and insert instead thereof that there shall 
be four terms of the superior court for the county 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 



lS71-'72.— Chapter 5—6. 5 

the said courts shall be as follows, viz : On the fourth Mon- 
day in January, the eighth Monday after the fourth Monday 
in February, the fourth Monday in June, and the eighth 
Monday after the lourth Monday in August. 

Sec. 2. That the term of the court which may be held on Jai f ai 7 Term of 

J .. each year to hold 

the fourth Monday in January in each year may be con- four weeks, if 
J . J J J necessary. 

tinued .in session for a period ot four weeks unless the busi- 
ness shall be sooner disposed of. 

Sec. 3. That all laws and parts of laws in conflict with L ™\ ™ conflict 

1 % with this act re- 

fills act be and the same are hereby repealed : Provided, pealed. 

however, That this act shall not have the effect to prevent Proviso, 
the holding ot the terms of the superior court of New Han- 
over county, commencing on the fourtenth Monday after 
the fourth Monday in August, eighteen hundred and sev- 
enty-one, or to impair in any way the authority of the said 
superior court at said term in the trial of criminal causes or 
cases in which the State may be a party. 

Sec. 4. That this act shall take effect from its ratification. Whenacttobein 

force. 

Ratified the 4th day of December, A. D., 1871. 



CHAPTER VI. 

AN ACT TO CHANGE THE TIME FOR HOLDING THE SUPERIOR 

COURTS OF ALAMANCE COUNTY. 

Section 1. The General Assembly of North Corolina do Time for holding 
enact, That after the first day of January, eighteen hundred courts of Aia- 
and seventy-two, the superior courts for the county of Ala- mavcG count y- 
mance, shall be held on the second Monday before the first 
Monday of March and September ot each year. 

Sec 2. That all process, recognizances and other legal All process, <&&„ 

■,. . . ., t . . t ,. i • i i i j returnable to said 

proceedings m civil and criminal actions which have already court. 

been issued or may hereafter be issued and had returnable 

to spring term, eighteen hundred and seventy-two, of said 

court, shall be deemed and held returnable to the term of 



1871-'72.— Chapter 0-7 



^ec. State to fur- 
nish a copy of 
proceeding to 
Sheriff and Clerk 
of Superior Court 



Conflietine laws 
to ba repealed. 



When act to be in 
force. 



said court as now fixed by this act ; and all persons who 
have been recognized or bound or summoned to appear at 
the spring term ot said court for the year eighteen hundred 
and seventy-two, are hereby required to appear at the term 
thereof as prescribed in this act; and the secretary of state 
shall forthwith cause this act to be published, and furnish 
the sheriff and the cleric of the superior court of Alamance 
county, with a copy. 

Sec. 3. That all laws and parts of laws inconsistent with 
tins act arc hereby repealed. 

Sec. -1. Tins act shall be in force from and after its 
ratification. 

Ratified the 4th day of December, A. D. 1871. 



CHAPTER VII. 

AN ACT TO AUTHORIZE THE PETERSBURG RAILROAD COMPANY 
TO ERECT A BRIDGE ACROSS ROANOKE RIVER. 



Authorized to 
erect a bridge 
across Roanoke 
river. 



Proviso. 



Proviso further. 



Section 1. Tlie General Assembly of North Carolina do 
enact, That the Petersburg Railroad Company be and is 
hereby authorized and empowered to erect and keep up a 
bridge across Roanoke river, for the passage of their trains, 
upon the site of their former bridge, destroyed by fire in 
eighteen hundred and fifty-seven ; Provided, The said bridge 
shall be an iron structure, and be erected on stone piers, 
at an altitude not less than twenty -five feet above ordinary 
low water; Provided further, That each of the other rail- 
road companies whose roads have a terminus at or near 
Weldon, shall have the privilege of using that portion of 
the tract of the Petersburg Railroad which may be between 
Weldon and the bridge so to be erected, by paying a fair 
compensation for the same. 



1871-72. — Chapter 7— S. 7 

Sec. 2. That the said Petersburg Railroad Company shall Extension of 

° i. j road and rates or 

be allowed a construction length of live miles for the road freight. 
between the bridge and Weldon ; and the ratus for all 
freights to or from all the railroads terminating at Weldon, 
and the Roanoke Navigation Company shall be the same 
per mile as may be charged on the same kind and class of 
freights between Weldon and Petersburg. 

Sec. 3. All acts or parts ot acts inconsistent herewith are Conflicting act* 

repealed. 

hereby repealed. 

Sec. -i. Tfiis act shall take effect trom and after its ratifi- When act in fore* 
cation. 

Ratified the Gth d-a,y of December, A. D. 1871. 



CHAPTER Till. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF PERQUIMANS 
COUNTY TO ISSUE BONDS TO FUND AND PAY THE COUNTY 
DEBT. 

Section 1. The General Assembly of North Carolina do Bonds to be issued 

rm ■ i t • i tit i»i l for paying debt 

enact, lliat in order to liquidate the debts ot the county ot of Perquimans 
Perquimans the commissioners of said county are hereby eouu y 
authorized to issue coupon bonds not exceeding in amount 
the sum of five thousand dollars in denominations of not less 
than twenty-five dollars, nor more than one hundred. 

Sec. 2. That said bonds shall fall due and be payable five Bonds how paja- 
years from the date of their issue, and shall bear interest at 
the rate of six per cent, per annum, and the coupons attached 
to said bonds shall be receivable in payment of county taxes 
for any fiscal year in which they may fall due. 

Sec. 3. That said bonds and coupons thereon shall be Chairman of 
issued by the chairman of the board of commissioners, and B haii sign said 



countersigned by the clerk, which latter officer shall keep 
a book suitable for the purpose in which he shall keep an 
account of the number of bonds issued, their amount and 
to whom issued; and the amount of bonds and coupons 



bonds. 



* 1871-72.— Chapter S— 9. 

received and cancelled, that upon an inspection of said book 

a true state of the county debt may be seen, for which service 

he may receive a reasonable compensation to be fixed by the 

board. 

Omuijssionens g FC- 4 That said commissioners shall have the privilege 

can redeem bonds * » 

to redeem said bonds at any time alter the expiration of five 
years, and it 6hall be the duty of the county treasurer each 
year to apply the proceeds of the tax raised under the act, 
first to the repayment ot the coupons of said bonds, second 
to the payment of any debts due by the county, and lastly, 
under order of the commissioners, to set apart any overplus 
ot said tax as a sinking fund to meet said debt when due. 
special tax to be] Skc. 5. That said commissioners of Perquimans county 

levied. * J 

are hereby authorized to levy a special tax if necessary for 
the purpose of paying interest upon said bond<s, and twenty 
per cent, of the principal annually until said indebtedness 
is liquidated, 
when act to take Sec. 6. This act shall be in force from and after its 

vtfl'eet. 

ratification. 

Ratified the 6th day of December, A. D. 1871. 



CHAPTER IX. 

AN ACT TO REQUIRE THE COMMISSION APPOINTED BY ACT OF 
GENERAL ASSEMBLY OF TWENTY-FOURTH MARCH, EIGHTEEN 
HUNDRED AND SEVENTY, TO REPORT TO THE GOVERNOR, 
AND FOR OTHER PURPOSES. 

Members of the Section 1. The General Assembly of North Carolina do 
tile m wcstern ° r enact, That such members of the Commission appointed and 
Railroad required constituted by an act entitled an act to provide for the com- 
to account lor all pletion of the Western Division of the Western North Caro- 

moneys received ... 

by them to the lina Railroad, ratified the twenty-fourth dav of March, 

Governor. ,..., -i-i-ii i 

anno domini eighteen hundred and seventy, as accepted 
and undertook to discharge the duties prescribed by said 



1 S 71-72.— - Chapter 9. 9 

act, be and they are hereby required to render to the gov- 
ernor of the state within twenty days after the ratification 
of this act, a detailed and itemized account of all moneys 
received by them, or any of them, by virtue of such com- 
mission ; and how, when and to whom they or any of them, 
have disbursed the same, or any part thereof, and for what 
purpose or purposes. 

Sec. 2. That such members of said commission be and Contractors to be 

paid. 

they are hereby required to pay, out of any moneys remain- 
ing in their hands, to contractors who have done work on 
said road, any gum or sums of money justly due them for 
snch work now remaining unpaid ; and that any remaining Remaining 
sum in their hands, be applied to the construction of said pended in suits if 
road in pursuance of the charter of the "Western North necessai y- 
Carolina Railroad Company ; and such reasonable sum as 
the governor may deem necessary to prosecute any suit or 
suits now pending, or which ought to be brought under the 
advice of the attorney general of the state, to recover any 
moneys due the "Western North Carolina Railroad Company. 

Sec. 3. That if such members of said commission, or any Delinquent eom- 
ot them, shall tail to comply with the provisions of this act, be sued. 
it shall be the duty of the attorney general, when notified 
of such default, to institute suit in the name and on behalf 
of the Western North Carolina Railroad Company in the 
superior court of the county of Haywood to compel such 
members of 6aid commission to render such account, and 
pay all such sums of money as may be ascertained to be or 
to have been in the hands of such members of said commis- 
sion, and cot properly disbursed : and moreover, such mem- Said coiamission- 
, , . , . . , . i -i *. % •, -i-i t ens > when deemed 

bers of said commission making any such default, shall be guilty, to be fined. 

deemed guilty of a misdemeanor, and on conviction in the 
superior court of the county of Haywood, fined in the dis- 
cretion of the court. 

Sec. 4. This act shall be in force from its ratification. When act to take 

_ effect. 

Ratified the 13th dav of December, A. D. 1871. 



10 1871-72.— Chapteb 10. 



CHAPTER X. 

AN ACT TO EMPOWER Tim OOMM3SSI02TEK8 OF RANDOLPH AJBTD 
DAVIDSON" TO ESTABLISH THE DIVIDING COUNTY LINK. 

Prjanible. Whebeas, The dividing line between the counties of 

Randolph and Davidson is not sufficiently described in nianv 
places whereby it has become expedient, in order to prevent 
inconveniences and disputes between the inhabitants of said 
counties, that the said dividing line should be more accu- 
rately ascertained and laid off: 

Commissioners Section 1. The General Assembly of North Carolina do 

authorized to . 

have the dividing mad, That the county commissioners of the counties of Ran- 

Hne of said conn- . , , , ,^ . , " , . . . , , , , 

ties established. doipli and Davidson are hereby authorized 'ana empowered 

to have the dividing line between said counties ascertained. 

laid off and established, whenever said commissioners shall 

deem it necessary, strict regard being had to the former line. 

Commissioners Sec. 2. That the said commissioners may appoint such 

to appoint sur- , y *- 

vcyor and others, commissioners, snrvevor and other attendants as shall be 

Copy of proceed- - . . _, . , , 

ingsto be made necessary tor ascertaining and establishing the said line ; and 



of each county, shall cause to.be made a return of the proceedings to the 
positSnofflce 8 Doar ^ 0I> county commissioners of each of said counties, to 
State eretary of be kept among the records thereof, and a copy of the pro- 
ceedings shall be deposited in the office of the secretary of 
state : and the said line, when so ascertained and laid off. 
shall, forever thereafter, be established and confirmed as 
the dividing line between said counties, 
nseof Bov- Sec. 3. That each county shall bear the expenses of the 
commissioners appointed to represent it, and at 6uch ptr 
diem as the commissioners of said counties respectively may 
agree upon. 

Sec. 4. That the said counties jointly shall pay the ex- 
penses of the surveyor and other expenses. 

When ad to be in Sec. 5. That thi 8 act shall be in force from and after its 
force. 

ratification. 

Ratified the 13th day of December, A. D. 5 1871. 



1S71-* 71'.— Chapter 11. 11 



CHAPTER XI.. 

AN ACT CONCERNING THE CHATHAM RAILROAD, AMENDATORY 
OF CERTAIN ACTS, AND AUTHORIZING A CHANGE OF NAME. 

Section 1. 27>e General Assembly of North Carolina do Chauga of name. 

enact, That the Chatham Railroad Company shall hereafter 

be known by the corporate name of the Raleigh and Augusta 

Air Line Railroad Company. 

Sec. 2. That it shall be lawful for the said railroad com- Extension of 

roan. 
patiy to change the line of its road as heretofore prescribed, 

so as to extend it from its present terminus or such point on 
the line of the same as it may deem advisable, to such point 
on the South Carolina line in the direction oi Augusta, in 
the State of Georgia, as the said company may deem most 
eligible, and as much farther as may be authorized by the 
states of South Carolina and Georgia, and to locate and con- 
struct such branch road or roads, not exceeding in length, 

from the line of said railroad, as may be authorized from Privilege of 
i 1-1-11 i.ii j • ji branch roads. 

time to time by the stockholders ; and in building and tne 
use of such branch railroads the said company shall have all 
the rights, privileges and immunities granted to it by the 
act to incorporate the Chatham Railroad Company and 
other acts amendatory and supplementary to the same, and 
of this act. 

Sec. 3. If the capital stock of the said companv now autho- insufficient funds 

r i ^ r «/ < to be increased by 

rized shall be deemed insufficient for the purposes of this additional shares. 
act it shall and may be lawful for the company in general 
meeting from time to time to increase the same by the addi- 
tion of as many shares as they may deem requisite, and the 
board of directors, with the consent of a majority of the 
votes ot all the stockholders in general meeting may make 
such portion of the capital stock already authorized, or of 
any additions to the same as they may deem advisable, 
a guaranteed or prefered stock, upon which guaranteed 
or preferred stock, such interest or dividends may be* guar- 
anteed as the directors may deem advisable; and the direc. 



12 



1S71-'T2. — Chapter 11. 



Mortgages upon 
property author- 
ized. 



Proviso. 



Companies of dif- 
f er&it roads can 
subscribe to or 
purchase stock. 



Mortgage bonds 
to be issued. 



Bonds to be dis- 
charged by Pub- 
lie Treasurer. 



tors may, with the consent oi a majority of the votes 
of all the stockholders in general meeting, secure such 
guaranteed interest or dividends by liens or mortgages upon 
all the property and franchise and income of the company, 
or upon any portion thereof, and the directors may in their 
discretion authorize subscriptions to be received for such 
additional stock (either common or guaranteed or both) at 
such prices and in such manner as may be prescribed by 
them, or may sell the same or any part thereof for the 
benefit of the company : Provided, That the entire capital 
stock so ereated, shall not exceed five million of dollars. 
And the said board of directors, with the consent of a 
majority of the votes of all the stockholders, shall have 
power to borrow money for the purposes of the railroad 
authorized by this act ; and for loans made by them to issue 
bonds with or without the privilege of conversion into stock 
in such amounts, and payable at such times and places, and 
at such rates of interest as they may determine, and to 
to pledge the property and franchises and income of the 
company or any portion thereof by mortgage or otherwise, 
for the payment of the principle of the same and the inter- 
est that may accrue thereon. 

Sec. 4. Authority is hereby given to the Raleigh and 
Gaston railroad company, or any other railroad company 
connecting therewith, to subscribe to, or purchase stock of 
any kind of the said Raleigh and Augusta Air Line Railroad 
Company, and in order to enable them to make such sub- 
scription or purchase, it shall be lawful for any such com- 
pany to issue mortgage bonds for such amount and of such 
form, and of such rate of interest as it may deem advisable ; 
and it shall be lawful for any such company to purchase or 
endorse the mortgage bonds ot the Raleigh and Augusta 
Air Line railroad company. 

Seo. 5. The said Raleigh and Augusta Air Line railroad 
company may at any time hereafter discharge the bonds of 
Chatham railroad company, deposited with the public trea- 
surer, in the same manner and not otherwise, as the said 
Chatham Railroad Company is now authorized by law to do, 



1871-'72.— Chapter 11—11. 13 

and the public treasurer is hereby directed to return to the 
said Raleigh and Augusta Air Line Railroad Company, the 
said bonds of said Chatham Railroad Company, on pay- 
ment in the manner above prescribed until the whole amount 
of said bonds of the Chatham Railroad Company held by 
the state shall have been surrendered. 

Sec. 6. All acts and parts of acts heretofore passed incon- Conflicting acts 

r r repealed. 

sistent with this act are hereby repealed. 

Sec. 7. This act shall be in iorce from and after its rati- When act to be in 

force. 
xication. 

Ratified the 13th day of December. A. D., 1871. 



CHAPTER XII. 



AN ACT TO INSURE THE EARLY PRINTING OF THE LAWS. 

Section 1. The General Assembly of North Carolina do J^ty of Pablie 

* J Printer. 

iiiact. That it shall be the duty of the public printer to call 
on the secretary of state or his chief clerk daily, dining each 
and every session of the Legislature, within office hours, for 
certified copies of resolutions and acts of the general assembly. 

Sec. 2. It shall further be the duty of the public printer Distribution of 

. . copies. 

immediately after receiving said certified copies to cause 
such number of each thereof to be printed as the secretary 
of state may direct, to the end that the same may be distri- 
buted as required by law. 

Sec. 3. This act shall be in force from and after its wheD at t0 take 

effect. 

ratification. 
Ratified the 14th dav of December, A. D. 1871. 



U 1S71- 72.— Chapter 13. 



C II A P T E It X III. 

AN ACT TO CONSOLIDATE THE PLANTERS' RAILROAD COMPAR- 
AND THE WILMINGTON AND ONSLOW RAILROAD COMPANY. 

Consolidation of Section 1. The General Assembly of North Carolina do 

railroad lines. J « 

enact, That the Planters' Eailroad Company and the "Wil- 
mington and Onslow Eailroad Company, may, and they are 
hereby authorized and empowered to be merged and consoli- 
dated into one corporation in the manner and upon the 
terms hereinafter provided. 
Question of ton- g EC# 2 That at the first or any subsequent meeting of the 

solidation to be J i o 

decided by major- stockholders of the said Planters' Eailroad Company and 
ty Tote of the " 

stockholders. Wilmington and Onslow Eailroad Company, which may be 
called or held after the ratification of this act, a majority of 
each stock being represented, in person or by proxy, each ot 
said companies shall decide by a majority vote in favor of or 
against the consolidation and union of the two companies 
aforesaid, and if a majority of the stockholders of the Plan- 
ters' Eailroad Company and the stockholders of the Wil- 
mington and Onslow Eailroad Company shall decide in favor 
of consolidation, it shall be the duty ot the directors of said 
companies, respectively, to perfect such consolidation upon 
such terms as may be agreed upon by them. 

By what name Sec. 3. That after the union and consolidation ot said com 

kno>vn. 

pany as aforesaid, the corporation thereby formed shall be 
known by the name and style of the "Wilmington and Plan- 
ters? Railway Company. 

Thisrbad to have Sjc. 4. That the said "Wilmington and Planters Railway 
the like privileges' ° _ ^ 

of other roads.' Company shall have all the powers, rights, privileges and 

exemptions which are contained and provided for in the acts 

incorporating the said Planters Eailroad Company and the 

"Wilmington and Onslow Eailroad Company. 

Privilege of ex- Sec. o. That the said Wilmington and Planters Railway 

tension granted ° 

Company be and the same is hereby authorized to extend 
the construction of their railroad north through the counties 
Craven, Green, Pitt. Beaufort, Martin, Bertie, Hertford and 



1871-72.— Chaptee 13. 15 



Gater, to the Virginia line, and south, through the ri'vwt.ipF 

of Brunswick and Columbus, to the South Carolina line. 

Sec. 6. That the said Wilmington and Planters Railway increase of cap- 
, -, , -11 i ' 3 • itdl stock. 

Company be and the same is hereb}' authorized to increase 

its capital stock to any sum not exceeding four million dollars, 
and subscription to same may be made on the part of indi- 
viduals, municipal aud other corporations in shares of the 
value of one hundred dollars each which may be made in 
lands, timber, work or money, as may be stipulated. 

Sec. 7. That it shall and may be lawful for any incorpo- Any town or 
rated city or town, or any county in which said railroad may the D raaroa<Tmay 
be constructed, to subscribe for such amount of stock in said <^ c ° a to™ C ock! 
company as they or either of them shall be authorized to do 
by the inhabitants of said city or town, or citizens of such 
county, in manner and form as provided for in the act to 
incorporate the said Planters Railroad Company ratified the 
first day of March, eighteen hundred and seventy. 

Sec. S. That the said Wilmington and Planters' Railway Union of rail- 
Company is hereby authorized to unite and consolidate granted. 
with any other railroad company or companies chartered by 
and organized under the laws of this state, or chartered by 
and organized under the laws of this state and any other 
state, or under the laws or any other state or states, or with 
any intervening railroad, bridge or ferry companies; said 
union and consolidation to be made and perfected upon such 
terms as the directors of the said Wilmington and Planters' 
Railway Company may agree upon. 

Sec. That any railroad or other corporation which may Terms of consoli 
have been chartered by the laws of this state for the trans- datlon * 
portation of freight and passengers is authorized to unite 
and consolidate with the said Wilmington and Planters' 
Railway Company, upon such terms as may be agreed upon 
by the directors of the respective corporations. 

Sec. 10. That tor the purpose of borrowing money it may Bonds to be le- 
an d shall be lawful for the said Wilmington and Planters' raedforloaM - 
Railway Company to make and issue bonds, paybale in 
United States currency, American gold or sterling to an 
.amount not exceeding sixteen thousand dollars per mile of 



10 1871- 72.— Chapter 13. 

its road and branches under the direction of the directors of 
the paid company, to be signed by the president and wit- 
nessed by the secretary and under the common seal of the 
said company, in sums of live hundred dollars each, bearing 
interest not greater than seven per cent, per annum, and 
redeemable in the year nineteen hundred and five, or at a 
date earlier at the option ot the said directors. 

mortga^ 8 tr fo i r t ° r Sec - n - That to secure the faithful payment of the said 
payments of said bonds, it shall and may be lawful for the directors of the 
said company to make, execute and deliver to such person 
in the city of New York, or elsewhere, as the said directors 
may, select, or appoint, a deed ot trust or mortgage of the 
said company, to be signed by the president, and witnessed 
by the secretary of the said company, under the common 
seal of the same, wherein shall be conveyed to the person 
thus appointed, trustee or mortgagee the road, property, 
income and franchise of said company, acquired or to 
be acquired, condition for the payment of the interest and 
final redemption of said bonds. 
Establishment of Seg. 12. That it may be lawful for the said company to 

a sinking; fund. ■,■•.•, . ^ i r» • j • » 1 • 

establish a sinking fund for the ultimate redemption of then- 
bonds from the annual profits of the company, and from the 
sale of any lands or other species of property donated, pur- 
chased or subscribed in aid of the construction of the said 
road and its branches. 
Construction of Sec. 13. Be it enacted, That the said company is hereby 

railway in all its . . , , , ,.'... 

hearings. authorized and empowered to construct and maintain their 

railroad across, along, or upon any stream of water, water 
course, street, highway, turnpike or canal which the route 
of its railroad may intersect or touch ; but the said company 
shall make proper draws in any bridge of said road which 
may cross a navigable stream, suitable for the passage of 
such vessels, flats or boats as may navigate such streams at 
such point of crossing, and shall restore any stream, water 
course, street, highway, turnpike or canal thus intersected 
or touched, to its former state, or such state as not unneces- 
sarily to have impaired its usefulness, and the said company 
shall have the right to cross, intersect, join and unite its 



1871-*73. — Chapter lo. . 17 

railroad, or any of its brandies, witli any other railroad, at 
any point or points on its route, oi at either or both termini, 
and upon the land of such other railroads, or other corpo- 
ration, with the necessary turnouts, sidings, switches, plat- 
forms, buildings, sheds, warehouses, workshops, depots, 
wharves and other conveniences in furtherance of the object 
of its connections. 

Sec. 14. Be it enacted, That The said company shall have Rights of *on- 

.,,'.,, siruction. 
the right to commence the construction 01 said railroad at 

any point or points it may deem to its interest so to do; and 

shall have the further right of using any portion of said road 

constructed by them, before the whole of said road shall be 

completed, and may charge tor transportation thereon. 

Sec. 15. Be it enixcted. That the said company is hereby Erection of teie-- 

',.,-, , , ' graph lilies. 

authorized and empowered to erect, maintain and operate 

one or more lines of telegraph along its roadway and 

branches, charging and collecting such remuneration tor all 

messages or dispatches as the directors may direct. The Connection of 

said company may connect the said lines of telegraph with 

the line or lines of any other telegraph company in this 

state or any adjoining state. It may further lease, farm out 

or sell the above right, as in the judgment of the president 

and directors may deem most advantageous to the interest 

of the company. 

Sec. 16. Be it enacted, That all law,- or clauses ot laws in Coniiicti»g laws 
conflict "with this are hereby repealed, and that this act shall 
take effect and be in force from and alter its ratification. w,!i '|> -<i to take 

Ratified the 20th day of December, A. D. 1871. 



CHAP TEE XIV. 

A.N ACT TO AUTHORIZE THE COMMISSIONERS OF BE3TIE COUNTY 
TO ISSUE BONDS. 

Section 1. The General Aisemlly of North Carolina do Bonds to be issued 
en -ct, That in order tolupvd; te the just debts of the county of debts. 

2 



18 1871-'72. — CHiffTEE 14. 

of Bertie, the commissioners oi said, county are hereby 
authorized to issue coupon bonds not exceeding in amount 
the sum of twenty thousand dollars, in denominations of not 
less than twenty dollars, nor more than rive hundred ; and 
said bonds shall be issued only in lieu of county orders at 
par value. 
New debts not to << K( ._ 2. That said bonds shall not be issued to contract any 

be contracted. 

new debt against the county, but to fund such liabilities of 
the county as are outstanding at this time, of the ratification 
of this act. 
Bonds to beheld Sko. 3. These bonds shall bear interest at the rate ot six 

by sheriff m pay- 
ment of county' per cent., pavabie annually, and that the coupons calling tor 

such interest, shall be received by the sheriff in payment of 

county taxes. The principal ot bonds so issued shall be 

Payable by yearly payable as follows: The first one-tenth of the principal of 
installments. ' ; . , ,. , 

said bonds at the expiration of one year from the first date 

of January, one thousand eight hundred and seventy twe, 

and each succeeding like amount shall be payable in like 

manner at intervals of one year from the time of payment 

ot the issue immediately proceeding it. 

Manner of asccr- s K o. 4.. That said bonds, and the coupons thereof, shall be 

tabling the true . x . 

Btateofthe signed by the chairman of the board of commissioners and 

countersgined 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 bonds issued, 
and the amount of bonds and coupons received and can- 
celled, so that upon an inspection of said book the true state 
of the county debt may be seen. 

Taxes necessarily Sec. 5. That for the payment of the principal and interest 
imposed. , " . 

of said bonds, the commissioners cf Bertie county are 

authorized to levy the necessary taxes as occasion may 

require, from time to time, but they are forbidden to levy 

or collect any other tax except for the accruing current 

expenses of the county. 

Board of auditors Sec. 6. That Jonathan S. Taylor, S. B. Spruill, Lorenzo S. 

claims of the Webb, J os. B. Cherry and P. II. Winston, be appointed a 
board ot auditors to audit the claims due before the passage 
of this act against the county of Bertie. After they have 



1871'-72.— OifAPTEK 14—15. 19 

passed upon the said claims, then it shall be the duty of the 

commissioners to allow and order the payment of the same ; 

and the aforesaid bonds may then be issued for said orders 

if the orders are above the sum of twenty dollars. 

Sec. 7. This act shall be in force from and after its ratifi- When act to take 

effect. 

cation. 

Ratified the 20th day of December. A. D., 1871. 



OHAPTEE XT. 

AN ACT TO AMEND SECTION ONE, CHAPTER TWO HUNDRED AND 
SEVENTY-THREE, OF THE LAWS OF ONE THOUSAND EIGHT 
HUNDPvED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT HUN- 
DRED AND SIXTY-NINE, ENTITLED AN ACT TO PROVIDE FOP. 
HOLDING SPECIAL TERMS OF THE SUPERIOR COURT. 

Section 1. The General Assembly of North Carolina do Governor to cause- 
enact, That section one, chapter two hundred and seventy- beheld, upon cer- 
three of the laws ot Xorth Carolina, entitled an act to pro- JSJSS^SS? 
vide for holding special terms of the superior courts, be ?it y- 
amended by inserting after the word " to 1 "' in the seventh 
line thereof the words "some one of the judges ot the supe- 
rior court other than,' 1 so as to make the section read : the 
general assembly of North Carolina do enact, That when- 
ever it shall appear to the governor by the certificate of any 
judge, or a majority ofthe county commissioners that there 
is such an accumulation of civil or criminal actions in the 
superior court of any county as to require the holding of a 
special term for its dispatch he shall issue an order to some 
one ot the judges ofthe superior court other than the judge 
of the -judicial district in which such county is, requiring 
him to hold a special term of the superior court of such 
county, to begin on a certain Monday, not to interfere with 
any ofthe regular terms of the courts of his district. The 
judge shall attend and hold such court. 



20 1871-'72. — Caapteb 15— Iti. 

wiiw ucito i.cin Sec. 2. That tbis act shall be in force ham and after its 

force. . „ 

ratification. 

Ratified the Slat day oi December, A. D. 1871. 



OH APTEH XYI. 

AN ACT FOR THE GENERAL RELIEF OF SilKKlFFS AND 1 A a 
COLLECTORS. 

Cuiiectiouof Section 1. The General Assembly of JVorth Carolina do 

taxes in arrears. ^^ ThaJ a]] persons who are or have been sheriffs or tax 
collectors of the several counties, towns and cities ul ti •-. 
state for the years eighteen hundred and sixty -nine, eight.". 
hundred and seventy and eighteen hundred and seventy -one, 
and their legal representatives, be and the same are hereby 
authorized and empowered to collect arrears ot taxes due 
them for the years afpresaicl, under such rules and regula- 
tions as are now prescribed by law for the regular collection 
IWiso. of taxes; Provided, That nothing herein contained shall be 

construed to relieve said sheriffs, tax collectors, or their 
representatives from their liabilities to pay the state, county 
or other taxes at the times and places now prescribed by 
law. 
No tav paid upon Sec. 2. Xo person shall be compelled to pay taxes under 
payment. Vl the provisions of this act who will make oath, accoiding to 
law, that he or she has paid the same or believes the same 
Proviso further, to liave been paid : and, Provided further, That no execu- 
tor or administrator shall he compelled to pay such arrears 
ot taxes. 

Collectors to ad- Sec. o. Adv person authorized to collect taxes under the 
ministe' oaths. . . , , . . , , i • i i • ■ ■ i 

provisions ot this act is hereby authorized to administer the 

oath mentioned in section two above. 
Expiration of Sec. 4. The power and authority hereby given thai] deter- 

time - mine on the thirty-first day of December, one thousand 

eight hundred and seventy two. 



187W 72.— C ha pt e b 1 0— 1 r. 21 

Sec. 5. This ace shall be in force from and after its When to take 
ratification. 

Ratified the "21st day December. A. D. 1871. 



CHAPTER XVI J. 

a:c act to regulate the too of holding the municipal 
elections fn the town of fayktteville. 

Section 1. The General Ammnhlv of North Carolina do Time for munici- 

17 e , pal elo t:ons. 

enact. That the municipal election in the town ot iayette- 
vilie shall be held in each and ever)- year on the first Mon- 
day in May. 

Sec 2. That the present mayor and commissioners of Officer* to remain 
1 ., .... until new election 

taid town shall hold their ofnees until their successors are 

elected, as provided in the first section of this act. 

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

force. 

fieation. 

Ratified the 2ist dav of December, A. D.,1871. 



CHAPTER XVIII. 

AN ACT TO INCORPORATE THE BORDER RAILROAD COMPANY. 

Skction 1. The General Assembly of North Carolina do Conatructknof 
enact. That for the purpose of constructing a railroad, ot one 
or mure tracks, from some point in Rockingham county to 
some point or points either on the Virginia or Tennessee 
line, or on both, to be hereafter determined on as the most 
advantageous, in the opinion of the company hereinafter 
named, or their legal representatives, Jones "W. Burton, V. Corporators. 
Reynolds, Francis Stone, A. B. Johns. Jr.. Martin Grogan, 



22 1871-72. — CiiAi-TKit 17. 

J. T. Morehead and George W. Paeg and their , ! • 

successors and assigns, are constituted a company, and are 
Corporate name, hereby incorporated under the name and style oi the B< 
Capital stock. ■ Railroad Company, with a capital stock of live hundred 
thousand dollars, with the privilege of increasing the same to 
five millions of dollars, which shall have a eorpi »rate existence 
as a body politic, for the space oi ninety nine ; d by 

that name may sue and be sued, plead and lie impleaded in 
Rights and privi- any court in North Carolina ; and may have and use a com- 
mon seal, and shall be capable of purchasing, holding,.l< 
and conveying estate, real and personal, and mixed, and 
acquiring the same' by gilt or devise, so far as may be n 
sary 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 
Bylaws. a ll necessary by-laws and regulations for its government not 

inconsistent with the constitution of this state and of the 
United States. 
Capital sunk. Sec. 2. That the capital stock ot said company may be 

created by subscription on part of individuals, municipal or 
other corporations, in shares of the value of one hundred 
Company may dollars each, which may be made in lands, timbers, work or 

receive land as t .. \ , -, 

subscription. money, as may be stipulated. 

Subscription to Sec. 3. That books of subscription to the capital stock ot 
said company may he opened by the following commis- 

Commissioners to sioners, to wit : at Leaksville by Jones W. Burton ; at 
Stoneville, by Francis Stone ; at Leaksville, by P. Reynolds ; 
at Island Ford, by J. T. Morehead, and by such other per- 
sons and places as they or a majority of them may direct : 
and that said commissioners, or any three of them, may at 
any time after said books have been kept open for the 
space of thirty days, and the sum of twenty thousand dol- 
lars 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 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 

Corporate name, by the name and style of the Border Railroad Company. 



1871-'72. — Chatter IT. 23 

Sec. 4. That the said company may hold annual meet- ^ted 1 ' 8 ap " 
ings of the stockholders, and oftener, if necessary, and at its 
organization an annual meetings subsequent thereto seven 
directors shall be elected by the stockholders to hold office 
tor 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- Proviso- 
ings of stockholders a majority of all the stock subscribed 
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 there represented shall be enti- 
tled to' one vote on all questions; that it shall be the duty 
of the directors to elect one of their number as president of President and 
said company and to fill all vacancies in the board. 

Sec. 5. That after the company shall be organized as Road may be cou- 

x ° structed to the 

aforesaid, the board of directors shall proceed to locate and Virginia line, 
have constructed, as speedily as possible, on the route the}' 
may find most practicable, a railroad, as located in the first 
section of this act ; and if said board shall deem it advisable, 
they can construct their road to the Virginia line at one or 
more points, and enter this state at one or more points, and 
the disconnected portions of this road shall be deemed com- 
ponent parts of the Border Railroad ; that said companv Further rights 

i -n i n • . i , r- • f ana - privileges. 

snail nave exclusive right of conveyance or transportation of 

persons, goods, merchandise and produce on the said road, 

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 franchise or their rights of transportation on 

said road to any person, persons or corporations. 

Sec. 6. That said companv shall have the power to use Power to enforce 
1 x stock snbsenp- 

and enforce the payment of stock subscribed as was hereto- tfon. 

fore granted to the ISTorth Carolina Railroad Coinpan}^ by 
charter of incorporation ; and shall have power to condemn 
lands for the use of the company when a contract of purchase 
cannot be made w r ith the owner thereof, to the same extent 
and in the same manner and under the same rules, regula- 
tions and restrictions as the said North Carolina Railroad 
Company was authorized to do by act of incorporation. 



24 



187.1 '72. — Chatter 18—19. 



Contracts. 



Ortiiicates of 
Mock. 



Limit of tii 



Company may 
borrow money 
Mid issnc bonds. 



When act to bo 
force. 



Si.i . 7. That till euii tracts made and entered into by the 
president or superintendent of the company, whether with 
or without seal, shall be binding upon said company, and 
the president shall, under the instruction ot the board of 
directors, issue certificates oi stock to stockholders, which 
shall be transferable by the by-laws of the company; that 
the gauge of said road shall be such as the board of directors 
may prescribe. 

Sec. > s . That the commissioner.- named herein shall have 
three years to comply with the provisions ot section three 
of this act. 

Skc. 0. This corporation shall have power from tfrae to 
to time borrow such sums of money as may be necessary for 
completing and finishing, or operating their railroad, and to 
issue and dispose of bonds for any amount so borrowed, and 
to mortgage their corporate property and franchise to secure 
the payment ot any debt contracted by the company for the 
purposes aforesaid. 

Sec. 10. That this act shall be in force from and alter its 
ratification. 

Ratified the 21st day of December, A D., 1871. 



CHAPTER XIX. 

AX ACT TO AMEND CHAPTER TWENTY-NINE OF THE LAWS OF 
ONE THOUSAND EIGHT HUNDRED AND SEVENTY AND ONE 
THOUSAND EIGHT HUNDRED AND SEVENTY-ONE, ENTITLED 
"AN ACT T<> AUTHORIZE THE CONSTRUCTION OF A TURNPIKE 
ROAD FROM MALONE AND WILSON^ STORE, IN MCDOWELL 
COUNTY, TO FLAT CREEK l.\ BUNCOMBE COUNTY. 



Extension ef Section 1. The General Assembly of North Carolina do 

SwdMiiaooa Gap m , . ^.ii * • 1 i i ii 

Turnpiki . < riact, 1 uat section one, ot the above entitled act, be amended 

si > as to authorize and require the said John E. Patton, his 
associates, successors or assigns, to extend the said Swan- 



1S71-72.— Chaptek 19. 25 

nanoa Gap Turnpike Boad from its present terminus at 
Wilson ai}d Halone's store, in McDowell county, eastward 
to Crockford and Malone's first cabin, within a time to be 
determined upon by the board of commissioners of Buncombe 
county. 

Sec. 2. That section two of said act shall be repealed and Sections of said 

1 , act repealed. 

the t< >U©wing substituted therefor to wit : That when the said 
.lulu: E. Patton or his associates, successors or assigns shall 
have completed the construction of said road, it shall be 
reviewed by Fletcher Fortune, Silas Dougherty, James 
Wilson and Robert Burgin, or a majority of them, and if Corporators to in- 

J ' spect condition of 

they, or a majority of them, shall give to the said John E. road. 
Patton, 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 commis- 
sioners 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 the said ToU S a ^ to ,)e 

r ° " r corrected. 

Swannanoa Gap Turnpike, and to collect such tolls as ma3 T 
he prescribed from time to time, by the board of commis- 
sioner s of Buncombe county, not to exceed, in any case, the 
following sums, to wit : For hogs or cattle, each two cents ; Rates of tolL 
loose horses, three cents ; single horsemen, ten cents ; one- 
horse wagon, or cart, twenty cents ; two-horse wagon, or 
eart, forty cents ; three-hor6e wagon, fifty cents ; four-horse 
wagon, sixty cents ; five-horse wagou, sixty -five cents ; six- 
horse wagon, seventy cents : one-horse buggy, hack or car- 
riage, thirty cents : two-horse buggy, hack or carriage, fifty 
'jents ; Provided, That the said John E. Patton, his associ- FrovMo. 
ates, successor or assigns, shall at all times keep said road in 
good condition : and, Provided fiertht r, That no tolls shall Proviso f urtheft 
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, as originally constructed, be charged exceeding 
one-half the tolls fixed upon : and, Provided further, That Proviso further, 
nothing contained in this act shall be so construed as to 



20 



187jL-'72. — Chapteb 10—20. 



When act to be irt 
force. 



prevent the said John E. Patten, his associates, successors 
or assigns, from collecting such tolls for the passage over 
that part of said road which has been heretoiore completed. 
as may be prescribed by the board of commissioners of 
Buncombe comity, subject to the above limitations. 

Sec. 3. This act shall be in force from and after its 
ratification. 

Ratified the 21st day of December, A. I >. 1871. 



CHAPTER XX. 

an act in favor of james i. moore, sheriff of Gran- 
ville COUNTY ; JOHN M. BATEMAN, SHERIFF OF WASHING- 
TON COUNTY, AND F. J. SATCHWELL, SHERIFF OF BEAUFORT 
COUNTY. 



Sheriffs allowed 
time for settle- 
ment. 



When act to take 
effect. 



Section 1. The Gene red Assembly of North Cvrolina do 
enacts That James I. Moore, sheriff ot Granville county ; 
JohnM. Bateman, sheriff oi Washington county, and F. J. 
Satchwell, sheriff of Beaufort county, be allowed until the 
first day of April, anno domini one thousand eight hundred 
and seventy-two, to make their settlement with the county 
treasurers of said counties for the county taxes. 

Sec 2. This act shall be in force from and after its rati- 
fication. 

Ratified the 22d day of December, A. D. 1871. 



1371- 72.— Chapter 21. 27 



CHAPTER XXI. 

AN ACT TO AMEND AX ACT ENTITLED '" AN ACT TO INCOR- 
PORATE THE ASIIEVILLE AND VIRGINIA RAILROAD COM- 
PANY," BEING CHAPTER TWO HUNDRED AND FORTY-TWO, 
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SEVENTY 
AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY-ONE. 

Section 1. The General Assembly of North Carolina do Amendment. 
enact, That the said act be so amended as to insert before 
the word " section 1," the following, " The general assembly 
of North Carolina do enact : " 

Sec 2. That the said Asheville and Virginia Railroad Right of exten- 
Company shall have the right to extend their said line of 
railroad from the western terminus of their said line at 
Asheville, N. C, to any point within the county of Cherokee 
on the Georgia state line. 

Sec. 3. That the said extension shall be known as the Name k'no-vra by. 
Dalton and Morganton Railroad Company, with all the cor- 
porate franchises, rights, powers, privileges and immunities 
granted in said act to the said Asheville and Virginia Rail- 
road Company. 

Sec 4. That the capital stock of the said Dalton and Amount of stock. 
Morganton Railroad Company shall not exceed the sum of 
eight millions of dollars, in shares not exceeding the sum of 
one hundred dollars each. 



Sec 5. That the following named persons be appointed Commissioners 

. . . ... , .* % , appointed. 

commissioners to receive subscriptions to the capital stock 

of said roads in their respective counties : Robert McCombs, 

B. K. Dickey, of Cherokee; W. R. Crawford, W. A. Euloe, 

of Jackson ; Samuel Gudger, J. G. Martin, of Buncombe ; 

R. V. Welch, R. G. A. Love, of Haywood; J. L. Robinson 

W. L. Love, of Macon. 

Sec G. This act shall be in force from and after its ratiri- When act t0 take 

effect, 
cation. 

Ratified the 22d day of December, A. D., 1871. 



28 1871-72. -Chapter 22—23. 



C'H A PTEK X XII. 

iN ACT UJTHORIZING THE COUNTY COMMISSIONERS OF HERT- 
FORD TO LEVY AXli COLLECT A SPECIAL TAX. 

Special tax levied ^,. ..,.,, .. i tl /• > i n i* ii r< ;• i 

for building court oEctioe L. ilie irenerai Assembly oj JSorth Carolina do 

h " u< "■ • nact. That the county commissioner of the county < r 

Hertford be and they are hereby authorized to levy and col- 
lect 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 construction and 

Fl '" vi; -"- rebuilding of a courthouse therein : Provided, The tax on- 

the poll shall be equal to the tax levied on three hundred 
dollars worth of property. 

Taxes collected in Sec. 2. That said taxes shall be levied and collected in 

U£11a1 "WiV\ . 

the same manner, and accounted for in every particular as 
all other countv taxes are. 



When act to take S kc. 3. This act shall be in force from and alter its ratifi- 
fcion. 
Uatitied the 22d day of December, A. 1). 1871. 



effect 

cation 



CHAPTER XXIII. 

AN ACT FOR THE RELIEF OF THE SHERIFF OF BLADEN COUNTY. 

Section 1. The General Assembly of North Carolina d» 
enact. That D. J. Clark, sheriff of Bladen county, and his 
sureties, be and they are hereby relieved from any and all 
penalties incurred by the failure to pay the State taxes into 
the public treasury for the year one thousand eight hundred 
Proviso and seventy-one, at the time prescribed by law: Provided, 

Said taxes are paid into the treasury by the first day of 
December, anno domini one thousand eight hundred and 
seventy-two. 



1671-72.— Cuiii'TKK 28—24—25. 21' 

Sec. 2. This act shall be in force from and after its ratiti- Wheuaet to be in 

force, 
-cation. 

Itatitied the 22d day of December A. D. 1871. 



CHAPTER XXIV 



AN ACT CONCERNING JoINT CONTRACTS. 



Section 1. The General Assembly of North Carolina do Suit brought 
. mi *. • ii f ■ • l i. i* l • agiinst joint con- 

enact, I bat in all cases ot ]omt contracts ot co-partners m tracts. 

trade or others, suit may be brought and prosecuted on 

the same against all or any number of the persons making 

such contracts. 

Sec. 2. Beit further enacted, That this act shall be in Wucnaettobem 

. . . force. 

force from and after its ratification. 

Ratified the 3d dav of January, A. I)., 1872. 



CHAP TEE XX V. 

AN ACT TO AMEND THE CHARTER OF THE NORTH CAROLINA 
RAILROAD COMPANY, AND FOR OTHER PURPOSES. 

Whereas, The Northwestern North Carolina Railroad Amendment to 

the charter oi in 
Company executed and delivered two mortgages, one dated North Western 
i • , i „ . i . . i i Nortn Carolina 

the sixteenth day ot August, anno domini one thousand Kaiirond. 

eight hundred and seventy, and the other dated the twenty- 
eixth day o!" June, one thousand eight hundred and sixty- 
nine, conveying its entire road, property and franchises, in the 
manner, upon the conditions, and tor ihe purposes provi- 
ded for by an ordinance of the convention of the State of 
North Carolina, ratified the ninth day of March, one thou- 
sand eight hundred and sixty-eight, nnd by an act of the 



3(» 



1871-72.— Chapeeb 25. 



Cc-rtiii i 
amendment. 



celled. 



All i bts can- 
celled. 



Company may 
issui bonds. 



Security o£ in- 
terest by mort- 
gage or deeds of 
trust. 



general assembly of North Carolina, ratified the third day 
of February, one thousand eight hundred and sixty-nine; 
and whereas. All the bonds loaned to said company by the 
state, under authority of said act of the general assembly 
have been returned to the treasurer of the state, and all the 
bonds authorized to be loaned to said company by the state 
by said ordinance of the convention yet remain in the 
treasury of the state, although the company is legally enti- 
tled to them ; and whereas, it is necessary that said company 
should have power to raise money for its purposes, now 
therefore, 

Sin timx 1. The General Assi rhbl/y of North Carolina do 
< nact, That whenever the president of the said Northwestern 
North Carolina Railroad Company shall certify to the 
treasurer of the state of North Carolina that, this act has 
been accepted as an amendment of the charter of said com- 
pany, said treasurer shall forthwith cancel both of the mort- 
gages aforesaid, and deliver the same so cancelled to the 
president of said Northwestern North Carolina Railroad 
Company, and that said treasurer do also cancel the bonds 
nr other evidences of debt, signed, sealed and ready for 
delivery under any part of any ordinance of the convention 
or act of the general assembly of North Carolina making- 
appropriations or providing for loans to the said railroad com- 
pany, and file the same so cancelled among the archives of 
his office. 

Sec. 2. That the said company be, and it is hereby author- 
ized, to issue, sell, or otherwise dispose of for its purpose?, 
its bonds or other evidences of debt, to an amount not 
exceeding twenty thousand dollars per mile of its rend. 
bearing interest at a rate not exceeding eight per cent, per 
annum, and to secure the same by one or more mortgages 
or deeds of trust, wpon its road, property, real and personal 
franchises, rights and privileges now held, or which may 
hereafter be acquired in such manner and form as the board 
of directors of said company may determine. And the 
registration of any mortgage or deed, executed in accordance 
with this act, in the county of Forsyth, in the state of North 



1872-"72 — Chapter 25. 31 

Carolina, shall liavo the same effect as if such mortgage or ^aye^amlft'ii^ct 

deed were registered in every county in said state in which ?? in otiuT comi- 
cs ^ ties. 

any of the property conveyed may be, any law to the con- 
trary notwithstanding. 

Sec. 3. The said North Western North Carolina Railroad jJ^^K" 1 " 
Company is also hereby empowered to contract with any road - 
corporation or person to complete the whole or any part of 
its railroad, and to issue to such party shares of its capital Share* of stock, 

, , . . , . , ,. and bonds to be 

stock and to use tor the purpose the bonds or evidences ot issued for its 

debt of said company hereinbefore authorized to be issued tompc 

upon such terms and conditions as may be agreed upon by 

the contracting parties ; Provided however, That the said Frovlso - 

company shall in no event issue sjiares exceeding the amount 

of its capital stock as fixed by law. 

Sec. 4:. All parts of ordinances of the convention and of Repealing clause. 

acts of the general assembly of North Carolina, making 

appropriations in behalf of, or providing for subscriptions 

or loans to said company by the state ot North Carolina, and 

all parts ot such ordinances as are inconsistent with this act 

are hereby repealed. 

Sec 5. This act shall be in force from and after its ratifi- When act to take 

effect, 
cation. 

Ratified the 3d day ot January, A. D., 1872. 



STATE OF NORTH CAROLINA, 

Office Secretary of State, 
Raleigh, February 28th, 1S72. 

I hereby certify that the dates mentioned in the preamble Secretary's eer- 

titioito 

of the above act were inserted in accordance with "an act to 
repeal an act passed at the present session and ratified on 
the fifteenth day of January, one thousand eight hundred 
and seventy-two, and entitled an act supplementary of an 
act to amend the charter of the North Western North Caro- 
lina Railroad Company, and for other purposes, and to fill 
certain blanks," ratified January 23d, A. D. 1 8T2. 

II. J. MENNINGER, 

Secretary of State. 



32 1871-'72.— -Chapter 20—27. 



CHAP TEE XXVI. 

AN ACT TO AUTHORIZE THE PAYMENT Bl" THE TREASURER OF 
COSTS IN CASES WHERE THE BTATE APPEALS OR SUES OU 
WRITS OF ERROR TO THE SUPREME COURT OF THE UNITED 

STATE*. 

When appeals arc Section 1. Tht General Assembly of A orth Carolina Jo 

fcakeu to Supreme „,, . „ . . . . * ... . .. 

Courtu. 8,treaB- enact, lhat in all eases, to which the slate ot JNorth Carolina 

urer to pay costs . ' ^ t • 1 i • l j *.i ^ ' * .1 • 

when bo adjudged 1S a party, aiK1 which niay oe earned iroiji the courts ot till* 
>tate or iVoni the circuit court of the United States, '•>; 
appeal or writ of error to the supreme court ot the United 
States, and the state shall be adjudged to pay the cost in 
said last mentioned court in any of said rases, it shall be th ■ 
duty oi the attorney general to certify to the governor the 
amount of any such bill of costs, who shall thereupon issue 
a warrant tor the same, directed to the public treasurer, 
who shall pay the same out of :uiy moneys in the treasury 
not otherwise apppropriated. 
Applies to causes Sec. 2. This act shall be construed to apply to rases in 
hare aireaxly'rieen which appeals have already been taken, or writs of error 
taken - already sued out, and to civil as well as criminal cases. 

When enforced. Sec. 3. This act shall be in force from and after its 

ratification. 

Katified the 5th day of January, A. D. 1872. 



(11 APTEK XXVII. 

AN ACT TO AUTHORIZE THE CITY OF WILMINGTON TO FUND 
THE CITY DEBT AND fSSUE BONDS. 



Board of Aider- Section 1. The General Assembly of jlYoHA Carolina do 

may issue bond?, enact. That it shall and may be lawful for the board of 

aldermen of the citv of Wilmington to authorize the mayor 



1871-72-— Chapter 27. 33 

of said city to issue bonds of the denomination of five 
hundred, and one thousand dollars each, to be made payable 
at the expiration of ten, fifteen and twenty years after the 
first day of January, in the year of oae thousand eight 
hundred and seventy-two, bearing interest at a rate not to 
exceed eight per cent, per annum, with coupons attached, 
for such interest payable semi-annually. 

Sec. 2. That the form of said bonds shall be as lol- Form of bonds, 
lows : " United States ot America, state of North Caro- 
lina, on the day of , in the year , the city of 

Wilmington promises to or bearer the sum of — — 

dollars with interest on the same at the rate of per 

centum, per annum ; said interest shall be payable semi- 
annually on presentation of the annexed coupons at . 

The. principal and interest of this bond are payabale in gold 

at . This bond is issued under the authority of the act 

©f the general assembly of the state of North Carolina 

ratified the day of • — — , A. D., , and an ordinance 

of the board of aldermen of the city ot Wilmington on the 

day of , A. D., . Witness the seal of the 

said city ot Wilmington and the signature oi the mayor, 
this — — clay of , A. I)., ■ ." Which said bonds so Bonds signed by- 
issued shall be signed by the mayor of said city, and the seal ' ayor " 
of said city shall be affixed thereto. 

Sec. o. That the bonds so issued shall not exceed the sum Amount not to 
, . i -I i ,1 i j ii • ,i exceed $200,000.. 

of two hundred thousand dollars in the agerreffate. 

Sec. 4. That the board of aldermen of said city may 
authorize the mayor to issue any portion of said bonds to 
the holders of any of the bonds of said city now outstanding, 
if in their judgment the interest of the city may be pro- 
moted by the exchange of the same. 

Sec. 5. That the proceeds of the sale of any of said bonds Proceeds of sale- 
i • i i i* • i • in i , . , , of bonds to be 

issued as provided form tins act, shall be exclusively applied applied to pay- 
t . i , ,. , i i , . . -i . , . , ment of debt 

to tiie payment ot the debt now outstanding against the said against said city 

city ; and the board of aldermen shall ]c\y a tax upon pro- Tax levied. 

perty of the citizens of said city to provide for the payment 

of the interest that may accrue upon said bonds, and in like 

manner provide for the payment of the principal of said 
3 



34 L871-'72.— Chapter -l~— 28. 

Sinking fund ere- bonds as they may severally mature, by creating a sinking 
fund for that purpose, or otherwise according to their judg- 
ment. 

When act to take Sec. 6. That this act shall be in force from and after its 
effect. 

ratification. 

"Ratified the 5th day oi January. A. !>., 1872. 



CHAPTER XXVIII. 

AN ACT TO RE-ENACT THE PROVISIONS OF SECTION FIFTEEN, 
CHAPTER THIRTY-SEVEN, OF THE REVISED CODE. 

Re-enacts section Section 1. The General Asseiiibly of 2forth Ctirolinit do 

Revised Code',' ° enact, That section fifteen, chapter thirty-seven, of the 
Sirfn P ng of 0f Revised Code of North Carolina, as follows: "In all cases 
Torre^istralon" 1 °^ * ne P^ate of any deed or other instrument required or 
and of grantor or allowed to be registered, having a subscribing witness, who 
maker. c i • i i • 

may be dead, satisfactory proot of his handwriting, or of 

the handwriting of the grantor or maker, when there is no 
subscribing witness, shall be deemed sufficient proof for the 
purpose ot allowing the registration thereof." be and the 
same is hereby re-enacted. 

Bepeais coufict- Sec. 2. That all laws and parts of laws in conflict with 
this act are hereby repealed. 

"When in force. Sec 3. That this act shall be in force from and after the 

date of its ratification. 

Ratified the 5th day of January, A. I>. 1872. 



1S71- 72. — Chapter 29—30. 35 



CHAPTER XXIX. 

AX ACT TO AMEN!) SECTION FOCR CHAPTER THIRTY-FIVE 
REVISED CODE IN RELATION TO FUGITIVES FROM JUSTICE. 

Section 1. The General Assembly of Worth Carolina do Fugitives from 
enact, That section four, chapter thirty-live of the revised g£ e within the 
code be amended bj inserting after the word ;; thereof" in 
the third line, the words, "or who conceals himself or her- 
self within the state to avoid arrest, or who having been 
convicted, has escaped and cannot otherwise be appre- 
hended." 

Ratified the 5th dav of January. A. D. 1872. 



CHAPTER XXX. 

AN ACT TO ALLOW THE TRANSFER OF CERTAIN CAUSES PENDING 
IN THE LATE COURTS OF EQUITY IX THIS STATE. 

Whereas, There are upon the dockets of the late courts Preamble. 
of equity in this state, a considerable number of suits and 
petitions for the sale and partition ol real and personal 
property in which the rights and estates of infants, feme 
coverts and others are concerned ; in which orders for col- 
lection, orders for distribution, and other final orders an 1 
decrees have never been made, and which through the inad- 
vertence of parties, or from other causes, have not been 
transferred to the dockets of the present superior courts ; 
but under existing laws may have abated, therefore: 

Section 1. lice General Assembly of North Carolina do &™ i& ? 1 petitfoM 

■' • transferable to 

enact. That in order to protect the interest of all parties con- the trial docket* 

, , "! Superior 

cernined such causes, and to save costs therein it shall 1 >c lawful Courts, 
for any party, plaintiff or defendant in any such suit or petition. 
at any time within twelve months from the ratification of 



3»> 1871->72.— Chapter 30—31. 

this act, to Lave such suit or petition transferred to the trial 
dockets of the superior court for the county in which the 
same was pending. 

Duty of Clerk. Seo. 2. That it shall be the duty of all clerks of the superior 

courts, upon the application of such party, plaintiff or defen- 
dant, immediately to transfer such suits or petitions to the 
trial dockets of their respective counties ; and every such 
suit or petition so transferred, shall be tried, conducted and 
disposed of according' to the course of the court and the 
practice and procedure which are applicable to all like write 
and petitions, which have been already so transferred under 
laws allowing such transfer. 

Conflicting clause Sec. 3. That all laws and parts of laws in conflict with 
this act are hereby repealed. 

When net to take Sec. 4. That this act shaii take effect from and after 

effect • , ,• 

its ratification. 

Ratified the 5th day of January, A. P. 1S72. 



CHAPTEE XXXI. 

AN ACT TO AMEND SECTION THREE HUNDRED AND THREE OK 
'fill': CODE OF CIVIL PROCEDURE. 

Amendment. Section 1. The General Assembly of North Carolina do 

enact, Thai section three hundred and three of the code of 

Order of appeals, civil procedure be amended so as to read as follows: "To 
render an appeal effectual for any purpose in any civil cause 
or special proceeding, a written undertaking must be exe- 
cuted on the part of the appellant, with good and sufficient 
surety, in such sum as may be ordered by the court, not in 

surety not to ex- any case to exceed the sum of two hundred and fifty dollars,. 

eceti |3o0. tQ ^ e ft ect ^j. tne a pp e ll an t will pay all costs which may 

be awarded against him on the appeal, or such sum as may 

To be deposited be ordered by the court, must be deposited with the clerk 

by whom the judgment or order was entered: to abide the- 



1371-'72.— Chapter 31—32. 37 

•event of the appeal such undertaking or deposit may be 

waived by a written consent on the part of respondent. 

Sec. This act shall be in force from and alter its ratified- When act to take 

effect. 
tion. 

Ratified the 5th day of January, A. D. 1872. 



CHAPTER XXXII. 

AN ACT TO CHANGE THE TIME OF HOLDING THE SUPERIOR COURTS 
IN THE SEVERAL COUNTIES COMPOSING THE THIRD JUDICIAL 
DISTRICT. 

Section 1. The General Assembly of Worth Carolina do Change of Terms 
■enact, That from and after the first day of February, anno courts of the 
<lomini one thousand eight hundred and seventy-two, the District! ^ 
terms of the superior courts of the counties composing the 
third judicial district of North Carolina shall begin in each 
of said counties as follows, instead of as now regulated by 
law : Wilson county, on the fourth Monday in August and 
February ; Wayne county, on the second Monday after the 
fourth Monday in August and February ; Craven county, on 
the fourth Monday after the fourth Monday in August and 
February ; Onslow county, on the sixth Monday after the 
fourth Monday in August and February ; Lenoir county, 
on the eighth Monday after the fourth Monday in August 
and February ; Jones county, on the tenth Monday after the 
fourth Monday in August and February ; Greene county, 
on the twelfth Monday after the fourth Monday in August 
and February; Carteret county, on the fourteenth Monday 
after the fourth Monday in August and February. 

Sec. 2. That all writs of summons, capiases and other A11 legal in . ocm t„ 
legal precepts, recognizances and bonds for the appearance "?J[ S raadc return 
of parties, returnable to the terms of said courts as now 
regulated, shall be, by virtue of this act, returnable to the 
terms as herein established. 



Si> 



iS71*-'72.— Cham i-.r 32-^33. 



OourtG 

Duty of Hi 



SSbh at cop£s'« ■ Sb '• ;: - That immediately after the ratification of this act 
thisaciio Clerks tj ic secretary of state shall furnish the clerk of the superior 

of Superim- J L 

courts, in each of the counties of the third judicial district, 
a certified copy of this act, and it shall be the duty of each 
of said clerks* to give public notice in writing at the court 
house door in their respective counties, and at five public 
places in their respective counties, of the time of holding the 
terms of said superior courts, at the spring term one thousand 
eight hundred and seventy-two, as prescribed by this act, at 
least twenty days before the time of holding the said courts. 

Sec. -k This act shall be in force from its ratification. 

Ratified the Oth day of January, A. D. 1872. 



When act to take 
effect. 



CHAPTER XXXIII 



Ohau<;e of time 
for holding Supe- 
rior Courts. 



All legal proceed- 
ings shall be held 
returnable to said 
Courts as now 
fixed by tlii> act. 



AN ACT TO CHANGE THE TIME OF HOLDING TUE COURTS IN THE 
COUNTIES OF GRANVILLE AND NASH. 

Section 1. The General Assembly of North- Carolina do 
enact, That the times for holding the superior courts in and 
tor the counties of Granville and Nash, in the sixth judicial 
district, shall commence as follows, to wit : Nash county on 
the second Monday in February and August, and Granville 
county on the tenth Monday after the second Monday in 
February and August. 

Sec. 2. That all processes, recognizances, and other legal 
proceedings in civil and criminal actions which have already 
been issued and had, or which may hereafter be issued and 
had, returnable to the next term of said court, shall be 
deemed and held returnable to the several terms of said 
courts as now fixed by this act ; and all persons who have 
been recognized w bound and summoned to appear at the 
next superior court of said counties of Granville and Nash, 
are hereby required to appear at the term as prescribed in 



lS71-'72.— Chapter 83—34. 31> 

this act : and that the secretary of State shall forthwith s «;- g*k i _J° £ " r " 

•z msh ehcrin ami 

furnish the sheriff and clerk of the superior court, and the Clerk mpenor 

1 ' Court and Board 

board of conn tv commissioners in the above named counties of Commissioners 
.,, „' , . J with a copy of 

with a copy ot tins act. this act ; 

Sec. 3. That all laws and parts of laws inconsistent with Repeating clause 
this act are hereby repealed. 

Sec. 4. This 'act shall take effect from and after its ratifl- w J l ™ ;U S? tjke 

ctfect. 

cation. 

Ratified the Cth dav of January. A. I). 1ST2. 



CHAPTLE XXXIY. 

AN ACT FOR THE COLLECTION OF ARREARS OF TAXES IN THE 
COUNTY OF JACKSON. 

Section 1. The General Assembly of IFovth Carolina do Arrears of taxes 

. . . _ , to be collected. 

enact, That the county commissioners ot Jackson county, be, 
and they are hereby authorized and empowered to appoint 
some discreet person in said county to collect arrears of taxes 
levied in said county for the years one thousand eight hundred 
and sixty-nine and one thousand eight hundred and seventy. 

Sec 2. Such person so appointed after filing bond as Bond required, 
sheriffs are required to do for the collection of taxes with 
approved security in double the amount of the estimated 
arrears ot taxes in said county tor said years, shall have the 
same power and authority as was granted the sheriffs and Appointee 
tax collectors of the state by chapter forty-six, laws ot one granted aulhorLt J r 
thousand eight hundred and seventy and one thousand eight 
hundred and seventy one. ratified the tenth day ot February, 
anno domini, one thousand eight hundred and seventy-one. 

Sec 3. This act shall apply to all the territory included Territory in- 
within the boundary line of said county ot Jackson as it 
existed before the creation of the county ot Swain. 

Sec. 4. The collector atoresaid shall receive the same fees p a y of collector, 
and commissions as are allowed for the collection of taxes : 



40 



1871-72.— Chapter 31—35. 



Time determined. 



When act to take 
effect. 



and the taxes collected under the provisions ot this act for 
the years respectively aforesaid, shall be applied according 
to the intent as when originally levied. 

Sec. 5. The powers hereby granted shall determine on 
the thirty-first day of December, anno donini, one thousand 
eight hundred and seventy-two. 

Sec. 5. This act shall be in forced from and after ifs ratifi- 
cation. 

Ratified the 9th day of January, A. D., 1872. 



CHAPTER XXXY. 

AN ACT TO ERECT A TOLL GATE BETWEEN FRANKLIN, NORTH 
CAROLINA, AND CLAYTON, GEORGIA. 



Turnpike: 



•Gate and toll. 



Proviso. 



"When act to be ia 
force. 



Section 1. The General Assembly of North Carolina, do 
< a a<i, That the road leading from Franklin, in the county 
of Macon, to the locust stake, in Georgia line, in the direc- 
tion of Clayton, Georgia, be and the same is hereby declared 
a turnpike. 

Sec. 2. That the county commissioners of Macon county 
be and they are hereby authorized to erect a toll gate on 
said load, and demand such tolls as they may deem proper 
of persons using said road, not exceeding the highest rates 
allowed on the western turnpike : Provided, ISTo citizen ot 
this State shall be required to pay toll thereat. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Ratified the 9th day of Janury, A. D. 1S72. 



1 



1871- 72.— Chapter 36—87. 41 



CHAPTER XXXVI. 

AN ACT TO CHANGE THE LINE BETWEEN THE COUNTIES OF 
MITCHELL AND YANCEY. 

Section 1. The General Assembly of North Carolina do Laad annexed. 

enact, That all that portion of Yancey county lying on the 
north side ot Taw river, be, and the same is hereby attached 
to the county of Mitchell. 

Sec. 2. This act shall be in force from and after its ratifi- f^ act to be ia 
cation. 

Ratified the 9th day ot January, A. D., 1872. 



CHAPTER XXXVII. 

AN ACT TO AMEND AN ACT OF PROCEEDINGS IN CRIMINAL CASES, 
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, Chapter third of chapter one hundred and seventy- 
eight, section eight, laws of one thousand eight hundred and 
■ sixty-eight and one thousand eight hundred and sixty-nine, 
is amended by striking out the words, "or by imprisonment 
an a state prison." 

Sec. 2. Amend section twenty -nine, subdivision two, of Amendments, 
said chapter, by striking out the words, " and when the 
punishment cannot exceed five years imprisonment." 

Sec 3. This act shall take effect from and after its When act to be in 
ratification. foroe - 

Ratified the 9th day of January, A. I). 1872. 



1871-72,— Cmapier 38. 



CHAP TEE X XX VII I. 

A3S ACT TO AMEND THE C HAKTEi: OF TfiE WESTEBX BAJLBOAD" 

COMPANY. 

Kejjeajii:y clause. Section 1. The General Assembly of North Carolina do* 
enact. That so much of the third section of an act of the 
general assembly, ratified December twentieth, one thou- 
sand eight hundred and sixty-six, entitled an act to enable 
the Western Railroad Company to complete its road from 
the coalfields, in Chatham county, to some point on the 
Xorth Carolina Eailroad, as limits the amount of mortgage 
bonds to be issued said company to the sum of nine hun- 
dred thousand dollars be, and the same is hereby repealed, 

Bonus issued. an j said company is hereby authorized to issue such an 
amount of bonds, and upon such terms and conditions as 
they are now, or may hereafter be permitted and authorized 
by the stockholders of said company. 

Amradmentto Sec. 2. That the power granted by the second section 

of an act of the general assembly, ratified August twenty- 
eighth, one thousand eight hundred and sixty-eight, entitled 
'•'an act to amend the charter of the Western Eailroad 
Company,'' be so extended that it shall and may be lawful 

fenlicm e ° f eX * or sa ^ company to extend their road from any point or 
points on the Wilmington, Rutherford and Charlotte Rail- 
road to the South Carolina line, and to connect with any 
road or roads now constructed, or that may be hereafter-" 
constructed, in South Carolina, and any contract made with* 

Contracts bindme an v other railroad corporation or individuals for the con-- 

when approved l>y " L 

a majority of " struction and equipment of the Western railroad or any 
stockholders. , „ ,, * 

part thereof, or of any branch or branches of the same, by 

the president and directors of said company shall bo binding, 
when the same shall be approved by a majority of the stock- 
holders of said company; and said company may begin the- 
construction of any part of said road or any of its branches 
whenever the stockholders may so determine. 



1S7I- 72.— Chapter 3S— 30. 43 

Seo. 3. That any railroad company or any corporation or ^a^for^on^ 05 
ioint stock company legacy organized is hereby authorized stmction of Rail- 
to take or purchase stock, or loan money on credit to or 
purchase bonds or other securities from this company, or in 
any other way or manner whatsoever aid in its construction. 
equipment, extension or operation. 

Sec. i. This act shall take effect and be in force from and When act toi.ein 

. . . force. 

after its ratification. 

Ratified the 10th day of January A. D., 1S71. 



CHAPTER XXXIX. 

AN ACT TO AMEND THE THIRTY-SECOND SECTION OF THE THIRTY- 
FIFTH CHAPTER OF THE REVISED CODE 

Section 1. The General Assembly of North Carolina do Amendment. 
enaetj That the thirty-second section of the thirty-fifth 
chapter of the revised code of North Carolina be amended 
so as to read as follows : Every person on joint or several 
trial for his life, may make a peremptory challenge of twenty- 
three jurors and no more ; and in all joint or several trials 
tor crimes and misdemeanors, other than capital every person Persons on trial 
on trial shall have the right of challenging peremptorily, may make chai- 
and without showing cause, four jurors and no more. And lenge for J urei ' 3 - 
to enable defendants to exercise this right, the clerk in all 
such trials shall read over the names of the jurors on the Right of defend- 
panel, in the presence and hearing of the defendants and 
t!ieir counsel before the jury shall be impannelled to try the 
issue ; and in all trials whether lor capital or interior offences, 
the defendants may have the aid and assistance of counsel 
in making challenges to the jury. 

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

effect. 

cation. 

Ratified the 10th day of January, A. D., 1.8.72. 



44 



1S71-' 72.— Chapter 40. 



CHAPTER XL. 

AN ACT TO INCORPORATE THE CHARLOTTE AND TAYLORSVILLE 
RAILROAD COMPANY. 



Corporate name. Section 1. The General Assembly of North Carolina do 
enact, That a company is authorized to he formed -with a 
capital stock of three hundred thousand dollars, to be divided 
into shares of one hundred dollars each, to be called and 
known as the "Charlotte and Taylorsville Railroad Com- 
pany," for the purpose of building and constructing a rail- 
road, with one or more tracks to be used with steam and 
other motive power, from Troutman's depot on the Atlantic, 

Location of road. Tennessee and Ohio Railroad, in Iredell county, over the most 
practicable route through the counties of Iredell and Alex- 
ander to Taylorsville, and thence, by or near Lenoir and 
Boon, the most practicable route to some point on the Ten- 
nessee line. And such company, when formed as hereafter 
directed, shall have power to receive, possess, own and 

Power granted, transfer real and personal property, to have a common seal, 
and to pass such by-laws, not inconsistent with the laws ot 
this state, as may be necessary to carry out the object of 
the corporation ; shall be capable in law of suing and being- 
sued, pleading and being impleaded, and shall have and 

Rights and privi- enjoy all the rights of other corporate bodies under the laws 
of this state ; to have land condemned for right of war 
according to existing laws, and for all other purposes neces- 
sary to carry into effect the purposes of said company ; and 
shall generally have and possess, all the rights, privileges 
and immunities, and be subject to the limitations and 
restrictions of corporate bodies in this state, and shall have 
the exclusive right to trsnsfer and carry persons, produce, 
merchandise and minerals on and along such railroad at 
such prices as they may fix. 

Corporator?. Sec. 2. That for the purpose of creatiug the capital stock 

ot such company, John Davidson, Esq., Jacob Parker, John 
S. Watts, J. A. F. Watts, A. C. Watts, H. W. Mays, G. 



1871-72. — Chapter 40. *® 

W. Flowers, J. P. Matheson, W. II. Conner, James P. 
White, Ezekiel McLelland, W. S. Melhelm, Marcus Lippard, 
A. Carson, E. P. Matheson. A. C. Mcintosh, E. M. Steven- 
eon, T. J. Watts, E. Watts, G. W. Long, H. J. Alspaugh 
are hereby appointed commissioners, whose duty it shall he 
as soon after the passage of this act as may be, to appoint 
commissioners to open books ot subscription at such places J ^^ sub " 
and at such times as to them shall seem best, and under such 
rules and regulations as they may prescribe ; such subscrip- 
tions or any part thereof may be received payable in 
money, lands, labor, or material necessary in the construction S£»gPjj™ 
of said road, bonds, stocks or other valuable credits, in such 
manner and on such terms as may be agreed on between 
said company or its commissioners or agents and such sub- 
scribers. 

Sec. S: That whenever the sum of one hundred thousand Capital stock, 
dollars shall have been subscribed to the capital stock of 
said company by solvent subscribers, it shall be the duty ot ^^ 

the commissioners aforesaid to call a general meeting ot the fSkhoiders S 
stockholders, after giving notice as to them shall seem suffi- 
cient, and at such times and places as they shall determine ; 
and at all general meetings of said stockholders not lejp ^.^ of stock 
than a majority of all the stock subscribed shall constitute t o form a quorum 
a quorum for the transaction of business ; and said stock- 
holders when so met. in general meeting, shall have power, 

. d ,i:„„~ President and 

and it shall be their duty, to elect a president and fi\e clirec- Directors . 

tors, for said company ; and in electing such president and 

directors, and in enacting such laws as maybe necessary, jMArn to 

ca.-h share of stock represented in person or by proxy shall 

be entitled to one vote ; Provided, If a majority of such Proviso. 

stockholders shall not attend said first general meeting such 

as do attend and are present may adjourn from time to time 

until a majority .-hall appear. 

Sec. 4. It shall he the duty of said stockholders at their M«n ™ tbw 
first general meeting to prescribe the manner and time m .took, 
which payments of stocks on the subscription books shall 
be madeyJProvided: Not more than one half of said sub- Proviso. 



4(5 



1871^72. — Chapter 40. 



Treasurer f.ppoin 
ted. 



Term of office. 



Surveys. 



Vacancy how 
tilled. 



scription shall be called for in one year after said first gene 1 
ral meeting. 

Sec. 5. That it shall be the dnty ot the president and 
directors of said 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 president and directors 
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 suitable 
person as engineer, whose dnty it shall be to make the 
necessary surveys for the location of said railroad, and 
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 
in the absence of the president, elect one for the time. 
Duty of Secre- 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 gene- 
ral meeting in a book to be provided for that purpose. 

Sec 6. That the president and board ot directors shall at 
least 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-law 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 called and prescribe 
the mode thereof. 

Sec. 7. That all persons, the commissioners of any county 
or the authorities of any corporation 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 
proper authorities of any corporation, 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 borrow money to pay such subscription, 
the said subscription to be made by an agent or agents of 
such county, town or corporation properly authorized by 
them to make the same, when so made shall be bind in 2' on 



Annual meetiu 
of company. 



Subscription to 

stock. 



Manner of tut 
scribing - . 



1871-72.— Chapter 40 — 11. IT 

such county, company or corporate body in the same manner 

and to the same extent that it is on the individual subseri, 

bers, and such body corporate or company or county shall Representation. 

be repxesented in all general meetings of the stockholders* 

Sec. 8. That if the capital stock ol said company as anbbo- Iucit -' a ^ oj ' sloc - 
rized by this charter be insufficient to carry out the purposes 
of the same, it may be increased by said company to nine 
hundred thousand dollars. 

Sec. 9. That said company may begin the construction of jjJS5oK tSon ' " 
said road at any point ou the line of location according to 
th ir discretion ; and that for any portion ot said road actu- 
ally constructed, the said company shall be entitled to all 

the privileges of this act into and over such part so con- Privileges at- 
1 ° I taehed. 

stmcted. 

Sec. 10. For the purpose of securing the building of said Corporate power, 
road the company shall have the power to mortgage, sell or 
lease the same with all its franchise or any part thereof. 

Sec. 11. That this act t,hall be in force from and after its Wnen&ct to take 

. ,, . struct. 

ratification. 

Eatiiied the 11th day of January, A. D. IS 72. 



CHAPTER XLI. 

AN ACTIO AMEND AN ACT AUTHORIZING THE COMMISSIONERS OF 
CLEAVE AND COUNTY TO ISSUE BONDS. 

Section 1. The General Assembly of North Carolina do Amendment. 
e-n,act, That section third ot an act entitled "an act to autho- 
rize the commissioners of Cleaveland county to issue bonds,' 1 
ratified the third day of April one thousand eight hundred 
and seventy-one, be amended as follows : in line three after 
the word "year," insert the words, " and for such redemp- 
tion are hereby authorized to levy a tax of not more than Tax levied. 
one-tenth of one per cent, on the real and personal propel ty 
of said county." 



+ ^ 



IS 71- 72.— Chapter 41—42. 



Whenaet to lake Sec. 2. This aet act shall be in force from and after its 
effect. 

ratification. 

Ratified the 12th day of January A. D. 1S72. 



(II AT TEH XL1 I. 



AN ACT TO ATTHORIZE THE COMMISSIONERS OF LINCOLN COUNTY 
TO ISSUE BONDS. 



Preamble. 



Commissioners 

empowered to 
issue bonds. 



Proviso. 



Payment of 
bonds. 



Vote submittf d 

to the people. 



Time of election. 

Sheriff to hold 
election. 



Whereas, The county ot Lincoln is indebted for the 
purchase ot a new site for a poor house, and outstanding 
debts of the county, and which were not contracted in aid 
of the rebellion, and for the purpose ot enabling the com- 
missioners of said county to pay the same : 

Section 1. The General Assembly of JVorfh Carolina do 
enact, That the commissioners of Lincoln county are au- 
thorized and empowered to issue bonds of the county, not 
exceeding ten thousand dollars in amount, in denomination 
from fifty to five hundred dollars; provided, That said 
bonds shall not be sold for less than their par value : nor 
shall said bonds or the proceeds of their sale be used for any 
other purpose than the payment ot the debts herein recited. 

Sec. 2. That the one half of said bonds shall be payable 
in live years, and the other halt shall be payable in ten 
years from date, and shall bear interest at eight per cent. 
per annum, payable semi-annually. 

Sec. 3. That the commissioners of the county shall submit 
this act to a vote of the people of the county for their 
approval during the month of February, and shall have the 
day and object of the election published in every election 
district in the county, at least thirty days before the day ol 
election, and the said election shall be held by the sheriff 
of the county under the same rules and regulations, and 
subject to the same penalties as are now prescribed by law - 
for the holding of other elections in this state. 



lS71-'72.— Chapter 42—4,3—44. 43 



Sec. 4. This act shall be in forc3 from and after its ratifi- Jjjjjg 
cation. 
Ratified the 13th day January, A. D., 1872. 



CHAPTER XLIII. 

AN ACT TO AMEND SECTION IIFTEEN, CHAPTER TWENTY OF 
THE ACTS OF THE SPECIAL SESSION OF ONE THOUSAND 
EIGHT HUNDRED AND SIXTY-EIGHT. 



When act to take 



Amendment. 



Section 1. The General Assemhly of yortli Carolina do 

enact, That section fifteen of chapter twenty, of the acts of 

the special session of the year one thousand eight hundred 

and sixty-eight, be amended by inserting immediately before 

the word " September," wherever the same occurs in said 

section, the words "March and," so that the same powers, 

duties and privileges conferred upon and prescribed for the 

commissioners to be executed at their regular September 

meeting, shall and may be also executed at their regular 

March meeting. 

Sec. 2. That this act shall be in force from and after its When art to take 
... . effect, 

ratification. 

Ratified the f 3th day of January, A. D., 1872. 



C II A P T E R X L I V . 

AN ACT SUPPLEMENTARY TO AN ACT IN RELATION TO THE 
LUNATIC ASYLUM, BEING CHAPTER SIXTY-SEVEN, LAWS OF 
ONE THOUSAND EIGnT HUNDRED AND SIXTY-EIGHT AND ONE 
THOUSAND EIGHT HUNDRED AND SIXTY-NINE. 

Section!. The General Assembly of Worth Carolina do insane person 
enact, Whenever any person shall be tound to be insane in sufficient may »a 
the mode prescribed by chapter sixty-seven, of the laws oi treatment, 
one thousand eight hundred and sixty-eight and one thou- 
4 






50 1S7-J-72.— Chaitee 44. 

sand eight hundred and sixty-nine, being "an act in relation 
to the Lunatic Asylum," ratified on the ninth day of March, 
one thousand eight hundred and sixty-nine, and such person 
shall be possessed of an income amply sufficient to support 
those who may be legally dependant for support on the 
estate of such insane person, and morever to support and 
maintain such insane person in arty named asylum situate 
out of the state ; and such insane person, if of capable mind 
to signify such preference, shall in writing declare his or 
her wish to be placed in such asylum without the state, 
instead of being in the asylum established by the state ; and 
two respectable physicians who shall have examined such 
insane person with the justices appointed by said act to 
make the examination shall deem it proper, then it may be 
lawful for said" justices of the peace, together with said phy- 
sicians to recommend in writing that such insane person 
shall be placed in the asylum so chosen as a patient thereof. 

maf^upp^fifnci- Sec - " It; sl ' a11 be the dut ->' of an ? P ei ' sou having the legal 
custody of the estate of such insane person to supply the 
funds for his or her support in the asylum in which he or 
she may be placed, during his or her stay therein, and so 
long as they may be Sufficient fur that purpose over and 
beyond maintaining and supporting those persons who may 
be legally dependent on the estate as aforesaid. 

Justices report to Sec. ?>. Jt shall be the duty of .-aid justices to report the 

clerk Superior . *' , ' 

Court. proceedings m all such cases to the clerk of the superior 

court of the county into which such insane person may reside 
or be domiciled, as provided in sections sixteen and seven- 
teen of said act. 

Who shall submit Sec. 4. The clerk of the court shall lav the said proceed- 
to Judge Superior . i-i ,.i . ",.,,... 
Court, ami record mgs before the judge of the superior court of the district in 

which the insane person may reside or be domiciled, and. if 

he approve them, he shall 60 declare in writing, and such 

proceedings, with the approval thereof, shall be recorded by 

said clerk. 

Certitied copy S EC . 5. A certified copy of such proceedings with the 

warrant to re- . - -. 

move. approval of the said judge, shall be a sufficient warrant to 

authorize'any friend or friends of the insane person appointed 



1871-72.— Chapter 44—45. 51 

by the said judge to remove him or her to the asylum 
designated. 

Sec. 6. This act shall be in force from and after its ratiti- When in force, 
cation. 

Ratified the 13th day of January, A. D. 1S72. 



CHAPTER XLV. 

AN ACT FOR THE RELIEF OF SUCH PERSONS AS HATE SUFFERED 
FROM LOSS OF RECORDS IN CLAY COUNTY. 

Section 1. The General Assembly of North Carolina do Lost deeds may 

J J be replaced by 

enact, That where any conveyance executed by any person duplicates. 

or sheriff, clerk and master, or commissioner of court has 

been lost, and there is no copy thereof, such persons, whether 

in or out of office, may execute another of like tenor and 

date, receiving thereon that the same is a duplicate, and such 

deed shall be evidence of the facts therein contained or 

receited in all cases wherein the parties thereto are dead, 

or are incompetent witnesses to prove the same to the extent 

as it it were the original conveyance. 

Sec. 2. That the records of any court in or out of the Informal ceitifr 

elites to l)c rt •■ 

state, and all transcripts of such records, and the exhibits ceiveda^evi- 
filed therewith, in any case shall be adniissable to prove the ence " 
existence and contents of all deeds, wills, conveyances, 
depositions and other papers, copies whereof are thei ein set 
forth or exhibited in all cases where the record and* registry 
of such as were or ought to have been recorded and regis- 
tered, or the originals of such as were not proper to be 
recorded or registered, have been destroyed as aforesaid, 
although such transcript or exhibit may have been informally 
certified, and when offered in evidence shall have the like 
effect as though the transcript or record was the transcript 
of the record of the court whose records are destroyed and 
the deeds, wills and conveyances, depositions and other 
papers therein copied or herewith exhibited were original. 



52 



1S71- 72.— Chapter 45—46. 



Jadge of Probate 
b^s power to re- 
txeeute lost pa- 
pers upon satis- 
factory evidence. 



Copies of decd6 
may be registered. 



When act to be in 
force. 



Sec. 3. That in all eases where persons are dead or 
removed from the state, and it is made to appear to the sat- 
isfaction of the judge ot probate that any donee, barganee, 
or mortgagee has lost any paper or papers which were or 
might have been registered according to law by the destruc- 
tion of the records aforesaid, it shall be lawful for the judge 
of probate of said county of Clay, upon satisfactory evidence 
given before him ,by two or more witnesses under oath of 
such loss, to re-instate or re-execute such lost papers, reciting 
therein the that the same is done under the provisions of 
this act, and the same shall be as valid to all intents and 
purposes as the orginal papers. 

Sec. 4. That the copies aforesaid ol all such deeds, wills, 
conveyances and other instruments proper to be recorded or 
registered as are mentioned in the preceding sections may 
be recorded or registered on application to the court, and 
due proof that the original thereof was genuine. 

Sec. 5. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th day of January, A. D., 1S72. 



CHAPTER XL VI. 

AN ACT TO AMEND CHAPTER ELEVEN OF CODE OF CIVIL 
PROCEDURE. 



Amendment. Section 1. The General Assembly of North\Carolina do 

enact, That paragraph four hundred and seventy-eight, 
chapter eleven of the code of civil procedure, be amended 
by striking out in lines nine and ten of said paragraph, the 
words, "which must be filed with the judge of probate." 

When aet to take Sec 2. That this act shall be in force from and after its 

cffect ratification. 

Ratified the 15th day of January A. I)., 1S72. 



1871-72. — Chaptee 47 — 48. 



CHAPTER XLTII. 



53 



AN ACT SUPPLEMENTARY TO AX ACT ENTITLED " AN ACT T«> 
AMEND THE CHARTER OF THE NORTH WESTERN NORTH 
CAROLINA RAILROAD COMPANY, AND FOE OTHER PURPOSES. 

Section 1. The General Assembly of North Carolina do ^^ mentt0 
enact. That the aforesaid " act to amend the charter of the 
North Western North Carolina Railroad Company, and for 
other purposes,*' passed at the present session, be amended 
as follows, to-wit : by striking out from the preamble thereof 
the first paragraph thereof, beginning with the word, ^ggj* 11 
"whereas,"' and ending the words "February eighteen struck out. 
hundred and sixty-nine," and insert the following : "Whereas, 
the North Western North Carolina Railroad Company, 
executed and delivered to the state a mortgage, dated the 
twenty-sixth day of June eighteen hunched and sixty-nine, 
conveying its entire road, property and franchises in the 
same, upon the conditions, and for the purposes provided 
tor by an act of the general assembly of North Carolina, 
ratified the third day of February eighteen hundred and 
sixty-nine.'" 

Sec 2. That section one of said act be also amended by Amendment, 
striking out in line seven the words "both of the mortgages 
aforesaid," and inserting in the room and stead thereof the 
words, " the said mortgage." 

Sec'. 3. That this act be in force from its ratification. When act to take 

Ratified the loth day of January, A. D., 1872. 



CHAPTER XLVIII. 

AN ACT TO AMEND " AN ACT TO INCORPORATE THE GREENVILLE 
AND FRENCH BROAD RAILROAD COMPANY." 

Section 1. TJie General Assembly of North Carolina do Amendment. 
enact, That the first section of " an ^act to incorporate the 



54 



1871-72.— Chapter 48. 



Conjunction of 

Kiiilioid. 



Greenville and French Broad Railroad Company,'' ratified 
the thirteenth day of February, eighteen hundred and 
fifty-five, be amended so as to read as follows. That for the 
purpose of establishing a communication by railroad from 
some of the railroads now built, or in course ot construction 
in South Carolina along the French Broad valley, across 
the western part of this state, so as to effect a direct com- 
munication between one of said roads in South Carolina, 
and the east Tennessee and Virginia railroad in east Ten- 
nessee. jNIontraville Patton, William D. Rankin, Ephraim 
Clayton, William Johnson. M. P. Penland. E. J. Aston, 
A. II. Polk, Robert B. Vance, A. T. Davidson. A. E. Hall. 
II. T. Farmer, T.W.Taylor, John D. llyman. P. F. Patton. 
V. Ripley, R. W. Allen, Alexander Henry, Georgo W. 
Fletcher, Daniel Blake. S. Swandale, Alexander McBee, 
O. P. Mills, Thomas Gower, Simpson Bobo. Gabriel Can- 
non and D. J. Twitty, their associates, successors and 
assigns, are hereby constituted a body politic and corporate, 
under the name and style ot " The Greenville and Krench 
Broad Railroad Company," and shall have all the rights. 
Corporate rights, privileges and immunities granted by said act, and the same 
powers and rights granted to the commissioners appointed 
by the second section of said act. 

Sec. 2. That the provisions of the said act as amended by 
the first section of this act, and other act of the general 
assembly amendatory thereof be, and the same are hereby 
re-enacted. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Ratified the 15th day of January A. D., 1872. 



Corporate name. 



Jict re-enaeted. 



Wheti act to be in 
jorce. 



1871-72.— Chapter 49. 35 



CHAPTER XL IX. 

AX ACT TO PROVIDE FOR THE COLLECTION OF TAXES BY THE 
STATE AND THE SEVERAL COUNTIES OF THE STATE OX 
PROPERTY, POLLS AND INCOME. 

Section 1. Valuation of Lands, when to he made : 

The General Assembly of North Carolina do enact, The Timetovafee 

township board of trustees shall list the lands of the state 

on the valuation of eighteen hundred and sixty-nine, subject 

to exception hereinafter made, 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 April, eighteen hundred 

and seventy-two, 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 

towns are located, and in that case such compensation as the 

commissioners of such county may allow. "Whenever no 

legal board of trustees shall exist in any township the county iuf or mai Board 

commissioners of such county, at a meeting to be held thirty of Traste<3S ~ 

days after the ratification ot this act, shall appoint in every 

such township three assessors, qualified to serve as jurors, 

two of whom shall be owners of real estate in the county, 

who shall constitute boards of trustees for the township, for 

the purpose of performing all the duties of a regular board 

of trustees recmired to be performed by this act, said board 

shall be entitled to the same per diem as regular board of 

trustees. When land or town lots since last valuation shall 

have increased in value by means of metal, coal, or other 

valuable thing being discovered or mines worked, or by 

reason of new buildings being erected, or where the town 

lots or lands since such valuation shall have decreased in 

value by reason of fire or other cause, or by reason of failure 

of mines, the persons taking the tax lists shall re-value said 

land or lot and such value shall be returned in the list. 



5K 1371-72. — Chapter 40. 

Sec. 2. Meaning of the words "lands and real property" in 
this act : 

The words "land and real property" shall be construed in 
this act to include not only the soil, but all buildings and 
erections thereon, all rights and franchises appurtenant 
thereto, and all mines or minerals on or under the suriaee. 

Sec. 3. Board shall be notified : 

Notice given. The county commissioners, by their clerk, shall give to 

the township boards, previous to the fifteenth day of March, 
a notice to list the taxable lands and assessments of personal 
property according to the first section of this act, together 

Proviso. with the proper blanks for the same : Provided, That ten 

days notice after the reception of a copy of this act shall be 
allowed to the commissioners of the several counties of the 
state to give said notice for this year. 

Sec. 4. Board to advertise in their township : 
rubric adverse- The board shall advertise in three or more public places 
within their township, within ten days after they have been 
notified by the county commissioners, as provided for in 
section three. 

Sec. 5. When the list is to le given in : 
Time specified. The list shall be given in by the person charged or his 

agent, within twenty days after due notice given, as herein 
prescribed. The property of a corporation shall be given 
in by the president, cashier, treasurer or other person ap- 
pointed for that purpose. 

Sec. 6. Ileal property and farming stock, die., shall be given 
in where situated on the first day of April : 
Time and piaceto All real property and all stock, farming utensils and other 

list real estate* . 

personal property used in connection with the cultivation of 
a farm subject to taxation shall be given in in the township in 
which said property is situated on the first day of April, 
and where the line of any township runs through any resi- 



1871-72.— CnAPTEE 49. 57 

dent's land, the same shall be listed in the township ot such 
resident. 

Sec 7. All other property and polls to he given in where 
tax payers reside on the first day of April : 
All other personal property whatever, including moneys, Wheutoiist 

1 . . ' . other property. 

credits, investments in bonds, stocks, joint stock companies or 

otherwise, and all taxable polls, and all other subjects liable to 
taxation, except such franchise and personal property as are 
herein specially provided for, shall be given in in the town- 
ship in which tire person so charged resides on the first day 
of April. The residence of a corporation, partnership or 
joint stock association, for the purpose of this act, shall be 
deemed to be in the township in which its principal 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 persons or a corporation, partnership or association, and 
divided by township lines, shall be given in in that township 
in which the larger part thereof is situated. 

Sec. S. Taxpayer to give in list of Ms property : 

At the time and place appointed by the board the tax Oath adminis- 
payer shall attend, and the board shall read over to each one payers, 
giving in his list, all the articles and subjects of taxation, 
and thereupon he shall render to the board his or her list of 
taxables, and at the same time taking the following oath : 
I, A. B., do solemnly swear for affirm) 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 Inventory of tax- 
giving in, and shall refer to the first day of April, in that year : 



58 1871-72. -Chapter 49. 

SKJXJrt* • ax ' 1st. The quantity oi land listed in the township last valua- 
tion. The land shall he described by name if it has one, 
otherwise in such way that it may be identified. 

2nd. The number of horses, mules, jacks, jennets, goats, 
cattle, hogs and sheep separately, and the value thereof. 

3rd. The estimated value above two hundred dollars, 
without specifying the articles, of farming utensils, tools of 
mechanics, household and kitchen furniture, provisions, arms 
for muster, wearing apparel for the use of owner and family, 
libraries and scientific instruments. 

4th. Money on hand or on deposit in any hank including 
therein all funds invested within thirty days before in United 
States bonds, national bank stock, or other non-tax paying 
whatsoever, with the intent to evade the payment of state. 
county or other taxes. 

5th. The amount 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 or of the United States, exempt 
irom taxation by law, except rent accruing tor the current 
year for the hire of taxable property. If any credit be 
regarded as not entirely solvent, it shall be given in at 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 
association, 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 silver ware, and 
the watches and jewelry possessed by the party , h is wife, or 
any minor child. 

Sth. The income of the party for the ten months next 
preceding the first day of April 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 deducted, and also the amonnt derived from any trade, 
purchase or profession taxed by the laws of this state. 



18 71-' 72.— Chapter 49. 59 

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 taxes. 

Sec. 10. Guardians, Executors, etc., to give in separately : 

Every guardian, executor, administrator or trustee shall Taxes taken seja- 

J & ' ' rately by guar- 

in like manner, but on a separate, give in the ^property tfians.. 
held 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 chief 
officer of the said several corporations on the day fixed by 
this act tor the giving in of taxable property to the 
treasurer of the state, and shall be assessed by the said treas- 
urer, the auditor and the governor of the state ; and their 
valuation shall be returned to the county commissioners of 
any county in which any part of said roads, or canals, or nav- 
igation works shall be: and the tax upon such franchise so Valuation off ran- 
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 Proportionate 
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 ves- 
sels emplo}'ed by any canal or navigation company, on its 
canals or works, shall be valued with the franchise. 

Sec. 11. What property exemj>tfrom taxation : 

1st. The property belonging to the United States or this Exemptions, 
state, or to any county or incorporated city or town. 

2d. The property belonging to and set apart, and exclu- 
sively used for the university, colleges, institutes, academies, 
the masonic fraternity, order of odd fellows, knights of 
Pythias, good templars and friends of temperance, schools 
for the education of youth or support of the poor and afflict- 
ed, such property as may be set apart for and appropriated 
to the exercise of divine worship or the propagation of the 



• '»!> 



18"l-'72.— Ciiapteb 49. 



Limit of 
tii 



Failure o 
plianee a 
mcanor. 



cxi mi> 



i: com- 

rnisde- 



Kefereaceof ]h 
and character? 



Annual raluation. 



gospel, or used as parsonages, the wine being the property 
of any religions denomination or society. 

3d. 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. 

1-th. Such property of the state and agricultural societies 
as may be set apart and used by them for agricultural fairs. 

5th. Arms for muster, wearing apparel and provisions foi 
the use of the owner and his family, household and kitchen 
furniture, mechanical and agricultural implements of me- 
chanics and farmers, libraries and scientific instruments, 
not exceeding in aggregate value two hundred dollars: 
Provided, That the exemption from taxation shall not 
exceed two hundred dollars in behalf of any individul tax 
payer. 

6th. If any township board of trustees in any county of 
the state shall fail to allow the exemptions prescribed in the 
last preceding sub-division, or shall knowingly allow tax 
payers more than is exempted in said section, the members 
of said board concurring in said action, shall be each person- 
ally guilty of a misdemeanor, and, on conviction, shall be 
punished in the discretion of the court. 

Sec. 12. The lists to refer to the first day of April :\ 

The lists shall refer to the first day of April of the year in 
which they are given, and relate to the quantity, condition 
and value of the property, and to age of the party, in refer- 
ence to his liability to a poll tax on that day. 

Sec. 13. How the property shall be valued: 

In the year prescribed for the valuation of the lands, the 
board shall affix to the description of each piece of land its 
true value in money on the first day of April in that year, 
as hereinbefore prescribed, and this value, unless altered as 
herein prescribed, shall be annually fixed to that land until 
a new valuation is made. They shall in every year value 
the personal property at its true value. The valuation found 
by them they shall affix to every species of property partic- 



1 S 71-72. — Chapter 49. r,l 

ularized in section nine of this act. If any person liable to Penalty, 
be charged with taxes shall refuse to answer any question 
respecting his taxable property, he shall be guilty of a mis- 
demeanor, and, on conviction, liable to be punished by fine 
or imprironment, and it shall be the duty of the board to 
whom the refusal is made, to bind over the offender to ap- 
pear at the next term of the superior court of the county, 
and to report the fact to the solicitor of the judicial district 
in order that the offender may be prosecuted. In valuing the RaiiTOaTpvo- 
property of railroads and other corporations in which the P ert J'- 
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 corporators, shall 
be charged by the corporation on the individual stockholders 

only, and when any dividend shall be declared, the dividend Dividend de- 

JJ " . . clared. 

to the state shall exceed that to individual corporators by 

the amount of all taxes previously paid. Stocks or shares 

in incorporated companies shall not be taxed when the 

property of the company is taxed. 

Sec. 14. Auditor to provide forms, and Sheriffs to distrib- 
ute to Hoards of Trustees : 
The auditor of the state shall prepare a form to be used Foraiular used, 
in listing propeity for taxation, and each year shall furnish 
the sheriff of each county, on or before the fifteenth day of 
March, with a sufficient number of printed copies, bound in 
book form with pasteboard backs, and the sheriff shall 
deliver to the board of each township a sufficient number of 
such forms for their use. 

Sec. 15. Board to make an abstract of their tax lists : 

The board shall make an abstract of the tax lists given in Abstracts of tax 

list?. 
to them according to form, to be furnished by the auditor of 

the state, and shall, on or before the first Monday of May in 

each year, return such abstract to the clerk of the commis 

sioners. They shall also return a list of all property in the 

township, if not given in for taxation, with a description and 



«2 



1871-72.— Chapter 49. 



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 
Fee admissible, a copy of so much thereof as relates to his property, on 
paying a fee of ten cents. 



Revision of tax 

lists. 



Power of (Com- 
missioners. 



Skc. 16. County commissioners to revise lists, when : 

The county commissioners ot each county shall meet on 
the third Monday in May 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 oppo- 
site his name. They shall sit for three days at least, and 
when necessary, shall sit until the revision is complete, and 
shall hear all persons objecting to the valuation of their pro- 
perty, 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 be 
right and just, and so that the valuation of similar property 
throughout the county shall be as near uniform as possible. 
They shall have power to raise the valuation upon such 
property as they shall deem reasonably low. The county 
commissioners on the prescribed oath may take the list of 
any person applying to list his taxables at any meeting of 
the commissioners held on or before the first Monday in 
July, upon his paying the clerk twenty-five cents for record- 
ing the same. The commissioners shall ascertain the value 
of their property by the examination of witnesses or other- 
wise, and insert it in the abstract ; and without satisfactory 
excuse they shall add 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 complaint-? of excess proceeded with : 
Justice rendered If any person shall complain before the commissioners 

fflT 6XCC?S of t-ftX- 

ation. ' that his property, either real or personal, has been impro- 

perly valued, or that he is charged with an excessive tax,. 



1S71- 72. — CnArrEK 49. 63 

he shall present his claim in writing, and they shall hear any 
evidence adduced by him, and shall summon and examine 
any witnesses necessary for a just decision of the question. 
If they decide against the complainant they shall also give 
judgment against him for the costs of the investigation, but 
if the county commissioners shall find that he has cause for 
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 year. 

Sec. IS. 

If the application for relief be made to the commissioners Manner of relief. 
after the sheriff shall have settled the accounts with the 
auditor, the commissioners shall carefully examine the case, 
and it in their opinion the applicant is entitled to relief, 
shall direct the clerk to record, on the record book, the cause 
of 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 the 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 pre- 
sentation of such warrant, pay to the holder of the same the 
amount to be refunded. 

Sec. 1'.'. Persons not giving in In >>< charged with double 
tax : 

The county commissioners shall insert in the abstract of Double Ltution, 
the tax list for each township, the description and valuation 
of all property not given in, with the name of the person 
supposed tn he liable for the taxes thereon, and the names 
of all persons in each township liable tor a poll tax who 
failed to give themselves in, and shall charge all such persons 



64 



1871-72.— Chapter 49. 



Exemption from 

poll TfiX. 



with double the tax with which they would otherwise be 
chargeable ; unless satisfactory excuse therefor be rendered. 

Sec. 20. County Commissioners may exempt from pott-tax : 

The county commissioners shall have 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 
sheriff a list ot all persons so exempted with the amount of 
taxes charged against them, and shall also send a copy oi 
such list to the Auditor of State, and the sheriff shall lie 
entitled to a deduction for such taxes in any settlement he 
may be required to make. 

Sec. 21. Copies of revived 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 auditor of the state. Such form shall show in dif- 
ferent columns the amount due by each tax payer to the state 
and to the couuty, one of said copies shall remain in the 
office of the clerk of the commissioners, the other shall lie 
delivered to the sheriff on or before the first Monday in 
July in each year, and he shall receipt for the same. The 
Endoisation of clerk shall endorse on the copies given to the sheriff an 
order to collect the taxes therein mentioned, and such order 
shall have the force and effect of a judgment and execution 
against the property of the person charged in such list. In 
such list the clerk shall note all appeals from the judgment 
of the commissioners which have been perfected by the 
giving of bond as prescribed. 



Distribution of 
revised tax list?. 



Bond required. 



Clerk to make 
returns. 



Sec. 22. 

The clerk of the commissioners, on or before the first 
Monday in September after the lists are returned, shall 
return to the auditor an abstract of the same, showing the 
number of acres of land and their value, and the value ot 
town lots, and the number of white and colored polls sepa- 



1871-72.— Chapter 49. 



G5- 



rately, and specify every other subject of taxation, and the Specification of 
amount as state and county tax paid on each subject, and 
the amount paid on the whole. At the same time the clerk 
shall return 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 each poll and on each one hun- 
dred dollars value of real property for each purpose, and g^™l£SSX 
also the gross amount of taxes of every hind levied for of taxes, 
county purposes. 

Sec. 23. 

If any clerk shall make a default of any of the duties PenaUy f or defaK 
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 the state one thousand dollars 
to be recovered against him and the sureties of his bond in 
the superior court of Wake county, at the term next after 
the default, on motion of the state solicitor, and it shall be 
the duty of the auditor to inform the solicitor of such de- 
fault. 

Sec. 21. In case land be divided, how tax may be appor- 
tioned : 

In case within the interval between two regnlar periods Apportionment 

. of valuation. 

for the valuation of land or real property, any piece of land 

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 days 
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 judg- 
ment of said board, on the production of a certified copy 
thereof; Provided, That no amendment made after a tax on 
the land has become due shall operate to affect that tax. 



<w 



1S71-' 72.— Chapter 49. 



Reduction of 
•valuation. 



Insurance to 
effect valuation. 



Sec. 25. If valuation altered, when: 

If after any listing of real or personal property and before 
the tax thereon shall become due, the property shall become 
destroyed or depreciated over twenty-five per cent, on its 
assessed value, otherwise than by act ot the owner, the 
party charged may apply to the county commissioners, and 
upon proper proof, may have the valuation reduced, and the 
board of trustees shall thereupon immediately furnish to the 
clerk of the county commissioners, as well as to the party, a 
certified copy of their order in the premises, or the party 
may apply to the county commissioners who shall make the 
proper order in relation thereto. If the property was in- 
sured the amount ot the insurance shall in such case be con- 
sidered in altering the valuation. In like manner if property 
shall have increased twenty-live per cent, over its assessed 
taxable value the sheriff of the county upon ten days notice 
to the owner, may apply to the board ot trustees to alter 
the valuation of the property, and upon proper proff they 
shall do so ; but the valuation shall not be altered if the 
appreciation has occurred in consequence of improvements 
made on the property by draining, clearing, building, or the 
like. 



Sec. 26. When taxes may lepaid, when due : 
Time of payment. All taxes shall be due on the first Monday of July in each 
year. When paid, the sheriff shall note on the tax list 
against the name oi the party the date of payment and the 
Receiptgiven. amount paid, he shall also give a receipt to the parties stat- 
ing the amount ot the state and county tax separately, and 
Proviso. the date of payment : Provided, The sheriff shall not collect 

the taxes tor 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 or tax collector). Before receiv- 
ing the tax lists he shall produce the receipts of the state 
and county treasurer, (if he was the sheriff tor the previous 
year), to the clerk of the countj* commissioners, and in the 
event the sheriff fail to produce the aforesaid receipt, the 
county commissioners shall appoint a tax collector who shall 



18 71-' 72.— Chapter 49. 67 

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 istered. 
persons, they shall, before the clerk of the board of com- 
missioners, or before a justice of the peace of the county, 
take and subscribe an oath faithfully 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 Misdemeanor. 
guilty ol a misdemeanor. 

Sec. 27. 

The sheriff or his deputy shall attend at the court house, Time and place 
, i . rn • ,, . , , -i ,. f° r receiving 

or at Ins office in the county town, during the months of taxes. 

August and September, for the purpose of receiving taxes ; 
he shall also in like manner attend at least one dav during 
the months of July and October, at some place in each town- 
ship, of which twelve days' notice shall be given by adver- 
tisement at three or more public places ; Provided, That Proviso, 
nothing in this section shall be construed to prevent the 
collecting officer from levying and selling after the first day 
of September, but he shall not sell before that day. 

Sec. 28. IIovj sheriff to collect : 

Whenever the taxes shall be due and unpaid, the sheriff collection of 
shall immediately proceed to collect them as follows: unpaid taxes. 

1st. If the party charged have personal property of a value Property seized 
equal to the tax charged against him, the sheriff shall seize andsollU 
and sell the same, as he is required to sell other property 
under execution. 

2d. And before sale of land no insolvent taxables shall be 
credited to the sheriff 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 subscribed 
by the sheriffs, he shall return to county commissioners 
before said settlement, and the same shall be allowed only 
on his making oath that he has been at the dwelling house 



08 lS71-'72.— Chapter 49. 

or usual place of abode of each of the tax payers, and could 
not there or elsewhere in the county find property where- 
with to discharge his taxes or such part thereof as is returned 
unpaid, and that the persons contained in the lists were 

Insolvency. insolvent at 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 shall 
be returned to the auditor of the state on or before the day 
of settlement of the sheriff with the treasurer. 

deimnmJtT^ ° f 3cl - ^ t!ie P :lrt .7 charged has not personal property to be 
found in the county of sufficient value, the sheriff shall levy 
upon the lands 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 enter the same in a book to be 
kept for the purpose, charging therefor ten cents for each 
levy ; the sheriff shall notify the delinquent of such levy and 
tit 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 post 
paid to the delinquent. If the delinquent has no known 
agent in the country, or his address cannot with reasonable 
diligence be ascertained, the sheriff shall publish a notice 
substantially as above described at the court house door and 
two other public places, and also in some newspaper 
published in the county where the land is situated, and if 
there be no newspaper published in the county, then in the 
nearest newspaper. The notice shall be served or published as 
aforesaid at least thirty days before the sale of the land : the 
sale shall be made at the court house of the county in which 
the land lies, and shall be on one of the days prescribed tor 
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 dats thereof, of the name and address of the pur- 



1871-72.— Chapter 49. 69 

chaser, 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 J^| eofresi " 
person liable for taxes, not having property in the county 
where such taxes are due, shall have property in any 
other county or shall remove from his county alter the day of 
listing, or carry his property therefrom, the collecting officer 
•shall return 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 g^f/^x^of 
same to the proper collecting officer of the county where the non-residents, 
person or property may be, who shall collect the amount due 
thereon with ten per cent, added, which percentage 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 
collected. 

4th. It is expressly declared that the lands of a minor? Lands belonging 

,.-,,-,. -i to persons of tm- 

Junatic, or person non compos mentis, shall m no case be sound mind not 

liable to be sold for taxes ; but should any guardian of the tasable - 

estate of such person, not pay the taxes on the property of 

such person when due, the tax list in the hands of the 

sheriff, charging him as guardian, shall be an execution to 

be satisfied out of his individual property, or out of the 

personal property of such ward. 

Sec. 29. Who is to he purchaser and lohat he shall pay : property given to- 

_, , ' , , , , , , ., ., , , , i it the highest bid- 

The highest bidder shall be the purchaser; he shall dcr. 
immediately 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 bv the register of deeds. 



70 



1871-'72.— Chapter 40. 



Sheriff may bid off 

?rope 
tat*. 



property for the 
8ti • 



Deed must be 
registered. 



Property can be 
redeemed by de- 
linquent. 



Failure of delin- 
quents to redeem. 



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. The deed shall be deposited with- 
out delay by the auditor with the secretary of state. The 
property so purchased by the state shall be under the con- 
trol of the board of education, but may be redeemed as 
hereinafter prescribed. 

Sec. 31. The delinrpient 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 use of the purchaser, and the clerk shall give 
a receipt therefor. Such payment shall be equivalent to 
payment to the purchaser. The delinquent may cause the 
receipt of the purchaser or of the clerk to be registered, and 
the register of deeds shall refer to such registration on the 
margin of his registration nf the receipts from the sheriff" 
to the purchaser. After the payment to the purchaser or to 
the clerk for his use as aforesaid, his right under the pur- 
chaser shall cease. ~No sale of property by the purchaser 
or by the delinquent within twelve months shall convey to 
their respective vendees any other rights or estates than the 
parties themselves possess. 

Sec. 32. If the delinquent shall fail to redeem : 

If the delinquent shall fail to redeem as prescribed in the 
preceding section, the purchaser may, within eighteen 



1871-72.— Chapter 49. Tl 

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 

ot the twelve months next succeeding the sale to the day of 

payment, and demand a deed. The sheriff shall receive the g t < ^i vested m 

money tor the use ot the delinquent and make the deed. 

The sheriff shall be entitled to retain from the money so 

paid for his trouble in the premises, two 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 snail convey to 

the guarantee therein all the estate in the premises which 

the delinquent had at the time ot the sale for taxes. 

Sec. 33. 

In case the state becomes the purchaser under section SS^JJa^SS 
thirty, then within twelve months after the sale the delin" tax. 
quent may pay to the county treasurer the county taxes due 
with twenty-five per cent, added thereto, and to the public 
treasurer the state tax due and twenty-five per cent, added 
thereto, together with the costs allowed the sheriffs in the set- 
tlement under subdivision three, section thirty-six, of this act 3 
and upon presentation of the several receipts of those officers 
respectively to the secretary of state, that officer shall endorse Endorsement by 

. i l j. j. 4.\, Sec . State. 

upon the deed conveying the property to the state, these 
words, "Taxes and costs paid, delinquent restored to his 
rights," and sign the said endorsement, annexing the seal 
of his office thereto, and charging thirty-five cents therefor, 
and shall deliver the deed to delinquent or his agent. And 
upon presentation of said endorsement to the register ot the 
county where the land lies, he shall enter the same on the 
margin ot that page of the county records on which is 
registered the deed made to the state by the sheriff, charging Deed registered, 
fifteen cents therefor ; and such endorsement, delivery, and 
registration shall have the effect of reinvesting the delin- 
quent with all his rights in the premises. That the time Time of redemp- 
for redemption of any property heretofore bought by the 



T2 1871-'72.— Chapter 49. 

state is hereby extended until the 30th day of November, 
eighteen hundred and seventy-two. That wherevef the 
word delinquent is used in this act, it shall be taken to l-neau 
delinquent, or his heirs or assigns. 

Sheriffs required Sue. 34. 
to keep records. 

Every sheriff shall keep a record ol the taxes collected 

by him from the clerk of the court, and under schedule B 
of the revenue act, and all forfeitures, arrears from insol- 
vents, 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 persons, the subjects on 
Affidavit taken, 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 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 in a conspicuous place in the court house until the 
first of January next ensuing. 

Settlements of ^ EC - ^°' 

The sheriffs or other accounting officers shall on or before 
the first Monday in December in each year, settle their ' 
state tax, account with the auditor and pay the amount for 
which he is liable to the treasurer of the state. The audi- 
tor 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 
sheriff, tax collector and other accounting officer, in making 

Manner of settle- his settlement as aforesaid, shall render to the auditor a 
duplicate of the list required in section thirty-four of this 



lS71-'72.— Chapter 49. 78 

act. In such settlement the sheriff or other officer shall be 
-charged witn the amount of public tax as the same appears 
by the abstract of taxables transmitted to the auditor, also 
with all double tax and taxes on unlisted property by him 
received, and with all other tax which lie may have collected 
or for 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 col- 
lector shall deposit with the clerk of the commissioners of 
his county for public inspection. 

Sec. 36. 

The auditor, in making the settlement with the sheriff or Deductions from 
. . lists 

tax collector as aforesaid, shall deduct from the lists returned : 

1. The amount of taxes charged against any person whom 
the clerk of the commissioners shall certify to have appealed 
from a decision of the commissioners respecting his liability 

and to have given the bond required ; Provided, That the Proviso. 
clerk of the court to which the appeal was taken shall certify 
that it is pending and undecided. The sum so unliquidated 
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 favor of the appellant. 

2. All poll tax and taxes on personal property certified 
by the clerk of the commissioners of the county, by order of 
the commissioners, to be insolvent and uncollectable. 

3. The amount of state tax on land bid off by the state, Compensation. 
with the cost attendant on the whole on producing the cer- 
tificate of the secretary of state, as is provided for in section 

thirty of this act. The cost allowed shall be for making the 
deed, fifty cents ; for registering, twenty -five cents ; and 
such other sums as were actually paid out by the sheriff. 

4. All over payments made in former settlements by 
reason of any error in the clerk's abstracts of taxables. 

5. Five per cent, commission on the amount collected. Commission em 

1 collection. 



7-1 1871-72.— Chapter 49. 

Sec 37. 
sc and mileage. p or jjj s settlement with the state treasurer, the sheriff' or 
tax collector shall be paid three dollars for each day lie may 
be necessarily engaged therein at the city of Raleigh, and 
traveling expenses to and from said city, at the 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. 38. 

Penalty for fail- j n every case of failure by the sheriff or other accounting 
LireofeettH tnei ts J J & 

by Sheriffs. officer to settle his accounts within the time prescribed in 

this act for such settlement and to take the oath required en 
his settlement, and pay the amount due the treasurer and 
exhibit his receipt in full to the auditor, 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 insolvents, but adding thereto one thousand 
dollars and ten per cent, of the amount of taxes with which 
said sheriff is charged for the amount of taxes supposed not 
to appear in the list transmitted by the clerk, and if the 
whole amount be not paid, the treasurer, on motion of 
the solicitor of the sixth judicial district, in the superior 
court of "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 delinquency 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 seal of 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, or shall fraudu- 
lently make any deed to the state under section thirty of 



1871-72.— Chapter 49. 75 

this act, he shall be deemed guilty of a misdemeanor, and 
upon conviction thereof in any court of competent jurisdic- 
tion, shall be sentenced to pay a fine in the discretion of the 
court and be imprisoned not less than three nor more 
than twelve months. 

Sec. 39. Sheriffs to pay county taxes, when : 

The sheriff or the tax collector shall pay the county taxes Accountability of 
to the county treasurer, or other lawful officer. He shall at 
no time retain in 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 
retained. On or before the eighth day of January in each 
year, the sheriff shall account with the county treasurer or 
other lawful officer, for all taxes which 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 the county taxes and shall 
be allowed to deduct therefrom, in like manner as is pre- 
scribed in sub-divisions one, two, four and five of section 
thirty-six of this act, respecting his settlement of state 
taxes, and also the amount of county tax on land laid off 
for the state on producing a certificate from the secretary of 
state that a deed for the same has been deposited with him. 

Sec. 40. County commissioners to appoint a committee, to 
assist in settlements : 
The county commissioners, at the last regular or other settlements ad- 
subsequent meeting in each year, shall appoint one or more mfedoners 00131 
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 county treasurer, and of all 
other county officers authorized to receive or disburse the 
county funds. The accounts so audited shall be reported to Aceunts to l e 
the county commissioners, and when approved by them shall tered^ 



76 



1871-72.— Chapter 49. 



Delinquency of 
Sheriil considered 
penalty. 



Annual notices to 
(Jounty officers 
for rendition of 
accounts. 



Failure of com- 
pliance a misde- 
meanor. 



be filed with the clerk and recorded on his book, and shall 
he prima facie evidence of their own correctness and im- 
peachable only tor fraud or specified error. 

Sec. 41. Penalty of sheriff for fanM/ng to account : 

In case the sheriff of a county shall fail, neglect or refuse 
to account with the county treasurer and assistant committee 
as above required, or 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 
dollars ; it shall be the duty of the county treasurer, and if 
he neglect or refuse to perform it, of the chairman of the 
count}' commissioners to cause an action to be brought in the 
superior 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 ; it the sheriff shall 
fraudulently and corruptly fail to account as aforesaid, lie 
shall be criminally liable thereupon in like manner and with 
the same penalties imposed for such criminal defalcation in 
section thirty-eight. 

Sec. 42. Other county officers, when to account, and penalty 
for failure : 

In each year the county treasurer shall give five days 
notice to all county officers (except the sheriff,) authorized to 
receive and disburse the county funds, to appear at the 
court house of the county, on a certain day during the first 
ten days of January, before him and the committee 
appointed by the county commissioners, and present an 
account of all sums received or disbursed for the count}', 
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 the clerk and recorded in their 
proceedings, together with their approval, and shall be 
deemed prima facie correct. 



1871-'72.— Chapter 49—50. 77 

Sec. 43. 

Wherever in this act a duty is imposed upon a sheriff of a ^^o^^e'dr- 81 
county for which a tax collector has been appointed, it shall ties of Sheriff. 
be incumbent upon the tax collector to perform the said 
office instead of the sheriff, and such 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. 44. When act goes into effect : 

This act shall be in force from and after its ratification. When act to bo 
Ratified the 17th day of January, A. D., 1S72. 



CHAP TEE L. 

AN ACT TO VALIDATE THE REVISAL OF JUKI" LISTS AND FOR 
OTUER PURPOSES. 

Section 1. The General Assembly of North Carolina do Commissioners 
enact, lhat m all cases where the county commissioners of list?. 
any county have failed to revise, prepare and correct the 
jury lists for any county at the time prescribed by law, it 
shall be lawful for said commissioners at any time to perform 
the duties required of them according to the provisions of 
law. 

Sec 2. That in all cases where the county commissioners Revision to be 
of any county may have revised the jury list or corrected va l ' 
the same, or drawn a jury at a time or in a manner different 
from that prescribed by law, the same shall be valid as if 
drawn at the proper time and in the proper manner; 
Provided, said action has been in all other respects conform- Proviso, 
able to law. 

Sec. 3. This act shall in no w',a^ change the time or Time nor manner 

r l • • . to be chanted ex- 

manner of drawing jurors, or revising, preparing or correct- ccptbyiaw. 
ing the jury lists except as above prescribed, or relieve any 
persons from any penalties for failure to attend to their 



78 1871-72.— Ciiaptek 50—51. 

duties as county commissioners at tlie time now prescribed 
by law. 
wiun act to be in Sec. I. This act shall be in force from and after its ratifi- 

iorce. 

cation. 

Ratified the 18th day ot January, A. D. 1872. 



CHAPTER LI. 

AN ACT TO LEGALIZE THE ACTS OF THE COUNTY COURT OF ALLE- 
GHANY AND OTHEB COUNTIES IN THE STATE HELD IN THE 
MONTHS OF APRIL, MAY AND JUNE, ONE THOUSAND EIGHT 
HUNDRED AND SIXTY-EIGHT. 

Preamble. Wiiejreas, There was a term of the county court held in 

Alleghany county beginning on Monday, twenty -seventh 
day ot April, one thousand eight hundred and sixty-eight, 
and in other counties of this state during the months of 
April, May and June, one thousand eight hundred and sixty- 
eight, after the. passage ot an ordinance of the convention 
ratified the fifth day of February, one thousand eight hun- 
dred and sixty-eight, entitled an ordinance respecting the 
jurisdiction of the courts ot the state, and after the ratifica- 
tion of the present constitution; and whereas, The acts ot 
the said term of said court are of doubtful validity, therefore, 

ah County Court Section 1. The General Assembly of JXortJt Carolina do 

proceedings not n: , ., , . . . . ., . . ,, . 

valid by an ordi- enact, lhat all things done at the April term ot Alleghany 
the jurisl&ctioiaF county court, or any other county court held in any county 
tnVstete2?° f (>t the state during the months of April, May and June in 
hereby legalized. t } ie vear one thousand eight hundred and sixty-eight, and all 
proceedings had thereon which would have been regular and 
valid but tor the passage of an ordinance entitled an ordi- 
nance respecting the jurisdiction of the courts of the state ? 
ratified the fifth day of February, one thousand eight hun- 
dred and sixty-eight, or for the ratification of the present 
constitution of the state in the month of April, one thousand 



1871-'72.— Chapter 51—52. 79 

eight hundred arid sixty-eight, be and the same are hereby 
legalized. 

Sec. 2. This act shall be in force from and after its ratifi- ™™ act t0 b ' 
cation. 

Ratified the 19th day of January, A. D., 1872. 



CHAPTER LII. 

AN ACT TO ESTABLISH AND LAY OUT A TURNPIKE IN THE 
COUNTIES OF CAMDEN AND CURRITUCK. 

Section 1. The General Assembly of North Carolina do Authority guar- 
_ . anteed to David 

enact, That David L. Pritchard, of Camden county, is hereby L. Pritchard. 

authorized and empowered to lay out, establish and construct 

a road from some point near the foot of the Old Swamp, in 

Camden county, to some point at or near John Cox's corner. Location of Road. 

in Currituck county, on the Great Swamp Poad. 

Sec. 2. That for the purpose of laying out, establishing Land condemned, 
and constructing said road, he shall have the right to apply to 
the trustees of any township through which said road may 
pass, to condemn for the purpose of said road, so much land 
as may be required to establish and construct said road. 

Sec. 3. That in order to condemn such land, the said Valuation of land, 
trustees shall appoint three disinterested persons, who shall 
lay out the said road over the lands of any person in said 
township and assess the damages which the said David L. 
Pritchard shall pay to the owner of such land, on account of* 
laying out said road, and report to said trustees, who shall, 
alter five days, give notice to said David L. Pritchard, and 
the owner of such land, hear and determine whether said 
report shall be confirmed. And in case it shall not be con- 
firmed they shall appoint three other disinterested persons 
to lay oat said road and assess said damages, and in case it 
shall be confirmed by said trustees, it shall be the land of said 
Pritchard and his heirs, devises and assigns for ninety-nine 



80 



1871-72. — Chapter 52. 



Proviso further. 



Exclusive right 
and authority 
vested in D . L . 
Pritchard. 



Rates of TolJJ 



Violation of toll j 
made a misde- 
meanor. 



Toll gates erected, 



When a .-t to 1 e in 
force. 



years ; Provided, he shall keep up said road, and in case lie 
shall fail to keep up said road, said land shall revert to the 
original owner, and provided either party is dissatisfied 
with the report of the said assessors, or the assessors, or the 
decision of the township trustees, they may appeal to the 
county commissioners, whose decision shall be final. 

Sec. 4. That said David L. Pritchard and his heirs, 
devisees and assigns shall have the sole, separate and 
exclusive right and authority to lay out, establish, construct 
and control said road, and charge tolls for passing over said 
road ; and shall have the right to charge the following tolls, 
to wit: for a man on horseback, ten cents; tor one horse 
and cart, tifteen cents; one horse and buggy, twenty-five 
cents; carriage and two horses, fifty cents; wagon and two 
horses, thirty-five cents ; and all persons on foot shall pass 
free of toll ; all live stock live cents per head. 

Sec. 5. ±\o person shall pass over said road mentioned in 
the foregoing section as being required to pay toll without 
paying said tolls, and any person violating this provision 
shall be liable to double toll, to be recovered from any justice 
of the peace of Camden or Currituck counties, by the said 
David L. Pritchard, or his heirs, devisees and assigns, who 
may at the time be owners of said road ; and shall be further 
guilty of a misdemeanor and liable to trial in cither Curri- 
tuck or Camden county. 

Sec 6. The said David L. Pritchard and his heirs, devisees 
and assigns shall have a right to establish across said road 
such o-ates and other fixtures as may be necessarv to secuie 
his rights in said road. 

Sec. 7. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 19th day of January, A. D., 1S72. 



1871-72. — Chaptke 53. 81 

CHAPTER HII. 

.AN ACT TO ALTER THE CONSTIMTTION' OF NORTH CAROLINA. 

Section 1. The General Assembly of Worth Carolina do 
jin/ict, (three-fifths of all the members. of each house concur- 
ring,) That the constitution ot this state be altered as 
follows, to-wit : 

Amend section six ot the first article, by striking out the Amendment. 
first clause thereof, down to and including the word v * but ;" 
this being the clause relating to the state debt. state debt. 

Amend section two of the second article by striking out Change of. se* 
the word " annually," and inserting in lieu thereof, the 
word " biennially ; being in reference to the sessions of the 
general assembly. 

Amend section five of the second article, by striking out Census taking, 
all that precedes the words " the said senate district," and 
by striking out the phrase " as aforesaid or " in said section ; 
the part so stricken out having reference to the state census. 

Add a new section to the second article to be styled Compensation** 
< : section thirty," and to read as follows : " The members of 
the general assembly shall each receive three hundred dollars 
as a compensation for their services during their term, sub- 
ject to such regulations in regard to time of payment and 
reduction for non-attendance as may be prescribed by law ; 
but they may have an additional allowance when they are 
called together in special session, and mileage shall be ten 
cents per mile tor each session." 

Amend section one ot the third article by striking out the Term of officer* 
words "fonr years," where they occur first in said section, 
and inserting in lieu thereof, the words " two years." being 
in reference to the term of executive officers. 

Strike out the words " superintendent of public works," Superintendent 

. . i ' i t '-i ■ i.i 4 public works. 

wherever they occur in the constitution, thus abolishing that 

office. 

Amend section six of the third article by striking out the 
word "annually." and inserting in lieu thereof, the word 
6 



82 



1871-72.— Chaptek 53. 



Duties Code 
Commisslonei 



Courts. 



Supreme Court 
Justices. 



Proviso. 



" bicnniall}* ;" so as to conform to the provisions respecting 
the sessions ot the general assembly. 

Strike out sections two and three of the fourth article, 
being the provisions which refer to the appointment and 
d ft ties ot the code commissioners. 

Alter section four ot the fourth article, so that said section 
shall read as follows: "The judicial power of the state shall 
be vested in a court for the trial of impeachments, a supreme 
court, superior courts, such inferior courts as may be 
established by law, and courts of justices ot the peace." 

Alter section eight of the fourth article, so that said section 
shall read as follows : " The supreme court shall consist of a 
chief justice and two associate justices; Provided, That this 
shall not apply to the justices during their present term of" 
office, unless by death, resignation or otherwise, the number 
of associate justices shall be reduced to two. 
Judicial District. Alter section twelve of the fourth article, so that said 
section shall read as follows : "The state shall be divided 
into nine judicial districts, for each of which a judge shall 
be chosen ; and in each district a superior court shall be held 
at least twice in each year, to continue for such time in each 
county respectively as may be prescribed by law. The 
general assembly shall lay off said districts in ^.uo time, so 
that the said nine judges may be chosen and begin their 
official term at the first general election for members of the 
general assembly which will occur after the ratification of 
this section. The general assembly may reduce or increase 
the number of districts to take effect at the end of each 
judicial term." 

Strike out section thirteen of the fourth article, which 
fixes the present judicial districts. 

Amend section fourteen of the fourth article by striking- 
out all after the word "office," and inserting in lieu of the part 
so stricken out, the following : "The general assembly shall 
prescribe a proper system ot rotation for the judges of the 
superior courts, so that no judge may ride the same district 
twice in succession, and the judges may also exchange dis- 
tricts with each other, as may be provided by law." 



Time prescribed 
by Laws for Supe- 
rior Court Judges 



1ST1-'T2. — Chapter 53. S3 

Strike out section fifteen of the fourth article, and insert SStabSow'iS 
in lieu thereof, the following : "The general assembly shall Supreme courts. 
have no power to deprive the judicial department of any 
power or jurisdiction which rightfully pertains to it as a 
co-ordinate department ; but the general assembly shall allot 
and distribute that portion of this power and jurisdiction 
which does not pertain to the supreme court, among the 
other courts prescribed in this constitution or which may be 
established by law, in such manner as it may deem best, 
provide also a proper system of appeals, and regulate by law 
when necessary, the methods of proceeding, in the exercise 
of their powers, of all the courts below the supreme court, 
so far as the same may be done without conflict with other 
provisions of this constitution." 

Strike out sections sixteen, seventeen, nineteen, twenty- 
five and thirty-three of the fourth article. 

Amend section twenty-six of the fourth article by striking Judicial officers 
■n ! t • i i • i i / 11 i i an( i Clerks, how 

out all that part which begins with, and follows the word chosen. 

"but" in said section, and in lieu of the parts so stricken out, 

inserting the following : " The judicial officers and clerks 

of any courts which may be established by law, shall be 

chosen by the vote of the qualified electors, and for such 

term as may be prescribed by law.; The voters of each 

precinct, established as is elsewhere provided for in this 

constitution, shall elect two justices of the peace for such 

term as may be fixed bylaw, whose jurisdiction shall extend 

throughout their respective counties. The general assembly 

may provide for the election of more than two justices of 

the peace in those precincts which contain cities or towns, or 

in which other special reasons render it expedient. The 

chief magistrates of cities and incorporated towns shall have 

the judicial powers of justices of the peace. 1 ' 

Amend section thirty of the fourth article by striking out Vacancie6 how 

the word "townships" and inserting in lieu thereof the 

word "precincts;" also in the last sentence of the same 

section, strike out the words "the commissioners of the 

county may appoint to such office for the unexpired term," 

and in lieu thereof insert "an appointment to fill such 



84 



1871-72.— Chapter 53. 



T:oc. 



Amendment 



County authori- 
ties in lien of 
Commissioners. 



Subdivision of 
Comities. 



Townships. 



vacancy lor the unexpired term shall be made as may be 
prescribed by law/' 

Amend sections one and seven of the fifth article, by 
striking out the words "commissioners of the several conn- 
ties 1 ' where they occur in said sections, and in lieu thereof 
inserting the words "county authorities established and 
authorized by law." 

Strike out section four of the fifth article, i elating to 
taxation to pay the state debt and interest. 

Amend section six of the fifth article by inserting alter 
the word "instrument" in said section the words " or any 
other personal property." 

Insert the word "and" before the word "surveyor" in 
section one of the seventh article, and strike out the words 
" and five commissioners " in said section: also add to said 
section the following : "The general assembly shall provide 
lor a system ot county government for the several counties 
of the state. 

Amend section two oi the seventh article, by striking out 
the word " commisssoners " and in lieu thereof inserting the 
words "county authorities established and authorized by 
law," and in the same section strike ont the words. " the 
register of deeds shall be ex officio clerk of the board oi' 
commissioners." 

Strike out section three of the seventh article, and in lieu 
thereof insert the following: " The county authorities estab- 
lished and authorized by law shall see that the respective 
counties are divided into a suitable number of sub-divisions, 
as compact aui convenient in shape as possible, and marked 
out by definite boundaries, which may be altered when 
necessary. Said sub-divisions shall be known by the name 
of precincts. They shall have no corporate powers. The 
township governments are abolished. The boundaries ot 
the precincts shall be the same as those which heretofore 
defined the townships until they shall be altered." 

Strike out sections four, five, six, ten and eleven of the 
seventh article, which relate to the township system. 



lSH- 72.— -Chapter 53. 85 

Amend sections eight and nine of the seventh article, by 

striking out the words " or townships" where they occur in 

said sections. 

Strike out section three of the ninth article, and in lieu Public School 

System, 
thereof insert the following: " The general assembly shall 

make suitable provision by law for the management and 

regulation of the public schools, and for perfecting the 

system of free public instruction." 

•Strike out section live of the ninth article, and in lieu Uniyeraity of 
, . ,,-,,. m. t i i i ii North Carolina, 

thereof, insert the following : " The general assembly shall 

have power to provide for the election of trustees of the uni- 
versity of North Carolina, in whom, when chosen, shall be 
vested all the privileges, rights, franchises and endowments 
heretofore in any wise granted to. or conferred upon the 
board of trustees of said university : and the general 
assembly may make such provisions, laws and regulations 
from time to time, as may be necessary and expedient, for 
the maintenance and management of said university.'" 

Strike out sections thirteen, fourteen and fifteen of (he The indigent to 
ninth article, relating to the University of North Carolina. SelsSte? * ' >y 
Amend section ten of the eleventh article by striking out 
the words "at the charge of the state," and in lien thereof, 
insert the words "by the state and those who do not own 
property over and above the homestead and personal property 
exemption prescribed by this constitution, or being minors, 
whose parents do not own property over and above the same, 
shall be eared for at the charge of the state." 

Alter section seven of the fourteenth article so that said Ineligibility, 
section shall read as follows : "No person who shall hold 
any office or place of trust or profit under the United States 
or any department thereof, or under tin's state, or under any 
other state or government, shall hold or exercise any other 
office or place of trust or profit under the authority of this 
state, or be eligible to a seat in either house of the general 
assembly ; Provided^ That nothing herein contained shall Proviso, 
extend to officers in the militia, justices of the peace, com- 
missioners of public charities, or commissioners for special 
purposes." 



36 1871-72.— Chapter 55—51. 

fddld to 8 th°eHtii Add anotlier section to the fourteenth article, to be styled 

Ar{i?le - "section 8," and to read as follows : "County officers, justices 

of the peace and other officers whose offices are abolished or 

changed in any way by the alteration of the constitution, 

officers to remain s ] m u continue to exercise their functions until any provisions 

m office. - i 

necessary to he made by law in order to give fall effect to 

the alterations, so far as relates to said officers shall have 
been made.' 1 
n^m'S-ed. be rC " Re-number the sections in those articles from which any 
section has been stridken, without the insertion of another 
in its stead ; and give to any new section that number which 
by this method would have been given to the section for which 
it is substituted, and the alterations shall be embodied into 
the constitution, and the several sections numbered consecu- 
tively. 

Ratified the 19th day of January, A. D. 1872. 



CHAPTER LIT. 

AN ACT AUTHORIZING TOE COMMISSIONERS OF ROBESON COUNTY 
TO ADJUST THE DEBT OF SAID COUNTY. 

Adjustment of Section 1. The General Assembly of North Carolina do 

Robeson Co. debt. t . 

enact, That the commissioners of Robeson county are hereby 

authorized to exercise such discretion in compromising or 
adjusting the debt of said county as they may think con- 
sistent with the best interest of the people of the county, and 
the said commissioners are hereby authorized, if in their 
judgment it shall be deemed advisable, to employ a financial 
agent, or appoint such agent who shall serve without salary, 
and who shall, under the control and direction of said board 
of commissioners, compromise and adjust the indebtedness 
of the county on such terms as may be consistent with the 
interest of the people of said county, and within claims of 
creditors. 



1871-72. — Chapter 54 — 55. 87 

Sec. 2. This act shall be in force from and after its ratifi- Wtten act t0 take 

. . eflect 

•cation. 

Eatified the 20th day of January, A. D., 1S72. 



CHAPTER LY. 

AN ACT TO CONSTRUCT A TURNPIKE ROAD FROM MARION, IN THE 
COUNTY OF MCDOWELL, TO BURNSVILLE, IN THE COUNTY OF 
YANCEY. 

Section 1. The General Assembly of North Carolina do corporators. 
enact, That John Carson, Spencer Elliot, John Simmons, G-. 
B. Silvers, Jason Bablew, fm, Hutchins, T. B. Young, and 
such other persons as may associate with them for the 
purposes hereinafter mentioned, be and they are hereby 
declared a body politic and corporate, under the name of the corporate name. 
Marion and Burnsville Turnpike Company, for the purpose 
of constructing a turnpike road between and leading from 
the town of Marion up Buck Creek to the Blue Ridge, Location of road. 
thence down Tow River to the town of Burnsville, in the 
county of Yancey ; and that under said corporate name they 
may sue and be sued, plead and be impleaded, have per- 
petual succession and a common seal. 

Sec. 2. That any two of said persons may open books at Moks o£ Sub . 
Marion, at Burnsville, and the residence of John Antrey on wriptldn. 
Tow River, and keep them open until the whole of the 
capital stock of said company, which shall consist of five Capital Stock on 
hundred shares often (.$10; dollars each, shall be subscribed ; shar€8, 
it shall, however, be the duty of the directors to begin the 
graduation of said road as soon as one hundred shares may 
be subscribed, if the stockholders shall deem it advisable. 

Sec. 3. That the stockholders shall elect a board of not President and 
less than three directors, which directors shall choose a Doctors, 
president from one of their number who shall continue in 
•office from one aunual meeting until the next, and until his 



88 



1871— '72. — Chapter 55. 



Term of oflice. 



Vacancies. 



Appropiation of 
Buck and Indian 
Grave Gap Turn- 
pike. 



Division of fund?. 



Corporate rights 
©•f Company. 



successor be appointed, and the said directors shall continue 
in office 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 presi- 
dent the directors may appoint a president pro lent., and it 
shall be in the power of the board to supply any vacancy in 
their body until said regular annual meeting, whenever such 
vacancy may occur. 

Sec. 4. That the said turnpike company are hereby 
empowered to appropriate to its use all or any part of the- 
road known as the Bnek Creek and Indian Grave Gap 
Turnpike, and the entire interest of the state is hereby 
surrendared to the M. and B. Turnipkc Company, so far as 
may apply to that portion of the road between the towns of 
Marion and Burnsville ; and if the president or board of 
directors for the Indian Grave Gap Turnpike should now 
have on hand any funds, moneys or debts due their road, 
afte? reducing the same to possession, it shall be divided, one- 
half to their own road and the other half to the Mariou and 
Burnsville Turnpike Company, for which sum or sums so 
received certificates of stock shall be issued to Yancey and 
McDowell counties or the proper officers of each in like 
amounts, but not otherwise affecting the rights of Indian 
Grave Gap Company. 

Sec. 5. That whenever any person or persons shall have 
subscribed stock to the Indian Grave'Gap Co., and the same 
been paid by labor or otherwise, and expended on the loca- 
tion or graduation of the road, the value shall be assessed 
by the directors, and stock in the Marion and Burnsville 
Company issued in lieu thereof, subject, however, to all 
equities. 

Sec. 0. That in all other things the company shall be 
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 tolls, requiring bonds from its officers- 
and representatives of stock by proxies. 



IS 71 -'72. — Chapter 56. 89 

Sec. 7. This act shall be in force from and alter its ratifi- 
es tion. 

Ratified the 20th day of January, A. D. 1S72. 



CHAP TEE LYI. 

AN ACT TO REPEAL AN ACT, PASSED AT THE PRESENT SESSION, 
AND RATIFIED ON THE FIFTEENTH DAY OF JANUARY, ONE 
THOUSAND EIGHT HUNDRED AND SEVENTY-TWO, AND ENTI- 
TLED "AN ACT SUPPLEMENTARY OF AN ACT TO AMEND THE 
CHARTER OF THE NORTH WESTERN NORTH CAROLINA RAIL- 
ROAD COMPANY,'' AND FOR OTHER PURPOSES, AND TO FLLL 
CERTAIN BLANKS. 

Section 1. The General Assembly of North Carolina do Repealing elauee. 
math, That the above recited act, entitled " An act supple- 
mentary of an act to amend the charter of the North Wes- 
tern North Carolina Railroad Company, and for other pur- 
poses,*' be and the same is hereby repealed. 

Sec. 2. That the preamble of the above recited act, enti- Amendment to 

Charter 
tied ; * An act to amend the charter of the North "Western 

North Carolina Kailroad Company and for other purposes," 

ratified on the third day of January, one thousand eight 

hundred and seventy-two, be amended by filling up first 

blank date therein so that same shall read "the sixteenth 

day of August, anno domini one thousand eight hundred 

and seventy,*" and by filling up the second blank date in 

said preamble so that the same shall read "the twenty-sixth 

day of June, one thousand eight hundred and sixty-nine." 

Sec. 3. That the secretary of state be and he is hereby Blanks tiled by 

i mi i i t i '' • • i • i • • -i Sec. State 

instructed to nil the blanks aforesaid in the original act on 

file in his office. 

Sec. 3. That this act shall be in force from its ratification. When act to take 

Ratified the 2od day of January, 1872. 



90 



1871-72. — Chapter 57 — 5S. 



CHAPTER LVII. 



AN ACT TO PROVIDE FOE THE PUBLICATION OF AN ACT TO ALTEK 
THE CONSTITUTION OF NORTH CAROLINA. 



Publication of 
Act. 



To be made Biz 
months before 
election. 



When act to be iu 
force. 



Section 1. The General Assembly of Worth Carolina do 
i a act, That the president ot the senate be and he is hereby 
authorized and directed to have published in the weekly 
editions of the Sentinel, Worth Carolinian and Era. news- 
papers published in Raleigh, a true and perfect copy of "an 
act to alter the constitution ot North Carolina/' passed by 
this general assembly, and ratified the nineteenth day ot 
January, one thousand eight hundred and seventy-two, 
which said copy shall be authenticated by the certificate of 
the secretary of state. 

Sec. 2. That the publication herein provided for shall be 
made at least six months before the next regular election 
for members of the general assembly. 

Sec. 3. This act shall be in force from its ratification. 

Ratified the 23d day of January, A. D. 1872. 



CHAPTER LVIII 



AN ACT TO RAISE REVENUE. 



Assessment of Section 1. The General Assembly of North Carolina do 

enact, 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. Sec. 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 subjects 
for exemption, there shall be annually levied and collected 
a tax of one dollar and five cents, the proceeds of such tax to 



1871-72.— Chatter 58. 91 

be devoted to purposes of education as may be prescribed by 

law. If any poll tax shall not be paid within sixty days Limitation of 

after the same shall be demaudable, it shall be the duty of 

the sheriff, if he can find no property ot the person liable 

sufficient to satisfy the same, to attach any debt or other 

property incapable of manual delivery, doe or belonging to 

the person liable, or that may become due to him before the 

expiration of the calendar year, and the person owing such 

debt or having such property in possession, shall be liable 

for said tax. 

Sec. 3. The taxes hereinafter designated shall be applied °VJ ects of Tas " 
to defray the expenses of the state government and to pay 
appropriations tor charitable and penal institutions. 

Class 1. 

Sec. 1. There shall be an ad valorem tax of sixteen and Classification of 

Taxes, 
two-third cents for the general fund on every one hundred 

dollars in value of real and personal property of the state, 

subject to exemptions made by law, including moneys, credits, 

bonds, stocks, &c. 

Sec. 2. A special tax of ten cents, on the one hundred Special tax for 
dollars shall be levied and collected on all the taxable 
property of the state, to be applied to the erection of the 
penitentiary and support of the convicts. 

Sec. 3. A special tax of eight aud one-third cents on the Asylum Tax. 
one hundred dollars, shall be levied and collected on all the 
taxable property of the state, for the insane asylum and the 
institution for the deaf, dumb and blind. 

Class 2. 

The subjects and persons mentioned in the following class 
shall be taxed as specially mentioned : 

Sec. 1. On the net incomes and profits other than that I'icomeTax. 
derived from property taxed from any source whatever, 
during the year preceding the first day of April in each year, 
there shall be a tax of one per cent. The income tax shall 




•'- 1371-72.— Chapter 58. 

include interest on the sectirities.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:- 
1. Taxes other than the income tax due this state. 
Deduction*. 2. Ilent for use of buildings or other property or interest 

on encumbrances on property used in the business trom 
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 thai of the tax payer 
himself,) raw material, food and all other necessary expenses 
incidental to the business from which the income is derived, 
together with the necessary expenses of supporting the 
family, which shall in no instance exceed one thousand 
dollars. 

5. The tax payer shall return to the assessor the gross 
amount of his income and the gross amount of his expenses, 
to be deducted therefrom, which return the assessor shall 
file in the office of the county commissioners. 

Real and personal g Ea 2. Upon all real and personal estate, whether legal 
or 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 desceased, or husband or wile of such 
ancestor or descendant, or to which such collateral relations 
may become entitled under the law for the distribution of 
the intestate estates, and which real and personal estate may 
not be required in payment of debts and other liabilities, the 
following per centum tax upon the value thereof shall, be 
paid : 

1. It such collateral relation be a brother or a sister of the 
father or mother of the deceased, or issue of such brother or 
sister, a tax of one per cent. 

Collateral Tax. 9. 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- 



1S71-72.— Chapter 58. 03 

its proper per cent, tax. The personal estates or real estates 
reduced to assets, shall be liable to the tax in the hands of the 
executor or admiaistrator, and shall be paid bv him before 
his administration account is audited or the real estate 
is settled, to the sheriff of the county. It the real estate 
descended or devised shall not be the entire inheritance, the 
heir or devisee shall pay a pro rata part*of the tax, corres- 
ponding with the relative value of the estate or interest. It 
the legacy or distributive share to he received shall not be 
the entire property, such legatee or distributee shall in like 
manner pay a pro rata part ot the tax according to the value 
of his or her interest. Whenever the personal property in 
the hands of such administrator or executor (the same not, 
being needed to be converted into mone t y in the course ot 
the administration) shall be oi uncertain value, he shall 
apply to the county commissioners to appoint three impar- 
tial men ot probity to assess the value thereof, and such 
assessment being returned to the commissioners and being 
confirmed shall be conclusive of the value. 

To facilitate the collection of tax on collaterals, every Dutyofcxecu- 
exeeutor, or administrator, shall return in his inventory 
whether the estate of the deceased goes to the lineal or col- 
lateral relations or to a stranger, and if to collaterals, 
whether such collateral belongs to the first or second class 
above mentioned, under a penalty of one hundred dollars, to 
lie recovered in the name and for the use of the state : and 
it shall be the duty of the superior court clerk of the county Duty of Superior 
to furuish the sheriff with the names of the executors and ( """ 1 
the administrators who make such returns, after each and 
every tenn of his court. 

Schedule 11. 

The taxes in this schedule imposed are license tax for the Ad-valorem tux. 
privilege of carrying on the business or doing the act named : 
and nothing in this schedule contained shall be construed to 
relive any person from the payment of the ad valorem tax on 
his property as required by the preceding schedule, and no 



9-t 



1872-72.— Chapter 58. 



Theatres. 



Concerts. 



Museums. 



Cireuses. 



Itinerants. 



Exemption. 
Gift enterprises 



Bank agents. 



Billiard Saloon 



county, ctty, tovrn> or other municipal corpo+aii^ft^, shall 
levy any greater tax than levied by the state for the privi- 
leges herein taxed. 

Section 1. Traveling theatrical companies shall pay live 
dollars for each exhibition. When the theatrical exhibitions 
are by the season ot not less than one month, the tax shall 
be titty dollars per month. 

Sec. 2. On each concert or musical entertainment for 
profit shall be paid live dollars: on each lecture for reward, 
five dollars. 

Sec 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 ot a circus or menagerie, for 
each day or a part ol a day, forty dollars, and for each side- 
show to a circus or menagerie, ten dollars. 

Sec 5. On all itinerant companies or persons who exhibit 
for amusement ol the public, otherwise than is mentioned 
in the four preceding sections, five dollars for each exhibi- 
tion. Exhibitions given without charge for admission, and 
where one-half ot the gross receipts are given to charitable 
objects, shall be exempt. 

Sec 6. On all gift enterprises, or any person or establish- 
ment offering any article for sale, and proposing to present 
purchasers with any gilt 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, five hundred dollars, and five percent, on gross receipts, 
to be paid to the treasurer of the state. This tax shall n< t 
be construed as a license, or to relieve such person or estab- 
lishments from any penalties incurred by a violation of 
the law. 

Sec 7. Every agency ot a bank incorporated out ol the 
state, one hundred dollars, to be paid to the state treasurer.. 

Sec S. 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. 



1871-72. — Chapter 58. 95 

Sec. 9. On every bowling alley, or alley of the like kind, Bowling Alley. 
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 
amusement or exercise alone, and not prohibited by law, 
there shall be a license tax of twenty dollars. 

Sec. 10. Every dealer in spirituous, vinous liquors, porter, Liquor dealers, 
lager beer, or other malt liquors, shall pay a tax of five per 
cent, on the amount of purchases ; and every agent who 
offers liquors for sale, shall pay the tax on the value of all 
liquors of every description sold by him. 

Sec. 11. Every licensed retailer of spintous liquors, wines, Retailera - 
or cordials, twenty-five dollars for one year. Every retailer 
of malt liquors only, shall pay fifteen dollars. The tax in 
this section shall be in addition to the tax imposed on 
purchases of liquors in this schedule, and every person who 
buys and sells such liquors in quantities less than one quart 
shall, within the meaning of this act, be a retail dealer. 

Sec. 12. Every merchant, jeweler, grocer, druggist and Merchants of>n 
every other trader, who as principal or agent, carries on the 
business of buying or selling goods, wares or merchandise of 
whatever name or description, except the products of manu- 
factures of this state, 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 retail merchant shall be required Proviso, 
to pay any tax on any purchase made from wholesale 
merchants residing in this state; and, it shall be the duty of 
the sheriff to demand that every merchant, 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 
tax to be collected by the sheriff on the first days of January, 
April, July and October, in each year, on the purchases for 
the preceding quarter. The sheriff shall have power to Power of Sheriff, 
require the merchant making such statement to submit his 
books to examination by the sheriff, and every merchant 
refusing on demand to submit his books to such examina- 
tion, 6hall be liable to a penalty to the state of two hundred Pertfty. 



90 



1871-72. — Chapter 58. 



Hotels. 



Feme- &c 



Brokers. 



Ruling vehicles. 



Auctioneers. 



dollars, to be prosecuted by the sheriff and recovered in any 

court having jurisdiction of the case. It shall further be the 
duty of 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. 13. On the net receipts of hotels, boarding houses, 
(except those, used for educational purposes and as private 
boarding houses.) restaurants and eating houses, the tax 
shall be one per cent. 

Sec. 14. The tax ou public ferries, toll bridges and gates 
across highways, one per cent, on net receipts. 

Sec. 15. 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 ; it a capital of less than twenty thousand dollars, and 
not less than ten thousand dollars, fifty dollars; and it 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, the tax to be paid to the public 
treasurer, the license to be given by the auditor. 

Sec. 1G. 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. 17. Every auctioneer on all goods, wares or merchan- 
dise, sold by himself or agent, whether by ascending or 
descending bids, or at public outcry, shall pay one per cent. 
on the gross amount of his sales, subject to all the regula- 
tions 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, nor to persons who 
keep a warehouse excclusively tor the sale of cotton, where 
all who wish may exhibit cotton for sale, but the person 



1871-72. — Chapter 58. 97 

keeping such warehouse shall pay a license tax of fifty 

dollars. 

Sec. IS. Everv commission merchant shall pay a tax of Commission 
J _ * " Merchants. 

one-eighth of one per cent, on his sales as commission mer- 
chant, of all articles not the growth or manufacture of this 
state : Provided, That when spirituous, vinous or malt Proviso. 
liquors are sold by commission merchants, they shall pay a 
tax of five percent, on their sales of such liquors. 

Sec. 19. Every person whose occupation or business is to Riding vehicles, 
keep horses or vehicles for hire or to let, shall pay a tax 
of two dollars for every horse for that purpose, at any time 
during the year, to be collected by the sheriff quarterly : 
Provided, That this section shall not apply to draymen. Proviso. 

Sec. 20. Every itinerant dentist, medical practitioner, por- Itinerant dentists, 
trait or miniature painter, deguerrean artist and other per- 
sons taking likenesses of the human face, ten dollars for 
each county in which he carries on his business : Provided, Pr0Tiao - 
That such person as shall furnish satisfactory evidence to the 
sheriff of the county in which he proposes to practice, that 
he is a resident of the State, and has listed his income as 
required by law, shall te exempt from the tax imposed in 
this paragraph. 

Sec. 21. Every person that peddles goods, wares or mer- Feddleie, 
chandise, either by land or water, or any drugs, nostrums, or 
medicines, whether such person shall travel on foot or with 
a conveyance or otherwise, except manufacturers, or their 
agents, selling by sample, shall obtain from the commis- 
sioners an order to the sheriff to grant him peddler's license, 
to expire at the end of six months from its date, and the 
sheriff, on production of a copy of such order certified by the 
clerk of said commissioners, shall grant such license for his 
county on receipt of ten dollars tax, to-wit : 1st. That not 
more than one person shall peddle under the license. 2d. 
That nothing in this section contained shall prevent any 
person freely selling live stock, ^ egetables, fruit, oysters, fish, 
books, charts, maps, printed music, or the articles of his own 
growth or manufacture within this state. 3d. That nothing 
herein contained shall release peddlers from paying the tax 
7 



•98 



IS 71-" 72. — Chapter 58. 



Tax on lightning 
rods. 



dpsies. 



Drummer? 



imposed in this act, on persons who deal in the same species 
■ it merchandise, which tax shall be collected or received in 
the same manner as is the case of other merchants and 
traders. 

Sec. 22. Every itinerant who deals in or puts up lightning 
rods, five dollars for each comity in which he carries on 
business. 

Sec. 23. Every company 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. 2-i. Every drummer or travelling agent of any person 
who shall sell any spirituous, vinous, or malt liquors, goods, 
wares or merchandise, by sample or otherwise, whether 
delivered or to be delivered, except agricultural implements 
and fruit trees, and articles of his own growth or manufac- 
ture, 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 provisions 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 forleit and 
pay besides two hundred dollars to the sheriff, to be collected 
by distress or otherwise, one-half of which shall be accounted 
for as other taxes, the other half to the use of the informer 
and the sheriff equally. 
Officers of banks. Sec. 25. The chief officer 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 
which have been earned, and shall pay on such dividends 
five per cent, to the public treasurer ; and such insurance 
companies as are incorporated by this state, shall, in April 
and October of each year, certify on oath, the amount of 



Misdemeanor. 



Certificate on 

oath. 



1871- 

dividends and profits which have been earned, and shall pay 
on such dividends two per cent. On failure to comply with 
-the provisions of this section, said banks, companies or per- 
sons shall pay as taxes one thousand dollars, to be collected 
by the treasurer of the state. 

Sec. 20. Every insurance company not incorporated in ^™ K ! 
this state, doing business herein, shall pay an annual tax of 
•one per cent, to the treasurer of the state, upon the gross 
receipts derived from the premiums charged for insurance 
obtained therein, unless the company shall exhibit to the 
governor, auditor and treasurer a sworn statement of invest- 
ments in real property situate in this state, or loans secured 
by mortgage to citizens of the state of an amount equal to 
one half oi such gross receipts, when the tax shall be one- 
half of 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 Failure of com - 
, ,1 . ,. i in pliance a misdes- 

provisior.s oi this section, every such company shall pay as meanor. 

.a tax two thousand dollars, and the principal agent shall be 

liable therefor. Eveiy such company shall be required to 

appoint a general agent, who shall obtain a license from the 

treasurer before transacting any business therein ; and before 

.such license is granted, the applicant shall show to the 

treasurer his appointment as general agent, under seal of 

the company, and thereupon the license shall be granted by 

the payment of one hundred dollars, and such license shall 

be renewed annually by the payment of said sum. And it 

shall be the duty of said general agent to furnish each of his < 'oiuinis<iioii f m- 

, .,, . . ,-, * . . , . -it- iiished tosnh- 

sub-agents with a commission authorizing him to do business, agents. 
And any one found soliciting insurance without such com- 
mission, shall be deemed guilty of a misdemeanor, and be fined Penalty. 
not less that one thousand dollars and imprisoned not less 
than ninety days. The agent effecting insurance shall, on 
the first days of April, July, October and January, make 
returns to the sheriff of the county in which the insurance 



100 



1871-72.— Chapter 58. 



Ftotim. 



'■' . ■ ' 



Fi-©»li>v. 



Jfosusof lr 



is effected, ot all the business done by him during the pre- 
ceding quarter in said county, and shall pay to him the 
county tax assessed on such business ; the general agent 
shall also, on the first days of April, July, October and 
January, make returns to the sheriff of each county of the 
amount of gross receipts for premiums received from such 
county for such quarter. It shall further be require:! of the 
general agent, or his local agent, to pay to the sheriff of each 
county the county tax assessed upon the gross receipts of 
premiums collected in such county, at the time and in the 
manner as required by the state, and no municipal corpora- 
tion shall be allowed to add any additional tax: Provided, 
That no county or corporation shall be allowed to tax 
insurance agents for license. On failure to inake returns, or 
to pay as aforesaid, said agent shall pay twenty-five dollars 
for each policy effected or negotiated by him in such county. 

Sec. 27. Xo person shall follow any of the trades or pro- 
tessions taxed by this act, or in any other act, imposing taxes 
on trades and professions and franchises, without first 
obtaining a license from the sheriff of the county in which 
the trade or the profession is to be followed, or the franchise 
enjoyed, or from the treasurer of the state when the 
treasurer is required to grant licenses. Such license shall 
give to the person obtaining it the right to practice the trade 
or professsion, or to enjoy 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 : Provider?, 
That nothing in this section shall apply to licensed practicing 
physicians, lawyers or dentists. 

Sec. 28. The form of the license shall be in substance as 
follows : 



Recieved this 



day of 



18- 



dollars, of which 



dollars is the tax to State of 

Xorth Carolina, and dollars is the tax to the county 

of , for his license to practice the trade (or profession) 

of , nntil the first clay of April next. 



1871-72.— Chapter 58. 101 



Signed, 



A. B., 

Sheriff of County 

(Countersigned.) 
CD., 

Register of Deeds for — County. 

Sec. 29. Any person proposing to follow any taxed trade outlSnS?^ 
or profession, may take out a license in advance of the time 
when he proposes to begin such trade or profession, in 
advance of the expiration of a license already held by him. 
In such case the license shall be truly dated, and shall 
specify the time at which it shall begin to be of force, as 
well as the time when it shall expire, which shall always be 
on the first days of January, April, July or October. 

Sec. 30. No license issued by the sheriff shall be valid Iacens 
until the same shall have been exhibited to and counter- 
signed by the register of deeds of the county, who shal 
receive for the service imposed on him by this act in refer. 
ence to licenses, a fee of twenty-five cents from every person Fee. 
licensed. % 

Sec. 31. The register of deeds shall keep a book, in which Duty of Register 
lie shall record the name of the person licensed, the 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 October, send a certified copy of such record for the 
quarter last preceding, to the auditor of the state, who shall 
charge the sheriff with the amount so appearing due. If 
any register shall fail to perform the duty hereby imposed Penalty, 
on him, 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 the certificate of the auditor of the state, setting 
forth Iris failure to make the required return, shall be prima Prima facts «ri- 
faoie evidence entitling the state to judgment in the absence 
of any sufficient defence. 



1871- 



"79 



-Chaptek 58. 



Vctully for l'uil- 
apgto take out 



BSspositioii of 
inonej" recovered 



Sec. 32. Every person who shall practice any trade or 
profession, or use any franchise taxed by the law ot 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 
penalty not to exceed twenty dollars, at the discretion of the 
court, and in detank of the payment of such fine, he may 
be imprisoned tor not more than one month, at the 
discretion ot the court, for every day on which he shall 
practice such trade or profession, or use snch franchise ; 
which penalty the sheriff of the county in which it has occnrrei 1 
shall cause to be recovered before any justice of the peace 
of the county. 

Sec. 33. The sheriff shall immediately report to the 
register of deeds all sums recovered by him as penalties 
under this act, and the register shall add three-fourths ot 
each penalty recovered to the record of licenses required to 
be kept by him ; the other fourth the sheriff may retain. 



Schedule C. 



Xxpivtr Coaupa- 



The taxes embraced in Schedule C, shall be listed and 
paid as especially therein directed, and shall be for the 
privilege of carrying on the business or performing the act 
named : 

Section 1. Every express company shall make return to 
the public treasurer on or before the first Monday in January, 
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. 
The said report shall be verified by 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 Mon- 
day 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. 



1871- 72.— Chapter Ob. 103- 

Sec. 2. Every telegraph company doing- business in this Telagraph Com- 
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 public 
treasurer shall designate, by distress or otherwise. 

Sec. 3. "Whenever the seal ot the state or of the treasury Tax of seals aud 

scrolls. 

department, of a notary public, or other public officer, 
except clerks of the supreme and superior courts, required 
by law to keep a seal, shall be fixed to any paper, except as 
is hereinafter 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 ot 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 said officers to the sheriff 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 officer a sworn statement 
thereof. "Whenever a scroll is used in the absence of a seal 
by any of said officers, the said tax shall be on scroll. Seals 
affixed for the use of any county or state or other govern- 
ment, or used on the commissions ot officers in the militia, 
justices of the peace, or any public officer not having a 
salary, or under the pension law, or upon any process of 
court, shall be exempt from taxation. The officers collecting compensation for 
the seal taxes may retain, as compensation, five percent. 6eaItaie »- 
Any person receiving taxes under this section and wilfully When gniilty of 

. i ,. ,, • i i n / embezzlement. 

refusing or neglecting to pay the same as required, shall be 
guilty of embezzlement, and, on conviction, shall be fined Penalty. 



104 1S71-72.— 



HATTER 01 



not more than live hundred dollars, or imprisoned in the 

state's prison, in the discretion of the court. 

Marr;ageiken«e*. S EC . 4. o n e^ marriage license, fifty cents; and on each 

marriage contract, mortgage deed and deed in trust to secure 

creditors where amount secured exceeds three hundred 

dollars, there shall he a tax of one dollar. The tax on 

marriage licenses shall be paid to the register or deeds when 

he issues the license, and the tax on the deeds to the judge 

of probate of the county in which the instrument is admitted 

to registration; but if in two or more counties, then in the 

county in which it is first registered. It shall be the duty 

of the judge of probate and register ot deeds to render 

annually to the sheriff's, during the second week in the month 

of September, sworn statements in detail of the taxes 

received by them respectively, under this section, and at the 

same time pay him the money thus received less four per 

cent, commissions, and thereupon the sheriff shall file the 

statement of the judge ot probate with the register of deeds, 

and that of the latter with the clerk of the superior court. 

Charters of incor- Si:c. 5. On every charter of incorporation of any company 

poratien. " - 1 J r J 

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 of 

incorporation, or derive benefit from any act to amend their 

charter, without first obtaining a certified copy of such act 

Irom the secretary of state, which shall be filed in the office 

of the said secretary. 

Fkies* Sec. 6. Whenever any officer receives or collects a fine? 

penalty or forfeiture in behalf of the state, he shall within 

ten days after such reception or collection pay over and 

account for the same to the clerk of the superior court, who 

shall forward such fine, penalty or forfeiture, to the treasurer 



1871-72. — Chapter 5S— 59. 105 

of the board ot education for the benefit of the fund for 
common schools. 

Sac. 7. Any officer convicted of violating the preceding PeQalt y- 
section, shall be guilty of embezzlement, and may be 
punished not exceeding five years in the state prison, at the 
discretion of the court. 

Sec. S. All laws imposing taxes, the subjects of which are Repealing i.nse. 
revised in this act, are hereby repealed : Provided, That Proviso, 
this repeal shall not extend to the provisions ot any law, so 
far as they relate to the taxes listed, or which ought to have 
been listed, or which may be due previous to the ratification 
of this act. 

Sec. 9. All laws requiring taxes to be levied by the county Re] iaiing clause. 

commissioners on the first Monday in February of each year 

are hereby repealed. 

Sec. 10. This act shall be in force from and after its ratifi- When act to take 

effect. 

cation. 

Ratified the 24th day of January, A. D. 1ST2. 



CHAPTER LIX. 

AS ACT IK FAY OR OF B, MURRILL, SHERIFF OF ONSLOW. 

Whereas, Elijah Murrill, sheriff of Onslow county, on Preamble. 
his way to, or on his arrival at this city, in due time for a 
settlement with the public treasurer, of the taxes due from 
-said county, for the year anno dommi one thousand eight 
hundred and seventy-one, did lose, and as he verily believes, 
by theft, the sum of three thousand dollars ; and by said loss 
was rendered unable to make said settlement with the public 
treasurer within the time prescribed by law ; and whereas 
execution lias issued against the said sheriff and his sureties • 
for the full amount of said taxes, and the penalty for failing 
to settle within the time prescribed bylaw; and whereas. 
the full amount of taxes due from said county, according to 



106 1871-72.— CiiAPihR 50—60. 

the auditor's account, is three thousand three hundred and 
thirty-two dollars and fifty-two cents, ot which the sum of 
one thousand three hundred dollars, has been deposited by 
the said sheriff in the " Citizens' National Bank, 1 ' of this 
city, to the credit of the public treasurer, and payable to his 
order, leaving a balance ot two thousand and thirty-two 
dollars and fifty-five cents, ot said taxes still due ; therefore, 
proce^w^ Section 1. The General. Assemlly of North Carolina do 

limited tin enact, That all process against said sheriff and bis sureties 

shall be suspended until the first of December, one thousand 
eight hundred and seventy-two, and upon his full settlement 
with the public treasurer at that time for the amount of 
taxes due from said county for the year anno dominions 
thousand eight hundred and seventy-one, the said judgment 
and penalty shall be discharged, and said sheriff relieved 
therefrom. 

effect 1 aCt t0 kke SeC ' 2 ' ™ S slia11 ^ e m * orcecl from and after its ratifica- 
tion. 

Ratified the 24th day ot January, A. D. 1372. 



CHAP TEE LX. 

AX ACT TO FEOVTDE FOR THE SERVICE OF PROCESS ISSUING 
FROM COURTS OF JUSTICES OF TUB PEACE IN CJYIL- 
CAUSEB WHER1 ONB OR MORS OF THE DEFENDANTS MAY 
RESIDE OUf OF THE COUNTY IN WHICH THE ACTION 18 
BROUGHT. 

Process issuing Section 1. The General Assembly of North CwoUtoa do 

the' Peace hi C one en act, That in all civil causes in courts of justices of the 

Knoti™ coSIt v P eace wnere on e or more of the defendants may reside in a 

rendered valid by county other than that of the plaintiff, it shall be lawful for 

endorsement of r ' 

justice in defen- any justice of the peace within the county where such 

d ant's fount 1 . . , ,, , , , ,' . , *± ■ . , , 

defendant or defendants may reside, upon proof of the hand- 
writing of the justice of the peace who issued the process, 



1871-72.— Chapter CO— 61. 107 

to endorse his name on the same, or a duplicate thereof, 

and such process so endorsed shall be executed in like 

manner as if it had been originally issued by the justice 

endorsing it. 

• Sec. 2. That in all cases referred to in section first of this Testimony of the 

. Clerk of Superior 

act. it shall be lawful for the clerk oi the superior court oi Court. 

the county in which the action is brought, to certify, under 

the seal of his court, on the process or a duplicate thereof, 

that the justice oi the peace who issued the same is an 

acting justice of the peace in Ids county. And in ail such 

eases it shall be the duty ot any sheriff' or constable to whom 

it may be directed, to make an entry of the date of its Entrj of date. 

reception, and to execute the same as now provided by law 

for the service of civil process in courts of justices ot the 

peace, and return it by mail to the justice of the peace from 

whose court it issued. 

Sec. 3. That no justice of the peace shall enter a judg- No process served 

A . j under tiro davs 

ment under the provisions ot this act against any defendant notice. 

who may be a non-resident of his county, unless it shall 

appear that the process was duly served upon him at least 

two days before the return day of the same. 

Sec 4. That this act shall be in force from and after its When act to take 

effect, 
ratification. 

Ratified the 24th day oi January, A. D., 1872. 



CHAPTER LXI. 

AN ACT £UPPLE1IENTAL TO AN ACT ENTITLED AN ACT TO 
INCORPORATE THE ELIZABETH CITY AND NORFOLK RAILROAD, 
RATIFIED TnE TWENTIETH DAY OF JANUARY, ANNO DOMINI 
ONE THOUSAND EIGHT HUNDRED AND SEVENTY. 

Section 1. The General Assembly of North Carolma do manner of racing 

J " funds for con- 

enact. That the board of directors of said company be and struetion ot 

i ■ i , ii i Kail Road. 

they are hereby authorized to issue bonds and mortgages 
upon any and all the property ot said company to secure 
loans, advances, acceptances and debts made or incurred by 



108 



!S71-'72. — Chapter 61—62. 



Puhne naeetin; 
subiwibsrs. 



of 



said company in building said railroad and equipping the 
same. 

Sec. 2. That when the books shall have been opened and 
the requisite amount of stock has been subscribed, as pro- 
vided for in the original act, to which this is a supplement, 
a majority in amount of said subscribers shall call a public 
nieeitng, giving notice of time and place in a newspaper, at 
Elizabeth City, for a period of thirty days, whereupon the 
Eiecti«E9f Dkoc- subscribers shall elect a board of five directors from among 
their number at the time of the election, each subscribe* 
being allowed one vote in person or by proxy, for each share 
subscribed. 

Sec. 3. That upon failure of said company to secure the 
the right of way by amicable concession, the land owners 
mentioned in section sixth ot the original act, shall cone 
the same in accordance with said act, of such width as they 
may deem advisable : Provided, The laud so condemned 
ihall not be less than one hundred feet wide. 

Sec. 4. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January, A. D., 1ST2. 



VoV; by ebares. 



Land «oad<nunod. 



Prerisev 



Whin aut hi be in 
forea. 



CHAPTER LXII. 

AST ACT FOR THE SUPPORT OF THE INSANE ASYLUM OF NORTH 
CAROLINA FOR TUB YEAR ENDING THIRTY-FIRST DECEMBER, 
ONE THOUSAND EIGHT TIUNDEED AND SEVENTY-TWO. 



In«r«ae« ©f ftiads 
f<w eapport of la- 
.«aa« AsTlmoa. 



Section 1. The General Assembly of North Carolina do 
enact, That the sum of sixty thousand dollars be, and the 
same is hereby appropriated out of the fund authorized to 
be levied and collected in accordance with chapter two 
hundred and twenty-seven, section three, and class one, 
section one, of an act entitled "An act to raise revenue." 
ratified fourth day of April, one thousand eight hundred and 



1S71- 72.— Chapter 62—63. 109^ 

seventy-one. to the insane asylum of North Carolina for the 
support of the same until the close of the fiscal year one 
thousand eifi-ht hundred and seventy-two, and the board of P 0ft, ' d °i D . irei {- 

~ " ' tors authorized 

director ot the said insane asylum, are hereby authorized to draw money, 
and empowered to draw the said amount, or so much thereof 
as in their judgment may be necessary, and at such times as 
they may think proper. 

Sec. 2. That this act shall be in force from and alter its When act to take 

eflect. 

ratification. 

Ratified the 24th day of January, A. I). 1872. 



CHAPTER LXIII. 

AX ACT TO PROVIDE FOR THE LAYING OFF AND CONSTRUCTION 
OF A PUBLIC HIGHWAY IN THE COUNTIES OF BURKE AND 
MITCHELL. 

Section 1. The General Assembly of North Carolina do Oommi- doners. 
enact, That William C. Erwin, Thomas S. Parks and W. 
M. Winten, ot Burke county, and Aden Wiscnm, Thomas 
Xand and "Wilson Burleson, of Mitchell county, be and they 
are hereby appointed commissioners to lay off a public Location of ?#»#, 
highway from the town of Morganton, crossing the Catawba 
river at McDowell's ford, thence along or near the Quaker's 
Meadows road to Carlton's road, thence by such route as 
said commissioners may deem best, to the Lineville river and 
over the Blue ridge to the valley cf Toe river. 

Sec. 2. That said commissioners may make at any time Report oftRo&d 

. . J J §nbmittedto 

or place in either of the counties above named, designated County coramiE- 

by said W. C. Erwin, and at least two of said commissioners 

from each of said counties being present, may proceed to 

lay off said road, and shall so soon as they have determined 

and marked out the line of said road, submit a report to the 

county commissioners of each of said counties, describing 

particularly the location of the road. 



110 1S71-7-2.- Chapter 63. 

Sor rcement 0i Sec ' :j * Tiiat ll P on tIlc submission of said report, as afore- 
said, it shall be the duty ot the county commissioners of 
each ot said counties to make, or cause to be made a list of all 
persons, now liable by law to be compelled to work on 
pnblie highways, and residing within three miles of the line 
marked out and described as aforesaid, and to appoint 
overseers, and apportion said persons among them a wording 
to location, and with due regard to the cost of constructing 

Proviso, the different portions of the road; Provided, That no such 

person shall be compelled to labor on any part of said road 
more than six miles distant from his place of residence, and 
.-aid commissioners of each of said counties shall also, within 
twenty days after the receipt oi said report, appoint 
overseers, and shall furnish a copy of the order appointing 
them, and a list of the persons liable to work under each, 
signed by the register of deeds to the sherifts of their 
respective counties, whose duty it shall be to serve the same 
on said overseers within ten days trom the delivering to 
them. 

Time specified Sec. 4. That said overseers shall not have power to 

for work. , . . .. , , . 

compel any person to work on said proposed road, lor more 
than five consecutive days at any time, nor before be fifteen th 
day of August, one thousand eight hundred and seventy- 
two, but it shall be the duty of said overseers to cause such 
portions of said road as may be assigned to them respec- 
tively, to be completed in such manner as other public high- 
ways are now required by law to be kept up by overseers, 
within six months from said fifteenth day of August, and 
notify the commissioners appointed by this act and residing 
in the county where the work is done, that such portion of 
the road is finished, and thereupon such commissioners shall 

Report of work, instruct said work, and it they shall report to the county 
commissioners that it is finished as required by law, then 
such overseers and persons under him, shall be discharged 
from further duty under this act, otherwise such overseers 

Penalties for fail to be subject to the penalty hereafter prescribed for failure 
to perform duties imposed by this act, and also liable to pay 
one hundred dollars, one half to any person suing for the 



1871-72 — Chapter 63. Ill 

•same, and the residue for the benefit of the county : Pro- Proviso. 
vided, That further time may be allowed by the county 
commissioners of each of said counties to overseers in charge 
of portions of said highway between Irish Creek and 
Lineville River. 

Sec. 5. That overseers appointed and persons liable to RoIdTsubject to 
work under the provisions of this act shall be subject in the ^L sa ^ e -.v ws as 

-T > other piuilic 

same manner to the penalties and punishments imposed by servants. 
any law upon other overseers of public highways and 
persons liable to work thereon, and the proceedings in all 
cases shall be as so prescribed by law, all persons living 
within three miles being liable to work on said road aioresaid. 

Sec. 6. That the county commissioners of each of said f}"\ff Tax t0 be 
counties shall have power to levy and collect a special tax 
not to exceed five hundred dollar.?, to be expended on that 
portion of the road in their respective counties between 
Irish Creek and Lineville River, and such of the eomniis- 
sioners appointed by this act as leside in the county making 
the subscription/)!- levying the tax as aforesaid, or a majority 

of them, shall have power to make contracts for the expen- Power to rra'ws 

. , . contracts, 
ditureot the same, and their orders endorsed by the chair- 
man of the beard of county commissioners for the amount 
so collected shall be paid by county treasurers of the said 

counties, and county treasurers of said counties shall have County Treasurer 
i i r i «t i i • t • i i • ±t • hold subscrip- 

the custody of any sums subscribed by individuals m their tions. 

respective counties, which shall be expended in the same 

manner. 

Sec. 7. That the commissioners appointed by the first Compensation 

" for Commis- 

section cf the [this] act may, at any time, make oath to the sioners. 

number of days that they have necessarily spent in the 

performance of the duties imposed by this act before the 

county commissioners of their respective counties, and it 

shall be the duty of such hst named commissioners to allow 

them a compensation of not more than five nor less than 

two dollars per day, and to give an order on the county 

treasurer for the amount to be paid out of any funds, other 

than those collected for common schools, in his hands. 

Sec. 8. That any person that may consider himself 



112 



1871- 72.— Chapter 63—64. 



Petition for 
damages. 



Proviso. 



When act to be in 
force. 



damaged by the construction of said road over bis land, may 
file his petition before the county commissioners of the 
county where his land lies, who, after investigation and 
taking into consideration the benefit of said road to the 
land, may allow him damage, it just, to be paid by the 
county : Provided, This act shall not go into effect till 
ratified by a majority of the people of Burke and Mitchell 
counties. 

Sec. 9. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January, A. D., 1872. 



CHAPTER LXIV. 

AN ACT TO AMEND " AN ACT TO RESTORE AND REINSTATE 
RECORDS OF THE SEVERAL COURTS IN THE STATE, DESTROYED 
DURING THE LATE WAR." 



Amendment to 

act for restora- 
tion of records 



Provisions of this 
act include all 
records lost both 
since and during 
the "war. 



Act to be in force 



Section 1. The General Assembly of North Carolina do- 
enact, That the act entitled " An act to restore and reinstate 
records of the several courts in the state destroyed by fire 
and otherwise during the late war," and ratified the twenty- 
second day of February, anno domini one thousand eight 
hundred and seventy-one, be amended by inserting in the 
ninth line of the same, after the words sixty -five, the words- 
" by any executor or administrator with a will annexed or." 

Sec. 2. That the provisions of said act of which this is 
amendatory, shall extend to records of court which have 
been destroyed by fire or otherwise since as well as during the 
war, and to any deed of conveyance, paper writing, or other 
lona Tide evidence of title executed before the destruction 
of said records aud prior to the ratification of this act. 

Sec. 3. This act shall be in force from its ratification. 

Ratified the 25th day of Januaay, A. D. 1872. 



1871-72.— Chapter 65- CG. 113 



CHAPTER LXT. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF NASH COUNTY TO 
LEVY A SPECIAL TAX. 

Section 1. The General Assembly of North Carolina do Special tax to be 

, m , , . . . >T ' . . . . levied for jail 

enact, lliat the commissioners ot rsash county be authorized purposes, 
to levy and collect in the same manner as other taxes are 
leried and collected, a special tax sufficient lor defraying the 
expenses of erecting a wall around the public jail and a 
dwelling for the keeper within the same, and for such other 
purposes as may be deemed necessary for establishing a 
better system of securing prisoners, due regard being had 
for the equation of tax between the poll and real estate, as 
established by the constitution. 

Sec. 2. This act shall be in force from and alter its ratifi- Whcna.tto take 

effect. 

cation. 



Ratified the 25th day of January, A. D. 1872. 



CHAPTER LXVI. 

_AN ACT T» EMPOWER THE COUNTY COMMISSIONERS TO EXTEND 
THE TIME FOR COLLECTING THE COUNTY TAXES. 

&i:<;Tn>i* 1. The General Assembly of North Carolina do Extension of 

, mi . 'j. a \ ] / . . time ior collect- 

•enact, lhat a majority ol any board ot county commissioners ing taxes. 

mar extend the time for the collection and settlement of the 

county taxes in their respective counties, to such time as 

they may deem expedient, not to extend beyond first day ol 

Hay, in the year following that in which the taxes were 

levied. 

Sec. 2. This act shall be in force from and after its ratifi- when act to take- 

cation. ctlect - 

Ratified the 25th day of January, A. D. 1872. 

S 



114 1871-72.— Chapter 67. 



CHAPTER LXVII. 

AN ACT CONCERNING REPRESENTATION IN THE HOUSE OF REPRE- 
SENTATIVES. 

^membLsfo'r" Section 1. The General Assembly of North Carolina do 
the House of enact. That until the general assembly shall have made the 

Representatives . c J 

•until the new ap- new apportionment, as provided by the constitution and laws 
portionment. , __ . ~ ,. . . ., , ,. it,, 

of .North Carolina, the house ot representatives shall be 

composed of members elected from the counties in the 
following manner, to wit : The county of Wake shall elect 
four members; the county of New Hanover shall elect three 
members ; the counties of Buncombe, Caswell, Chatham r 
Craven, Cumberland, Davidson, Duplin, Edgecombe, Gran- 
ville, Guilford, Halifax, Iredell, Johnston, Mecklenburg, 
Orange, Pitt, Randolph, Robeson, Rockingham, Rowan. 
Sampson. Warren, Wayne and Wilkes shall elect two 
members each ; and the counties of Alamance, Alexander, 
Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Bruns- 
wick, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, 
Cherokee, Chowan, Clay, Cleaveland, Columbus, Currituck, 
Dare, Davie, Forsyth, Franklin, Gaston, Gates, Greene, 
Harnett, Haywood, Henderson. Hertford, Hyde, Jackson, 
Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, 
Mitchell, Montgomery, Moore, Nash, Northampton, Onslow, 
•/« 3 &*J?asquotank, Perquimans, , Polk, Richmond, Rutherford, 
Stanley, Stokes, Surry, Swain, Transylvania, Tyrrell, Union, 
Washington, Watauga, Wilson, Yadkin and Yancey shall 
elect one member each. 
When act to be iu Sec. 2. This act shall be in force from and after its ratifi- 

force. 

cation. 

Ratified the 25th dav of January. A. D., 1S72. 



1871-'72.— Chapter 68. 115 



CHAPTER LXVIII. 

AN ACT TO PREVENT THE EECKLESS DESTRUCTION OF DEER. 

Section 1. The General Assembly of North Carolina do J^fXm*^' 

enact, That if any person shall hunt for with gun, or chase Deer - 

with a dog, or shall kill or destroy any deer running wild in 

the woods, between the fifteenth day of January and the 

first day of September next thereafter ensuing, unless in an 

enclosure surrounded by a sufficient fence, at least five feet 

high, and where such person shall have a lawful right so to 

do, the person so offending shall pay a penalty of fifty dollars 

for each and every offense to any person or persons suing 

tor the same, one-half for his use and the other for the use 

of the public school or schools of the school district or 

districts wherein the offense is committed, and the offender 

shall be deemed guilty of 'a misdemeanor, and on conviction 

shall pay a fine of not less than ten dollars, or be imprisoned, 

or both, at the discretion of the court. 

Sec. 2. In the event that no one has brought a prior suit, School Commit- 

° x ' tees can sue for 

and prosecuted the same in good faith for the penalty pre- damages. 

scribed in the preceding section, it shall be the duty of the 

school committee of any township where the said offense 

shall be committed, to sue for the same, and the whole of 

their recovery shall be to themselves for the use of their 

school district. And it shall further be their duty to cause 

any person so offending to be prosecuted, by indictment, for 

such offense. 

Sec. 3. That the provisions of this act sliall not apply to Counties through 
the county of Johnston and all other counties east of the Road passes are' 
"Wilmington and Weldon Railroad, or through which the exemp ■ 
Wilmington and Weldon Railroad passes, nor to the counties 
of Madison, Tancey, Cumberland, Ilarnett, Columbus, 
Anson and Sampson. 

Sec. 4. This act shall be in force from and after its ratifi- Act to take effect- 
cation. 

Ratified the 26th day of January, A. D. 1872. 



116 1S71-72.— Chapter 60. 



CHAPTEE LXIX. 

AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO [8SUE A 
PATENT TO LUNSFORl) CAHOON, OF ELIZABETH CITY. NORTH 
CAROLINA. 

Preamble. Whereas, Luther C. Dashell, late sheriff of the county 

of Pasquotank, did on the third day of September, one 
thousand eight hundred and sixty-six, expose to public sale, 
in the said county of Pasquotank, a certain piece of land 
with the improvements thereon for the payment of the 
state and county taxes due thereon, which amounted to 
nine dollars, and which said land is described as situate 
on Shepherd street, in the town vi Elizabeth City, in said 
county, and no one appearing and bidding for the said land, 
it was purchased by the said Dashell, sheriff aforesaid, tor 
the state, and the said Dashell. sheriff aforesaid, executed a 
deed, dated the fifteenth day of June, one thousand eight 
hundred and sixty-eight, for said land and improvements 
thereon, to the state, which said deed is of record in the 
office of the secretary of state ; therefore 
Deed of patent Section 1. The General Assembly of North Carolina do 

issued. * 

mad, lhat upon the payment to the treasurer of the state, 
the aforementioned sum of nine dollars, with twenty-fire per 
cent, additional, and the usual fees of the secretary ol state, 
the said secretary of state is thereby authorized and required 
to issue a deed or patent for the above described land, to 
Lunsford Gaboon, of Elizabeth City, the present occupant 
thereof, with all the privileges, improvements and appur- 
tenances thereunto belonging or appertaining. 
When act t* take Sec. «. This act shall take effect from its ratification. 
Ratified the 26th day of January, A. D. 1872. 



lS71-'72,— Chapter 70. 117 



CIIAPTEE LXX. 
i 

AX ACT TO AUTHORIZE THE COMMISSIONERS OF STOKES COUNTY 
TO ISSUE BONDS. 

Section 1. The General Assembly of JVortA Carolina do Beads issued for 

J J •ounty debt. 

enact, That in order to liquidate the just debts of the county 
of Stokes, the commissioners of said county are hereby 
authorized to issue coupon bonds, not exceeding in amount 
the sum of twenty-five (§25,000) thousand dollars, in denomi- 
nations of not more than one thousand dollars, nor less than 
twenty dollars : Provided however, That the said county Proviso, 
commissioners shall fund no claims against the county about 
which doubts may be entertained relative to their validity 
on account of their connection with the rebellion. 

Sec. 2. That said bonds shall run for ten years with Manner ©f pay- 

meat. 
interest at the rate of six per cent, per annum, payable 

annually, and the coupons on said bonds shall be receivable 

in payment of the taxes for any fiscal year in which they ■ 

may fall due. 

Sec. 3. That said bonds and the coupons thereof shall be Okairman and 

, , ,, , . ,, , . . , . . Clerk of Board 

signed by the chairman of the board of county commissioners mnstjrigtr; bonds. 

and countersigned by the clerk of the board, which latter 

officer shall keep a book suitable for the purpose* in which Book kept for the 

he shall keep an accurate account of the number of hoods pnrp0fi 

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 service he may receive a reasonable 

compensation to be fixed by the board. 

Sec. 4, That said county commissioners shall have the Bedeuiption of 

privilege to redeem the said bonds at any time after the 

expiration 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 sinking fund. 

to redeem said bonds when they shall fall due. 



US 1871'-72.— Chapter 70—71. 

Forthesecuatj Sec. 5. That it shall be lawful for said counts com mis- 
required. , , . v 

sioners, 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. 

Tax levied for re- Sec. 6. That said commissioners oi Stokes county are 
deeming bonds. ,,,.-,! 

hereby authorized to levy a tax ot one filth (1-5) of one per 

cent, on the real and personal property of said county, and 

sixty (60) cents "on each poll for the special purpose' ot 

redeeming said bonds. 

■When act to take Sec. 7. That this act shall be in force from and after its 
effect 

ratification. 

Ratified the 26th day of January, A. D. 1872. 



CHAPTER LXXL 

AN ACT TO CREATE A FTNANCE COMMITTEE IN THE SEVERAL 
COUNTIES OF THE STATE. 

Finance Commit- Section 1. The General Assembly of Sorth Carolina do 
enact, That the justices of the peace in the several counties 
of the state may assemble at the courthouse in their 
respective counties on the first Monday in each and every 
year, and a majority of them being present, they may elect, 
by ballot, three discreet, intelligent, tax-paying citizens, 
to be known as the " Finance Committee/' whose duty it 
shall be to inquire into, investigate and report by public 
advertisement, at the court house, and one public place in 
each township of the county, or in a newspaper, at their 
option, if one be published in the county, a detailed and 
itemized account of the condition of the county finances, 
together with any other information appertaining to any 
funds, misappropriation of county funds or any malfeasance 
in office b} 7 any county officers. 



1872-'72.— Chapter 71—72. 119 

Sec. 2. For the purpose of rendering the first section of P<?™ of Com - 
this act effectual the said finance committee shall have 
power and authority to send for persons and papers, and 
any person failing to obey their summons, or produce 
promptly any paper relating or supposed to relate to any* 
matter appertaining to the duties of the finance committee, 
such person or persons shall be deemed guilty of a misde- Misdemeanor, 
meanor, and, upon conviction in the superior court, shall 
be fined and imprisoned at the discretion of the court. 

Sec. 3. It shall be the duty of said "finance committee" Committeeie. 
to make and publish, as herein directed, their report on or 
before the first Monday in July of each and every year. 

Sec. 4. The members of said finance committee before Oathadngnfe^ 
entering upon their duties shall, before the clerk of the Superior Court, 
superior court, subscribe to the following oath or affirmation : 
" I, A. B., do solemnly swear (or affirm) that I will diligently 
inquire into all matters relating to the receipts and disburse- 
ments of county funds and a true report make, without 
partiality, so help me God." 

Sec. 5. The said committee shall receive a compensation Remuneration, 
of five dollars each for the performance of their duties 
imposed by this act. 

Sec. <3. This act shall be in force from and after its ratifi- Act to take efleefc. 

-cation. 

Katified the 26th day of January, A. D., 1872. 



CHAPTER LXXII. 

AST ACT TO AMEND " AN ACT AUTHORIZING THE COMMISSIONERS 
OF BERTIE COUNTY TO ISSUE BONDS," RATIFIED TWENTIETH 
DAY OF DECEMBER, ANNO DOMINI ONE THOUSAND BIGHT 
HUNDRED AND SEVENTY-ONE. 

Section 1. The General Assembly of North Carolina do Amendment. 
4nact, That section sixth of an act entitled " An act to 



120 1871-72.— Chaptek 72—73. 

authorize the commissioners of Bertie county to issue bonds.'* 

ratified the twentieth day of December, one thousand eight 

hundred and seventy one, be amended by inserting after the- 

word k- auditors " in said section, the words "'a majority of 

whom shall constitute a quorum and be authorized to act,'* 

so that the section will read as follows : 

Board of Audi- Sec. 6. That Jonathan S. Taylor, S. B. Spruill, Lorenzo 

S. Webb, Joseph B. Cherry and P. H. Winston be appointed 

a board of auditors, (a majority of whom shall constitute a 

quorum and be authorized to act,) to audit the claims. 

When aerobe in Sec. 2. That this act shall be in force from and after its- 
force. ,•,. ,. 

ratification. 

Ratified the 26th day of January, A. D. 1872. 



CHAPTER LXX1IJ 



AN ACT TO ALLOW THE COMMISSIONERS OF ANSON COUNTY TC* 
LEVT A SPECIAL TAX. 

Special tax levied Section 1. 2 he General Assembly of JS'orth Carolina do 

*or debt. J mi , „ . . - » 

enact, lhat the commissioners of Anson county be author- 
ized and empowered to levy a special tax, at the same time 
with the other levies, on all the taxable property of the 
county for the year one thousand eight hundred and seventy- 
two to be applied to the payment of the interest on the 
bonded debt of said county and the repairing of the court 
house and the jail therein. The said tax shall not exceed 
twenty-five thousand dollars, and shall be collected in the 

maimer of eoiiec- same manner and within the same time as the other taxes 

levied in said county. 

When act to be in Sec. 2. Tliis act shall be in force from and after its ratifi- 
lorcc. 

cation. 

Ratified the 27th day of January, A. D. 1872. 



1S71-72.— Ouapteb 74. 121 

CHAPTEE LXXIV. 

AS ACT TO AMEiST) THE CODE OE CniL PROCEDURE. 

Whereas, Doubts are entertained whether the several Preamble. 
clauses of executions, provided for in chapter one, title eleven 
of the code of civil procedure, should issue from the superior 
courts of the county where the judgment is docketed when 
such judgment is docketed in a county other than the one 
in which the same was rendered, or from the superior court 
of the county in which judgment was rendered; therefore, 
to remove and settle all doubts: 

Section 1. The General Assembly of North Carolina do Judgments 

. . docketed a* nsvr 

enact) That the judgments of the several courts in this provided by law. 

state shall be docketed as now provided D j law ; but the 

executions provided in chapter one, of title eleven, of the Executives and 

code of civil procedure, and all writs of venditioni exponas, nlavriltsthJ? 9 ' 

and other process for the enforcement of such judgments of court^atr- 

fchall issue under teal of the court only from the court in rB * j«^pn«nt. 

which the judgment for the enforcement of which such 

execution, processes or other final process, or any of them 

may issue, was rendered ; and such executions or other 

final process against the property of the defendant or Toany county 

i / /i i • -i i in wkieb judjr- 

defendants, or any one or more of them, may be issued to nient is docketed. 

any county in which such last mentioned judgment may be 

docketed; and such executions or other final process may To two or more 

, eountfei at annao 

issue to two or more counties at the same time as now pro time, 
vided by law, and executions against the person of the 
defendant or defendants, or any of them, may issue to any 
♦ne or more counties in the state : and the returns of all 
such executions or other final process shall be made to the 
court of the county from which the same is issued. 

Sec. 2. That when any such execution shall be returned, clerk of County 
as herein provided, the return of the sheriff or other re °urn is made to 
officer shall be noted by the clerk on the execution docket ; cicrk Superior 
and when the same shall be returned satisfied, or partially Court of each 

1 - county where the 

satisfied, it shall be the duty of the clerk of the court to judgment Is 

docketed. 
which the same is returned to send a copy of such hst 



122 1871-'72.— Chapter 74. 

mentioned return, under his hand, to the clerk of the 

superior court of each county in which such judgment is 

docketed, whose duty it shall be to note such copy in his 

execution docket, opposite said judgment, and file said copy 

with the transcript of the docket of said judgment in his 

office. 

fou^eis^cd Cn ' Sec. 3 - That in all cases where such executions have been, 

derin t°^"&i ren * or are now i ssliec ^ cither from the court of the county in which 

or from court in ' such judgments were rendered, or from the court of the 

which docketed, J . , . , , . , . , . 

or both. county in which sucli judgment was docketed, other than 

that in which such judgment was rendered, or from both of 

such last mentioned courts, whether at the same time or 

otherwise, all sales of property and all other things made 

and done and all liabilities and penalties incurred by sheriffs, 

or other officers or persons, under and in pursuance of such 

b!ndin be vaU ]j and last mentioned executions, shall be valid and binding upon 

officers. all such sheriff's, other officers or persons, to all intents and 

purposes, and to the same extent as if such executions or 

other processes for the enforcement of said judgments had 

Proviso. issued in all respects regularly : Provided nevertheless, That 

such executions or other such process, were and are in other 

respects than those herein specified, regular and valid. 

Notice to ameroed Sec. 4. That in all cases where any sheriff, or other officer, 

sheriffs under J ' 

hand and seal of shall be amerced for failure to make due returns of any execu- 

wtfere judgment tion, or other writ or process, placed in his hands, or for any 

default whatsoever in office, and judgment nisi or otherwise, 

for the penalty or forfeiture in such case made and provided, 

shall be entered, it shall be sufficient to give such sheriff 

notice, according to law, under the hand of the clerk and seal 

of the court, where such judgment may be entered of a 

motion for a judgment absolute, or for execution as the case 

may be, and no other notice, summons or suit shall be 

necessary to enforce the same ; and such proceedings shall 

be deemed and held in aid of a suit or other proceedings 

already instituted in court. 

Eatified the 27th day of January, A. D. 1872. 



is entered suffl 
<Heat, 



1871- 72.— Chapter 75. 128 



CHAPTER LXXY. 



AN ACT TO REGULATE PROCEEDINGS IN MANDAMUS. 

Section 1. The General Assembly of North Carolina do Applications for 

a J writs of manda- 

■mact, That all applications for writs of mandamus shall be mus. 
made by summons and complaint. 

Sec. 2. That in all applications when the plaintiff seeks Manner in which 

'i l summons for ap- 

to enforce a money demand the summons shall issue and be plications for 

^ # . writs of manda- 

made returnable as is prescribed by the second section ot mus shall issue 

, .,,it / ,i -i-ij.1 and be returnable 

chapter seventy-six, of the laws ot one thousand eight nun- W hentheenforce- 
dred and sixty-eight and one thousand eight hundred and demand is sou^M. 
sixty-nine, entitled " An act to suspend the code of civil 
procedure in certain cases," and that the subsequent plead- 
ings and practice in such cases shall be the same as is 
prescribed for civil actions by the third, fourth and fifth 
sections of said act. 

Sec. 3. That in all applications when the plaintiff seeks Manner in which 
11 2 summons for ap- 

other relief than the enforcement of the payment ot a money plications for 

t i i i i writs of manda- 

deniand, the summons shall be made returnable before a mus shall be made 
. , , .-, . , , i_ i • returnable when 

judge of the superior or supreme court at chambers, or in other relief than 

term at a day specified in the summons, not less than ten S} e a mon^de" 11 
days after the service of the summous and complaint upon mand is sought, 
the defendant, at which time the court, except for good 
cause shown, shall proceed to hear and determine the cause, 
both as to law and fact : Provided however, That in cases Proviso, 
arising under this section where issue of fact is raised by the 
pleadings, it shall be the duty of the court, upon the applica- 
tion of either party, to continue the same till said issue of 
fact can be decided by a jury of the next regular term of 
the court. 

Sec. 4. That all complaints in applications for mandamus Complaints to be 
jgball be verified according to law. 

Sec. 5. That all laws and clauses of laws in conflict with Repealing clause. 
this act are hereby repealed : Provided however, That this Proviso, 
act shall not apply to actions commenced before the ratifica- 
tion of this act. 



1»4 1ST 1-72.— Ciiaitek 75—76. 

When act to beta g Ea 6. That this act shall he in force from and after its 
ratification. 
Ratified the 20th day ot January, A. D. 1872. 



CHAPTER LXXTI 



AN ACT TO INCORPORATE THE YADKIN A2TD DAN EITKR KAIL 
ROAD COMPANY. 



i 'ii of rail- 



Section 1. The General Assembly of N&rih Carolina do 
enact, That for the purpose ot constructing a railroad of 
<>nc or more tracks from some point at or near the town of 
Salisbury, in the county of Rowan, running in the vicinity 
of Stokesburg, in Stokes county, to some point on the 
northern boundary of the state to the Virginia line, east ot 
Mayo river, to be hereafter determined on in the opinion 
of the company hereinafter named, or their legal represen- 

Corporators. tatives, as the nature of the route will permit : Dr. T. W. 

Keen, M. L. Holmes, J. IT. Thompson, Dr. J. H. Shelton, 
Henry W. Fries, Col. Henry Marshall, S. S. Wall, Col. 
Benjamin Bailey, John D. "Watkins and George L. Aiken 
arid their associates, successors and assigns, are constituted a 
company, and are hereby incorporated under the name and 

Uorporate name, style of the " Yadkin and Dan River Railroad Company," 
itcck. with a capital stock of five hundred thousand dollars, with 
the privilege of increasing the same to five millions of 
dollars, which shall have a corporate existence as a body 
politic for the space of ninety-nine years, and by that nam* 
jhts. may sue and be sued, plead and be impleaded in every court 
in the State of Xorth Carolina, and may have and use a 
common seal, and shall be capable ot purchasing, holding, 
leasing and conveying estate 5 real and personal and mixed, 
and acquiring the same by giit or devise, so far as may be 
necessary tor the purpose herein contemplated. And the 
said company may enjoy all the rights and immunities which 



1S7I-72. -Chapter 76. 125 

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 State of 
North Carolina, and of the United States. 

Sec. 2. That the capital stock of said company may be s £jJ. cripti n t0 
created by subscription on the part ot individuals, muni- 
cipal and other corporations, in shares of the value ot one 
hundred dollars each, which may be made in lands, timber, 

work or monev, as may be stipulated. 

_ _,, , , P , . ,. t -i . i ,■ Books of sub- 

Sec. 3. That books ot subscription to the capital siock ot scnption. 
said company may be opened by the following commis- 
sioners, to wit: at Salisbury, by Dr. T. W. Keen and M. L. 
Holmes; in Lexington, by J. B. Thompson and Dr. J. H. 
Shelton : in Winston, by II. W. Flies and Col. Henry Mar- 
shall ; at Walnut Cove, by S. S. Wall and Col. Benjamin 
Bailey ; and in Madison, by John D. Walking ; and in Leaks- 
ville, by George L. Aiken, and by such other persons and 
at such places as they 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 ol the state ; and further- 
more, that said commissioners, or any five of them, ma}', at 
any time after said books have been kept open for the space of 
thirty days, and the sum of twenty thousand dollars has 
been subscribed to the capital stock of said company and v 

five per cent, paid thereon, have power to call together the 
subscribers to said stock tor the purpose ol 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 ''Yadkin and Dan River 
Railroad Company." 

Sec. 4. That said company may hold annual meetings ol Annual meetings, 
the stockoldcrs, and ofteuer, if necessary, and at its organi- 
zation and the annual meetings subsequent thereto, twelve 
directors shall be elected by the stockholders to hold office Directors, 
for one year or until their successors .-hall be elected, and Term of time. 
any of said meetings shall have power to make or alter the 
by-laws of the company: 2 J rovid€d, That all such meetings Proviso, 
of the stockholders, a majority of all the stock subscribed 



126 



1871-72.— Chapter 76. 



President. 



Exclusive right 
of conveyance. 



shall be represented in person or by proxy, which proxy 
shall be verified in the manner prescribed by the by-laws 
ot 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. 
Sec. 5. That after the company shall be organized as 
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, to a point on the 
northern boundary of the state of North Carolina to the 
Virginia line, east of Mayo river, to be fixed by them ; that 
the said company shall have the exclusive right ot con- 
veyance or transportation of persons, goods, merchandise 
and produce on the said railroad, to be by them constructed. 
at such charges as may be fixed by a majority of its direc- 
Further powers, tors ; that said company may assign or lease their franchise 
or their rights of transportation on said road to any person, 
persons or corporation. 

Sec. 0. That said company shall have the power to use 
and enforce the payment of stock subscribed as was hereto- 
fore granted to the North Carolina Railroad Company by 
the charter of incorporation, and shall have power to con- 
demn lands for the use of 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 
Railroad Company was authorized to do by the act of incor- 
poration. 

Sec. 7. That all contracts made and entered into by the 
president or superintendent of the company, whether with 
or without seal, shall be binding upon said company, and 
the president shall, under the instruction of the board ot 
directors, issue certificates of stock to stockholders, which 
shall be transferable by the by-laws of the company ; Pro- 
vided, That the gauge of said road shall be four feet, eight 
inches and a half, the same as the North Carolina Railroad. 



Land condemned. 



Contracts bindint 



Proviso. 



|18Tl-'72. — Chapter 76—77. 127 

Sec. S. That the said corporation formed under this act Manner of raising 

1 _ funds for railroad 

shall have power, from time to time, to borrow such sums of 

money as may be necessary lor completing and finishing 
or operating their railroad, and to issue and dispose of their 
bonds for any amount so borrowed; and to mortgage their 
corporate property and franchise to secure the payment of 
any debt contracted by the company for the purpose afore- 
said ; and the directors of the company may confer on any 
holder of any bond, issued for money borrowed as aforesaid, 
the right to convert the principal due, or owing thereon, 
into stock of said company at any time not exceeding ten 
years from the date of the bond, under such regulations as 
the directors may see lit to adopt. 

Sec. 9. That this act shall be in force from and alter its When act to take 

effect. 

ratification. 

Eatified the 29th day of January, A. D. 1872. 



CHAPTER LXXYII. 

AX ACT TO ESTABLISH A NEW COUNTY BY THE NAME OF 

GRAHAM. 

Section 1. The General Assembly of North Carolina do Boundai 7- 
enact. That all that part of Cherokee county included within 
the following bounds, to wit : Beginning at a stake at the 
mouth ol Slick Eock creek on the Hues ol North Carolina 
and Tennessee, and rnnning with said line to the top of 
Unacoee mountain, thence to the Laurel-top, thence with 
divide mountain between Beaver Dam, Hanging-Dog 
and Snowbird creeks, to the top of the mountain between 
Snowbird creek and Valley river and Cheoee; thence east, 
with the meanders of the mountain to the top of the same, 
to the line of Cherokee and Macon counties, thence north- 
ward with that line to the bank of Tennessee river, thence 
with the meanders of the bank of 6aid river to the 



128 



1S71- 72.— Chapter 77— 78. 



Proviso, 



When aetto.be io 
force. 



beginning; be and the same is hereby created into a sepa- 
rate and distinct county, by the name ot Graham, with all 
the rights, privileges and immunities incident and belonging 
to the other counties in this state : Provided, Said county 
shall not be entitled to a representative under the appor- 
tionment made by this general assembly. 

Seo. 2. This act shall be in force from and after its ratifi- 
cation . 

Ratified the 30th day of January, A. D., 1S72. 



(MI APT Eli LXX VI I I. 

AN ACT TO CHARTER THE UPPER DIVISION OF THE YADKIN 

RAILROAD OiMl'AXY. 



««rj»«r»t« mwo. Section l. The General Assembly 'of fiorth Carolina <',, 
enaci, That authority is hereby granted for the formation of 
a railroad company to be styled the " Upper Division of tlie 
Yadkin Railroad Company," for the construction of a railroad 

Lociit'.on of tail. f rom Salisbury to Wilkesboro', through the counties ot 
Rowan, Davie, Yadkin or Iredell and Wilkes, and thence 
to the Tennessee or Virginia line. 

Sec. 2. That all the provisions of the charter heretofore 

Former charter to granted to the Yadkin Railroad Company, solar as the same 

fcaruade appLira- & , , *. . . 

t»ie to the upper nmv be applicable to the purpose ot organizing the companies 
Divison of Yad- , ' . , . , ■, , L i i 4 ,• ,1 

kjuiRaitrod Com- herein authorized, are hereby re-enacted as a charter tor the 
paBy " benefit ot the Upper Division of the Yadkin Railroad 

Company, except as far as relates to the designation of 
persons as commissioners of subscription : and John I. 
Shaver, Xatlrl. Boyden, J. S. McCubbins. J. C. Foard. John 
M. Clement, Winfield Little, John E. Gough, Josiah Cowles, 
"W. H. Reeves, X. R. Gw>n, James Gwyn, T. B. Parks, 
James "W. Foote, George H. Brown, J. F. Finley, James C. 
Horton, and P. Ilorton are hereby designated and appointed 
commissioners of subscription for said company with similar 



lS71-'72.— Chapter 78—79. 12» 

and eqnal powers and duties as regards said company as 

thoee conferred upon the commissioners oi subscription of 

the Yadkin Railroad Company. 

Sm 8. That after the organization of the company herein Consolidation 

authorized the same may at any time be consolidated with 

the Yadkin Railroad Company upon such terms as may be 

.agreed upon between the two companies, and thereafter the 

consolidated corporation shall be known as the " Yadkin, 

Railroad Company." with the privileges granted in either 

or both of the charters of said companies. 

Sec. 4. This act shall take effect from and after the date When act to t*fre 

effect 
of its ratification. 

Ratified the 30th day of January, A. J). 1872. 



CHAPTER LXXIX. 

AN ACT TO CHANGE SAMPSON COUNTY FEOM THE FOURTH To THE 
FIFTH JUDICIAL DISTRICT. 

Section 1. The General Assembly of North Carolina do change of Dir- 
enaci, That the county of Sampson be changed form the nc ' 
fourth judicial district and placed in the fifth judicial district, 
And that the terra of said court be held on the fourteenth 
Monday after the fourth Monday of February and August, 

Sec. 2. That all process, executions and snbpoenae made Process, fte,feM 
returnable to the terms of the courts as now fixed by law, returnaWe - 
be made by this act returnable to the said court at the time 
fixed by this act. 

Sec. 3. That the judge holding the spring term of said Must receive 
court shall receive a certificate for one hundred dollars, to 
be paid by the treasurer of the state out of any moneys not 
otherwise appropriated, and for the fall term of said court 
he shall receive a certificate of like sum to be paid by the 
treasurer of said county. 
9 



130 



1871-'72.— Chapter 79—80. 



Defendants to £ >:c# 4 That all defendants bound by recognizance to said 

appear. • 

court, shall be bound to appear at term ot said court as now 



ti.xed by this act. 
Sec. 5. That t 
,tion. 
Batiied the 30th day of January, A. D. 1872. 



When act to take gg C . 5; That this act be in lor?e irom and alter its ratifi- 
cffcct. 

cation. 



CHAPTER LXXX. 



AN ACT IN RELATION TO VACANT LANDS IN MACON AND OTHER 

COUNTIES.. 



Agency abol- 
ished. 



Agent required to 
deliver to Regis- 
ter ot Deeds all 
papers, &c. 



Register of Deeds 
to Be agents for 
their respective 
counties. 



Bond and security 
Entry takers held 
accountable. 



Section 1. The General Assembly of North Carolina do 
enact, That the office of "Agent of the state for the col- 
lection of Cherokee land bonds/' be and the same is hereby 
abolished. 

Sec 2. That said agent, or his legal representatives, be 
and he is hereby directed to deliver to the register of deeds, 
in the several counties of Clay, Cherokee, Macon, Jackson, 
Swain and ILoywood respectively, such books, records and 
papers as relate to the bonds aforesaid, in said counties 
respectively. 

Sec. 3. That the said registers of deeds for the counties 
aforesaid shall be ex officio agents of the state for the col- 
lection of Cherokee land bonds, and shall perform all the 
duties and be liable to all the penalties that are now pre- 
scribed by law for the agent of the state for the collection 
of Cherokee land bonds ; that they shall be required to give 
bonds in such amounts not to exceed five hundred dollars, 
and such security as may be prescribed by the commissioners 
of their several counties. 

Sec. 4. That the entry takers in the counties aforesaid 
shall account to and with the register of deeds in the 6ame 
way and manner as they heretofore accounted with the 
state's agent aforesaid. 



1871-'72.— Chaptek 80—81. 131 

Sec. 5. That the registers of deeds aforesaid shall every lister of Deed* 

, ° •'to aceount with 

six months account to and turn over any moneys or bonds County Treasu. 

that may have been received by them, by virtue of their 

office as agents aforesaid, to the treasurer of their respective 

counties, who ehall expend the same under the orders ot 

the commissioners of the several counties in the same 

manner as is now prescribed by law. 

Sec. 6. That for the services required by this act the Compensation ai- 
registers of deeds shall have such compensation as may be te^of DeeS*" 
fixed by the boards ot commissioners of their respective 
counties, not to be less than the amount heretofore paid to 
the state agent. 

Sec 7. This act shall be in force from its ratification. "*J. he ? act to iak °- 

Ratified the 31st day of January, A. D. 1872. 



CHAPTER LXXXI. 

AX ACT FOR THE BELIEF OF BRYAN KELLUM. 

Whereas, Bryan Kelium, of the county of Onslow, and Preamble, 
state of North Carolina, on the first ot January, anne 
domini one thousand eight hundred and sixty-one, made an 
entry of a certain tract of land in said county, and by a grant, 
number one thousand nine hundred and twenty-one, issued 
the twenty-eighth day of December, anno domini one thou- 
sand eight hundred and sixty-one, by Rnfns II. Page, secre- 
tary of state, by command of his excellency Henry T. Clark, 
governor of the state of North Carolina, and duly recorded 
in the office of the secretary of state, the title of said land,, 
to-wit: three hundred acres, upon the payment of the 
purchase money therefor was conveyed to the said Bryan 
Kelium in fee simple ; and whereas, by a survey under the 
authority of his excellency Johnathan Worth, governor of. 
the state of North Carolina, it appears that said lands, or 
the greater part thereof, are included in a tract of land known 



182 



1871~'72.— Ohaw** SI— 82. 




Confirmation of 
title to land. 



When act to take 
effect. 



ae the White Oak Swamp, the property of the board of 
education, and therefore, not subject to entry a* aforesaid ; 
mid whereas, the *aid Kellum lias not only paid the full 
marketable <value of said lands, at the date ot said grant, 
but also by canals aud extensive ditching and other expen- 
sive labor in draining- and clearing the same, has conferred 
much additional value upon the adjoining lands belonging 
to the board of education ; therefore, 

Section 1. Tht General Assembly of North Carolina do 
enact, That the board of education are hereby authorized 
by suitable and sufficient conveyance, to confirm and perfect 
the title of the said Bryan Kellum in fee simple to so much 
of said land as is covered by and described in grant number 
one thousand nine hundred and twenty-one, above referred 
to, and recorded in the office of the secretary of state of 
North Carolina. 

Sec. 2. That this act shall be in torce from its ratification. 

Ratified the 31st day of January, A. I). 1872. 



CHAPTER LXXXII. 

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF BRUN-- 
WIGK COUNTY TO JS5UE BONDS. 



Coupon bonds 
isfiuei* 



Funding debts. 



Section 1. The General Assembly of MoriJi Carolina do 
mael. That the board of commissioners of Brunswick 
county be and the same are hereby authorized to issue 
coupon bonds in an amount not exceeding ten thousand 
dollars ($10,000,) in denominations of not less than five dol- 
lars ($5,) nor more than five hundred dollars ($500,) which 
said bonds shall not bear interest at a greater rate than six 
<6) per cent, per annum. 

Sec. 2. That it shall not be lawful for said board of com- 
missioners to issue said bonds to contract any new debts 
against the county, nor tor any other purpose than the 



1871- r 72.— CffAFTira 82. 1*$ 

funding ot such debts and liabilities of the said county as ,; ; . 

may be outstanding at the time of the ratification of this act. 

Sec. S. That the eaid bonds so issued shall be payable as JfjJJ** ot P ft *- 
follows : The first one-fifth of the principal of said bonds at 
the expiration of one year from the date at which they are 
issued, and each succeeding like amount shall be payable in 
like manner at intervals of one year from the time of the 
payment of the issue immediately preceding it. 

Sec. 4. The coupons calling for the interest upon said Merest on bead* 
bonds each year shall be received by the sheriff in payment 
of county taxes. 

Sec. 5. That said commissioners of Brunswick county bo^ 11011 ° f 
are hereby authorized to levy each year until said bonds 
and coupons are paid twenty-five (25) cents on the one 
hundred dollars valuation of the real and personal property 
of said county for the special purpose of redeeming said 
bonds, to be used for no other puq^ose. 

Sec. 6. That the said bonds and the coupons thereof shall g^jj^^ uute 
be signed bv the chairman of the board of commissioners Clerk of the 

° •' . Board. 

and countersigned by the clerk ot 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 bonds 

issued, their amounts, and to whom issued, the amount of 

bonds and conpons received and cancelled, so that upon an 

inspection of his book the true state of the county debt 

may be seen, for which services he may receive a reasonable Compensation. 

compensation to be fixed by the board. 

Sec 7. That this act shall be in force from and after its Wbcn act to be itt 

force, 
ratification. 

Ratified the 31st day of January, A. D. 1872. 



134 



lS71-'72.— Chaptbjj 83—84. 



CHAPTER LXXXIII. 

AW ACT TO REPEAL SECTION ELEVEN OF CHAPTER ONE HUN- 
DRED AND EIGHTY-FIVE, ACT6 OF ONE THOUSAND EIGHT HUN- 
DEED AND SrXTT-EIGIlT, AND ONE THOUSAND EIGHT HUNDRED 
AND SIXTY-NINE. 



Repeal. 



Place for holding 
meetings <rf *ra#- 

tefco. 

ProTlB©.; 



When act to take 
«ff«et. 



Section 1. The General. Assembly of North Carolina do 
enact, That section eleven, chapter one hundred and eighty- 
five, acts of one thousand eight hundred and 6ixty-eight and 
one thousand eight hundred and sixty-nine, ratified twelfth 
clay of April, anno domirn one thousand eight hunded and 
fcixty-nine, be and the same is hereby repealed. 

Sec. 2. That it may be lawful for the township board of 
trustees to rent at a moderate rate, some room near the 
centre of their township to hold its sessions in : Provided, 
That nothing contained in this act shall be construed to 
interfere with property that has been purchased by township 
trustees before the passage of this act. 

Sec. 3. This act shall be in torce from its ratification. 

Ratified the 31st day of January, A. D. 1872. 



CHAPTER LXXXIV. 

AN ACT TO REVIVE AN ACT PASSED AT THE SESSION OF ONE 
THOUSAND EIGHT HUNDRED AND SIXTY AND ONE THOUSAND 
EIGHT HUNDRED AND SIXTY-ONE, TO ESTABLISH THE LINE 
BETWEEN THE COUNTIES OF WAYNE AND GEEEKE. 



CooiujiesfcmarB. Section 1. I7ie General Assembly of North Carolina d* 
mad, That Macon E. Dail, William A. Darden, Jr., E. <&. 
Copeland and Nathan Edgerton, be and they are hereby 
appointed commissioners to run and establish the dividing 
line between the counties ot Wayne and Greene, beginning 



1871-72.— Chapter S4-^S5. 135 

at the corner in the north prong of Bear creek (or at a Description of 

r ° x boundary line. 

point as near said corner as may be established) and run 
a north course to Great Contentnea creek, according to an 
act of the general assembly passed at the session of one 
thousand seven hundred and seventy-nine, entitled an act 
for dividing the county of Dobbs ; and that the line thus 
established by said commssioners, shall be held and con- 
sidered as the dividing line between the said counties of 
Wayne and Greene. 

Sec. 2. That should said commissioners be unable to agree Umpire chosen, 
upon said line, they shall have the power to choose a fifth 
person who shall act as an umpire, and the decision of a 
majority shall be final: Provided, A report of said decision Proviso, 
be returned to the commissionors for each of said counties 
and confirmed by the same. 

Sec. 3. This act shall be in force from and after its ratifi- When act to be s» 

force. 
Gfttion. 

Ratified the 31st day of January, A. D. 1372. 



CHAPTER LXXXT. 

A* ACT CONCER4SING THE POOEHOU3E OF THE COUNTY OF 

SURKT. 

Section 1. The General Asser/cbly of JVorth Carolina do Cummissionersto 

enact, That the board of commissioners of the county of nonse. 

Surry shall be authorized and empowered to sell the old 

poorhouse and the lands on which the same is situated, near 

Rockford, and to select and purchase a site for a new poor, 

house in the vicinity of Dobson : Provided, That before Proviso. 

selecting a eite and locating the new poorhouse, the said 

commissioners shall give the same notice and proceed as h 

now provided by law. 

Seo. 2. This act shall be in force from and after its ratifi- W^enacttobeii 

force. 

nation. 

Ratified the alst day of January, A. D. 1&73. 



13* 



1871-'T2.— Chains 86—87, 



CHAPTER LXXXYI. 

AN ACT TO ENABLE THE COMMISSIONERS OF BUBXB AND MC- 
DOWELL COUNTIES TO CONSOLIDATE TTIE DEBTS OF THEIKT 
.RESPECTIVE COUNTIES. 



3$<nu13 Usuod. 



Glassili cation of 
deM?. 



Wiiea act to take 

effect. 



Section 1. The General Assembly of North Carolina do- 
enact, That the commissioners of Burke and McDowell 
be and are hereby authorized and empowered to issue bonds 
of denominations not less than one hundred dollars, signed 
by the chairman of the board, payable in thirty years and 
bearing interest at the rate ot six per cent, per annum, for 
the plumose of absorbing the outstanding indebtedness of 
their respective counties, whether such indebtedness be now 
evidenced Iry bonds or otherwise. 

Sec. 2. That the commissioners ot said county shall have 
power to classify the debts of their respective counties, 
and to give to such creditors as may be willing to accept the 
terms offered by them, such per cent, on their claims, in the 
bonds to be issued as aforesaid, as in their judgment may 
seem just and reasonable, in view of the price at which any 
particular class of claims have sold in the market of the 
county. 

Sec. 3. That this act shall go into effect from and after its- 
ratification . 

Ratified the 31st day of January, A. D. 1872. 



CHAPTER LXXXYII. 



AN ACT DECLARING YADKIN KTVEK A LAWFUL FENCE. 



Section 1. The General Assembly of North Carolina do- 
enact, That the Yadkin river from the Wilkes line through 



13U-'72.~- Chaptbb 87— 88. 1ST 

the counties of Yadkin, Snrry and Forsyth, to the Forsyth 
and Davie lines, be and it is herely declared a lawful fence. 

Be it further enacted, That this act shall be in force 
from and after the first day of April next. Jg act to teke 

Ratified the 31st day of January, A, D. 18T2. 



CHAPTER LXXXVIII. 

AN ACT TO AUTHORIZE THE WESTERN RAILROAD COMPANY TO 
OPEN TO NAVIGATION THE WATERS OF LOWER LITTLE REFER 
AND ITS TRIBUTARIES. 

Section 1. The General Assembly of North Carolina do Narration of the 
enact, That the president and directors of the Western Rail- River, 
road Company are hereby invested with full power and 
authority to open and keep open to navigation the waters 
of lower Little river and its tributaries from Little river 
station on said railroad to the source of said stream and its 
tributaries. 

Sec. 2. That the said president and directors, the consent Appropriation of 
of the stockholders having been first obtained, are hereby 
authorized to appropriate of its funds, not exceeding fifty 
thousand dollars, for the purpose mentioned in the first 
section of this act; and they may open books of subscription BookBofsub- * 
for preference or common stock, make a specific or gen- 
eral morto-acre, and issue bonds thereunder, or make any Manner of raising 
other evidences ot debt to such an amount as may be found 
sufficient for the purpose of this act, and make provision for 
the payment of the same. The amount expended may be 
kept in either special or general account, and the earnings 
appropriated either specially or general!}' amongst the 
special or general stockholders, as may be prescribed by 
said president and directors. 

Sec 3. That said company is hereby authorized to con- Constuctiou of 
f J ill • Steam VesFels. 

struct and operate all such steam vessels and other crafts as 
may be necessary to carry the freight and passengers on 



138 



1871-72.— Chaktrk S8— 80. 



Rates charged. 



Power glTen to 
company to coa- 
stuct all necesear j 
works. 

Extension of 
privileges. 



tjondemuation of 
material! for Its 
use. 



Repealing clause. 



When act to take 
effect. 



said stream and its tributaries, fixing the rates ior the same, 
or they may let the same to others charging tolls or rents 
thereon, but the income shall at no time exceed (12) twelve 
per cent, upon the capital invested after deducting the 
annual cost, repairs and operation. 

Sec. 4. That said company is hereby specially invested 
with power to construct such dams, locks, canals, sluices and 
other works as may be necessary and expedient to carry out 
the purpose of this act, and that the rights, franchise and 
privileges of said company shall extend from the bridge ot 
said railroad over lower Little river up said stream and all 
the creeks running thence to their source. 

Sec. 5. The president and directors of said company shali 
have power to agree with the owners of any land, timber, 
rock, sluices or other material, and for operating the same, 
for the purchase thereof, and in case of disagreement, or for 
other causes, the same cannot be had, then and in that case 
they may proceed to condemn the same as provided in the 
charter of said company to condemn for railroad purposes, 
and shall acquire title to the same in like manner. 

Sec. 6. That all laws and clauses of laws in conflict witJi 
this act are hereby repealed. 

Sec. 7. That this act shall be in force from and after its 
ratification. 

Ratified the 1st day of February, A. D. 1872. 



CHAPTER LXXXIX. 

AN ACT IN RELATION TO STOKES, KOCKINGHAM AND CHOWAN 
COUNTY COMMISSIONERS. 



<lomp«n*ation Section 1. The General Assembly of North Carolina do 

roadi. enact) That it shall be lawful for the commissioners #f 

Stokes, Rockingham and Chowan counties, in their discre- 
tion, to allow overseers of roads a compensation not exceed- 



1871-'T2.— Chapter 89—90. 139 

ing two dollars per day for eaeh day that they are employed 
gammoning hands and working the roads. 

Sec. 2. This act shall be in foree from and after its ratifi- When act to be in 
cation. 

Eatified 1st day of February, A. D. 1872. 



CHAPTER XC, 

AM ACT TO INCORPORATE THE BREVARD AND WAYNESVILLE 
TURNPIKE COMPANY. 

Section L The General Assembly of Worth Carolina do Corporate name. 
enact, That B. C. Lankford, T. L. Gash, and George Orr, 
of Transylvania county, and "Walter W. Lenoir, Joseph 
Oathey and J. C. L. Gudger, of Haywood county, their 
.associates, successors and assigns, are hereby consti- 
tuted a body politic and corporate under the name and 
title of the Brevard and Waynesville Turnpike Company, 
with power to make by-laws for its government, provide for 
election ot directors and all other officers, and with all other 
privileges and incidents belonging to corporations under chap- Corporate rights 
ter ninety six of the revised code, or any other general law 
of the state which has been or may at any time be passed. 

Sec. 2. Said corporation shall have power to make and Location of Road, 
keep in repair, a turnkipe road, running by the most direct, 
practicable and convenient route from Brevard, in the 
county of Transylvania, to the Hock House, on the head 
waters of the East Fork ot Pigeon River, in the county of 
Haywood. The dimensions and mode of construction ot 
• said road may be determined by the directors of the company. 
In no place shall the road be steeper than one foot in twelve, Gauge of road, 
and shall be sixteen teet wide on level land, and twelve feet 
wide on side digging. 

Sec 3. Whenever land or right ot way shall be needed 
by said company, for the purpose of constructing its road to 



140 



18T1-'T&— Chaptsr 9(k 



ValnationeCland. 



Oath recorded iu 
resist* r'it book. 



Parties may 
appeal. 



Public dotiee 
given for the 
meeting of com- 
missioners. 



Right of condem- 
nation. 



Provisi i. 
Further Proviso. 



Certiiicates of 

stock. 



Kates olToll. 



supply stone, sjravel op other material, if the parties eannot 
agree, the same may be taken at a ralution to be made by a 
commission of five freeholders, 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 shall 
be recorded in the registers book, and payment of the valua- 
tion or tender thereof; or in case the owner does not reside 
in the county, on deposit of the same in the office of the 
clerk of the superior court ; the said land or right of way .so 
valued, shall vest in the company so long as it shall be used 
for the purposes thereof. Either party may appeal from 
the desicion of the commissioners, but no proceedings under 
this section shall hinder or delay the company, or delay the 
work. 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 advertisement on the land, and in a newspaper in 
the county, or if there be none, then at the door of the 
court house and two other public places in the county, shall 
be sufficient. The right of condemnation shall not, except 
for materials for construction, include more than thirty feet 
on each side of the centre of the road, and for toll houses 
not exceeding one acre : Provided) That this right of con- 
demnation shall not include any yard, garden or burial 
ground : Provided further, That the company may use 
such portions of any public road on said route from Brevard 
to the Rock House on the head waters of the East Eork of 
Pigeon, in the county of Haywood, as may be, in their 
opinion, convenient and necessary. 

Skc. 4. Said company shall have power to issue certificates- 
of stocks to an amount not to exceed twenty thousand dol- 
lars, in shares of twenty dollars each. 

Sec. 5. That the tolls on said road shall not exceed the 
following : Six horse wagon, eighty cents ; five horse wagon, 
seventy cents; four horse wagon, sixty cents ; three horse 
wagon, fifty cents ; two horse wagon, forty cents ; one hoise 
wagon, twenty-five cents ; two horse carriage, eighty cents ' y 
two horse buggy, fifty cents ; one horse buggy, sukly or 



-other vehicle, thirty ceats ; man and horse, ten cents ; loo&e 
liorees, fire cents ; cattle and hogs, three cents each. 

Seo. 6. Tliia act shall be in force from its ratification. ^, e t u / d to t;,ke 

Ratified the let day of February, A, D. 1872. 



CHAPTEB XCI. 

AN ACT TO AMEND SECTON EI^HT OF CHAWEE FOBTt-FOUB 
Of THE REVISED CODE ENTITLED " EVIDENCE." 

Section 1. The General Asxemhly of North Carolina do Amendment. 

enact, That section 8 of chapter U ol the revised code be 

amended so as to read as follows, viz : Copies of all official 

bonds or writings recorded or tiled as records in any court, omeiai writings 

Vi recorded, in Court 

-or lodged in the office ot the governor, treasurer, auditor, taken as evidence. 

secretary of state or adjutant general, shall be as competent 

evidence as the originals, when certified by the keeper of 

*uch records or writings under the seal of his office, when 

there is soich seal, or under his hand when there is no such 

seal, unless the court shall order the production of the 

original. 

Sec, 2-. That this act shall take effect from and after its when act to take 

.effect. 
rati.fi carton. 

Ratified the 1st day of February, A. P. 1872. 



CHAPTER XCII. 

AN ACT TO PUNISH THE OBTAINING OF GOODS BY FALSE PRE- 

TKNCEK. 

Section 1. The General Awmbly of North Carol 'ma do Peuileu t, !al7 
inatfo That every person who, with intent to defraud or •&«»<»»■ 
cheat another shall, designedly, by color of any false token 



142 1S71-'T2.— Chapter SS— 93. 

or writing, or by any other false pretence, obtafn the signa- 
ture ot any person or persons to any written instruments 
the false making of which would be punishable as forgery 
or obtain from any person or persons any money, goods, 
wares, merchandise or other property or valuable thing 
whatsoever, shall, on conviction theieof, be punishable by fine 
not less than one hundred dollars nor more than one thou- 
sand dollars, or by imprisonment in the penitentiary of thfr 
state for a term not less than one year nor more than five 
years, or both, at the discretion of the court. 

When act to take Sec. 2. That this act shall be in force from and after it* 

effect. . 

ratification. 

Ratified the 1st day of February, A. D. 1872. 



CHAPTEK XCIII. 

AN ACT FOE EXCHANGING THE STOCKS OF THE STATE FOR BOND* 
WITH WHICH SUCH STOCKS WERE OBTAINED, AND FOR OTHER 

PURPOSES. 
Exchange of 

JdvSSd. ielJ Section 1. The General Assembly of Worth Carolina do 

enact, That the public treasurer and attorney general shall 
advertise for six months in such newspapers as they may 
select, and invite proposals for an exchange of the stocks 
held by the state in any railroad or other corporation, for 
the bonds by whioh the state acquired such stocks, or any 
other bonds of the state (not special tax) where the stock is 
not specially pledged for the redemption of bonds issued to 
such corporation ; such bids shall be opened on a day 

Proviso. appointed, and those terms be accepted which may be most 

advantageous for the state: Provided, That in no event 
shall any of the said stocks be exchanged for less than their 
par value, or for less than three bonds of same nominal 
value, issued in aid of Chatham Railroad, January first, one- 



1871-72.— Chaptek 93. . 143 

thousand eight hundred . and sixty-three : and, provided Farther Proviso. 
further, No stock in the North Carolina Rarolina, shall be 
exchanged, unless in the same offer it is proposed to take 
twenty shares of stock in the North Carolina Railroad, ten 
shares in the Atlantic and North Carolina Railroad, and 
twenty shares in the "Western North Carolina Railroad 
Company (Eastern Division), and to pay therefor two bonds 
of one thousand dollars each of the state, issued to the 
North Carolina Railroad under acts of one thousand eight 
hundred and forty-eight and one thousand eight hundred 
and forty-nine, chapter (82) eighty-two, or one thousand 
eight hundred and fifty-four and one thousand eight hundred 
and fifty-five, chapter thirty-two, one bond of one thousand 
dollars, issued to the Atlantic and North Carolina Railroad, 
under acts one thousand eight hundred and fifty-four and 
one thousand eight hundred and fifty-five, chapter two hun- 
dred and thirty-two, or acts of one thousand eight hundred 
and fifty-six, chapter seventy-four and seventy-six, and two 
bonds of one thousand dollars, issued to the Western North 
Carolina Railroad (Eastern Division), acts of one thousand 
eight hundred and sixty-six and one thousand eight hundred 
and sixty-seven, chapter one hundred and six, or in the afore- 
said proportion. 

Sec. 2, That any railroad or other corporation, which has t™^' of 
heretofore received bonds o^ the state in exchange for bonds 
of said corporation or person holding such state bonds, shall 
be entitled to a surrender of a bond of such corporation, 
upon the return to the treasury of any state bond of equal 
amount, issued under the acts of the general assembly or 
ordinances of the convention authorizing such exchange, 
and upon a return of all bonds issued under any particular 
act or ordinance, the corporation shall be entitled to a cancel- 
lation and surrender of any mortgage executed to the state 
for securing payment of such corporation bonds, or state 
bonds ; coupons on said bonds may be exchanged in like man 
ner and cut off and retained on either side to make equality. 

Sec. 3. To facilitate the exchange proposed in this aot, Relinquishment 
the state does hereby relinquish all claim for 6tock in the ° 



144 mi-'TS.—CaJUTRB 93. 

Western Railroad above one million one hundred thousand 
dollars, and surrender to the aaid company two hundred 
and twenty-live thousand dollar* coupons now in etate 
treasury, withheld on a former exchange of company Loud* 
for stock in said railroad : and also the state does hereby 
relinquish all claims to stock in said company above six 
hundred thousand dollars upon the return to the treasury 
of the live hundred thousand dollars of Wilmington, Char- 
lotte and Rutherford Company bonds and coupons here- 
Proviso. tofore issued to said Western Railroad Company: jPfo* 

elded, That any person acquiring a share of state stock in 
said corporation, shall be entitled to all rights and privilege? 
with the private stockholders in voting and in the election 
of the directors, whose number shall l>e determined by the 
stockholders of said company. The state also relinquishes 
all claim to stock in the Western North Carolina Railroad 
above four millions of dollars. 

JoinSSg°aireet»rR Skc - *• TIlflt as 800n fl6 t,ie proportion of shares of stock 
tor which the state appoints one director in any corporation, 
is exchanged, the right of the state to appoint such director 
shall cease and determine, and one director, to be selected 
by lot, shall be deducted from the number appointed on the 
part ot the state, and upon acceptance ot this act by any 
corporation and such guarantees given for its fulfillment as 
shall be deemed sufficient by the treasurer and attorney gen- 
eral, all further right to representation by the state, either 
by directors or proxy, shall cease and determine. 

Bonds cancelled. Skc. 5. That as soon as may be practicable, the public 
treasurer shall receive the bonds offered in exchange, and 
in the presence, of the auditor and attorney general. 

Duty of Treasurer shall cancel the same. It shall also be his duty to transfer 
the stocks and execute such conveyances of the other interest 
hereinbefore mentioned as shall be deemed necessary, such 
conveyance to be in a form approved by the attorney general. 

Auditor to make. Sec. 6. It shall be the duty of the auditor to make a 

action! * n8 minute of what shall be done by the treasurer in the 
premises, and to make therefrom such entries in the books 
of his office as inay secure a just accountability on the part 



1871-72.— Chatter 93—01. 145 

of the treasurer because of the transaction hereinbefore Special repast*. 
mentioned. 

Sec. 7. The public treasurer shall make special reports When act to take 
uj>on the subject ot this act to the general assembly at every 
session. 

Sec. S. That this act shall be in force from and after its 
ratification. 

Ratified the 1st day of February, A. J). 1872. 



CHAPTER XCTV. 

AN ACT IN REGARD TO DELINQUENT BTIERIEFS AND TAX COL- 
LECTORS', AND TO VALTDATE CERTAfN ACTS OF TDK STATE 
TREACHER. 

Section 1. The General Assembly of- JYotlh Carolina do a ,^ n ,*«. —*-. 

enact, That settlements hereafter made bv the treasurer of af , ter de£auI V 

when amount. is 

the state with sheriffs and tax collectors, after default, where P ai<3 > are • 
the whole amount ot taxes and other public dues have been 
paid into the treasury are declared valid, all costs to be paid 
by said sheriffs or collector. 

Sec 2. The treasurer of the state, with the advice and Tr 
approval of the attorney general, is authorized, when in JJSJSwbH 
their judgment it may be best to secure the interests of the 
state, and will not lose any lien held bv the state, to grant 
indulgences to defendant? in execution, and likewise to bid 
tor in behalf of the state and pun-base property ol said 
defendants, where deemed necessary to secure the payment 
of the public (1\\{>. 

o. 3. Any property purchased as aforesaid shall be sbl$ pnbii 
within two years at public auction, after thirty days adver- P ro P ert y- 
tisement, on such terms as maybe agreed on by the treasurer, - 
with the approval of the attorney general, and a report to 
the general assembly shall be ma.de by the treasurer ot all 
such purchases and sales. 
10 



146 



18 71-' 72.— Chapter 94—95. 



When actio be iu g EC> 4 ^his act s } m n b e in force from and after its ratifi- 
cation. 

Ratified the 1st day of February, A. D. 1S72. 



CHAPTER XCY. 

AN ACT TO AMEND CHAPTER TWO HUNDRED AND THIRTY-THREE 
(233) LAWS OP ONE THOUSAND EIGHT HUNDRED AND SEVENTY 
AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY ONE, 
ENTITLED "AN ACT REGULATING THE APPOINTMENT OF GUAR- 
DIANS AD LITEM." 



AsntiulmcmL 



Smuhobs. 



Section 1. The General Asscmhly of North Carolina do 
enact. That section one ot chapter two hundred and thirty- 
three ot the laws of one thousand eight hundred and seventy 
and one thousand eight hundred and seventy-one, be 
amended by inserting after the word "infante," whenever it 
occurs, the words, " idiots, lunatics, aDd persons non compt>& 
mentis." 

Sec. 2. That sections two and three ot said chapter two hun- 
dred and thirty-three be amended so as to read as follows: 
" Sec. 2. That in all actions and special proceedings in any 
of the courts of this state, whenever any or all of the defen- 
dants are infants, idiots, lunatics, or persons non comjios 
mentis, said infants, idiots, lunatics, or persons non coimjpos 
mentis shall detend by their general or testamentary guar-* 
dian, if they have any within this state, whether said infants, 
idiots, lunatics, or persons non comjpos mentis are residents 
or non-residents of this state ; and if said infants, idiote, 
lunatics, or persons non compos mentis, hare no general or 
testamentary guardian within this state, and any of the 
defendants in said action or special proceeding shall have 
been summoned, and a copy of the complaint has been 
served on them, or any of them, or failed according to law, 
then it shall be lawful for the court, wherein 6aid action or 



1871-72.— Chaptee 95. 14r 

speoial proceeding is pending, npon motion of any of the 
parties to the said action or special proceeding, to appoint 
some discreet person to act as guardian ad litem, to defend Co ?? m ** JV 
m behalf of such infant, or infants, idiots, lunatics, or persons "SEPt 
-non combos mentis, and such guardian so appointed shall, defCndant - 
it the cause in which he is appointed be a civil action, file Guardian -ad 
his answer to the complaint within the time required for S" t0 filean " 
other defendants, unless such time be extended by the court 
for good cause, and if the cause in which he is so appointed 
be a special proceeding, a copy of the complaint, with the 
summons, shall be served on said guardian ad litem, and 
after twenty days' notice of said summons and complaint in 
such special proceeding, and after answer filed as above pre- 
scribed m such civil action, the court may proceed in the 
cause to final judgment and decree therein in the same Final indent., 
manner as if there had been personal service npon the said 
infant, idiot, lunatic, or person non compos mentis, defen- 
dants, and any decree or judgment in the case shall conclude 
the infant, idiot, lunatic, or person non compos mentis, defen- 
dants as effectually, as if he or they had been personally 
summoned. 

Sec. 3. That section three of said chapter be stricken out Repealing- claiJ3e , 
and repealed. 

Sec. 4. That eections four, five and six be re-numbered Re-numbered, 
respectively sections three, four and five. 

Sec 5. That this act shall not operate in any way to effect Certain appoint- 
the validity or regularity of the appointment of any guar- aS DOt Tali * 
diaggd litem heretofore made according to the provisions 
of said chapter two hundred and twenty-three, herein 
amended. 

Sec 6. That this act shall be in force and take effect from When act to be i, 
and after the first day of February, one thousand eight f ° rce ' 
hundred and seventy-two. 

Ratified the 1st day of February, A. I). 1S72. 



148 1871-72. — Chapter 9G. 



CHAPTER XCVI. 

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OP UNION 
COUNTY TO LEVY A SPECIAL TAX. 

Preamble. Wiiekeas, The county of Union heretofore, in tlie year 

oue thousand eight hundred and fifty-seven, took twelve 
hundred shares of stock in the Wilmington, Charlotte and 
Rutherford Railroad Company, and in payment therefor 
issued her coupon bonds to the amount of sixty-thousand 
dollars, running twenty years and hearing seven per cent, 
interest, payable semi-annually ; and whereas, a sufficient 
fund to meet the accruing interest on said bonds and at the 
same time pay the current expenses of the county cannot be 
raised in said county at the rates oi taxation now provided 
by law: JTow, therefore, for the purpose of paying said 
interest, and to provide the sinking fund for the ultimate 
extinguishment of the principal of the debt at maturity: 

Special ttii levied Section 1. Th& General Assefabtyrof 'North. Crrolvna do 
enacts That the county commissioners of Union county be 
and they are hereby authorized and empowered to levy 
annually until said debt be paid, a special lax on all the 
subjects of taxation in said county and on the taxable polls, 
not to exceed one-half of one per cent, upon the property 
and upon the poll, a sum not to exceed the constitutional 
equations, the tax upon the property being taken as the 
basis. 

Liquidation of Skc 2. Thar the sum hereby authorized to be levied .-ball 

be employed exclusively for the liquidation of the debt and 
interest aforesaid, and the said commissioners arc hereby 
authorized and empowered to buy in or compound for any 
of said bonds, at any sum not exceeding their par value, and 
the sum or sums so expended, verified on oath, shall be 
credited against the fund hereby authorized to be raised. 

When act to take Sec. ?>. That this act shall be in force from and after 



annually. 



debt. 



its ratification. 

Ratified the 1st. uav of February, A. D. 1S72. 



1871-72.— Chapter 97— 98. H9* 



CHAPTER XCYII. 

AN ACT TO LEGALIZE THE ACTS OF THE JUSTICE.? OF ROWAN 
AND othp:« COUNTIES. 

"Whereas, The justices of the peace ot Rowan and other Preamble. 
counties elected in August, one thousand eight hundred 
and sixty-nine, and those appointed to fill vacancies since 
occurring, failed to qualify in accordance with the provisions 
of the code of civil procedure, but were qualified before the 
board ot commissioners for said county, in consequence of 
which doubts have arisen respecting the legality of their 
acts as justices of the peace : 

Section 1. The General Assembly of North Carolina do JgJJ^p*^ 

enact, That the acts of said justices ot the peace are hereby 

declared legal and authoritative in all respects so far as they 

would have been had said justices been qualified according 

to the provisions of the code of civil procedure. 

Sec. 2. That this aet take effect from the date of its ratifi- When act to take 

effect. 

eation. 

Ratified the 1st day of February, A. D. 1S72. 



CHAPTER XCVIII. 

AN ACT MAKING AN APPROPRIATION FOR THE DEAF, DUMB AND 
BLEST) ASYLUM. 

Section 1. The General Assembly of North Carolina do Expenses of the 

,. , -, i n • i i I>eaf DumlTancI 

enact, That the sum of forty-five thousand dollars is hereby Blind Asylum. 

appropriated for the purpose of defraying the expenses of 

the deaf, dumb and blind asylum during the current fiscal 

year commencing the first day of January, one thousand 

eight hundred and seventy-two, and ending the first day of 

January, one thousand eight hundred and seventy-three. 



150 



1871-'72.— Chapter 98—99. 



lJ3£5te1*- Sec. 2. That the public treasurer is hereby authorized 

«eire the money. an( j directed to paj the said amount of forty-five thousand 
dollars to the treasurer of said asylum out of any moneys in 
the treasury not otherwise appropriated : Provided, That the 
amount above stated be drawn quarterly in advanee in equal 
instalments : And ijrovided further, That five thousand 
dollars of this appropriation, or so much thereof as may be 
necessary shall be expended in making needful repairs. 

Sec. 3. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 1st day of February, A. D. 1872. 



Proviso. 



Further proviso. 



When act to be in 
fore©. 



CHAPTER XCIX, 



AN ACT SUPPLEMENTAL TO " AN ACT TO RAISE REVENUE. 



"5 



Revenue raised. 



Collection of 
taxes. 



Distribution of 

■copies. 



Members of Gen- 
eral Assembly to 
receive copies. 



"When act to take 
•effect. 



Section 1. The General Assembly of No?*th Carolina d<» 
enact, That the secretary of state is hereby directed to have 
printed three thousand copies of the act passed at the present 
session of the general assembly entitled "an act to raise 
revenue," also three thousand copies ot an act passed at the 
present session of the general assembly, entitled "an act to 
provide for the collection of taxes by the state and by the 
several counties of the state, on property, polls and income. 

Sec 2. The secretary of state shall, as soon as practicable, 
distribute the said copies among all officers whose duty it ii 
to carry into effect any portion ot the said acts. 

Sec 3. The secretary of state shall also have printed five 
copies each, of said acts, for eacli member of this general 
assembly. 

Sec 4. This act shall take effect from and after its ratifi- 
cation. 

Ratified the 1st day of February, A. D. 1S72. 



1871-72— Chapter 100—101. 1M 



CHAPTER C. 

AN ACT TO PREVENT THE CATCHING OJF OYSTERS, &C, IN FAR 
CREEK, COUNTY OF HYDE. 

Section 1. The General Assembly of North Carolina do ^ 5 ^° ,6t * 8 " 
enact, That if any person or persons shall catch or take 
oysters from the waters of Far Creek, in the Lake Landing 
Township, county ol Hyde, between the first day of May 
and the first day of October, he or they shall be guilty of a 
misdemeanor and upon conriction thereof shall be fined not 
more than fifty dollars, or imprisoned not more than sixty 
days, at the discretion of the court. 

Sec. 2. This act shall be in force from and after its ratifi- ™£* €ita,,ei * 
cation. 

Ratified the 2d day of February, A. D. 1072. 



CHAPTER CI. 

AN ACT CONCERNING THE ANNEXATION OF A PORTION OF MACON 
COUNTY TO THE COUNTY OF CLAY. 

Section 1. The General Assembly of North Carolina do Bonntoy Bh«. 
enact, That all that portion of Macon county comprised 
within the following boundaries, (viz;) Beginning on the 
line of Cherokee and Macon counties, on the top of the 
mountain dividing the "waters of Fires creek and Choga 
creek and runs an easterly direction with a ridge dividing 
the waters of Clear creek and Choga creek to Nantahala 
river, thence up said river to the mouth of Puck's creek, 
thence with the ridge dividing the waters of Puck's creek 
and Nantahala river to the top of the Plue ridge, thence an 
easterly direction with the top of said ridge to the Georgia 
line, thence west with said Georgia line to the corner of 



152 



1871-72.— Chapter 10 1—102. 



Clay county, be ant) the same is hereby annexed to and 
shall form a part ot Clay comity. 

Eqwaflinjf clause. Sec. 2. That all laws and clauses of laws coming in con- 
flict with this act are hereby repealed. 

"Wtaanit to take Sec. 3. That this act shall be in force froui and alter its 

eflkxt, 

ratification. 
Ratified the 2d day of February, A. D. 1872. 



Cli APT Eli CI I. 

AN ACT TO AMEND SECTION SEVEN OF CIJAl'TE-R TWO HUNDRED 
AND THIRTY-SEYEN OF THE LAWS OF ONE THOUSAND EIGHT 
HUNDRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT HUN- 
DRED AND SIXTY-NINE, ENTITLED AN ACT TO ESTABLISH THE 
DAYS AND PLACES FOR SELLING REAL PR< PERTY UNDER EXE- 
CUTION AND FOR OTHER PURPOSE.--. 



AaartifiracnL 



Bales HTis2»n- 
-fwmer art valid. 



7 ■ " ,'. 

force. 



Section 1. Tlte General Assembly of North Carolina do 
enact, That section seven of chapter two hundred and thirty- 
seven, above recited, be amended by adding thereto the 
words " Provided, That this section shall not apply to the 
sales of lands by executors and administrators for the crea- 
tion of assets, nor to sales made for partition between tenants 
in common, unless so directed and ordered by the court." 

Sec. 2. That all such sales of administrators and execu- 
tors, or sales for partition, which since the ratification of the 
chapter herein amended, have been made b} r order of a 
competent court, at a place otherwise than the court house 
door, shall not be impeached, set aside or invalidate therefor 
in auy action or proceeding to that intent. 

Sec. 3. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 2d day of February, A. D. 1S72. 



1871- 72.— Chapter 103— 104. 15$ 

CHAP TEE CI II. 

AX ACT AMENDATORY OF AN ACT ENTITLED " AN ACT TO INCOR- 
PORATE THE HIwAsSfcE AND CHEOAH TURNPIKE COMPANY." 

Section 1. The General Assembly of North Carolina do R anchroad - 
enact, That the Hiwassee and Cheoah Turnpike Company, 
in Cherokee comity, is hereby authorized and empowered 
to. build a branch to the main trunk road, beginning at the 
most practicable point on Snowbird creek, and running by 
the most practicable route to the Jnnsluskce farm, on the 
M-aters of Cheoah river in said county. 

Sec. 2.' That the said Hiwassee and Cheoah Turnpike ^;^ s nd 
Company, in laying oil and constructing the aforesaid branch 
road, shall have all the powers, privileges and franchises, 
and be subject to all restrictions as provided in chapter one 
hundred and twenty-seven public la\£s of aSorth Carolina, 
ratified the sixteenth day of March, one thousand eight 
hundred and seventy-one. 

Sec. 3. This act shall be in force from and alter its ratifi- JgjJ» a:t t0 ta * e 
cation. • 

Ratified the 2d day of February, A. D. 1872. 



Location of road. 



CHAPTER CIV. 

AX ACT TO AUTHORIZE THE COMMISSIONERS OF WATAUGA 
COUNTY TO LEW A SPECIAL TAX. 

Section 1. The General Assembly of North Carolina do Special Tax-. 
enact, That the commissioners of Watauga county are hereby 
empowered to levy a special tax, to be collected as other 
county taxes, for the purpose ot paying the indebtedness oi 
the countv, said tax not to exceed two thousand dollars : 



154 



1871-'73.~- Chapter 104— 105— 1«6. 



ProTieo. 



When act to>b« 
d p fOr«e. 



■Provided-, That in levying this tax a tax upon the poll shall 
be levied in conformitj with constitutional equation. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 2d day of February, A. D. 1872. 



CHAPTER OV. 

AX ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF CAMDEN 
COUNTY TO LEVY A SPECIAL TAX. 



•Spetial tax. 



■when act to tak« 
'©fleet. 



Section 1. The General Assembly of North Carolina de 
enact, That the county commissioners of Camden county are 
hereby authorized and empowered to levy and collect, for the 
year one thousand eight hundred and seventy-two, a special 
tax not to exceed fifteen hundred dollars, to be applied te 
the liquidation of the outstanding debt of said county. 

Sec. 2. That this act shall be in force from and after its 
ratification. % 

Ratified the 2d day of February, A. D. 1S72. 



CHAPTER CVI. 



" AN ACT TO LEGALIZE THE ACTS OF GEORGE D. RAYNOLDS, 



ENTRY TAKER, FOR CLAIMS OF LAND IN 
COUNTY. 



ALLEGHANY 



.Acts legalized. Section 1. The General Assembly of fflorth Carolina d& 

. enact, That all the acts of George D. Raynolds as entry 
taker for claims of lands in Alleghany county, had and done 
by him as entry taker since April, one thousand eight hun- 
dred and sixty-eight, be and the same are hereby legalized : 



l871-'7&— Chaptsb 106—107— 108. 155 

Provided, That nothing within contained shall be bo con* Pr0Tis0 - 
strued as to invalidate the acts ot F. M. Mitchell, register of 
deeds for said county, who by law was at the time regularly 
authorized to act as entry taker for said county. 

Sec. 2. This act shall be in force from and after its ratifi- ^g act t0 take 
cation. 

Ratified the 2d day of February, A. D. 1872. 



CHAPTER CVII, 

AN ACT F©E THE BELIEF OF THE TAX PAYEES OF MADISON 

COUNTY. 

Section 1. The General Assembly of North Carolina do Taxes. 

enact, That the sheriff of Madison county in collecting the 

county taxes for the year one thousand eight hundred and 

seventy-two, shall receive at its face value in payment of 

such county taxes from any one who received the same, any 

receipts for township taxes in said county unlawfully levied 

and collected in the year one thousand eight hundred and 

seventy. 

Sec. 2. This act 6hall be in force from and after its ratifi- When act to take 

effect.' 
cation. 

Ratified the 2d day of February, A. D. 1872. 



CHAPTER CYIII. 

AN ACT SUPPLEMENTARY TO AND AMENDATORY OF AN ACT 
ENTITLED AN ACT TO RAISE REVENUE, RATIFIED THE — DAY 
OF JANUARY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED 
AND SEVENTY-TWO, AND FOR OTHER PURPOSES. 

Section 1. The General Assembly of North Carolina do Amendment. 
enact, That an act entitled an act to raise revenue, ratified 
the — dav of Januarv, anno domini one thousand eight 



150 



1871-72.— Chapter 108—109. 



Limitation of tax. 



Proviso. 



Whi ii act t i bein 
force 



hundred and seventy-two, be ainended as follows: " In the 
statement of schedule B. preceding- section one of said 
schedule, strike out the words city, town or other municipal 
corporation.'* 

Sec. 2. That no city, town or other municipal corporation 
shall have power to impose, levy or collect any greater, tax 
on real and personal property than one and one-half per 
centum on the value thereof: Provided, That this acl shall 
not apply to cities or towns where a rate of taxation is fixed 
in their charters. 

Sec. 3. This act shall be in force irom its ratification. 

Ratified the 2d day of February, A. 1). 1872. 



CHAPTEE CIX 



AN ACT TO CHANGE TOE LINE BETWEEN THE COUNTIES OF 
ASHE AND ALLEGHANY. 



Annexation of 
certain portions 
of Ashe to Alle- 
ghany county. 



When act to take 
effect. 



Section 1. The General Assembly of North Carolina do 
enact, That all that portion of Ashe county comprised 
within the following boundaries, viz : Beginning in the gap 
of the Ridge between Joshua Long's and Henry Bare's, 
running with the top of said ridge to the Grandfather 
Mountain and the Blue Ridge, be and the same is hereby 
annexed to and shall form a part of Alleghany county. 

Sec 2.. That this act shall be in force from and after its 
ratification. 

Ratified the 2d dav oi Februarv. A. D. 1S72. 






1871-72.— Chapter 110. 157 



CHAPTER CX. 

JLN ACT TO REGULATE THE TIMES OF HOLDING THE TERMS OF 
THE SUPERIOR COURTS IN THE ELEVENTH AND TWELFTH 
JUDICIAL DISTRICTS. 

Section 1. The Gener at Assembly of North Carolina do pSJogSSS^ 
enact, That the eleventh judicial district shall be composed ^^ t f udicial 
of the counties of Watauga, McDowell, Henderson, Bun- 
combe, Madison, Yancey, Mitchell and Burke, and the 
twelfth judicial district shall be composed ot the counties 
of Graham, Cherokee, Clay, Macon, Swain, Jackson, Hay- 
wood and Transylvania, 

Sec 2. That the times of holding the terms of the superior ^gr^dmg 
court in the eleventh judicial district, shall be -as follows, Judicial District, 
to wit: Watauga county' on the second Monday of March 
and August of each year; McDowell county on the fourth 
Monday of March and August ; Henderson county on the 
second Monday niter the fourth Monday in March and 
August ; Buncombe county on the fourth Monday alter the 
fourth Monday in March and August ; Madison county on 
the sixth Monday after the fourth Monday in March and 
Auu'ust; Yancey county on the eighth Monday after the 
fourth Monday in March and August; Mitchell county on 
the tenth Monday after the fourth Monday in March and 
August; Burke county on the twelfth Monday after the 
fourth Monday in March and August. 

Sec. 3. That the times of holding the terms of the _ SSf*^""* 
superior court in the twelfth judicial district shall here- district. 
after be as follows, to-wit: Graham county, or, the first 
Monday in March and August of -each year; Cherokee 
county, on the third Monday <>i March and August; Clay 
county, on the second Monday alter the third Monday in 
March and August; Macon county, on the fourth Monday 
after the third Monday in March and August; Swain county, 
on the sixth Monday alter the third Monday in March and 
August; Jackson county, on the eighth Monday after the 



158 



1871-'72. -Chapter 110. 



Proviso. 



All legal proceed- 
ings made return- 
able to said 
Courts. 



* Penalty for neg- 
lect of duty. 

Sec. of the State 
to publish act. 



Repealing clause. 

When act to take 
effect. 



third Monday in Marcli and August ; Haywood county, on 
the tenth Monday after the third Monday in March and 
August ; Transylvania county, on the twelfth Monday after 
the third Monday in March and August : Provided, That 
no court shall be held in the county of Graham until the 
first Monday in August, one thousand eight hundred and 
seventy-two. 

Sec. 4. That all process, recognizances and other legal 
proceedings in civil and criminal actions, which have already 
been issued or may hereafter be issued and made returnable 
to spring terms, one thousand eight hundred and seventy- 
two, of either of the above courts, shall be deemed and held 
returnable to the terms of said court as now fixed by this 
act, and all persons who have been recognized or bound or 
summoned to appear at the spring term of either of said 
courts for the year one thousand eight hundred and seventy- 
two, are hereby required to appear at the term thereof as 
prescribed in this act, and any sheriff or other officer failing 
or neglecting to make due return of all process or other 
legal proceedings, as herein required, shall be liable to same 
pains, fines and penalties as are now prescribed by law tor 
such failure or neglect. 

Sec. 5. That the secretary of state shall have a certified 
copy of this act forthwith published in the " North Carolina 
Citizen," at Asheville, North Carolina, until the first da\ of 
May, anno domini one thousand eight hundred and seventy- 
two. 

Sec. 6. That all laws in conflict with this act are repealed, 
and that this act shall be in force from and after its ratifica- 
tion. 

Ratified the 2d day ot February, A. D. 1872. 



lS71-'72.— Chapter 111—112. U9 



CHAPTER CXI. 

AN ACT TO AMEND AN ACT TO CHARTER THE HIGH SHOALS RAIL- 
ROAD COMPANY PASSED AT THE SESSION OF ONE THOUSAND 
EIGHT HUNDRED AND SIXTY- SIX AND RATD7IED SEYENTII OF 
FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND SIXTY-SIX. 

Section 1. The General Assembly of North Carolina do Amendment. 
enact, That the first section of the above recited act be so 
amended as to read as follows : To extend said road in a Extension of 

Railroad, 
northwesterly direction to the town of Lynchburg, in the 

state of Virginia, by such route as may be deemed most 

eligible for the purpose, passing through the following 

counties, viz : Lincoln, Catawba, Iredell, Alexander, Davie, Route - 

Yadkin, Forsyth, Surry, Stokes, Rockingham and Wilkes, 

and, in a southerly direction, through Gaston county to the 

town oi Yorkville, in the state of South Carolina, with 

branches trom the direct line into any of the said counties, 

as may be considered advailablc. 

Sec. 2. That the capital stock of the said company may Inciease of stock 
be increased to the sum of three million five hundred thou- 
sand dollars, to be divided into shares of one hundred dollars 
each. 

Sec. 3. This act shall be in force and take effect from and Y hen actt0 1,ei " 

force. 

after the date of its ratification. 

Ratified the 8th day oi February, A. D. 1ST2. 



CHAPTER CXII. 

AN ACT TO ABOLISH TOE OFFICE OF SUPREME COURT REPORTER 
AND FOR OTHER PURPOSES. 



Section 1. The General Assembly of North Carolina do Repeal of former 
enact, That so much of section twenty-three, chapter thirty- 
three, of the revised code as requires the judges of the 



160 1871- 72.— Chapter 13 2—113. 

supreme court to appoint a reporter of the decisions ot said 

court he and the same is hereby repealed. 

KeportS ahoiiL Se ^ 2 - That the office of reporter ot the decisions of the 

ed - supreme court is hereby abolished, and it shall be the duty 

Attorney General ot the attorney general ot the state to report said decisions 

to fulfil duties of ,. , ,, , . . - . 

office. and to discharge ail other duties winch are now required by 

law to be performed by the supreme court reporter, fur 

which he shall receive all the fees, emoluments, «fcc, now 

allowed by law to said reporter for the duties now performed 

by him. 

men act to take g Ec . 3> That this act shall bo in force from and after its 

ratification. 

Ratified the 8th day of February, A. D. 1872, 



G HAP TEE CXIII. 

AX ACT liEPEALING CTIAPTEK cMi HUNDRED AMD lull; n CLIC 
LAWS OF ONE THOUSAND EIGHT EIUNDEED AND SIXTY-EIGHT 
AND ONE THOUSAND EIGHT UUNDRED AND SIXTY-NINE. 

Re P ea] Section 1. The General Asseiribly of North i do 

enact, That chapter one hundred and lour, acts ot one thou- 
sand eight hundred and sixty-eight and one thousand eight, 
hundred and sixty-nine, entitled "An act concerning public 
bridges and roads in the county ol Robeson,' 1 ratified on the 
first day ot April, &n?io domini one thousand eight hundred 
and sixty-nine, be and the same is hereby repealed. 

When act to take Sec. 2. This act shall be in force irom its ratification, 
effect 

Ratified the 8th dxx ot February, A. 1). 1S72. 



1S71-' 72.— Chapter 114—115. 1G1 



CHAPTER CXIY. 

AX ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF ALLE- 
GHANY COUNTY TO LEYY A SrECIAL TAX. 

Section 1. The General Assembly of North Carolina do Spediar/TaxievicA 
enact, That the county commissioners o± Alleghany county cooSty'debt. 
shall have power to levy such special taxes during the fiscal 
year of one thousand eight hundred and seventy-two and 
one thousand eight hundred and seventy-three, on all the 
property, real and personal, in said county, as will raise in 
the aggregate not more than four thousand dollars, to be 
applied to paying the county debt incurred in the erection 
of public buildings in said county : Provided, That the Pr0vlS0 - 
said commissioners in levying said taxes on property shall at 
the same time levy a tax on the .poll, which shall be equal 
to the tax on property valued at three hundred dollars, to 
be applied lor the purposes specified in this act. 

Sec. 2. That this act shall have no force or effect until VotcreXnotify.. 
approved by a majority of the votes cast at an election for 
the purpose, held under the direction of commissioners of 
Alleghany county, said election to be held under same rules 
and regulations as election for members of general assembly. 

Ratified the 8th day ot February, A. D. 1872. 



CHAPTER CXY. 

AN ACT TO AMEND THE CHARTER OF THE "ATLANTIC, TENNESSEE 
AND OHIO RAILROAD COMPANY IN NORTH CAROLINA," RATI- 
FIED THE THIRD DAY OF FEBRUARY, ONE THOUSAND EIGHT 
HUNDRED AND SIXTY-NINE. 

Section 1. lite General Assembly of JS r orth Carolina do Repeal. 
enact, That an act entitled " an act to amend the charter of 
the Atlantic, Tennessee and Ohio Railroad Company in 
11 



162 



lS71-'72.— Chapter 115—11(5. 



Treasurer to re- 
turn bonds. 



When act to take 
effeet. 



North Carolina," ratified the third day of February, one 
thousand eight hundred and sixty-nine, be and the same is 
hereby repealed. 

Sec. 2. That the treasurer shall return, upon the request 
of the Atlantic, Tennessee and Ohio Railroad Company, any 
and all the bonds of the said company held by the state 
under and by virtue of the act by this act repealed. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CX VI. 

AN ACT TO RE-EXACT AN ACT ENTITLED AN ACT TO INCOR- 
PORATE THE ORAPEAKE CANAL AND TURNPIKE COMPANY, 
RATIFIED THE EIGHTEENTH OF JANUARY, ONE THOUSAND 
EIGHT HUNDRED AND FORTY-SEVEN. 



Be-enactment. 



Directors. 



Sweat ditch. 



Dimensions. 



Section 1. The General Assembly of North Carolina do 
enact, That an act entitled " An act to incorporate the 
Orapeake Canal and Turnpike Company," ratified the 
eighteenth day of January, one thousand eight hundred 
and forty-seven, be and the same is hereby re-enacted. 

Sec. 2. That Timothy Lassiter, Robt. II. Ballard, Francis 
R. Baird and John L. Roper be appointed directors or 
managers under said act, and that they have all the rights, 
powers and duties as are vested in the original directors 
or managers. 

Sec. 3. That the said Orapeake Canal and Turnpike Com- 
pany are required to dig a sweat ditch for the distance of 
two miles on the south side of the Orapeake Canal, com- 
mencing at the point where the said Orapeake Canal inter- 
sects with the Dismal Swamp Canal, said ditch to be six feet 
in width and four feet in depth. 



1871-72.— Chapter 110—117—118. 168 

Sec. -1. This act shall be in force from and after its rariti- w t ' R ' n *** totakfl 

effect. 

cation. 

Ratified the 8th day of February. A. D. 1872. 



CHAPTER CX VII. 

AX ACT TO AMEND CHAPTER EIGHTYtFIVE OF THE REVISED CODE, 
ENTITLED " PILOTS." 

Section 1. The General Assembly of North Carolina do AEaeaOsaaA. 

enact, That the thirty-second section of the eighty-fifth 

chapter of the revised code, entitled ''Pilots," be amended 

by adding to said section the following proviso : Provided, Proviso. 

That the first pilot who shall speak such vessel so bound in 

shall be entitled to the pay provided for in this section and 

no other. 

Sec 2. That this act shall be in force from and alter its Whenaettobeiii 
.(, forces 

ratification. 

Eatified the 8th day of February, A. D. 1872. 



CHAPTER C XVI II. 

AN ACT TO PREVENT THE SALE OF SPIRITUOUS LIQUORS WITHIN 
TWO MILES OR LESS OF EITHER OCR NOCK FURNACE OR "BUCK 
IIORNE IRON MINES. 

Section 1. The General Assembly of North Carolina do g ateof yWhyw 

# •' J liquors forbid/teri- 

enact, That it shall not be lawful for any person to sell 
spirituous liquors within two miles or less of either Ock 
Nock Furnace or the Buck Home Iron Mines, both in the 
county of Harnett, and any person violating the ] (revisions 
of this act shall be guilty of a misdemeanor, and on con vie- MSadetweaiwE- 



164 1871-'72.— Ciiaptek US— 119— 120. 

tion, shall be fined arid imprisoned in the discretion of the 
court. 
When act to be in g EC< o. This act shall he in force from and after its ratifi- 

tor.- 5 

cation. 

Ratified the 8th day of February, A. D. IS 72. 



CHAPTER CXIX. 

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF SAMPSON 
COUNTY TO LEVY A SPECIAL TAX. 

Special Tax levied • Section 1. The General Assembly of North Carolina do 

for payment of „, . . „ 

County debt enact, lhe county commissioners of bampson are hereby 

authorized to levy a special tax of ten cents of each one 

hundred dollars worth of property made subject to taxation 

"by the constitution of this state, the said tax to be applied 

to the payment of the debt outstanding against the county 

for the rebuilding of bridges, and for other things, as well 

Proviso- as to meet the expenses of the current year: Provided, 

That the in levying said tax, constitutional equation between 

poll and property be observed. 

When act to take Sec. 2? This act shall be in force from and after its ratifi- 
effect. . 

cation. 

Ratified the Sth day of February, A. D. 1872. 



CHAPTER CXX. 

AN ACT to prevent deputy oe assistant CLERKS FROM rPvAC- 

TICING A8 ATTORNEYS AT LAW IN THE COUNTIES IN WHICH 
THEY' ACT AS DEPUTY OE ASSISTANT CLERKS. 

Clerks of Court Section 1. The General Assembly of JYorth Carolina do 

ticc b Jȣ! BtopnlC enact, That it shall not be lawful for any deputy or assistant 

clerk of the superior court clerk of any county to practice 



1 87 1-' 72.— Chapter 120-121. 165 

lav,' as an attorney in any of the judicial courts held for the 
county in which he performs the duties of a deputy or assis- 
tant clerk as aforesaid: Provided, This act shall not apply P 1-0 ^^- 
to the counties of Rowan and Stanly. 

Sec. 2. Any person offending against the provisions of Fenal1 5'- 
this act shall, upon conviction, be fined at the discretion of 
the court not less than two hundred dollars. 

Sec. 3. This act shall take effect from its ratification. When act to tafce 

Ratified the 8th day of February, A. D. 1S72. 



CHAPTER CXXI. 

AN ACT TO AMNED AN ACT ENTITLED " AN ACT TO PEOVIDE 

FOR LIMITED PARTNERSHIPS," RATIFIED THE DAY OF 

FEBRUARY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED 
AND SIXTY-ONE. 

Section 1. The General Assembly of Worth Carolina do Amendment. 
enact, That section eleven, chapter forty-five, laws of one 
thousand eight hundred and sixty-one, one thousand eight 
hundred and sixty-two, one thousand eight hundred and 
sixty three and one thousand eight hundred and sixty-four, 
being entitled "An act to provide for limited partnerships,'" 
ratified the day of February, anno domini one thou- 
sand. eight hundred and sixty-one, be amended so as to read 
as follows: Section eleven, that every renewal or con- 
tinuance of such partnership beyond the time originally Partnerships 

,. .,. .. , • • which extend 

fixed for its duration must be certified, acknowledged and oyer time epecv- 

registered, and an affidavit of a general partner made and istered and affi- 

filed, and notice given by publication as required for its tlaAltmade - 

original formation, and every such partnership which is 

otherwise continued must be deemed a general partnership: 

Provided, That the affidavit herein required may state that Proviso. 

the amount of cash therein specified had been originally 

paid in good faith, and that it is represented by goods or 



166 



1871-72.— Chapter 121—122. 



merchandise, then on hand, and has not been impaired in 
the course of trade. 
"When su.-i to be in Skc. 2. This act shall be in force from its ratification. 
Ratified the 8th day of February, A. 1). 1872. 



OIL A PTEIi CXXII 



AN ACT CONCERNING THE ROBESON COUNTY OUTLAWS 



Additional re- 
ward for the ar- 
rest of the Kobe- 
son Cojnat* Out- 
laws 



Wbcn 3itt l» tafc< 
effect. 



Section 1. The General Assembly of North Carolina do 
enact, That in addition to the rewards already offered for 
the arrest of certain outlaws and murderers in the county of 
Robeson, his excellency, Governor Tod R. Caldwell, is hereby 
authorized and empowered by public proclamation, to offer 
as additional reward to those authorized by act of the gene- 
ral assembly, ratified the thirteenth day of February, anno 
domini one thousand eight hundred and seventy-one, ten 
thousand dollars for the arrest and delivery, dead or alive, 
of the body of Henry Berry Lowry to the proper authorities 
of the state, and a reward of five thousand dollars each for 
the arrest and delivery, dead or alive, of the bodies of Boss 
Strong, Stephen Lowry, Thomas Lowry, George Applewhite 
and Andrew Strong, to proper authorities of the state. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1872. 



1871- 72.— Chapter 123—121. 107 



CHAPTER CXXIII. 

AN ACT TO REPEAL CHAPTER TWO HUNDRED AND TWENTY-SEVEN 
(227) OP THE LAWS OF ONE THOUSAND EIGHT HUNDRED AND 
SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY, 
ENTITLED AN ACT TO PROVIDE FOR TAKING THE DEPOSITIONS 
OF WITNESSES IN CIVIL ACTIONS AND SPECIAL PROCEEDINGS 
IN THE SEVERAL COURTS OF THE STATE. 

Section 1. The General Assembly of North Carolina do Repealing clause 
enact, That chapter two hundred and twenty-seven (227) of 
the laws ot one thousand eight hundred and sixty-nine and 
one thousand eight hundred and seventy, be repealed. 

Sec 2. That section sixty-three (63) of chapter thirty-one Re-enaction. 
(31), of the revised code, and all other provisions thereof 
relating to the taking of depositions be and the same are 
hereby re-enacted and declared to be in fall force : Provided, Proviso. 
That nothing in this act shall operate to affect the validity 
or regularity of depositions heretofore taken in accordance J 

with the aforementioned chapter two hundred and twenty- 
seven herein repealed, nor to change in any particular the 
present mode of taking the depositions of non-resident wit- 
nesses in actions or proceedings before justices of the peace. 

Sec 3. This act shall go into effect from and after the 2£ act to take 
first day of February, one thousand eight hundred and 
seventy-two. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXXIY. 

AN ACT TO AUTHORIZE E. C GRIER, LATE SHERIFF OF MECKLEN- 
BURG COUNTY, TO COLLECT ARREARS OF TAXES. 

Section 1. The General Assembly of North Carolina do Arrears of taxes 
enact, That E. C. Grier, late sheriff of Mecklenburg county, to be coTlected - 
be and he is hereby authorized and empowered to collect 



108 IS 71-' 72.— Chapter 124— 125. 

nil arrearages of taxes which were due and owing by James 
II. Davis, of said county ot Mecklenburg, for the year one 
thousand eight hundred and fifty-eight and one thousand 
eight hundred and fifty-nine, and all rights, remedies or leins 
which he, the said E. C. Grier, at any time had against the 
property of the said Davis are hereby revived and continued 
in force as against said property in the hands of the heirs at 
law or personal representatives of the said Davis. 
When act to be in g EC . 2 . This act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1S72. 



CHAPTER CXXY. 

AX ACT TO AUTHORIZE THE COMMISSIONERS OF ONSLOW COUNTY 
TO LEVY A SPECIAL TAX. 

for e p i ayme X nto V f icd Secti on 1. The General Assembly of North Carolina do 

€onntydebt. enact, That the count}' commissioners of Onslow county 
are hereby authorized to levy a special tax equal to the one- 
half of one per cent, on the taxable property of said county 
on all subjects of taxation, the constitutional equation of 
taxation on the pole and property being duly observed, for 
the purpose of paying the outstanding debt of the county. 

Voters to ratify. Sec. 2. That the propriety ot said tax shall be submitted 
to a vote of the people of said county by an election to be 
held in the same manner with elections for members of the 
general assembly. 

When act to take g EC . 3. That this act shall be in force from its ratification. 
Ratified the Sth day. of February, A. D. 1872. 



1S71-' 72.— Chapter 126—127. 169 



CHAP TEE CXXYI. 

AN ACT TO AUTHORIZE THE COMMISSIONERS OF GREENE COUNTY 
TO LEVY A SPECIAL TAX TO PAY OFF THE DEBT OF THE 
COUNTY. 

Section 1. The General Assembly of North Carolina do Special tax levied 
enact, That the commissioners oi Greene county are hereby 
authorized to levy and collect a special tax for the purpose 
ot paying oft the debt of said county not to exceed one- Limitation, 
fourth of one per cent, on the one hundred dollars worth of 
real and personal property in said county. 

Sec. 2. That there shall be at the same time, and for the Poll tax. 
same purpose, levied on the poll, a tax equal to the tax on 
three hundred dollars worth of real and personal property. 

Sec. 3. This aet shall have no force or effect until it shall Voters l0 ratify - 
be submitted to and ratified by the qualified voters of the 
county. 

Sec. 4. This act shall be in force from and after its ratifi- Jg c e t uact totake 
cation. 

Ratified the 8th day of February, A. D. 1872'. 



CHAPTER CXXVII. 

AN ACT TO PREVENT THE SALE OF SPIRITUOUS LIQUORS WITHIN 
ONE MILE OF THE CORPORATE LTMITS OF THE TOWN OF 
LENOIR. LS CALDWELL COUNTY. 

Section 1. The General Assembly of North Carolina do Sale of spirituous 
_. .,,•,, t ,. , \ liquors forbidden 

enact, That it shall be unlawful for any person or persons 

to sell, dispose of or deliver any sort or kind of spirituous 

liquors within one mile of the corporate limits of the town 
-of Lenoir, in Caldwell county. 



1T0 



1871-'T2.— Chapter 127— 12S. 



Penalty 



Whe act to take 
effect 



Sec. 2. That violation of this act shall be a misdemeanor, 
and that any person convicted of said violation before the 
superior court of law shall be fined fifty dollars or imprisoned 
three months or both at the discretion of the court. 

Sec. 3. That this act shall be in force from and alter its 
ratification. 

Ratified the 8th day of February, A. D. 1S72. 



CHAPTEK CXXYIII. 

AN ACT To PREVENT THE SALE OK SPIRITUOUS LIQUOR8 WITHIN 
ONE AND A HALF MILES OF ST. PAUL'S CHURCH, 1\ TltH 
COUNTY OF ROBESON. 



Sale of intoxica " 
tine; liquors pro- 
hibited. 



Misdemeanor. 



Proviso. 



When act to take 
effect. 



Section 1. The General Assembly of Worth Carolina do 
enact, That it shall be unlawful for any person or persons 
to sell, trade or traffic in spirituous or intoxicating liquors 
within one mile and a half of St. Paul's Presbyterian Church, 
and in one mile and a half of Ashpole Baptist Church, in 
the county of Pobeson, and any person selling or dealing in 
intoxicating liquors within the limits set forth in this act 
and contrary to the provisions of this section shall be deemed 
guilty of a misdemeanor and upon conviction before a 
justice of the peace shall be fined not more than twenty-five 
dollars nor less than ten dollars in the discretion of the 
court : Provided, That the fines collected under the provisions- 
of this act shall be paid into the county school fund. 

Sec 2. This act shall be in force from its ratification. 

Ratified the 8th day of February, A. D. 1872. 



l'871-72.— Chapter 129: l?l 



CHAPTER OX XIX. 

AX ACT TO AMEND AND RE-ENACT AN ACT TO INCORPORATE THE 
FLAT SWAMP, LOCK'S CREEK AND EVANS' CREEK CANAL COM- 
PANY OF CUMBERLAND COUNTY. 

Section 1. The General Assembly of North Carolina do if™^^ 1 
enact, That an act entitled an act to incorporate the " Flat 
Swamp, Lock's Creek and Evans' Creek Canal Company," 
of the county of Cumberland, ratified 4th day of March, 
anno domini one thousand eight hundred and sixty-seven, 
be amended and re-enacted to read as follows : That A. A. Corporators. 
McKethan. L. W. Devarie, Robt. Williams, J. M. Williams, 
James Bruce, W. J. McPhail, Niven Calbreth, James Guy, 
J. D. Williams, II. M. Swain, and all other land owners who 
voluntarily take stock in the association, be and they are 
hereby created a corporation and body politic by the name 
and style of the " Flat Swamp, Lock's Creek and Evans' Co ^ orate name " 
Creek Canal Company," and by that name and style may 
sue and be sued, plead and be impleaded in any court of the 
state, contract and be contracted with, have succession and Corp01 
a common seal, acquire, own and possess real and personal 
property, and to bind the members who shall join the same 
voluntarily to abide by, do and perform all the requirements 
which they may in meeting and by vote ot the majority of 
the members of said corporation by resolution passed and 
recorded in the minutes of their company require ; and shall 
have full power and authority to make, form and adopt such 
by-laws and regulations for their government, not inconsis- 
tent with the constitution and laws of the state or of the 
United State, as they shall think proper. 

Sec. 2. That the purpose ot this corporation is to drain Drainage by ca- 
thc swamp lands of Flat Swamp, Lock's Creek and Evans' 
Creek, and the tributaries ot the same, by cutting a canal 
from some point on the east side of the Cape Fear river, 
and any other canal or canals, ditches or drains, that may be 
found necessarv. 



1T2 



1871-72.— Chapter 129. 



Share of stock- 
holders. 



Valuation of laud 



Vote of stock- 
holders. 

Annual levy of 
money for drain- 
age. 



Proviso. 



Assessment 
made by arbi- 
trators. 

Levies made a 
lien upon land. 



Indemnity te- 
nured. 



Officers of com- 
pany. 

Annual election. 



Sec. 3. That each stockholder shall be deemed the owner 
ot one share for every one hundred dollars worth of land 
without fractions, drained or to be drained, which he may 
own ; the valuation of the land to be that ot the tax lists 
of the county of Cumberland for the year preceding; and 
for every share so held each stockholder shall be entitled to 
one vote in all general meetings. 

CD D 

Sec. 4. That they shall have power by vote or of the com- 
pany or a majority of the stockholders in value, to levy 
and collect from the stockholders such sum or sums of 
money annually, on all the lands drained or to be drained, 
of those who become stockholders in the company, for the 
purpose of draining said lands and keeping open all canals, 
ditches, drains, &c, after the same shall have been com- 
pleted : Provided, The sum or sums so levied shall not 
exceed the sum of fifty cents per acre, for any one year ; and 
should any difficulty arise as to how many acres will be 
benefitted by the proposed draining, there shall be appraised 
by a board of three arbitrators, selected from amoug the 
stockholders as arbitrators are usually chosen, who shall 
assess the same and report in writing to the secretary of the 
company. All levies or assessments made in accordance with 
this section, shall be a lien upon the land and may be 
recovered in any court of the state having jurisdiction of 
the same. 

Sec. 5. That said company shall be authorized to proceed 
under sections one to eleven inclusive of an act to provide 
draining wet lands, ratified twenty-sixth day of March, 
anno domini one thousand eight hundred and seventy, to 
secure indemnity for the labor expended in draining the 
lands of those who do not become stockholders in the cor- 
poration, and to have an assessment and recovery as therein 
directed for the benefit and improvement done the lands of 
those not stockholders of this company. 

Sec. 6. That the officers of this company shall consist of 
a president, secretary, treasurer and board of five directors, 
who shall be annually elected at such time and place as the 
stockholders may agree and fix upon, and said officers shall 



1871-'72,— Chapter 120—130. 173 

hold office for one year or until their successors are elected. 

That they shall be paid such sums as the company shall 

determine, and the treasurer shall give bond in such sum as boMformmie^ 

may be agreed upon, payable to the company lor the faith- entrusted. 

fill keeping of the moneys of said company and dispensing 

the same, in such manner as may be ordered by the president 

and directors. 

Sec. 7. That said company may borrow money to an ?°^| miiy bc 
amount not exceeding twenty -five thousand dollars and issue 
therefor such bonds or other evidences of debt, and at such 
a rate of interest, as said company may authorize ; and to 
secure the payment thereof each stockholder shall convey 
his lands to the president and directors or such trustees as 
may be chosen by them, in trust, to bc by them mortgaged hoWM'sto^e ^ 
in such manner as the stockholders may agree upon to secure mortgaged toi 

. ° secure payment 

the payment of said bonds or other evidences of debt. of bonds. 

Sec. 8. That this act shall be in force from and alter its When act to be in 

force. 

ratification. 

Eatitied the 13th day of December, A. I). 1871. 



CHAPTER CXXX. 



AN ACT TO CIIAKTER THE CAROLINA NARROW GUAGE RAILROAD. 



i 



Section 1. The General Assembly of North Carolina do Capital stock. 
enact, That a company may bc formed with a capital stock 
not exceeding two millions of dollars, to be divided into 
shares of one hundred dollars each, to bc called and known 
as the " Carolina Narrow Guage Railroad Company," for Corporate name, 
the purpose of constructing a narrow guage railroad from a 
point in the line dividing the states of North and South 
Carolina, in the direction of Yorkville, South Carolina, over Location of Rail 

. Road. 

the most practicable route, to the town of Dallas, in the 
county of Gaston, thence to the town of Lincolnton, in the 
county of Lincoln, thence to the town of Newton, in the 



174 1ST1^72. — Crr.viTicit 130. 

count} 7 ot Catawba, thence to the town of Hickory Tavern, 
in the same county, thence to the town of Lenoir, in the 
county of Caldwell, and such company when formed, a> 

hereinafter directed, shall have power to receive, poi 
own and transfer real and personal property and estate; to 
have a common seal, and to pass such by-laws, not inconsis- 
tent with the laws oi this state, as may be necessary to earn 

■Corp- rate rights out the objects of the corporation; shall be capable inlaw 
iini privileges. • r ' 

of suing and being sued, pleading and be impleaded, and 

shall have and enjoy all the rights ot other corporate bodies 

under the laws of this state, and have the exclusive 

right to transfer and carry persons, produce, merchandise 

and mineral on and along such railroad, at such prices as 

they may fix. 

Commissioners. Sec. 2. That for the purpose of creating the capital stock 

of such company, J. G. Lewis, Joseph C. Cobb, O. Gr. 

Foard and James 11. Ellis, or any three of them, arc hereby 

appointed commissioners, whose duty it shall be, as soon 

after the passage of this as may be, to appoint such commis- 

Booksof sub- sioners to open books of subscription at such places and at 
ecriptioru . 

such times as to them shall seem best, and under such rule? 

and regulations as they may prescribe ; such subscriptions, or 

Manner of raising anv p ar t thereof, may be received pavable in money, lands, 

subscription. J L . 

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 between said company and 
% such subscribers. 

Meeting of- stock- Sec. 3. That whenever the sum of ten thousand dollars 
shall have been subscrbed to the capital stock of said com- 
pany, it shall be the duty of the commissioners above named, 
any three of whom may act, to call a general meeting of the 
stockholders, after giving such notice as to them shall seem 
sufficient, and at such times and places as they shall deter- 
mine ; and at all general meetings of said stockholders, not 

Majority to form lees than a majority of all the stock subscribed shall consti- 

a quorum. " , " , . 

tute a quorum lor the transaction ot business; and said 
stockholders when so met in general meeting, shall have 
power, and it shall be their duty, to elect a president and 



1S71-' 72.— Chapter 130. 175 

four directors far said company, whose term of office shall President and 

1 •> ' Directors 

be tor one year, and until others are chosen. In the elcc- Term of officers, 
tion of president and directors, and in enacting such laws as 
may be necessary, the stockholders may he entitled to vote 
as follows, viz: one vote for each share owned not exceeding ^ ^ 1 1 1 ° e 1 ^ cr YOte 
rive ; one vote for every two shares above live and not 
above ten ; one vote for every lour shares above ten and not 
above twenty ; one vote for every ten shares above twenty 
and not above fifty; one vote lor every fifty shares above 
fifty and not above five hundred ; and one additional vote 
for every one hundred shares above live hundred ; no trac- 
tion shall be counted making less than half a vote. 

Sec. 4. That it shall be the duty of said stockholders at Manner and time 

■\ ot payment. 

their first general meeting to prescribe the manner and time 
in which payment of stock on the subscription books shall 
be made. 

Sec. 5. That it shall be the duty of the president and Treasurer. 
directors ol said company to appoint a treasurer, who shall 
remain in office such a length of time as the company in 
their bv-laws shall determine: the president and directors President and 

" i -.. • -i Directors have 

shall have a general direction and management of the affairs general manage- 

of said company, and shall appoint some suitable person as 

engineer, whose duty it shall be to make the necessary Engineer ap- 

• pointed. 

surveys lor the location of said railroad, and furnish the 
president and directors with reports of said surveys and 
estimates of cost ; said directors shall have power to fill any Vacancies filled. 
vacancy that may occur in their board until their next meet- 
ing, and in the absence of the president may elect one for 

the time ; they shall also appoint a secretary, whose duty it Secretary ap- 
' J ' l " ' J poiuted. 

shall be to keep a fair and correct record of the proceedings 
ol eaid board and all ol the proceedings ol the stockholders 
in general meetings, in a book to be provided lor that 
purpose. 

Sec. 6. That the president or board of directors shall at Annual report. 
least once a year make a full report on the state ot the com- 
pany and its affairs to a general meeting of the stockholders, 
and oftener if required by any by-law of the company, and 
also call a general meeting of the stockholders whenever 



176 1871-'72.— Chapter 130. 

they may deem it expedient, and the company may provide 
in their by-laws for the calling of occasional meetings and 
prescribe the mode thereof. 

Land condemned. Sec 7. That whenever lands 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 betaken by the directors at a valuation 
to be ascertained as follows : the sheriff of the county in 
which said lands may be shall at the request of the president 
of said road summons five disinterested freeholders of his 

Valuation of land, county who shall ascertain the value under oath, to be 
administered by the sheriff, they first deducting the enhanced 
value oi the land caused by said railroad from such valu- 
ation and adding particular loss or damage, and upon 
the payment or tender by the president of the amount so 
ised, the title of the property so seized and appraised 

Proviso. shall thereby vest in the said corporation : Provided, That 

either party may appeal to the superior court ot the county 

Further Proviso, upon the question of the amount assessed: And provided 
further) That not more than one hundred feet from the 
centre of the road shall be allowable to be so condemned. 

Manner of raising Sec. S. That for the purpose of securing the building of 
said road the company shall have power to mortgage, sell or 
lease the same with all its franchises or any part thereof. 

When act to take Sec. 9. That this act shall be in force from and after its 

effect. L 'a .■ 

ratification. 

Ratified the 8th day of February, A. D. 1872. 



IS 71-- 72.— Chapter 181. 177 



CHAPTER CXXXI. 

AN ACT TO ENABLE THE WILMINGTON, CHARLOTTE AND RUTH- 
ERFORD RAILROAD COMPANY TO COMPLETE ITS ROAD AND 
EXTEND ITS ROAD TO THE TENNESSEE LINE. 

Whereas, The speedy completion of the Wilmington, Preamble. 
Charlotte and Rutherford Railroad to Rutherfordton, and 
the extension of the said road through Asheville to the Ten- 
nessee line, as authorized by the charter oi said company, is 
of the utmost importance to the interests of the company 
and of the state ; therefore, 

Section 1. The General Aszemhl a of North Carolina do Extension unci 
-enact, That for the purpose of supplying funds to enable the RaiiRcad. n 
Wilmington, Charlotte and Rutherford Railroad Company 
to complete its road and to extend the same to the Tennessee 
line, the said company is authorized to borrow money by the 
isuse of bonds at the rate of sixteen thousand dollars a Money raised by 
mile, from Wilmington to the Tennessee line, to be authen- 
ticated in such manner as the president and directors ot said 
• company may determine, in sums not less than live hundred 
dollars, at a rate of interest not exceeding eight per cent. Percentage, 
per annum in gold, principal and interest payable in the 
cities ot X'ew York and London, or at such other place or 
places and at such times in gold at the rate of five dollars 
to the pound sterling or in the United States currency, as 
the president and directors of said company may deem best ; 
the bonds to be issued under this act not to exceed eight 
millions of dollars. 

Sec 2. That to secure the payment ot these bonds issued Mortgage deeds 
as aforesaid, and the interest thereon as the same may accrue, issue ' 
the said Wilmington, Charlotte and Rutherford Railroad 
Company is authorized to execute and deliver mortgage 
deeds, signed by the president of said company, conveying 
-it3 franchises and property, including its road-bed, super- 
structure, choses in action, and real and personal estate of 
•whatever kind, and the deed or deeds of mortgage so exe- 
12 



ITS 



1871-72. -Chapteb 131. 



Priorty of mort- 
gage- 



euted and delivered and registered in the county of New 
Hanover, or in the county of Mecklenburg, shall have pri- 
ority over any lien or other claim held by this state in the 
subject matter conveyed, it being the intent and meaning 
of this act, that the mortgage under the authority of this 
act, shall have rights and powers and shall be deemed a first 



Bonds dificharj 
able. 



Amount of bonds 
deposited with 

trustee?. 

Exchange for 
mortgage bonds. 



Division of bonds 
into classes. 



Substitution of 
bonds. 



Ordinance re- 
pealed. 
Proviso. 



Change of guage. 



Certificate of 
Capital stock re- 
ceived by Trews- 
-arer of State. 



Seo. 3. That the bonds issued under this act shall be 
exchangeable at par for the present outstanding first mort- 
gage bonds of the company, and in order to secure and 
effect such exchange, the said bonds issued under this act 
to the amount of two millions five hundred thousand dol- 
lars, shall be deposited with trustees to be appointed by the 

lent and directors of the said company, to be exchai 
for the present outstanding first mortgage; bonds ot the 
company, whenever the holders thereof will consent to such 
exchange; that the board of directors of said railroad 
company are hereby authorized to divide the bonds herein 
authorized to be issued into classes, giving to the various 
classes such order and preference as may be expedient and 
desirable ; that one of the classes ot* bonds so to be prepared, 
may be substituted for the fifteen hundred thousand dollars 
in bonds directed to be destroyed by an ordinance of the 
convention of one thousand eight hundred and sixty-eight, 
ratified fifth day of February, anno dommi one thousand 
eight hundred and sixty-eight. That so much ot said ordi- 
nance as is in conflict herewith, is hereby repealed: Pro- 
vided, That this repeal snail not be construed to abridge or 
impair existing lights. 

Sec. 4. That the Wilmington, Charlotte and Rutherford 
Railroad Company is authorized at any time to change the 
guage of its road in such measure 'and in such way as may 
be deemed best for the interests of this company. 

Sec. 5. That so soon as the Wilmington, Charlotte and 
Rutherford Railroad shall be in operation from Wilmington 
to Charlotte, and the president of the company shall certify 
the same to the public treasurer of the state, and shall deliver 
to that officer a certificate of three thousand shares of capital 



1S71- 72. — Chaptkb 131. 179 

stock in said company, duly executed and attested according 
to the by-laws and charter of said company, in favor of the 

state ot North Carolina, then the state by this act releases .K'^y 11 '^ 

J Dy tlie [state el 

all interest, claim and demand whatsoever in and against all interest in the 

7 ° Company. 

said railroad company, except the said three thousand shares 

of capital stock as hereinafter provided for, and the public 

treasurer is directed thereon to surrender to the president ^"[^! u:ci ' J 

ot said company all the bonds of the company held by 

the state. 

Sec. 6. That section four of an act entitled "An act Repealing clause.. 

declaratory of the meaning of the act entitled an act to 

repeal certain acts passed at the session of one thousand 

eight hundred and sixty-eight and one thousand eight 

hundred and sixty-nine, making appropriations to railroad 

Companies, ratified eighth of March, one thousand eight 

hundred and seventy, and for other purposes,'.' ratified the 

twenty-second day of December, anno domini one thousand , 

eight hundred and seventy, be and the same is hereby 

repealed. 

. 7. That for the purpose of raising the means neces- Capital stock cre- 

11 <=> atedforthepqmp- 

eiu'v to equip their railroad with rolling stock, warehouses, mentof Rail 

, - i Road - 

shop-, wharves and offices, and for no other purpose, the 

stockholders may, at their discretion, create not exceeding 

fifteen thousand shares of preferred w guaranteed capital 

stock, in such form and with such conditions as they may 

deem l' r '-t. and sell the same at auction or otherwise, upon 

- attainable, without regard to the' par value of 

such capita] slock. 

. 8. That upon the acceptance of this act by the Wil- Acceptance of act 

mington, Charlotte and Rutherford Railroad Company, 

within ninety .days after its ratification, it shall become a 

part "1 the charter of said company. 

Sec. '■■■ That nothing in this act shall be construed in any Mortgage brnds 

o .effect the mortgage bonds of the Y/ilmington, hcld mtacl - 

Charlotte and Rutherford Railroad Company, now held 

by the "Western Railroad Company, or the lien heretofore 

made to secure the same. 



180 



1871-'72.— Chapter 131—132. 



Conflicting clause g E0> 10< That all laws coming in conflict with this act are 
hereby repealed, and this act shall he in force from and alter 
its ratification. 
. Ratified the 8th dav of February, A. 1). 1872. 



CHAPTEE (XXXII. 

AN ACT TO LAY OFF AND ESTABLISH A NEW COUNTY BY THE 
NAME OF PAMLICO. 



Formation of new 
County. 



Boundiuy. 



Rights and privi- 
leges- 



Proviso. 



Further proviso. 



Section 1. The General Assembly of North Carolina do 
enact, That a county by the name of .Pamlico shall be and 
the same is hereby laid oft' and established out of portions of 
Craven and Beaufort counties, within the following bounds, 
to wit: Beginning at the mouth of South Creek, in the 
county of Beaufort, at Hickory Point, running thence up 
South Creek to the mouth of Bailey Creek, and up Bailey 
Creek to the head thereof, thence a west course to Durham's 
Creek and up Durham's Creek to the head thereof, thence 
a direct line to the head waters of Deep Run and with Deep 
Run to Upper Broad Creek, in Craven county, and with 
Broad Creek to Neuse river, thence with ISeuse river and 
Pamlico Sound to the mouth of Pamlico river, and thence 
up Pamlico river, so as to include Indian Island, to Hickory 
Point, at the mouth u 4 ' South Creek, the beginning. 

Sec. 2. That the county of Pamlico shall be and is hereby 
invested with all the rights, privileges and immunities of 
other counties in the state : Provided, That this bill for the 
formation of said county, together with the obligation to pay 
its proportionate share of the debt of Craven and Beaufort 
counties, shall be submitted to the qualified voters of the 
territory to be formed into a new county for adoption or 
rejection : Provided further, That if a majority of the 
votes cast in that portion of Beaufort county proposed to be 
cut off shall be against the new countv, it shall not form a 



1871-72.— Chapter 132—133. 1S1 

part ot the same: Provided further, That until another Further Proviso, 
apportionment, the county hereby created shall in all elec- 
tions for state senators cast i's vote with the senatorial dis- 
trict of which Beaufort county shall form a part, and in all 
elections for representatives it shall cast its vote with the 
county of Beaufort. 

Seo. 3. This act shall be in torce from and alter its ratifi- When act to take. 

enect. 

cation. 

Eatified the Sth day of February, A. D. 1872. 



CHAPTER CXXXIII. 

AN ACT TO AMEND THE FAYETTEVILLE AND FLORENCE RAIL- 
ROAD. 

Section 1. The General Assembly of North Ca/rolina de Amendment. 
enact, That the charter of the Fayetteville and Florence 
Railroad Company be so amended that any other railroad 
company in or out of the state, may subscribe to the capital 
stock of said company, and may exchange bonds with, or Privileges granted 
endorse its bonds, notes or drafts ; may guarantee any con- 
tract, agreement or obligation of any kind, made or entered 
into by them ; may loan their money, may exchange materials, 
labor or supplies, on such terms as may be agreed on ; and 
all such contracts and agreements signed by the president Contracts to be 
and countersigned by the secretary, shall be legal and bind- 
ing, with or without a seal. 

Sec. 2. That the said company may increase its capital ^a a"®^ Capi " 

stock to one million five hundred thousand dollars, and may 

issue mort";awe bonds to an amount not exceeding two Mortgage bonds 

., . . , . „ issued, 

million five hundred thousand dollars, bearing such rate of 

interest as may be agreed on, interest payable semi-annually 

or annually from and after the date thereof. 

Sec. 3. That the directors of the North Carolina Peniten- Convicts employ- 
ed, 
tiary be, and they are hereby authorized to deliver to the 



182 



lS71-'72.— Chapter 133. 



Proviso. 



Convicts fed and 

clothed. 

Proviso. 



Farther Proviso. 



Further Proviso. 



Convicts employ- 
ed in grading 
Rail Road. 



Extension of 
Rail Road. 



Repealing clause. 



president of said company, one hundred and fifty convicts: 
Provided, That enough be retained in the Penitentiary to 
carry on the work of its construction, to be employed by 
said Fayetteville and Florence Railroad Company in grading 
said road, getting cross-ties, timber for bridges, culverts and 
depot houses, or in doing any work for said company that 
they may be capable of doing, said railroad company first 
agreeing to feed, clothe, and guard the said convicts so long 
as they are thus in their employment : Provided, That no 
convict now in the penitentiary shall be thus transferred 
without his written consent first had and obtained : Pro- 
vided farther, That after due advertisement, no better 
terms are offered by any other railroad company for the 
labor df said convicts: Provided further , That no convict 
who has been convicted of murder, rape, arson, or barn 
burning shall be taken from the penitentiary. 

Sec. 4. That the president and directors ot the Fayette- 
ville and Florence Railroad Company may work said 
convicts on said road in grading it to the South Carolina 
line, and that they may work all or any part of them on the 
Western railroad, for the purpose a& grading it to the town 
of Greensboro', upon such terms, or under such contract as 
may be agreed by and between the president and directors 
of the Fayetteville and Florence Railroad and the Western 
Railroad. 

Sec. 5. That the president and directors of said company 
may build a branch road to connect with or cross anyojher 
road now built or hereafter to be built, and may extend the 
main track of said road from Fayetteville north to the 
Virginia line, in the direction of ^Norfolk. 

Sec 6. That all laws and clauses of laws coming in con- 
flict with the provisions ot this act, be and they are hereby 
repealed, and that this act shall be in force and take effect 
from and after its ratification. 

Ratified the 8th dav of Februarv, A. D. 1872. 



1871-'72.— Chapter 134. 183 



CHAPTER CXXXIY. 

AN ACT TO CREATE A BOARD OF COMMISSIONERS OF NAVIGA- 
TION FOR THE PORTS OF OCRACOKE AND UATERAS INLET. 

Section 1. The General Assembly of North Carolina do ^™™^™ eT * 
mact, That Francis O'Neal and AVilliam Tolson, of the 
county of Hyde, John Rollarson and Stephen Eulcher, of 
the county of Dare, and William Dixon, of the county of 
Carteret, shall constitute a Board of Commissioners of Navi- 
gation for the ports of Ocracoke and Hateras inlet, whose 
duty it shall be to meet at Ocraeoke at least three times in JJf^y 1 Board 
each year, or a majority of them, after giving at least twent} r 
days notice of each meeting ; and when any person is 
desirous of becoming a pilot at Ocracoke bar at Hateras Pllota s e - 
inlet over the swashes through Pamlico and Albemarle 
Sound, he shall be examined by said board, and when found 
competent to take charge of any ship or vessel as a pilot, 
the board shall issue to him a branch and take the bond 
prescribed by law, and no person shall be. authorized to act 
as a bar or swash pilot unless he shall have a branch from 
said board : Provided, That unexpired branches shall not Pr0vis0 < 
be affected by the provisions of this act. 

Sec. 2. Said commissioners shall qualify in the manner commissioners. 
prescribed by section twenty-four (2-1,) chapter eighty-five 
of the revised code, and the said board shall perform the 
same duties, have the same power and authority, and be 
subject to the same liabilities as are prescribed by said act 
or any act amendatory thereof and still in force. 

Sec. 3. That every pilot licensed by said board, shall give ,_,;Ve bond. 
such bond, perform such duties, receive such fees or emolu- 
ments, have such remedies and be subject to such penalties 
and liabilities, as are prescribed by existing laws. 

Sec. -L This act shall take effect from its ratification. forc c ° ac 

Ratified the 8th day of February, A. D. 1872. 



1S4 



1871- 72.— Chapter 133. 



CHAP TEE CXXXY. 

AN ACT TO AMEND AX ACT ENTITLED " AN ACT TO PAY THE 
EXPENSES OF IDIOTS AND LUNATIC- [NCUREED UY COUNTIES- 
IN'cEKTAIN CASES, RATIFIED THE TWENTY-EIGHTH DAY OF 
MARCH, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND 
SEVENTY . 



Claims of Luna- 
tics. 



Affidavit of Phy- 
sicians required. 



Claim approved 
by Board of Trus- 
tees. 



Discharge of Lu- 
natics. • 



When act to be in 
force. 



Section 1. The General Assembly of iV 'orik Carolina do- 

enact, That the auditor shall not audit any claim or account 
presented at the instance of any county under and in pur- 
suance of an act entitled " an act to pay the expenses of 
lunatics incurred by counties in certain cases," ratified the 
twenty-eighth day of March, anno domini one thousand 
eight hundred and seventy, unless in adition to the present 
requirements ot law, it shall first appear upon the affidavit 
of two respectable practicing physicians that the person or 
persons on account of whom such claim or claims shall be 
presented are in their opinion such persons as are under 
existing laws entitled in all respects to be admitted into the 
Lunatic Asylum as a lunatic,/that such claim has been 
approved by the board of trustees oi the township in which 
such lunatics or idiots may reside, and the chairman of the 
board of county commissioners. 

Seo. 2. That the provisions of this act shall extend to all 
cases of lunatics on account of which claims are now pending 
and not yet allowed and paid as well a's such as may here- 
after occur. 

Sec. 3. That it shall be the duty of the county commis- 
sioners by proper order to that effect, to discharge any ascer- 
tained lunatic in their county not admitted to the Lunatic 
Asylum when it shall appear upon the certificate of two 
respectable physicians and the chairman of the board of 
county commissioners that such lunatic or idiot ought to be 
discharged, if in the Lunatic Asylum. 

Sec 4. That this act shall be in force from and after its 
ratification. 

Ratified the 8th day of February, A. D. 1872. 



1871-72.— Chapter 130— 137. 185 



C II A P T E R C X X X V I . 

AN ACT REQUIRING CLERKS OF SUPERIOR COURTS TO HAVE THEIR 
OFFICES OPENED EVERY MONDAY FOR THE TRANSACTION OF 
PROBATE BUSINESS. 

Section 1. The General Assembly of North Carolina do £^ p r *|S' ed 
enact, That the "clerks of the snDerior courts of this state office for Probate 

business, 
shall open their offices every Monday,, from nine a. m. to 

four p. m., for the transaction of probate business, and each 

succeeding day till such matter is disposed of. 

Sec. 2. That any clerk of the superior court failing to Jg*f ture of 
comply with the first section of this act (unless such failure 
is caused by sickness), shall forfeit his office. 

Ratified the 8th day of February, A. D. 1S72. 



CHAPTER CXXXVII. 

AN ACT TO RE-ENACT AND CONTINUE IN FORCE AN ACT ENTI- 
TLED AN ACT TO EMPOWER THE COMMISSIONERS OF CUM- 
BERLAND COUNTY TO LEYY A SPECIAL TAX, RATIFIED THE 
TWENTY-FOURTH DAY OF FEBRUARY, ONE THOUSAND EIGHT 
HUNDRED AND SEVENTY. 

Section 1. The General Assembly of North Carolina do Re-enaetment. 
enact, That an act entitled an act to empower the commis- 
sioners of Cumberland county to levy a special tax, ratified 
the twenty-fourth day of February, anno donxini one thou- 
sand eight hundred and seventy, be and the same is hereby 
re-enacted and continued in force one year. 

Sec. 2. This act shall be in force from and after its ratifl- when act to take 
,. effect, 

cation. 

Ratified the 8th day of February, A. D. 1872. 



186 



1371-72.— Chapter 138. 



C II A P T E R C X X X V 1 1 1 . 

AN ACT TO AUTHORIZE THE FORMATION OF RAILROAD COMPANIES 
AND TO REGULATE THE SAME. 



Rales for forming 
Rail Road Com- 
panies. 



Name of com- 
pany. 



Route of Eail 
Road. 



Capital Stock. 



Names and resi- 
dences of Direc- 
tors. 



Articles to be filed 
in the office Sec. 
State. 



When declared a 
Corpor ation. 



Section 1 . The General Assembly of North Carolina do 
enact as folloios, Any number of persons, not less than 
twenty five, may form a company for the purpose of con- 
structing, maintaining and operating a railroad for public use 
in the conveyance of persons and property, or for the pur- 
pose of maintaining and operating any unincorporated rail- 
road already constructed for the like public use ; and for 
that purpose may make and sign articles of association, in 
which shall be stated the name of the company, the number 
of years the same is to continue, the places from and to 
which the road is constructed or maintained and operated, 
the length of such road as near as may be, and the name of 
each county in this state through or into which it is made 
or intended to be made, the amount of the capital stock of 
the company, which shall not be less than five thousand 
dollars for every mile of road constructed or proposed to be 
constructed, and the number of shares of which said capital 
stock shall consist, and the names and places of residence of 
six directors of the company, who shall manage its afiairs 
for the first year, and until others are chosen in their places. 
Each subscriber to such articles of association shall subscribe 
thereto his name, place of residence, and the number of 
shares of stock he agrees to take in said company. On 
compliance with the provisions of the next section, such 
articles of association may be filed in the office of the 
secretary of state, who shall indorse thereon the day Ihey 
are filed, and record the same in a book to be provided by 
him for that purpose ; and thereupon the persons who have 
so subscribed such articles of association, and all persons 
who shall become stockholders in such company, shall be a 
corporation by the name specified in such articles of associa- 
tion, and shall possess the powers and privileges granted to 
corporations by this act. 



1 8 71'-72.— Chapter 138. 187 

Sec. 2. Such articles of association shall not be filed and StoAmitetbe 

subscribed before 
recorded in the office ot the secretary ot state until at least articles are filed. 

one thousand dollars of stock for eveiy mile of railroad 

proposed to be made is subscribed thereto, and five per cent. 

paid thereon in good faith, and in cash, to the directors 

named in said articles of association ; nor until there is 

indorsed thereon or annexed thereto an affidavit made by £jffld**itJa*to't>y 

J dirt ctore. 

at least three of the directors named in said articles, that 

the amount of stock required by this section has been in 

good faith subscribed and five per cent, paid in cash thereon 

as aforesaid, and that it is intended in good faith to construct 

or to maintain and operate the road mentioned in such 

articles of association, which affidavit shall be recorded with 

the articles of association, as aforesaid. 

Sec. 3. A copy of any articles of association filed and Presumptive evi- 
1 J J aence. 

recorded in pursuance with this act or of the record thereof 

with a copy of the affidavit aforesaid indorsed thereon or 
annexed thereto, and certified to be a copy by the secre- 
tary of this state or his deputy, shall be presumptive 
evidence of the incorporation of such company, and of the 
facts therein stated. 

Sec. 4. When such articles of association and affidavit are Directors to open 
filed and recorded in the office of the secretary of state, the scriptum. 9 
directors named in said articles of association may, in <:■ 
the whole of the capital stock is not before subscribed, open 
books of subscription to fill up the capital stock ot the com- 
pany in such places and after giving such notice as they 
may deem expedient, and may continue to receive subscrip- 
tions until the whole of the capital stock is subscribed ; the 
time of subscribing, every subscriber shall pay to the 
directors five per cent, on the amount subscribed by him 
m money, and no subscription shall be received or taken 
without such payment. 

Sec. 5. There shall be a board of six directors and a presi- President and in- 
dent of every corporation formed under this act to manage 
its affairs ; and said directors and president shall be chosen 
annually by a majority of the votes of the stockholders 
voting at such election, in such manner as may be prescribed 



1SS 



1871-72. — Ciiaptkb 136. 



Term o 

Vote bv shares 



Vacauci< s. 



Qualification of 
officers. 



Title required. 



When a eorpora- 
tion. 



Officers ap- 
pointed by the 
President. 



Payment by in- 
stallment*. 



Stock forfeited. 



in the by-laws oi cporatipn, and the\ may and shall 

continue in office until others are elected in their places. 
In the election of directors and president each stockholder 
shall he entitled to one vote personally or by proxy on 
every share held by hint thirty days previous to any 

ion; and vacancies in the board of directors and presi- 
dent shall be tilled in such manner as shall be p d by 
the by-laws of tiie corporation. The inspectors oi' the 
election of directors shall be appointed !>y the board of 
directors named in the articles of association. No person 
shall be a director or president unless he shall be a stock- 
holder owning stock absolutely in his own right and qualified 
to vote for directors at the election at which he shall he 
chosen; and at every election of directors the books and 
papers of such company shall be exhibited to the meeting 
if a majority of the stockholders present shall require it. 
And whenever the purchaser or purchasers of the real 
estate, track and fixtures of any railroad corporation which 
has heretofore been sold or may be hereafter sold by virtue 
of any mortgage executed by such corporation or execution 
issued upon any judgment or decree of any court shall 
acquire title to the same in the manner prescribed by law, 
such purchaser or purchasers may associate with him and 
them any number of persons, and make and acknowledge 
and file articles of association as prescribed in this act ; such 
purchaser or purchasers and their associates shall thereupon 
be a corporation with all the powers, privileges and fran- 
chises, and be subject to all the provisions of said act. 

Sec. 6. The president and directors shall appoint a treas- 
urer and secretary and such other officers and agents as shall 
be prescribed by the by-laws. 

Sec. 7. The directors may require the subscribers to the 
capital stock of the company to pay the amount by them 
respectively subscribed in such manner and in such instal- 
ments as they may deem proper. If any stockholder shall 
neglect to pay any instalment as required by a resolution of 
the board of directors, the said board shall be authorized to 
declare his stock and all previous payments thereon forfeited 



1871-'72.— Chapter 138. 139 

for the use of the company, but they shall not declare it so 
forfeited until they shall have caused a notice in writing to 
be served on him personally, or by depositing the same in 
the postoffice, properly directed to him at the postoffice 
nearest his usual place of residence, stating that he is required 
to make such payment at the time and place specified in 
said notice, and that if he fails to make the same, his stock 
and all previous payments thereon will be forfeited for the 
use of the company, which notice shall be served as aforesaid 
at least sixty days previous to the clay on which payment is 
required to be made. 

Sec. S. The stock of every company formed under this Personal estate, 
act shall be deemed personal estate and shall be transferable 
in the manner prescribed by the by-laws of the company. 

Sec. 9. In case the capital stock of any company formed sfock^oTeiia- 01 

under this act is found to be insufficient for constructing and creased. • 

operating its road, sncli compahj' may with the concurrence 

of two-thirds in amount of all its stockholders, increase its 

capital stock from time to time to any amount required for 

the purposes aforesaid. Such increase must be sanctioned 

by a vote in person or by proxy of two-thirds in amount of 

all the stockholders of the company, at a meeting of such Meeting of stock- 

. , , , if i * i - -i • ,• -\ i i holders, 

stockholders called by the directors of the company for that 

purpose, by a notice in writing to each stockholder, to be 

served on him personally or by depositing the same, properly 

folded and directed to him, at the postoffice nearest his usual 

place of residence, in the postoffice at least twenty days prior 

to such meeting. Such notice must state the time and place Time, place, and 
.'",.,. ,.•,.. object of meeting 

of the meeting ana its object and the amount to which it is to be pnbiicly 

proposed to increase the capital stock. The proceedings of 
such meeting must be entered on the minutes of the pro- 
ceedings of the company, and thereupon the capital stock of 
the company may be increased to the amount sanctioned by 
a rote of two-thirds in amount of all the stockholders of the 
company as aforesaid. 

Sec. 10. Each stockholder of any company formed under Liabilities of 
, . , ,, , . ,. ., ,* ,. ,, , ,. , , Stockholders, 

this act shall be individually liable to the creditors of such 

company, to an amount equal to the amount unpaid on the 



100 18Tl-'72. — Chapter 138. 

stuck held by him, for ail the debts and liabilities of such 
company until the whole amount; of the capital stock go held 
by hira shall have been paid to the company, and all the 
ikholders of any such company shall be jointly and 
rally liatrte tor the debts due or owing to any of its 
laborers and servants, other than contractors, for personal 
services for thirty days 1 service performed for such company, 
Jjggj but shall not be liable to an action therefor before an execu- 

tion shall be returned unsatisfied in whole or in part against 
the corporation, and the amount due on such executions 
shall be the amount recoverable with costs against such stock- 
holders ; before such laborer or servant shall charge such 
khulder for such thirty day's services he shall give him 
ice in writing within twenty days after rformance 

of such service that he intends so to hold him liable and 
shall commence such action therefor within thirty days after 
the return of such execution unsatisfied as above mentioned ; 
and every such stockholder, against whom any such recovery 
by such laborer or servant shall have been had, shall have a 
right to recover the same of the other stockholders in said 
corporation in ratable proportion to the amount of the - 
they shall respectively hold with himi 
stocks le Sec. 11. No person holding stock in any such company 

able for tb , . . .. i 

ward.?. sxecutor, administrator, guardian or trustee, and no person 

ling such stock a? collateral security, shall be personally 

any liability as stockholdei ncli company; 

but the person pledging ock shall be consider 

hoh ing the 

ingly ; and the es an ' funds in the hands of such 

utor, administrator, guardian or trustee, shall be liable 

in like manner and to the same extent as the testator or 

intestate or the ward or person interested in such trust fund 

would have "been if he had been living and competent to 

act and hold the same stock in his own name. 

mesa to Sec. 12. /.soften as any contractor for the construction 
laborers. .,.,,..,.. 

ot anypaitot a railroad winch is in progress ot construction 

shall be indebted to any laborer for thirty or any less num- 
ber of days' labor perfcrmed in constructing said road, such 



1871-72. — Chapter 138. 191 

laborer may give notice of such indebtedness to said com- 
pany in the manner herein provided, and said company shall 
thereupon become liable to pay such laborer the amount 
so due him for such labor, and an action may be maintained 
against said company therefor. Such notice shall be given 
by said laborer to said company within twenty da_)s after the 
performance of the number of days' labor for which the ' 
claim is made. Such notice shall be in writing, and shall 
state the amount and number of days' labor, and the time 
when the same was performed, for which the claim is made, 
and the name of the contractor from whom due, and shall 
be signed by such laborer, or his attorney, and shall be 
served on an engineer, agent or superintendent employed 
by said company having charge of the section of the road 
on which such labor was performed, personally, or by leav- 
ing the same at the ofiiee or usual place of business of such 
engineer, agent or superintendent, with some person of 
suitable age. But no action shall be maintained against any 
company under the provisions of this section, unless the 
same is commenced within thirty days after notice is given Time specified for 
to the company by such laborer as above provided. actl ° a ' 

Sec. 13. In case any company formed under this act is Eight to acquire 
unable to agree for the purchase of any real estate required 
for the purposes of its incorporation, it shall have the right 
to acquire title to the same in the manner and by the special 
proceedings prescribed in this act. 

Sec: 14. For the purpose of acquiring such title the said Petition pre- 
cpmpany may present a petition praying for the appointment 
ot " C0D ncrs of appraibal to the superior court held in 

the county in which, the real estate described in the petition 
is situated. Such petition shall be signed and verified 
according to the rules and practice of such court. It must 
contain a description of the real estate which the company Character of pe- 
seeks to acquire ; and it must, in effect, state that the com- mi ™' 
pany is duly incorporated, and that it is the intention of the 
company in good faith to construct and finish a railroad from 
and to the places named for that purpose in iis articles of 
association ; that the whole capital stock of the company 



182 1S71-' 72.— Chapter 138. 

has been in good faith subscribed, as required by this act : 
that the company has purveyed the line or route of its pro- 
posed road, and made a map or survey thereof, by which 
such route or line is designated, and that they have located 
their said road according to such survey, and filed such 
certificates of such location, signed by a majority of the 
directors of the company, in the clerk's office ot the several 
counties through or into which the said load is to be con- 
structed ; that the land described in the petition is required 
for the pnipose of constructing or operating the proposed 
road; and that the company has not been able to acquire 
•.Nnnies and places title thereto, and the reason ot such inability: The petition 

of residence to ■/ i 

be giren. must also state the names and places of residence of the 

parties, so far as the same can by reasonable diligence be 

ascertained, who own or have, or claim to own or have, 

estates or interests in the said real estate : and it any such 

persons are infants, their ages, or as near a? may be, must 

be stated ; and if any such persons are idiots or persons of 

unsound mind or are unknown, that fact must be stated, 

together with such other allegations and statements of liens 

or incumbrances in said real estate as the company may see 

Copy^of Petition fit to make. A copy of such petition, with a notice of the 

nrast^e sent to 

Superior Court, time and place the same will be presented to the superior 

court, must be served on all persons whose interests are to 

be affected by the proceedings at least ten days prior to the 

presentation ot the same to the said court. 

Persousj-eeidimc 1. If the person on wliom such service is to be made 

in this State .,.,. -,. . „ , . ,. . 

must have service resides in tins state, and is not an infant, idiot or person ot 

persona y. unsound mind, service of a copy of such petition and notice 

must be made on him or his agent or attorney, authorized 

to contract for the sale of the real estate described, in the 

petition, personally or by leaving the same at the usual 

place ot residence of the person on whom service must be 

made as aforesaid; with some person of suitable age. 

Non residents re- 2. If the person on whom such service is to be made 

Agents. resides out of the state, and has an agent residing in this 

state, authorized to contract for the sale of the real estate 

described in the petition, such service may be made on such 



1871-'72.— Chapter 138. 1»3 

agent, or on such person personally, out of the state, or it 
may be made by publishing the notice, stating briefly the ^ l giy e " otiee to 
object of the application, and giving a description of the 
land to be taken, in the state paper and in a paper printed 
in the county in which the Jand to be taken is situated, once 
in each week for one month next previous to the presenta- 
tion of the petition. And if the residence of such person 
residing out of this state, but in an}- of the United States or 
any of the British colonies inJSTorth America is known, or 
can by reasonable diligence be ascertained, the company 
must, in addition to such publication as aforesaid, deposit a 
copy of the petition and notice in the postoffice, properly 
folded and directed to such person at the postoffice nearest 
to his place of residence, at least thirty days before present- 
ing such petition to the court, and pay the postage chargeable 
thereon in the United States. 

3. If any person on whom such service is to be made is Guardians noti- 
, , „ i • t • i Uecl f° r Infants.. 

under the age of twenty-one years and resides in tins stale. 

such service shall be made as aforesaid, on his general 
guardian; or if he has no such guardian, then on such infant 
personally, if he is over the age of fourteen years ; and if 
under that age, then on the person who has the care of, or 
with whom such infant resides. 

4. If the person on whom such service is to be made is Respecting 
an idiot or of unsound mind, and resides in this state, such 
service may be made on the committee of his person or 

estate ; or if he has no such committee, then on the person 
who has the care and charge of srich idiot or person of 
unsound mind. 

5. It the person on whom such service is to lie made is Parties unknown 
unknown, or his residence is unknown and cannot by tlc&hy state pa- " 
reasonable diligence be ascertained, then such service may pe!S ' 

be made under the direction of the court, b} T publishing a 
notice, stating the time and place the petition will be 
presented, the object thereof, with a description of the land 
to be affected by the proceedings, in the state paper and in a 
paper printed in the county where the land is situated, once 
13 



194 



1871-'72.— Chapter 13S. 



Dnty of Court to 
appoint guardian 
for persons of 
unsound mind. 



Security required. 



Cases not provi- 
ded for must be 
directed by Supe- 
rior Court." 



Allegations 
made against pe- 
tition. 



yi-eftholders ap- 
pointed to ap- 
praise the estate. 



Commissioners to 
take oath. 



in each week for one month previous to the presentation ot 
such petition. 

6. In case any party to be affected by the proceedings is 
an infant, idiot, or of unsound mind, and has no general 
guardian or committee, the court shall appoint a special 
guardian or committee to attend to the interests ot such 
person in the proceedings, but if a general guardian or com- 
mittee has been appointed for such person in this state, it 
shall be the duty of such general guardian or committee to 
attend to the interests of such infant, idiot, or person of 
unsound mind, and the court may require such security to 
be given by such general or special guardian or committee 
as it may deem necessary to protect the rights of such infant, 
idiot, or person of unsound mind, and all notices required 
to be served in the progress of the proceedings may be 
served on such general or special guardian or committee. 

7. In all cases not herein otherwise provided for service 
of orders, notices, and other papers in the special proceed- 
ings authorized by this act, may be made as tho superior 
court shall direct. 

Sec. 15. On presenting such petition to the superior court 
as aforesaid, with proof of service of a copy thereof and 
notice as aforesaid, all or any of the persons whose estates or 
interests are to be affected by the proceedings may show 
cause against granting the prayer of the petition and may 
disprove any of the facts alleged in it. The court shall hear 
the proofs and allegations of the parties and if no sufficient 
cause is shown against granting the prayer of the petition 
it shall make an order for the appointment of three disinter- 
ested and eompetent freeholders who reside in the county 
or some adjoining county where the premises to be appraised, 
the compensation to be made to the owners or persons 
interested in the real estate proposed to be taken in such 
county for the purposes of the company, and to fix the time 
and place for the first meeting «f the commissioners. 

Sec. 16. The commissioners shall take and subscribe the 
usual oath taken by commissioners of award. Any one of 
them may issue snbpcenas, administer oaths to witnesses, and 



1871-'72.— Chapter 13S. 19J> 

any three of them mav adjourn tlie proceedings befor© Duties of Com- 
them from time to time, in their discretion. "Whenever 
they meet, except by the appointment of the court or pur- 
suant to adjournment, they shall cause reasonable notice 
ei such meeting to be given to the parties who are to be 
affected by their proceedings, or their attorney or agent. 
They shall view the premises described in the petition, and 
hear the proofs and allegations of the parties, and reduce 
the testimony, if any is taken by them, to writing ; and 
after the testimony is closed in each case, and without any 
pnnecessary delay, and before proceeding to the examination 
©f any other claim, a majority of them all being present and determined "* 
acting, shall ascertain and determine the eompensation which 
©light justly to be made by the company to the party or parties 
owning or interested in the real estate appraised by them ; 
and in determining the amount of such compensation they 
shall not make an allowance or deduction on account of any 
real or supposed benefits which the parties in interest may 
derive from the construction of the proposed railroad. 
They or a majority of them shall also determine and certify 
what sum ought to be paid to a general or special guardian 
er committee of an infant, idiot, or person of unsound 
mind, or to an attorney appointed by the court to attend to 
the interest of any unknown owner the continuance of its 1 
corporate existence by virtue of this or any other act; and! 
all persons who have been made parties to the proceedings SPopewiaa caa 

i 11 i t i it , „ ,, . , , . daim right to real 

shall be divested and barred of all right:, estate and interest entate durin* the 
in such real estate during the corporate existence of the company, 
company as aforesaid. All real estate acquired by any com- 
pany under and pursuant to the provisions of this act for 
the purpose of its incorporation, shall be deemed to be 

acq ni red for public use. Within twenty days after the con- Rep«rt of com- 

. . , . . mlssioners. 

flrmation of the report of the commissioners, as provided 

for in the seventeenth section of this act, either party may 

except, having first given notice in writing to the other, to- 

the superior court to the appraisal and report of the com 

missioners. Such exceptions shall be heard bj the seperior Exception* heard 

court a€a»y general or special term thereof, on such notic* ■ u P ertotCaart 



196 



1871-72.— Chapter 138. 



FinaJ report. 



Compensation 
regulated. 



Report t« Supe- 
rior Court. 



Compensation. 



Company must 
notify Attorneys 
<fec. 



Certified copy to 
be filed in Clerk.6 
office. 



thereof being given according to the rules and practice ot 
said court On the hearing of such exceptions the court 
may direct a new appraisal before the same or new commis 
sioners in its discretion ; the second report shall be final and 
conclusive on all the parties interested. If the amount of 
the compensation to be made by the company is increased 
by the second report, the difference shall be a lien on the 
land appraised, and shall be paid by the company to the 
parties entitled to the same, or shall be deposited in the 
hank, as the court 6hall direct : and if the amount is 
diminished the difference shall be refunded to the company 
by the party to whom the same may have been paid, and 
judgment therefor may be rendered by the court on the 
filing of the second report against the party liable to pay 
the same. Such appeal shall not affect the possession by 
such company of the land appraised or party in interest not 
personally served with notice of the proceedings, and who 
ha* not appeared for costs, expenses and counsel fees. They 
shall make a report to the superior court, signed by them 
or a majority ot them, of the proceedings before them, with 
the minutes of the testimony taken by them, if any. Said 
commigsioners shall be entitled to three dollars for their 
expenses and services for each day they are engaged in the 
performance of their duties, to be paid by the company. 

Sec. IT. On such report being made by said commis- 
sioners, the company shall give notice to the parties or their 
attorneys to be affected by the proceedings, according to the 
rules and practice of said court, at a general or special term 
thereof, for the confirmation of such report, and the court 
shall thereupon confirm such report, and shall make an 
order containing a recital of the substance ot the proceed- 
ings in the matter of the appraisal, and a description of the 
real. estate appraised for which compensation is to be made : 
and shall also direct to whom the money is to be paid, or in 
what bank, and in what manner it shall be deposited by the 
company. 

Sec- 18. A certified copy of the order so to be made as 
' aforesaid shall be recorded at full length in the clerk's office 



lS71-'72.— Chapter 13S. 19T 

•f the county in which the land described in it is situated : 
and thereupon, and on the payment or deposit by the com- 
pany of the sums to be paid as compensation for the land, 
and for costs, expenses and counsel fees as aforesaid, and as 
directed by said order, the company shall be entitled to 
enter upon, to take possession of, and use the said land for 
the purposes of its incorporation during and when the same 
is made by others than the company, it shall not be heard 
except on a stipulation of the party appealing not to disturb 
such possession. 

Sec. 19. If there are adverse and conflicting claimants to Court must ad- 

c i iuag« the nghts- 

the money, or any part of it, to be paid as compensation for the °f conflicting 

7 / i i t i • i claimants. 

real estate taken, the court may direct the money to be paid 

into the said eourt by the company and may determine who 

is entitled to the same and direct to whom the same shall be 

paid, and may in its discretion order a reference to ascertain 

the facts on which such determination and order are to be 

made. 

Sec. 20. The court shall appoint some competent attorney Attorney appoint- 
, i-i , . ,; cd by Court to 

to appear for and protect the rights of any party in interest protect the rights 

r • l i • i . i ,i of parties un- 

wno is unknown or whose residence is unknown, and who known or nou- 
has not appeared in the proceedings by an attorney or re8ldeuts - 
agent. The court shall also have power at any time to 
amend any defect or informality in any of the special pro- 
ceedings authorized by this act as may be necessary, or to 
eause new parties to be added and to direct such further notices 
to be given to any party in interest as it deems proper ; and 
also to appoint other commissioners in place of any who 
shall die or refuse or neglect to serve or be incapable of 
serving. 

Sec. 21. In all cases of appraisal under this act where the Court must take 
mode or manner of conducting all or any of the proceed- p?oceedings°not 
ings to the appraisal and the proceedings consequent fhSTact *° r "* 
thereon are not expressly provided for by the statute 
the courts before whom such proceedings may bo pend- 
ing shall have the power to make all the necessary 
orders and give the proper directions to carry into effect the 
• bject and intent of this act ; and the practice in euch cased 



198 



1S71-72.— Chaptee 13S. 



Change of owner- 
ship not to affect 
appraisal. 



Defcc;i>c title 
how remedied. 



Map* of route to 
toe made. 



Notice given to 
•oeeupante of land. 



shall conform as near as may be to the ordinary practice in 
such courts. 

Sec. 22. When any proceedings of appraisal sha'l have 
been commenced, no change of ownership by voluntary con- 
veyance or transfer of the real estate or any interest therein 
or of the subject matter of the appraisal, shall in any manner 
affect such proceedings, but the same may be carried on and 
perfected as if no such conveyance or transfer had been 
made or attempted to be made. 

Sec. 23. If at any time after an attempt to acquire title 
by appraisal of damages or otherwise it shall be found that 
the title thereby attempted to be acquired is defective, the 
company may proceed anew to acquire or perfect such title 
in the same manner as if no appraisal had been made, and 
at any stage of such new proceedings the court may author- 
ize the corporation, if in possession, to continue in possession, 
and if not in possession, to take possession and use such real 
estate during the pendency and until the final conclusion of 
such new proceedings, and may stay all actions or proceed- 
ings against the company on aecount thereof, on such com- 
pany paying into court a sufficient sum or giving security as 
the court may direct to pay the compensation therefor when 
finally ascertained, and in every such case the party interested 
in such real estate may conduct the proceedings to a conclu- 
sion if the company delays or omits to prosecute the same. 

Sec. 24. Every company formed under this act, before 
constructing any part of their road into or through any 
county named in their articles of association, shall make a 
map and profile of the route intended to be adopted by 
such company in such county, which shall be certified by the 
president and engineer of the company or a majority of the 
directors and filed in the office of the clerk of each county 
through which the road is to be made. The company shall 
give written notice to all actual occupants of the land over 
-which the route of the road is so designated and which has 
not been purchased by or given to the company of the route 
so designated. Any party feeling aggrieved by the proposed 
location may. within fifteen days after receiving notice as 



1871-'72.— Chapter 138. 199 

aforesaid, apply to the superior court by petition duly veri- ^-tlonedwheii 

tied, setting forth his objections to the route designated, and route is objection- 

able, 
the said court may if it considers sufficient cause therefor to 

exist, appoint three disinterested persons, one of whom must 
be a practical engineer, commissioners to examine the pro- 
posed route, and after hearing the parties, to affirm or alter 
the same as may be consistent with the just rights of all 
parties and the public, but no alteration of the route shall roite'SSSbie. 
be made except by the concurrence of the commissioner who 
is a practical civil engineer. The determination of the com- 
missioners shall within thirty days after their appointment Timcof certifi- 
be made and certified by them and the certificate filed in 
the office of the county clerk. Said commissioners shall 
each be entitled to three dollars per day for their expenses Compesation. 
and services, to be paid by the person who applied for their 
appointment, and if the proposed route of the road is altered 
or changed by the commissioners the company shall refund 
to the applicant the amount so paid. 

Sec. 25. The directors of every company formed under Discretionary 

. , i.ii witljL Directors to- 

this act may by a vote of two-thirds of their whole number change route of 

at any time alter or change the route or any part of the improvement. 

route of their road if it shall appear to them that the line 

$an be improved thereby ; and they shall make and file in 

the clerk's office of the proper county a survey, map and 

certificate of such alteration or change : and shall have the same ^rat^tobefiietf. 

right and power to acquire title to any lands required for the in Clerks office. 

purposes of the company in such altered or changed route, 

a# if the road had been located there in the first instance 5 

and no such alteration shall be made in any city or village 

after the road shall have been constructed, unless the same 

is sanctioned by a vote of two-thirds of the corporate ^cityJanieS** 

authorities of said city or trustees of 6aid village ; and in j^orU^of cor- 

case of any alteration made in the route of any railroad after porators. 

the company has commenced grading, compensation shall be 

made to all persons for injury so done to any lands that may ^°™* )Cnsati ° n ***" 

have been donated to the company. All the provision of 

this act relative to the first location and to acquiring title to 



200 



lS71-'72.— Chapter 13S. 



Highways, Turn- 
pike, &c, to 
prove no obstruc- 
tion to Railroads. 



Power of Sec. 
State to grant 
Jand. 



Superior Court 
empowered to 
authorize guar- 
dians to sell land 
of unsound per- 
sona, fer corpora - 
Aire purposes. 



land shall apply to every such new or altered portion ot 
the route. 

Sec. 20. Whenever the track of a railroad constructed by 
a company formed under this act shall cross a railroad, a 
highway, turnpike or plankroad, such highway, turnpike or 
plankroad may be carried under or over the track as may 
be found most expedient ; and in cases where an embank- 
ment or cutting shall make a change in the line of such 
highway, turnpike or plankroad desirable, with a view to a 
more easy ascent or descent the said company may take such 
additional lands for the construction of such road, highway, 
turnpike or plankroad on such new- line as may be deemed 
requisite by the directors. Unless the lands so taken shall 
be purchased for the purposes aforesaid compensation there- 
for shall be ascertained in the manner prescribed in this act 
for acquiring title to real estate, and duly made by said 
corporation to the owners and persons interested in such 
lands. The same when so taken shall become part of such 
intersecting highway, turnpike or plankroad in such manner 
and by such tenure as the adjacent parts of the same high- 
way, turnpike or plankroad may be held for highway 
purposes. 

Sec. 27. The secretary of state shall have power to grant 
to any railroad company, formed under this act, any land 
belonging to the people of this state which may be required 
tor the purposes of their road, on such terms as may be agreed 
on by them, or such company may acquire title thereto 
by appraisal, as in the case of lands owned by individuals ; 
and it any land belonging to a county or town is required 
by any company for the purposes of the road, the county 
or town officers having the charge of such land may grant- 
such land to such eompany for such compensation as mar 
be agreed upon. 

Sec. 28. In case any title or interest in real estate required 
by any company formed under this act for the purpose of 
its incorporation, shall be vested in any trustee not autho- 
rized to sell, release and convey the same, or in any infant, 
idiot or person of unsound mind, the superior court shall 



1871-'72.— Chapter 13S. 201 

have power, by a summary proceeding, on petition, to 
authorize and empower such trustee or the general guardian 
or committee of such infant, idiot or person of unsound 
mind, to sell and convey the same to such company for th« 
purpose of its incorporation, on such terms as may be just ; 
and in case any such infant, idiot or person of unsound mind. 
has no general guardian or committee, the said court may 
appoint a special guardian or committee for the purpose of SSf 
making such sale, release or conveyance, and may require ffnmHaa. 
such security from such general or special guardian or com- 
mittee as said court may deem proper. But before any 
conveyance or release authorized by this section shall be 
executed, the terms on which the same is to be executed 
shall be reported to rhe court on oath ; and if the court is ^, ei c ™*4 ep0rted 
satisfied that such terms are just to the party interested in 
such real estate, the court shall confirm the report and direct 
the proper conveyance or release to be executed, which shall 
have the. same effect as if executed by an owner of said land, 
having legal power to sell and convey the same. 

Sec. 29. Every corporation formed under this act shall Corporative pow- 
, ers. 

have power : 

1. To cause such examination and surveys for its proposed 
railroad to be made as may be necessary to the selection of 
the most advantageous route ; and for such purpose, by its 
officers or agents and servants, to enter upon the lands or 

waters of any person, but subject to responsibility for all Reepocsibiiiiy of 

" r ' J x " Company. 

damages which shall be done thereto. 

2. To take and hold such voluntary grants of real estate Voluntary grants. 
and other property as shall be made to it to aid in the con- 
struction, maintenance and accommodation of its railroad ; 

but the real estate received by voluntary grant shall be held 
and used for the purposes of euch grant only. 

.3. To purchase, hold and use all such real estate and other Holdingproi erty 
property as may be necessary for the construction and main- 
tenance of its railroad and the station and other accommo- 
dations necessary to accomplish the object of its incorporation. 

4. To lay out its road not exceeding twelve rods in width, 6*ad« of Ro«& 
and to construct the same, and for the purpose of cuttings and 



9*2 



1S71--72.— Chapter 138. 



Obstruction not 
allowable. 



©onjuneliOB «-f 
RaUroade. 



Conveyance *£ 
persons »nd prep 
erty. 



embankments to take as much more land as may be neces- 
sary for the proper construction and security of the road, 
and to cut down any standing trees that may be in danger 
of felling on the road, making compensation therefor as pro- 
vided in this act for lands taken for the use of the company. 

5. To construct their road across, along, or upon any 
stream of water, water course, street, highway, plankroad, 
turnpike or canal which the route of its road shall intersect 
or touch, but the company shall restore the stream or water 
course, street, highway, plankroad and turnpike road thus 
intersected or touched, to its former state or to such state as 
not unnecessarily to have impaired its usefulness. Nothing 
in this act contained shall be construed to authorize the 
erection of any bridge or any other obstructions across, in, 
or over any stream or lake navigated by steam or sail-boats, 
at the place where any bridge or other obstructions may be 
proposed to be placed, nor to authorize the construction of 
any railroad not already located in, upon, or across any 
streets in any city without the assent of the corporation of 
such city. 

6. To cross, intersect, join and unite its railroad with any 
other railroad before constructed, at any point on its route, 
and upon the grounds of such other company, with the 
necessary turnouts, sidings and switches and other conve- 
niences in furtherance of the objects of its connections. 
And every company whose railroad is or shall be hereafter 
intersected by any new railroad shall unite with the owners 
of such new railroad in forming such intersections and con- 
neotions and grant the facilities aforesaid, and if the two 
corporations cannot agree upon the amount of compensation 
to be made therefor or the points and manner of such cros- 
sings and connections the same shall be ascertained and 
determined by commissioners to be appointed by the court 
as if provided in this act in respect to acquiring title to reaJ 
estate. 

7. To take and convey persons and property on their rail- 
road by the power or force of steam or of animals, or hj 
any mechanical power, and to receive compensation therefor. 



mi-'72.— Chapter 13S. 203 

S. To erect and maintain all necessary and convenient ^SbuuSngs. 
buildings, stations, fixtures and machinery for the accommo- 
dation and use of their passengers, freight and business. 

9. To regulate the time and manner in which passengers Regulation of 

«=> . time and manner 

and property shall be transported and the compensation to of transportation. 
be paid therefor ; but such compensation for any passenger 
and his ordinary baggage, shall not exceed five cents per 
mile. 

10. From time to time to borrow such sums ot money as JjJJJJ* ° f raising 
may be necessary for completing and finishing or operating 

their railroad, and to issue and dispose of their bonds for 

any amount so borrowed, and to mortgage their corporate 

property and franchises to secure the payment or any debt 

contracted by the company for the purposes aforesaid, and 

the directors of the company may confer on any holder of 

any bond issued for money borrowed, as aforesaid, the right 

to convert the principal due or owing thereon into stock of 

«aid company at any time not exceeding ten years from the 

date of the bond, under such regulations as the directors 

may see fit to adopt. 

Sec. 30. Every conductor, baggage master, engineer, Railroad servants 
j 7 ■ do n ° required to -vvear 

brakeman, or other servant of any railroad corporation a badge. 

employed in a passenger train, or at stations for passengers, 
ihall wear upon his hat or cap a badge, which shall indicate 
his office and the initial letters of the style of the corpora- 
tion by which he is employed. No conductor or collector 
■without such badge shall be entitled to demand or receive 
from any passenger any fare or ticket, or to exercise any ot 
the powers of his offices ; and no officer or servant without 
such badge shall have authority to meddle or interfere with 
any passengers, his baggage or property. 

Sec. 31. Every railroad corporation formed under this .Annual report, 
aet, shall make an annual report to the governor of the 
Operations of the year ending on the thirtieth day of Sep- 
tember, which report shall be verified by the oaths of the Report to be veri- 
. . . tied on oath and 

treasurer or president and acting superintendent ot opera- filed in office of 
fcions, and be filed in office of the superintendent of public of Public works. 



204 1871-7'2.— Chapter 23$. 

works by the fifteenth day of November in each year,, 
and shall state : 
.Statements made L Tbe amount of c . ap i fca l ag \ )y c l mrter ; 

2. The amount of stock subscribed : 

3. The amount paid in as by last report ; 

4. The total amount now ot capital stock paid in, ; 

5. The funded debt by last report : 

6. The total amount now of funded debt ; 

7. The floating debt as by last report : 

8. The amount now ot floating debt ; 

9. The total amount now of funded and floating debt ; 

1 ( '. The average rate per annum of interest on funded deb*.; 

COST OF IIOA1) AND EQUIPMENT. 

11. For graduation and masonry by last report ; 

12. The total amount now expended for the same. 

13. The amount tor bridges by last report ; 

14. The total amount now expended for the same ; 

15. The amount for superstructure, including iron, by last 
report ; 

16. Total amount now expended lor the same ; 

17. For passenger and freight stations, building and 
fixtures by last report : 

IS. Total amount now expended for the same ; 
19. For engine and car houses, machine shops, and 
machinery and fixtures by last report ; 
• 20. Total amount now expended for the same ; 

21. For land, damages and fences by last report ; 

22. Total amount now expended for the same ; 

23. For locomotives and fixtures and snow plows by last 
report ; 

24. Total amount now expended for the same ; 

25. For passenger and baggage cars by last report ; 

26. Total amount now expended for the same ; 

27. For freight cars as by last report ; 

28. Total amount now expended for the same : 

29. For engineering and agencies by last report ; 



1871-'72.— Chapter 138. 205 

3§. Total amount now expended for the same.; statements made. 

31. Total cost of road aiid equipment. 

CHARACTERISTICS OF ROAD. 

32. Length of road % ; 

83. Length of road laid ; 

34. Length of double track, including sidings.; 

§5. Length of branches owned by the company laid ; 

36. Length of double track on the same ; 

37. Weight of rail by yard on main track ; 

88. The number of engine houses and shops, of engines and 
'cars and their character. 

DOINGS OF THE YEAR IN TRANSPORTATION AND TOTAL MILES 

RUN. 

3$. Miles run by passenger trains.; 

40. Miles run by freight trains ; 

41. The rate of fare for passengers 'charged for the 
respective classes per mile ; 

42. Number of passengers carried in cars ; 

43. Number of miles travelled by passengers ; 

44. Number of tons, of two thousand pounds, of freight 
carried in cars ; 

45. Number of miles .carried or total movement of freight 
in miles, all to be accurately compiled from the daily records 
or evidences of earnings, manifests and way bills ; 

46. Average rate of speed adopted by ordinary passenger 
trains, including stops ; 

47. Average rate of speed adopted by ordinary passenger 
trains when in motion ; 

48. Average rate of speed adopted by express trains, 
including stops ,; 

49. Average rate of speed adopted by express trains when 
in motion ; 

50. Average rate of speed adopted by freight trains, 
including stops ; 



206 1871-'72.— Chapter 13&— 115. 

statements made. gj. Average rate of speed adopted by freight trains when 
in motion : 

52. Average weight in tons, of two thousand pounds, of 
passenger trains exclusive of passengers and baggage ; 

53. Average weight in tons of freight trains exclusive of 
freight ; 

54. The amount of freight, specifying the quantity in 
tons, of the products of the forest, of animals, of vegetable 
food, other agricultural products, manufactures, merchandise 
and other articles. 

EXPENSES OF MAINTAINING THE KOAD OR REAL ESTAE OF THH 
CORPORATION. 

56. For repairs of road-bed and railway, excepting cost of 
iron, which shall be the cost of labor and materials used 
during the year, also use and cost of engines engaged in 
ballasting, also the renewal and repairs of gravel and stone 
cars and all items of cost connected with keeping the road 
in order ; 

57. For depreciation of way ; 

58. Length, in feet, of iron used in renewals, with weight 
and eost ; 

59. Repairs of buildings ; 

60. Repairs of fences and gates ; 

61. Taxes on real estate ; 

02. Total expenses of maintaining road or real estate for 
the year ; 

63. Expenses of machinery or personal property of tin? 
corporation ; 

64. Repairs of engines and tenders ; 

65. Depreciation of engines and tenders; 
Q6. Repairs of passenger and baggage cars ; 

67. Depreciation of passenger and baggage cars ; 

08. Repairs of freight cars ; 

69. Depreciation of freight cars ; 

TO. Repairs of tools and machinery in, shops ; 



1871-' 72.— Chapter 13S. 2#7 

71 . Incidental expenses, including fuel, oil, clerks, watch- StttemeBta made, 
men about shops ; 

72. Total expenses of repair of machinery; 

73. Office expenses, stationery; 

74. Agents and clerks ; 

75. Labor, handling freight, loading and unloading : 

76. Porters, watchmen and switchmen ; 

77. Wood and water station attendants; 

78. Conductors, baggage and brakemen ; 

79. Enginemen and firemen ; 

80. Fuel, (first cost and labor preparing for use;) 

81. Oil and waste for engines and tenders ; 

82. Oil and waste ior freight cars ; 

S3. Oil and waste for baggage and passenger cars ; 

84. Loss and damage of goods and baggage ; 

85. Damages ior injuries of persons ; 

86. Damages to property, including damages by fire, cat- 
tle killed on the road ; 

87. General superintendence ; 

88. Contingencies ; 

89. Total expenses of operating load ; 

90. The above statements are to be made without refer- 
ence to the sums actually received or paid during the year. 

The following statement of the earnings and cash receipt* 
and payments are required : 

91. From passengers ; 

92. From freight ; 

93. From other sources ; 

94. The above to be stated without reference to the 
amount actually collected. 

95. Receipts during the year from freight ; 

96. From passengers ; 

97. From other sources, specifying what in detail ; 

98. Payment from transportation expenses ;■ 

99. For interest ; 

100. Dividends on stock, amount and rate 1 per cent.; 

101. Payment to surplus fund and total amount to said 
fund ; 



208 1871-'T2.— Ciiaptsb 138. 

Statements mtde. ^g «j<he num]^. j ^rsons injured in liie and limb, and 
the cause of the injury, and whether passengers or pei'sons 
employed ; whether 1 any such accidents have arisen from 
carelessness or negligence of any person in the employment 
of the corporation, and whether such person i? retained in 
the service of the corporation. 

108. It shall he the duty of the proper state officer ta 
arrange the information contained in such reports in a 
tabular form and prepare the same together with the said 
reports in a single document for printing for the use of the 
legislature, and report the same to the legislature on the 
first day of its session in each year. 

104. All the items under the heads of expenses of main- 
taining the road or real estate of the corporation; expenses 
af machinery, of personal property of the corporation : 
expensees of use of road and machinery or operating the 
road, shall be carried out under two heads, the one showing 
the cost of freight transportation, the other the cost of pas- 
senger transportation. 

105. The provisions of this section shall apply to all 
existing railroad corporations, and the report of the said 
existing railroad corporations, made in pursuance of the 
provisions of this section, shall be deemed to be a full com- 
pliance with any existing law or resolution requiring annual 
reports to be made by such corporation. 

PeHHitj-. Sec. 32. Any such corporation which shall neglect to 

make the report as is provided in the preceding section shall 
be liable to a penalty of five hundred and fifty dollars, to be 
sued for in the name of the state of North Carolina for their 
use, in the superior court of Wake county. 
Legislature may ; Sec. 33. The legislature may, when any such railroad shall 
on l RoaS! tnp " be opened for use, from time to time alter or reduce the 
rate of freight, fare, or other profits upon such road, but 
the same shall not, without the consent of the corporation, be 
so reduced as to reduce said profits less than ten per centum 
per annum on the capital actually expended, nor unless on 
an examination of the amounts received and expended, to be 
made by the superintendent of public works and the auditor, 



lS71 , -72.— Chapter 138. 209 

they shall ascertain that the net income derived "by the com- 
pany from all sources for the year then last past shall 
have exceeded an annual income of ten per cent, upon the 
ttal of the corporation actually expend L 

. 34. If any passenger shall i pay his Lire, or Ejectment of pas - 

• ■> i t " , i • t ii i i • i i sengerswho vio- 

:• rules ot the corporation, it shall be lawful ror the i.ueli the rules of 

iduetor of the train and the servant of the oor] itidri cor P oration - 
to pat him and his bagage out of the cars, using no unneces- 

any usual stopping place or near any dwelling ■ 
house, as the conductor shall elect, on stopping the trai 

Sec. 35. Every such corporation shall start and run their Rules for trans- 

. potation, 

cars tor the transportation ot passengers and property at 
regular times to be fixed by public notice, and shall furnish 
sufficient accommodation tor the transportation of all such 
passengers and property as shall, within a reasonable time 
previous thereto, be offerd for transportation at the place of 
starting and the junction of other railroads and at uj 
stopping places established lor receiving and discharging 
way passengers and freights for that train, and shall take, 
transport and discharge such passengers and property ac, 
from, and to such places on the due payment of the freight 
or fare legally authorized therefor, and shall be liable to the 
party aggrieved, in action for damages, for any neglect or 
refusal in the premises. 

Sec. 36. A check shall be affixed to every parcel of check ami dupii- 
baggage when taken for transportation by the agent or 
servant of such corporation, it there is a handle, loop 
or fixture so that the same can be attached upon the 
parcel or baggage so offered for transportation, and a dupli- 
cate thereof given to the passenger or person delivering the 
same on his behalf; and if such check be refused on demand 
the corporation shall pay to such passenger the sum of ten 
dollars to be recovered in a civil action ; and further, no fare 
or toll shall be collected or received from such passenger, 
and if such passenger shall have paid his fare the same shall 
be refunded by the conductor in charge of the train ; and corporation Ka- 
on producing said check if his baggage shall not be delivered b ; ^ ga g e . 8S 
1+ 



210 



1871-'72. — Chapter 13S. 



Intoxication a 
misdemeanor. 



Injuries to Rail- 
roaa a misde- 
meanor. 



to him, lie may himself be a -witness in any suit brought by 
him to prove the contents and value of said baggage. 
Misdemeanor Sec. 37. In forming a passenger train, baggage, freight, 

inereliandise or lumber cars shall not he placed in rear of 
the passenger cars ; and if they or any of them shall he so 
placed, the officer or agent who so directed or knowingly 
suffered such arrangement, and the conductor of the train, 
shall be deemed guilty of a misdemeanor and be punished 
accordingly. 

Sec. 38. It any person shall while in charge of a locomo- 
tive engine running upon the railroad of any such corp 
tion or while acting as the conductor of a car or train of 
cars on any si road, be intoxicated, he shall oedeei 

guilty <>t a misdemeanor. 

Sec. 39. It any person or persons shall wilfully do i i 
cause to be clone, any act or acts' whatever whereby any 
building, construction ur work of any railroad corporation 
or any engine, machine or structure or any matter or thing 
appertaining to the same shall be stopped, obstructed, 
impaired, weakened, injured or destroyed, the person or 
persons so offending shall be guilty of a misdemeanor, and. 
shall forfeit and pay to the said corporation treble the amount 
of damages sustained by means of such offense. 

Sec. 40. All penalties imposed by this act may be sued 
for in the name of the state of North Carolina; and if such 
penalty be for a sum not exceeding one hundred dollar.-, 
then such suit may he brought before a justice of the peace. 
and may be commenced by serving a summons on any 
director of such company. 
Chart of Railroad. Sec. 41. Every corporation shall, within a reasonal 

time after their road shall be constructed, cause to be made 
a map and profile thereof, and of the land taken or obt; :: 
for the use thereof, and file the same in the offices for 
recording deeds in each count}' through which such parts 
of said roads shall pass. Every such map shall be drawn 
on a scale and on paper, to be designated by the superinten- 
dent of public works and certified and signed by the presi- 
dent or engineer of such corporation. 



Suit may be 
brought. 



1871-'72. — Chapter 13S. 211 

Sec. 42. In case any passenger on any railroad shall be Tni " r - V to passen- 
injured while on the platform of a car or on any baggage, .**"" 
wood or freight ear, in violation of the printed regulations 
of the company posted up at the time in a conspicuous place 
inside of its passenger cars then in the train, such company 
shall not he liable for the injury : Provided, Said company 
at the time furnished room inside its passenger cars suffi- 
cient for the proper accomodation of the passengers. 

Sec. 43. It any corporation formed under this act shall Railroad not con- 
not within two years after its articles of association are filed SSbS?^ 
and recorded in the office of the secretary of state, begin the 2ffi£?2£! 
construction of its road and expend thereon ten per cent, of 
the amount of its capital, or shall not finish the road and 
put it in operation in ten years from the time of filing its 
articles of association as aforesaid, its corporate existence 
and powers shall cease. 

Sec 44. The legislature may at any time annul or dis- Legislature may 
solve any corporation formed under this act; but such disso- aMmL 
lotion shall not take away or impair any remedy given 
against any such corporation, its stockholders or officers for 
any liability which shall have been previously incurred. 

Sec. 45. All existing railroad corporations within this Rights and privi- 
state shall respectively have and possess all the powers and ^^ 
privileges contained in this act ; and they shall be subject 
to all the duties, liabilities and provisions not inconsistent 
with the provisions of their charter contained in sections 
nine, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, 
nineteen, twenty, twenty-one, twenty-three, twenty-four, 
twenty-five; twenty-six, twenty-seven, twenty-eight (except 
subdivision nine,) thirty, thirty-one, thirty-two, thirty-three, 
thirty-tour, thirty-five, thirty-six, thirty-seven, thirty-eight, 
thirty-nine, forty, forty-one, forty-two, forty-three', forty- 
four, forty-five, forty-six, ot this act. 

Sec. 46. Whenever two railroad companies shall, for a Railroads embra- 
portion of their respective lines, embrace the same location SKSmK 1 *" 
of line, they may by agreement provide for the construction 
of so much of said line as is common to both of them, by 
one of the companies, and fur the manner and terms upon 



212 



1371-'72.— Chaptee 13S. 



Location of Rsil- 
road in an ad- 
joining State 



Unclaimed 
freight. 



Publication 
thereof. 



which the business thereon shall be performed. Upon the 
making of such agreement, the company that is not to 
struct the part of the Hue which is common to both, may 
alter and amend its articles ot association so as to terminate 
its line at the point of intersection, and may reduce its 
capital to a sum not less than five thousand dollars for each 
mile of the road proposed to be constructed in such amended! 
articles ot association. 

Sec. 47. Whenever after due examination it shall be 
ascertained by the directors ot any railroad company that a 
part ot the line of railroad proposed to be made between 
any two points in this state ought to be located and con- 
structed in an adjoining state, it may be so located and con- 
structed by a rote ot two-thirds of all the directors, and the 
sections of said railroad within this state shall be deemed a 
connected line according to the articles ot association, and 
the directors may reduce the capital specified in their articles 
of association to such amount as may be deemed proper, but 
not less than the amount required by law for the number 
ot miles of railroad to be actually constructed in this state. 

Sec 48. Every railroad company which shall have had 
unclaimed freight, not perishable, in its possession for a 
period of one year at least, may proceed to sell the same at 
public auction, and out of the proceeds may retain the 
charges of transportation and storage of such freight and 
the expenses of advertising and sale thereof; but no such 
sale shall be made until the expiration of four weeks from 
the first publication ot notice of such sale in a state paper 
and also in a newspaper published at or nearest the place at 
which such freight was directed to be lett, and also at the place 
where such sale is to take place ; and said notice shall con- 
tain a description of such freight, the place at which and the 
time when the same was left, as near as may be, together 
with the name of the owner or person to whom consigned, 
if known, and expenses incurred for advertising shall be a 
lien upon such freight in a ratable proportion, according to 
the value of each article or package or parcel, if more than 
one. 



1871-72— Chapter 138. 21$ 

Sec. 49. In case such unclaimed freight shall in its nature Perishable 

irei (r bt. 

be perishable, then the same may he sold as soon as it can 
be on giving the notiee required in the preceding section, 
alter its receipt at the place where it was directed to be left. 

Sec. 50. Such railroad company shall make an entry of Unreclaimable 
the balance ot the proceeds of the sale, if any, of each parcel for University of 
of freight owned by or consigned to the same person, as near tUe Statc ' 
as can be ascertained, and at any time within five years there- 
after, shall refund any surplus so retained to the owner of 
guch freight, his heirs or assigns, on satisfactory proof of 
such ownership ; it no person shall claim such surplus within 
'five years, said surplus shall be paid into the fand used for 
the support of the University of the state. 

Sec. 51. Any railroad corporation on which read steam Police established 
is used as the motive power may apply to the governor to 
commission such persons as the said corporation may desig- 
nate to act as policeman for said corporation. 

Sec. 52. The governor upon such application may appoint Govenor to ap- 

, „ ,. , , point commissi on 

sucn persons or so many ot them as he may deem proper to 
b-j such policemen, and shall issue to such person or persons 
so appointed a commission to act as such policemen. 

'Sec. 53. Every policeman so appointed shall, before enter- Oath adminis- 
ing upon the duties of his office, take and subscribe the usual tered ' 
oath ; such oath with a copy of the commission shall be filed 
with the secretary o^ state and a certificate thereof by said* 
secretary be filed with the clerk of each county through or 
into which the railroad for which such policeman is appointed 
may run and in which it is intended he shall act, and such 
policemen shall severally possess within the limits of the 
property of the county all the powers of policemen in the 
several towns, cities and villages in which they shall so be 
authorized to act as aforesaid. 

Sec. 54. Such railroad police shall, when on duty, severally Bac tee of^Poiice- 

lni-n 

wear a metalic shield with the words " Railway Police," 
and the name of the corporation for which appointed in- 
scribed thereon, and said shield shall always be worn in plain 
view except when employed as detectives. 



214 



lS71-'72.— Chapter 13S. 



Dismissal of Po- 
lice. 



Compensation. Sec. 55. The compensation of such police shall be paid 

by the companies tor which the policemen are respectively 
appointed as may be agreed on between them. 

Sec. 56. Whenever any company shall no longer require 
the services of any policeman so appointed as aforesaid they 
may tile a notice to that effect in the several offices in which 
notice of such appointment was originally filed and there- 
upon the power of such officer shall cease and be determined. 
Sec. 57. Any railroad corporation created by the laws of 
this 6tate or its successors, now being the lessee of the road 
of any other railroad corporation, may take a surrender or 
transfer of the capital stock of the stockholders or any ot them, 
in the corporation whose road is held underlease and issue in 
exchange therefor the like additional amount of its own 
capital stock at par or on such other terms and conditions as 
may be agreed upon between the two corporations ; and 
whenever the greater part of the capital stock of any such 

Transfer of capi- corporation shall have been so surrendered or transferred the 
directors of the corporation taking such surrender or trans- 
fer shall thereafter, on a resolution electing so to do to be 
entered on their minutes become ex-officio the directors of 
the corporation whose road is so held under lease and shall 
manage and conduct the affairs thereot as provided by law ; 
and whevever the whole of said capital stock shall have 
been so surrendered or transferred and a certificate thereot 
filed in the office of the secretary of state under the common 
seal of the corporation to whom such surrender or transfer 
shall have been made, the estate, property, rights, privileges 
and franchises ot the said corporation whose stock shall have 
been so surrendered or transferred shall thereupon vest in 
and be held and enjoyed by the said corporation to whom 
such surrenderor transfer shall have been made as fully and 
entirely and without charge or diminution as the same were 
before held and enjoyed, and be managed and controlled by 
the board of directors of the said corporation to whom such 
surrender or transfer of the said stock shall have been made 
in the corporate name of such corporation. The rights of 
any stockholder not so surrendering or transfering his stock 



Certificate filed 
in office of Sec. 
of State. 



1871-72.— Chapter 138. 215 

shall not be in any way affected thereby, nor shall existing 
liabilities or the rights ot creditors of the corporation where 
stock shall have been so surrendered or transfered be in any 
way affected or impaired by this act. 

Sec. 58. It shall and may be lawful for any railroad com- gKJjf tion of 
pany or other corporation, organized under the laws of this 
state, or of this state and any other state, and operating a 
railroad or bridge either wholly within, or partly within 
and partly without this state, to merge and consolidate its 
capital stock, franchises and property with the capital stock, 
franchises and property of any other railroad company or 
companies organized under the laws of this state, or under 
the laws of this state and any other state, or under the laws 
of any other state or states, whenever the two or more rail- 
roads of the companies or corporation so to be consolidated 
shall or may form a continuous line of railroad with each 
other or by means of any intervening railroad, bridge or 
ferry. 

Sec. 59. Said consolidation shall be made under the con- Provisions of tMs 

act adhered to. 
ditions, provisions and restrictions, and with the powers 

hereafter in this act mentioned and contained, that is to say : 

1. The directors of the companies proposing to consoli- Corporate seal, 
date may enter into a joint agreement under the corporate 

seal of each company for the consolidation of said com- 
panies and railroads, and prescribing the terms and condi- 
tions thereof, the mode of carrying the same into effect, the 
name of the new corporation, the number and names of the 
directors and other officers thereof, and who shall be the 
first directors and officers, and their places of residence, the 

number of shares of the capital stock, the amount or par Details of coipo- 

1 } ,■' ' ration, 

value of each share, and the manner of converting the 

capital stock of each of the said companies into that of the 
new corporation, and how and when directors and officers 
shall be chosen, with such other details as they shall deem 
necessary to perfect such new organization and the consoli- 
dation of said companies or railroads. 

2. Said agreement shall be submitted to the stockholders gjgg of 8tock " 
of each of the said companies or corporations at a meeting 



216 



1871-'72.— Chapter 136. 



Time specified. 



Publication of 
notice. 



Vote by ballot. 



Certificate to be 
filed in office of 
Sec. of State. 



When considered 
one corporation. 



thereof called separately for the purpose of taking the same 
into consideration ; due notice of the time and place of 
holding said meeting, and the object thereof, .shall be given 
by each company to its stockholders by written or printed 
notice.-, addressed to each of the persons in 
the capital stock of such company stands on the b 
thereof,,and delivered to such persons respectively nt to 

them by mail when their postoflice address is known to 
the company, at least thirty days before the time ol holding 
such meeting, and also by a general notice, published daily 
for ■ iur weeks in some newspaper printed in the 

city, town or county where such company has its principal 
e or place u? ' ; and at the said meeting ol stock- 

holders the agreement of the said directors shall be consid< 
and a vote by ballot taken for the adoption or rejection of the 

hare entitling the holder thereof to one s 
and said ballots shall be cast in person or by proxy, and if 
two-thirds of all the votes of all the stockholders shall be 
for the adoption of said agreement, then that tact shall be 
certified thereon by the secretaries of the respective com- 
panies under the seals thereof, and the agreement so 
adopted, or a certified copy thereof shall be filed in the office 
of the secretary of state, and shall from thence be deemed 
and taken to be the agreement and act of consolidation of 
the said companies ; and a copy of the said agreement and 
act of consolidation, duly certified by the secretary of state 
under his official seal, shall be evidence in all courts and 
places of the existence of said new corporation, and that 
foregoing provisions of this act have been fully observed 
ami complied with. 

Sec. 60. Upon the making arid perfecting of such agree- 
ment and act of consolidation as hereinbefore provided, and 
filing the same or a copy thereof in the office of the 
secretary of state as aforesaid, the said corporations, parties 
thereto, shall be deemed and taken to be one corporation by 
the name provided in said agreement and act, but such act 
of consolidation shall not release such new corporations from 



1871- 72.— Chapter 138. 217 

any of the restrictions, liabilities or duties of the sev< 
corporations so consolidated. 

Sec. 61. Upon the consummation of said actofconsolidati 

as aforesaid, all and singular the rights, privileges, exemptions 
and franchises of each of said corporations, parties to the 
same, and all the property, real, personal and mixed, and all 
debts due on whatever account to either of said corporations 
as well as all stock subscriptions and other things in action 
belonging to either of said corporations shall be taken 
deemed to be transfered to and vested in such new corpora- 
tion without further act or deed ; and all claims, deman 
property, rights of way and every other interest, shall be as 
effectually the property of the new corporations as they were 
of the former corporation, parties to the said agreement and 
act, and the title to all real estate taken by deed or other- 
wise, under the laws of this state vested in either of such 
corporations, parties to said agreement and act, shall not be 
deemed to revert or be in any way impaired by reason of 
this act or any thing done by virtue thereof, but shall be 
vested in the new corporation by virtue of such act of con- 
solidation. 

Sec. 62. The rights cf all creditors and all liens upon the Corporative 

. . ., rights made bird- 

property or either of said corporations, parties to said agree- iug. 

ment and act, shall be preserved unimpaired, and the respec- 
tive corporations, shall be deemed to continue in existence 
to preserve the same and all debts and liabilities incurred 
by either of said corporations, except mortgages, shall thence- 
forth attach to such new corporation and be enforced against, 
it and its property to the same extent as if said debts or 
liabilities had been incurred or contracted by it. Xo suit, 
action or other proceeding pending before any court or tri- 
bunal in which either of said railroad companies is a party 
shall be deemed to have abated or been discontinued by the 
agreement and act of consolidation as aforesaid, but the same 
may be conducted in the name of the existing corporation 
to final judgment, or such new corporation may be, by order 
of the court, on motion, substituted as a party. Suits may 
be brought and maintained against such new corporation in 



218 



lS71-'72. — Chapter 138—189. 



Real estate may 
be taxed. 



Mileaire. 



Parallel lines not 
to consolidate. 



the courts of this state for all causes of action in the same 
manner as against other railroad corporations therein. 

Sec. 03. The real estate of such new corporation, situate 
within this state, shall be assessed and taxed in the several 
towns and cities where the same shall be situated in like 
manner as the real estate of other railroad corporations is or 
may be taxed and assessed and such proportion of the capital 
stock and personal property of such new corporation shall 
in like manner be assessed and taxed in this state, as the 
number of miles oi its railroad situate in this state bears to 
the number of miles of its railroad situate in the other state 
or states. 

Sec. 64. Nothing in this act contained shall be so con- 
strued as to allow such consolidated company to charge a 
higher rate of fare per passenger per mile upon any part of 
or portion of such consolidated line than is now allowed by 
law to be charged by each existing company respectively, 
nor shall this act apply to street railroads. 

Sec. 65. No companies or corporations of this state whose 
railroads run on parallel or competing lines shall be author- 
ized by this act to merge or consolidate. 

Sec GG. This act shall take effect from its ratification. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXXXIX. 

AX ACT TO PREVENT THE FELLING OR CUTTING TREES INTO THE 
RUN OF UPPER BROAD CREEK, CRAVEN COUNTY. 



Penalty. Section 1. The General Assemhly of North Carolina do 

enact, That every person who shall cut or fell trees into the 
run of Upper Broad Creek, in the county of Craven, from 
its extreme head near the Beaufort county line to its mouth 
or into the run of any branch stream or tributary flowing 
into the same or in any wise obstruct the run of said creek 



1S71*72.— Chapter 139—140—141. 219 

or of such bran 2b stream or tributaries flowing into the 
same, shall for every such offence be deemed guilty of a 
misdemeanor and shall be fined not less than fifty dollars 
and not more than one hundred dollars. 

Sec. 2. This act shall be in force from its ratification. Sf. actt ° ^ 

Ratified the 8th day of February, A. D., 1S72. 



CHAPTER CXL. 

AN ACT TO REPEAL CHAPTER TWO HUNDRED AND SEVENTY- 
FOUR OF THE LAWS OF ONE THOUSAND EIGHT HUNDRED AND 
SEVENTY AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY- 
ONE. 

Section 1. The General Assembly of North Carolina do LaW8 repealed. 
enact, That chapter two hundred and seventy-four of the 
laws of one thousand eight hundred and seventy and one 
thousand eight hundred and seventy-one be and the same is 
hereby repealed. 

Sec. 2. This act shall be in force from and after its ratifi- Wka act to take 

effect, 
cation. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXLI. 

AX ACT TO MAKE DUTCHMAN CREEK A LAWFUL FENCE TO A 
CERTAIN EXTENT IN THE COUNTY OF DAYIE. 

Section 1. The General Assemoh/ of North Carolina do Location of boun- 

J J . dary; 

enact, That Dutchman Creek shall be a lawful fence in the 

county of Davie from the bridge near James Haines on the 

public road, (leading from Mocksville to Fulton,) to Dulin and 

Sheeks' mill. 



220 1871- 72.— Chapter 141—142. 

Sec. 2. That if any person or persons shall fell timber or 
place other obstructions in Dutchman Creek, they shall be 
deemed guilty of a misdemeanor and on conviction shall be 
subject to line or imprisonment, at the discretion of the 
court. 

SS" ■ ' ' •' : • Sec. 3. This act shall take effect from and after its 
cation. 
Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXLII 



AX ACT TO CONSTRUCT AND ESTABLISH A TURNPIKE S 

FROM CATAWBA VALE, IN THE COUNTY' OF MCDOWELL, TO 
FAIR VIEW, IN BUNCOMBE COUNTY. 

Corporate body. Section 1. The General Assembly of North Carolina do 
enact, That S. Worthing, C. S. Mooning, Thos. Y. Lyttle, 
Thos. Ledbetter, Joseph Garner, D. Stradley and G. \Y. 
Fletcher and such other persons as they may associate with 
them are hereby, for the purposes hereinafter designated, 
declared a body politic and corporate under the name and 

Corporate name, style of the " Catawba Yale and Fair Yiew Turnpike Com- 
pany," for the purpose of constructing a turnpike road 

TurS.° f between Catawba Yale, in the county of McDowell, and 

Fair Yiew, in the county of Buncombe, fmd under said cor- 
porate name may sue and be sued, plead and be impleaded, 
and have their successors. 

Books of sub- Sec 2. That any one of them may open books at the fol- 

scription. . •' ./ r 

lowing places, namely : Catawba Yale, in McDowell county, 
Crooked creek and Broad river, in McDowell county ; 
at Fair Yiew, in Buncombe county, and at Henderson ville- 
in Henderson county, and keep them open until the whole 
Capital stock. of the capital stock of said company, which shall consist 
of three hundred shares, of ten dollars each, shall be 
subscribed.. 



1871-'72.— Chapter 142—143. 221 

Sec. 3. That the stockholders shall choose annually a Directors chosen 

J annnally. 

board of not less than three directors, which directors, shall 

se a president who, with the said directors, shall con- President chosen 

■a, .., ., , t .. ,., ,, . by directors. 

tmue in office until the next annual meeting or until their 

successors shall be elected ; but no failure to elect shall work 

a forfeiture, and in the absence of the president a majority 

ot the board of directors may appoint a president pro tern. 

for the despatch of business, and the board may supply a 

vacancy in their body until the next annual meeting: after vacancies how 

J J ° ailed. 

such vacancy shall occur. 

Sec. 4. That in all other things the said company shall n Rii ? lxts an 2 P rivi * 

° i j leges granted. 

be governed by the provisions of the act in relation to turn- 
pike and plank road companies, as contained in the revised 
code, chapter sixty-one, and shall have all the necessary and 
usual privileges of making rules, regulations and by-laws 
for its government, condemning land, collecting taxes or 
tolls, requiring bonds of its officers and representatives cf 
stock by proxies. 

Sec. 5. This act shall be in force from and after its ratifi- When act to he in 

force, 
cation. 

Ratified the 8th day of February, A. D. 1S72. 



CHAPTER CXLIII. 

AN ACT TO REPEAL CHAPTER TWO HUNDRED AND SIXTY-SEVEN 
OF THE 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 Laws repealed. 
enact, That chapter two hundred and sixty-seven of the 
public laws ot one thousand eight hundred and sixty-eight 
and one thousand eight hundred and sixty-nine, ratified the 
twelfth day of April, one thousand eight hundred and sixty- 
nine, be and the same is hereby repealed. 



222 



1S71- 72.— Chaptek 143—144. 



St 1301 t0take Sec - 2 - That this aot s]n]1 1)G in force lV " ni aml :,ttrr its ' 
ratification. 

Ratified the 8th day of February, A. D. 1S72. 



C II APTER C X L I Y. 



AN AOT TO ANNEX A PART OF NEW HANOVEK COUNT'S TO 
SAMPSON COUNTY. 



Annexation. Section 1. The General Assembly of North ' arolin> 

enact, That that portion of New Hanover county included 
within the following boundaries to wit : beginning at Beatry's 
bridge, on the east side of Black River, thence to the head 
of "White Oak, thence to the head of W. J.Newton's mill 
pond, thence to the head of B. B. Newkirk's mill pond, 
thence down his mill and creek to the Duplin county line, 
thence with the Duplin and New Hanover county line to 

Boundary of plat, the Sampson comity line, thence with the Sampson and 
New Hanover line to Black River, thence across Black 
River with the Sampson and New Hanover line to South 
River, the Bladen county line, thence down. South River to 
the mouth thereof, thence down Black River to the begin- 
ning, be and the same portion of the county of New Han- 
over aforesaid, is hereby annexed to the county of Sampson, 
to form and constitute a portion of the territory of said 

Froviso. county: Provided, however, That this act shall not be con- 

strued to release the portion of New Hanover so annexid 
to Sampson county from its proportionate part of the present 

Further ProTiso. debt of New Hanover county: Provided, The territory 
thus taken from New Hanover and added to Sampson shall 
contribute to the payment of the now existing debt of New 
Hanover, in proportion to the taxable property of said ter- 
ritory, subject to the following deduction : that the com 
mi6sioners of New Hanover and three commissioners on 
the part of the township, to wit : Dr. J. B. Seavey, E. G. 



1871-'72.— Chapter 144—115. 223 

Ward, Dr. C. S. Kerr, shall estimate the value of the public Yalue of Public 

propeity. 

property of Xew Hanover county, which valuation shall be 
deducted from said debt, and the taxable property of said 
township shall be liable tor its pro rata portion of residue 
of said debt of Xew Hanover, and the commissioners of 
New Hanover shall furnish to the sheriff of Sampson a 
transcript of the assessed value of the taxable property of 
said territory, and the annual pro rata portion of said debt 
to be collected from said territory and it shall be a part of 
the official dntv of the sheriff of Sampson, to collect said tax ^eriffcf Samp- 

" J ' _ son may collect 

and pay it over to the treasurer of New Hanover taking his tax. 
receipt for the same, and shall receive the commissions for 
collecting said tax that he receives for collecting county 
taxes: Provided, That the commissioners of New Hanover Pr °viso. 
and the commissioners of the territory are unable to agree 
upon the valuation of said public property, the aforesaid 
commissioners shall each choose an arbitrator, which arbi- 
trators who, if unable to agree, shall choose an umpire who 
shall decide the value of said public property. 

Sec. 2. This act shall be in force from and after its ratifi- Wb.enacttobein 

loree. 

cation. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXLY. 

AN ACT TO DEFINE AND PUNISH THE CRIME OF EMBEZZLEMENT. 

Section 1. The General Assembly of North Carolina do Embezzlement of 
,,. _ i , , funds declared 

enact, n any officer, agent, clerk or servant of any corpora- felony. 

tion, or any clerk, agent or servant of any person or copart- 
nership, (except apprentices and other persons under the age 
of sixteen years,) shall embezzle or fraudulently convert to 
his own use or shall take, make way with or secrete, with 
intent to embezzle or fraudulently convert to his own use 
any money, goods or other chattels, bank note, check or 



224 



1871-72. -Chapter 145— 140. 



Embezzlement 

detiued. 



r for the payment of money issued by or drawn on anv 
bank or other corporation, or any treasury warrant, treasury 

, bond or obligation ior the payment oi money i?- 
by the United Stales or by any state, or any oilier valuable 
.l'ity whatsoever belonging to any other person or cor- 

tion whiqh shall have come into his possession or nndi r 
his care by virtue of such office or employment, he shall be 
deemed guilty of felony, and upon conviction thereof, 
be punished as in cases of larceny. 

Sec, 2. In indictments under this act, except when tl a 
offence shall relate to a chattel, it shall be sufficient to allege 
the embezzlement to be of money without specifying any 
particular coin or valuable security ; and such allegation, so 
tar as regards the description of the property, shall be 
sustained if the offender shall be proved to have embezzh d 
any amount although the particular species of coin or valu- 

security of which such amount was composed shall nut 
be proved. 

Ratified the 8th day of February, A. I). 1872. 



CHAPTER OXLVI. 



AN ACT RELATING TO THE FEES OF SUPERIOR COURT CLERKS. 



Rates of charge Section 1. The General Assembly of North Carolina do 
enact, That the following shall be the fees of superior court 
clerks for the services named, to-wit: For taking the private 
examination of a married woman as to the execution of any 
deed offered for probate, with certificate, fifty cents ; setting 
seal to any paper, so requiring, twenty-five cents; certifi- 
cate, twenty-five cents ; recognizance, twenty-five cents ; 
summons, one dollar ; for each copy, twenty-five cents ; 
entering judgment, one dollar; execution, thirty -five cents ; 
presentment, sixty cents ; indictment, sixty cents ; capias, 
one dollar ; transcript to supreme court, two dollars ; sub- 



1871- 72.— Chapter 146—147. 225 

poena, fifteen cents for each person named in the subpoena; 

jury ticket, ten cents; witness ticket, ten cents; auditing 

and settling accounts, one half ot one per cent, fur all sums 

under one thousand dollars, and on all sums over one 

thousand dollars, one tenth of one per cent: Provided, Prov5so - 

That no fees thereon shall exceed fifteen dollars; letters ot 

administration, one dollar: appointment of guardian, one 

dollar; binding oi apprentices, one dollar; justification of 

bond, when required, fifty cents ; probate oi will, in common 

form, one dollar ; recording will or other writing necessary 

to be recorded, ten cents for each copy sheet; that all clerks Fee tin to be 

shall be required to post and keep posted in their office a office. 

fee bill for public inspection and reference under a penalty Penalty. 

of fiftv dollars for snch neglect. 

Sec. 2. That all laws or parts ot laws in conflict herewith Repealing clause. 
are hereby repealed. 

Sec. 3. This act shall be in force from and after its ratifi- Set* * ^^ & 
cation. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXLVII. 

AN ACT TO PROVIDE IN CERTAIN CASES AN ALLOWANCE FOR 
IMPROVEMENTS. 

Section 1. The General Assembly of North Carolina do Petition granted, 
enact as follow*, Any defendant against whom a judgment 
shall be rendered for land, may at any time before the execu- 
tion ot such judgment, present a petition to the court 
rendering the same, stating that he or those under whom he 
claims while holding the premises under a title believed 
by him or them to be good have made permanent im- 
provements thereon, and praying tbat he may bo allowed 
for the same over and above the value of the use and occu- Execution of 
paction ot such land ; and thereupon the court may. if satisfied JgSSF* SU3 
15 '— ~ 



22G 



1871-72.— Chapter 147. 



Jury may assess 
damages. 



Annual value of 
land for the time 
occupied. 



Time of liability. 



Valuation of im- 
provements to be 
in favor of de- 
fendant. 



Defendant not 
liable beyond 
rents and im- 
provements. 



Jury shall find 
verdict for bal- 
ance. 



of the probable truth of the allegation, suspend the execu- 
tion of such judgment and impannel a jury tu assess the 
damages of the plaintiff and the allowance to the defendant 
for such improvements. 

Sec. 2. The jury in assessing such damages shall estimate 
against the defendant the clear annual value of the premises 
during the time he was in possession thereof (exclusive of 
the use by the tenant of the improvements thereon made by 
himself or those under whom he claims,) aud also the 
damages tor waste or other injury to the premises committed 
by the defendant. 

Sec. 3. The defendant shall not be liable for such annual 
value for any longer time than three years before the suit, or 
for damages for any such waste or other injury done before 
said three years, unless when he claims for improvements as 
aforesaid. 

Sec. 4. If the jury shall be satisfied that the defendant or 
those under whom he claims, /nade on the premises, at a 
time when there was reason to believe the title good under 
which he or they were holding the said premises, permanent 
and valuable improvements, the}' shall estimate in his favor 
the value of such improvements as were so made before 
notice in writing of the title under which the plaintiff 
claims, not exceeding the amount actually expended in 
making them and not exceeding the amount to which the 
value of the premises is actually increased thereby at the 
time of the assessment. 

Sec. 5. It the sum estimated for the improvements exceed 
the damages estimated by the jury against the defendant as 
aforesaid, they shall then estimate against him for any time 
before the said three years, the rents and profits accrued 
against or damages for waste or other injury done by him 
or those under whom he claims, so far as may be necessary 
to balance his claim for improvements, but in such case he 
shall not be liable for the excess, if any, of such rents and 
profits or damages beyond the value of the improvements. 

Sec. 6. After offsetting the damages assessed for the 
plaintiff, and the allowances to the defendant for the iui- 



1S71-72. — Chapter 147. -227 

provements, if any, the jury shall find a verdict for the 
balance for the plaintiff or defendant, as the case may be, 
and judgment shall be entered therefor according- to the 
verdict. ' 

Sec. 7. Any such balance due to the defendant shall w .bich shall eon~ 
,-, i . ,iti •> , , stitute lieu. 

constitute a lien upon the land recovered by the plaintiff 

until the same shall be paid. 

Sec. 8. If the plaintifi' claim only estate for life in the Defendant may 
land recovered and pay any sum allowed to the defendant provement." 11 * 
for improvements, he or his personal representative, may 
recover at the determination of his estate from the remainder 
man or reversioner, the value of the said improvements as 
they then exist, not exceeding the amount as paid by him, 
and shall have a lien theretor on the premises in like manner 
as if they had been mortgaged for the payment thereof, and 
may keep possession of said premises until it be paid. 

Sec. 9. Nothing herein shall extend or apply to any suit Docs not apply to 
brought by a mortgagee or his heirs or assigns against a mort g a £ op - 
mortgagor or his heirs or assigns for tfie recovery of the 
mortgaged premises. 

Sec. 10. When the defendant shall claim allowance fur Defendant* 
improvements the plaintiff may by entry on the record an^T^ alI ° W " 
require that the value of his estate in the premises without 
the improvements shall also be ascertained. 

Sec. 11. The value ot the premises in such ease shall be How value of 
estimated as it would have been at the time ot the enquiry, Kl"* 
if no such improvements had been made on the premises 
by the tenant or any person under whom he claims, and 
shall be ascertained in the manner hereinbefore provided 
ior estimating the value of improvements. 

Sec 12. The plaintiff in such case, if judgment is ren- i J iaintitf may en- 

i i n ■, . . , . , ter desire to re- 

clered ior nun may, at any time during the same term, or liquish. 

before judgment is rendered on the assessment of the value 
of the improvements, in person or by his attorney in the 
cause, enter on the record his election to relinquish his 
estate in the premises to the defendant at the value as ascer- 
tained, and the defendant shall thenceforth hold all the 
estate that the plaintiff' had therein at the commencement 



228 



1871-72.— Chapter 147—148. 



Payments how 
made. 



When claimant is 
feme covert, minor 
or insane. 



When defendant 
evicted by force 
or better title. 



of the suit: Provided, Ho pay therefor the said value 
with interest in the manner in which the court may order it 
to be ]«aid. 

Sec. 13. The payments shall be made to the plaintiff, or 
into court for his use, and the land shall be bound therefor, 
and it the defendant tail to make the said payments within or 
at the times limited therefor respectively, the court may order 
the land to be sold and the proceeds applied to the payment ol 
said value and interest, and the surplus, if any, to be paid to 
the defendant, but if the said net proceeds be insufficient to 
satisfy the said value and interest, the defendant shall not 
be bound for the deficiency. 

Sec. 14. It the party by or for whom the land is claimed in 
the suit be a feme covert, minor, or insane, such value shall 
be deemed to be real estate, and be disposed of as the court 
may consider proper for the benefit of the persons interested 
therein. 

Sec. 15. If the defendant or his heirs or assigns shall, 
after the premises are so relinquished to him be evicted 
thereof by force of any better title than that of the original 
plaintiff, the person so evicted may recover from such 
plaintiff or his representatives, the amount so paid for the 
premises, as so much money had and received by such 
plaintiff in Iris life time for the use of such person, with 
lawful interest thereon from the time of such payment. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CXLVIII. 

AN ACT TO INCORPORATE THE BEECH SWAMP AND SCOTLAND 
NECK RATLUOAl") COMPANY. 



Section 1. The General Assemlly of North Carolina do 
enact. That for the purpose of constructing a railroad from 
some point on the line of the Wilmington and Weldon 



1871-'72.— Chapier 148. 229 

Railroad, between Enfield and Halifax, to some point on the 
Roanoke river, between Hill Ferry and Pollock's Ferry? 
upon such line as the directors of said railroad shall deter- 
mine, Robert D. Mcllwaine, Archibald Mcllwaine, Morton 
Riddle, J. Craige Riddle, W. H. Ransom, Richard Tilleiy, 
James II. Whitaker, Peter Smith and Walter Clark, and 
their associates, successors and assigns, are hereby constituted 
a body corporate under the name and style of the Beech Corporate body. 



Swamp and Scotland Keck Railroad Company, with a Corporate name. 

capital stock of two 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, plead and be impeaded in every Rights and privi- 

court in the state of ^Torth Carolina, and mav have a common 

seal, and shall be capable of purchasing, holding, leasing 

and conveying estate, real, personal and mixed and of 

acquiring the same by gift or devise for the purpose 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 state of Koith Carolina and of 

the United States. 

Sec. 2. That the capital stock of said company may be Sj^creato? 
created by subscription on the part of individuals, municipal 
or other corporations, in shares of the value of fifty dollars 
each, which may be made in land, timber, labor or money as 
may be stipulated. 

Sec. 3. That books of subscription mav be opened bv such Books of snb- 

i i ■, ■, , , scription. 

persons at such times and at such places and under such 
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 Meeting of stock- 
have been subscribed to the capital stock of said company bo,dcre - 
by solvent subscribers a general meeting f the stockholders 
shall be had after due notice, and such general meeting, a 
majority of the stockholders being present either in person 



230 



1ST1- , T2. — Chapter 143. 



Election of Presi- 
dent and Direct- 
ors. 



Valuation of land 
to be ascertained. 



Manner of valua- 
tion. 



Proviso. 



Farther proviso. 



Lease »f f ran- 
.chise. 



Bonds secured by 
mortgage. 



Exclusive right 
of way. 



or by proxy, shall elect a board of directors to consist of 
such number, not loss than five, as the stockholders shall 
determine, and said directors shall elect one of their number 
president, and such other officers as the by-laws of said com- 
pany shall prescribe, and may do and perform all other 
necessary to the complete organization of said company and 
to carry into effect the objects ot this charter. 

Sec. 5. That whenever land shall be required for the con- 
struction of this road, or for warehouses, water stations, 
turnouts, workshops, depositories or other building purposes,, 
and for any cause the same cannot be purchased from the 
owner or owners, the same may be taken by the directors at 
a valuation to be ascertained as follows : The sheriff of the 
county in which the land may be, shall at the request of the 
president of said road, summon five disinterested freeholders 
of his county who shall ascertain the value under oath, to be 
administered by the sheriff, they first deducting the enhanced 
value of the land caused by said railroad from such valua- 
tion, and adding any particular loss or damage, and upon the 
payment or tender by the president of the amount so assessed 
the title of the property so seized and appraised shall thereby 
vest iu the said corporation : Provided, That either party 
may appeal to the superior court of the county in which the 
land lies upon the question of the amount assessed : And 
provided further, That not more than one hundred feet from 
the centre of the road shall be liable to be condemned. 

Sec. 6. That the said company may have 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. 

Sec. 7. That the president and directors shall have power 
at any time to borrow money upon the bonds of the company 
and to secure the same by mortgage or other legal assurance. 

Sec 8. That the said company shall have the exclusive 
right to convey and transport passengers and freight over 
and along the said road, and at such rates as said company 
shall prescribe. 



1871-72.— Chapter US— 149. 231' 

Sec. 9. That this act shall be in force from and after 'its Termor time. 
ratification, and the said company shall have the exclusive 
right for a term ot thirty years from its full organization to 
construct and use the aforesaid railroad. 

Eatified the 3th day of February, A. D. 1ST2. JJJjJJ act to be™ 



CHAPTEE CXLIX. 

AN ACT AUTHORIZING THE COMMISSIONERS OF MONTGOMERY 
COUNTT TO LETT A SPECIAL TAX AND TO ISSUE BONDS. 

Section 1. The General AssemMy of North Carolina do Special tax levied' 
snact, That the county commissioners of the county of ofVounty. 6 " es 
Montgomery are hereby authorized to levy and collect a 
special tax of four thousand dollars upon the taxable pro- 
perty and polls of said county, tor the payment of the 
indebtedness ot said county, and in the assessment and levy 
of the same, the equation provided in section one of article 
five of the Constitution between the property and the polls 
6hall be observed. 

Sec. 2. That in order to liquidate the balance of the Coupon bond* 

issued, 
liabilities of said county of Montgomery, the commi % 

sioners of said county are hereby authorized to issue coupon 
bonds not exceeding in amount the sum of five thousand Limit, 
dollars in denominations not less than one hundred dol- 
lars : Provided, however, That the said county commie- Proviso, 
sioners shall fund no claims against the county about -which 
doubts may be entertained in relation to their validity on 
account of their connection with the rebellion ; all such 
claims to be audited and passed upon by a committee of 
three or five competent citizens appointed by the county 
commissioners for the purpose. 

Sec. 3. That said bonds shall run for ten years, with Limit and per 

.,,,,, „ . . n centage of bonds. 

interest at. the rate of six per centum per annum, payable 
semi-annually ; and the coupons on said bonds shall be 



232 



1871-72.— Chapter 144. 



Bonds to be 
signed. 



Account book 
kept by clerk. 



Redemption of 
bonds. 



Sinking 
Hted. 



fund ere 



•Security required 
for treasurer's ' -< 
bond. 



Tax levied On real 
estate and polls. 



Question of taxa- 
tion to be sub- 
mitted to voters. 



receivable in payment of the county taxe6 for any fiscal 
year in which they may fall due. 

Sec. 4. That said bonds and 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 amount and to whom issued, the amount of bonds and 
coupons received and cancelled, so that upon an inspection 
of his books the true state of the county debt may be seen, 
for which services he may receive a reasonable compensa- 
tion, to be fixed by the board. 

Sec. 5. That said county commissioners shall have the 
privilege to redeem said bonds at any time after the expi- 
ration 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 when they shall fall due. 

Sec. (3. That it shall be lawful tor said county commis- 
sioners 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. 7. The said commissioners of Montgomery 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 purpose of redeem- 
ing said bonds. 

Sec 8. That this act shall not go into force or take effect 
until the question of the tax provided for in section one of 
this act, and the question of funding the balance of the debt 
of said county as provided for in section two of this act, 
shall have been submitted to the qualified voters of said 
county for their ratification or rejection and a majority of 
said voters shall have voted in favor ot such taxation and 
funding. 

Ratified the 8th day of February, A. D. 1S72. 



187I-'72. — Chapter 150. 233 



CHAPTER CL. 

.AN ACT TO AID IN TIIE COMPLETION OF THE WESTERN DIVISION 
OF THE WESTERN NORTH CAROLINA RAILROAD. 

Section 1. The General Assembly of North Carolina do Repealing elause. 
.enact, That an act entitled An act to repeal an act to amend 
the charter of the Western North Carolina Railroad Com- 
pany, ratified the nineteenth day of August, one thousand 
eight hundred and sixty-eight, and for other purposes, 
ratified the fifth day of April, one thousand eight hundred 
and seventy-one, he and the same is hereby repealed, and 
that the said act entitled An act to amend tho charter of the 
"Western North Carolina Railroad Company, ratified the 
nineteenth day of August, one thousand eight hundred and 
sixty-eight, be and the same is hereby re-enacted with all the Re-enactment, 
rights, privileges, powers and immunities pertaining or 
granted by the said act, except as modified under the pro- 
visions ot this act : Provided, Sections seven and eight of Proviso, 
said act, ratified August nineteenth, one thousand eight 
hundred and sixty-eight, and the following words in section 
five ot said act, to-wit : " And the public treasurer is hereby 
authorized and required to make subscriptions from time to 
time for two-thirds of the stock, and make payment as 
heretofore provided by law, are not and shall not be re- 
enacted." 

Sec 2. That for the purpose of enabling the Western Appropriations of 
T ., . . _ . ,„ _- , ~ ,. ~ . money made by 

Division of the Western .North Carolina Company to prose- the Legislature 

cute the work of construction on said Western Division, the t h e completion of 
board of directors of the Western Division of said road Jg^rfW. n! 
shall faithfully apply all moneys which have come or may c - Railroad. 
come to their hands by virtue of or in consequence of any 
appropriation heretofore made by the general assembly of 
North Carolina in aid of said Western Division of said road, 
or which they may receive by or through or in consequence 
of an act ratified the twenty -fourth day of March, one thou- 
sand eight hundred and seventy, entitled An aet to provide 



33± lS71-'72.— Chapter 150. 

fur the completion of the Western Division of the Western 

North Carolina Railraad, or which have been collected or 
may hereafter be collected or obtained by or throngh the 
commissioners created under the provisions of the last named 
act on account oi any suit or suits, compromise or com- 
promises from, with or against any party or parties wl 
ever by the commissioners aforesaid or any other person 
whatsoever, in carrying on the work of construction on said 
Western Division of said road as follows : that is to say, 
the board ot directors and the commissioners aforesaid, so 
far as the latter have power, shall cause the grading oi said 

Contract for tosl<\ to be put under contract at once in such lots or quan- 
tities as they may deem best in the interest of said load, and 
shall extend the same from time to time to the utmost 
extent the moneys on hand or in anticipation will justify, 

Route of Railroad beginning at the French Broad river and following the 
main trunk line in the direction of Murphy, North Carolina, 
after first paying all that may be due to contractors or 
others who have done work on any portion ot cither branch 
of said Western Division of Western North Carolina 
Railroad. 

of U the amoZt^f Sec - 3 - Tt sha11 he the dut 7 of the president of said 

work done and Western Division and the commissioners aforesaid, on the 
moneys received. 

first day of January, May and September in each and every 
year, to publish in one or more newspapers printed in the 
town of Asheville, North Carolina, a full and fair statement 
in detail of the amount of work let to contract, the amount 
of moneys received, the amount of moneys paid out, of 
whom received and to whom paid. 
Meeting of stock- g Ea 4 That the stockholders of the Western Division of 

holders publicly 

notified. the Western North Carolina Railroad Company may meet 

in the town ot Waynesville, in the county of Haywood, 

after thirty days notice, which notice any three stockholders 

of said company may give by publishing the same in both 

of the newspapers published in the town of Asheville, and 

if a quorum of such stockholders or a majority of stock and 

the state's prosj representing the stock of the state in said 

company shall be present at such meeting, it shall be com- 



18 71-' 72.— Chapter 150. 235 

pete»t for the stockholders of the said company for causes 

satisfactory to them to remove the present board of directors. 

and any of the officers or agents of said company, and elect 

and appoint others in their stead. W. L. Love, R. V. 

Welch, T. D. Bryson, E. D. Davis, M. P. Penland, K. Board of fiirect- 

I). McCombs, Stephen Whitaker and C. D. Smith 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 Walter Brown shall be the proxy for the Fl0X * for stalc - 

state. Less than a quorum as aforesaid may adjourn from 

time to time : Provided, That in the said meeting of the Froyiso - 

stockholders, or at any subsequent meeting, it shall not be 

competent for any person claiming to own stock in said 

company to represent the same either in person or by poxy 

unless it shall be made to appear that five per centum of 

said stock has been actually paid into the treasury of said 

company. 

Sec. 5. That hereafter the speaker of the house of repre- S^i 
sentatives shall by paper writing to that effect appoint the °* tbe ^^^ 
directors and proxy to represent the stock and interest of 
the state in said company. 

Sec. €. That if the stockholders of said company shall f*™™ 1 ^*, 

remove the present board of directors or ajiy of their officers &c - 

or agents as provided by this act, and any such directors, 

6fficer 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 refusing shall fee Failure to render 

,. ' ° ° . . . , accounts of 

deemed guilty of a misdemeanor and on conviction in the money, bonds, 

superior court of the county of Haywood shall be imprisoned meanor. 

not less than one month nor more than six months and fined Penalty. 

not less than one hundred dollars nor more than five hundred 

dollars. 

Sec. 7. That if any director or officer or ager.t of said 

company shall pay, use or apply or dispose of in any way, 



236 



1871-72.— Chapter 150. 



When -ruiltyof 
embezzlement. 



Penalty. 



President and 
Treasurer to give 
bond aud security 



Commission re- 
quired to report 
to Board of Di- 
rectors. 



Disobedience of 
orders a misde- 
meanor. 



Penal L v. 



Company empow 
ered to lease or 
Bell Railroad. 



Proviso. 



directlj or indirectly, any of the money, bonds or property 
or effects of said company in the institution or prosecution 
of any suit or other legal proceedings to delay, affect or 
defeat the provisions of this act, such director, officer or 
agent so offending shall be deemed guilty of embezzlement 
and on conviction in the superior court ot Haywood 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 live hundred dollars. 

Sec. 8. That the president and treasurer elected by said 
board of directors shall give bond and sufficient security, to 
to be adjudged by the board of directors, two-thirds con- 
curring. 

Sec. 9. That the board of directors of said company are 
authorized and empowered at any time to call upon and 
require the commission appointed by an '\Act to provide for 
the completion ot the Western Division of the Western 
North Carolina Railroad," ratified the twenty-sixth day of 
March, anno domini one thousand eight hundred and 
seventy, to make report to said board of the acts and doings 
of said commission, and the said commission shall at all 
times and in all things be subject to the control and direction 
of said board of directors, and may be removed at the 
pleasure ot the said board ; and if the said commission or 
either of them shall fail or refuse to obey the orders and 
directions of said board of directors, the person so offending 
shall be deemed guilty of a misdemeanor, and on conviction 
in the superior court of Haywood county, shall be fined 
not less than one thousand dollars and imprisoned at the 
discretion of the court. 

Sec. 10. The said company, as organized under this act, 
is hereby authorized and empowered to lease or sell or 
otherwise dispose of the whole or any part of said road to 
any person or corporation upon such terms as may be 
agreed upon : Provided, In any lease or sale of said road a 
time shall be fixed within which the same shall be com- 
pleted, and in the event ot a failure on the part of the 
person or corporation taking the lease, or purchasing said 



1871-72.— Chapter 150—151. 237 

road, or any part thereof, to eomplete the same within the 
time so fixed and agreed upon, it shall be in the discretion 
of the company to extend the time for its completion or 
annul said contract. 

Sec. 11. That this act shall be in force from and alter its g£j act to bci:? 
ratification. 

Ratified the Sth dav of February, A. D. 1872. 



CHAPTE E C I, I . 

AN ACT TO INCORPORATE THE NEW EIVEE CANAL COMPANY. 

Section 1. The General Assembly of North Carolina do Corporate body. 
enact, That tor the purpose of connecting the waters of 
the Northeast river with the waters of New river by a 
canal, in the state of North Carolina, Wiltan L. Young, 
William P. Pope, their present and future associates and 
their successors, be and they arc hereby incorporated a body 
corporate under the name and style of the "New River corporate name. 
Canal Company,'- and as such corporation they shall have 
perpetual succession, may acquire, hold and possess real ^ 1 u p '-' lual succe8- 
and personal property, sue and be sued, have a common seal 
which they may change or alter at pleasure, have power to 
make by-laws for the regulation and government of the Powers and privi- 

" ° c leges grained. 

company, and to do all other acts and things which a body 
corporate may do not inconsistent with or repugnant to the 
constitution aud the laws of the state of North Carolina or of 
the United States. 

Sec. 2. That the capital stock of the said company shall Capital stock 
be one hundred thousand dollars, which shall be raised in 
such a manner as may hereafter be provided in the by-laws ; 
and the said stock shall be divided into shares of such size 
and transferred and signed in such manner as may be 
therein prescribed. 



238 



1871-72.— Chapteb 151. 



Board of direct- 
ors 



Provisi »na] board 

Of (lilt 



Business of olli- 
cers to be deter- 
mined by Ly -laws. 



!.!UCtJ011 ' f 

canal. 

Location. 
Navigation. 



Transportation 
by rafts. 



When com- 
menced. 



Kates of toll. 



Terminus. 



Sec. 3. That the business ot the said company shall be 
conducted and managed by a board of directors to be chosen 
in such manner and to consist of such number and to hold 
their offices for such period of time as may be prescribed in 

the by-laws. 

Sec. 4. That the said Wiltan L. Young, William P. 

Pope shall constitute a provisional board of directors for the 
purpose of organizing said company, and as such they shall 
have power to make by-laws, enter into contracts and do all 
other acts and things which the regular directors may do in 
the management and affairs of said company, and shall con- 
tinue in office until the regular directors are elected and 
qualified in the manner prescribed in the by-laws. 

Sec. 5. That the number of officers of said company, their 
terms of office, the duties to be performed by them shall be 
iixed and prescribed in the by-laws;. 

Sec. 6. That said company shall have power to construct 
a canal in the state ot North Carolina to connect the waters 
of the Northeast river with the waters of the North river, 
which canal shall be suitable for 'navigation by vessels, 
steamboats, barges and other water crafts, and may be used 
for transporting wood, timber, or other commodities by 
means of rafts or otherwise, under such regulations as may 
be prescribed by said company ; »id canal shall be oi such 
width and depth and general dimensions as the said com- 
pany may think proper for a canal intended for the above 
purposes ; the construction of said canal shall be commenced 
as soon after the organization of said company as may be 
practicable and shall be completed as soon as the resources 
ot the company will j ustify. The rates ot toll and the charges 
lor the use of said canal shall be fixed by said company, but 
such tolls and charges shall be uniform upon vessels or 
property of the same class or kind, and no discrimination 
shall ever be made in favor of or against any person or class 
in the use ot said canal. 

Sec. 7. That the terminus of said canal upon the North- 
east river may be at such point or at such place upon said 
river as the said company may select, and upon leaving the 



IS 71-' 72 — Chapter 151. 239 

Northeast river the said company may select such route as Liberty granted 

J- J J 10 usidj; other 

they deem iriost easy of construction, and its terminus upon streams and watet 

. courses, 

the New river shall be at any point the said company may 

select or that may be deemed advisable by said company, 
and such canal shall be constructed through such parts of 
the county between said rivers as in the opinion of said 
. company will render it most available for the purposes con- 
templated by this act, and in construction of said canal said 
company may cross over, pass through or along any of the 
creeks, water courses or bodies of water that may be passed 
on the route of said canal between the Northeast river and 
the New river, and make use of the waters of said creeks, 
water courses or bodies of water in any way that may tend 
to promote their interest in the construction or use ol said 
canal ; and to that end may construct locks and dams above f}' mle £« °f m &- 

' •> kiH.it locks and 

or below said canal upon such creeks, water courses or dams for use of 

■»• • canal. 

bodies of water, so as to turn the waters of the same into 

said canal or to use the same in receiving or discharging 

water from said canal: Provided, That no use of said Pro,yiso - 

creeks, water courses or bodies of water shall impair to 

prevent navigability of the same, and that the said company 

may construct upon and along said canal as many locks as 

they may deem serviceable for the use of said canal. 

Sec. 8. That the said company shall have the right to thronghiandl for 

enter upon any and all lands, and to pass through and over po^ ymg pur " 

all streams and bodies of water between the said termini of 

said proposed canal for the purpose of making a survey and 

location of said canal, and that in locating the same they 

may vary the route heretofore described in section the Company may 
J t vary the route, 

seventh of this act as to this company may seem most 

advantageous, the principal object of connecting said waters 

by a canal for the convenience of commerce being preserved. 

Sec. 9. That in case the said company shall be unable to Condemnation of 

agree with any of the owners of the land over which the 

said canal shall pass, according to a survey and location 

thereof first to be made by said company, they shall have 

the right to condemn so much of the said land as may be 

required for the bed of said canal, and one hundred yards 



240 1S71-72.— Chafteb 151. 

on each side thereof, and the mode of condemnation shall 
he as follows : The said company shall give notice to the 

nation° f condem " owner of the land which they desire to condemn, of their 
intention to apply to any magistrate in the county in which 
the land mqy he situated, for a jury of view and condem- 
nation. Ten days after the time of said notice, the said 
company may make their application to any of the said 
magistrates for a jury of view and condemnation, and the 

nffir r! empan ' magistrate applied to thereupon direct the sheriff of the 
county to empannel a jury of twelve men on the premises 
to be condemned, giving notice three days in advance to 
both parties litigant ot the time and place of empanneling 
said jury ; when the jury shall be eanparineled, it shall be the 

Oath adminis- duty of the said sheriff to administer to them an oath, truly 
to try the issue submitted to them, and to pass Upon the 

Counsel per- game as the trial of such issue, both parties being permitted 

mitted . . L & 1 

to produce and examine witnesses, and to be heard by 

counsel, if they should require. The jury, after having 
heard the case, shall make up a scaled verdict, which the 
sheriff shall return to the magistrate ordering the pro- 
ceedings, and the said magistrate shall enter a judgment 

Yerdict bj jury 
ldirtf. 

parties as a judgment at law. 



diet by jury upon said verdict, which shall be as binding mx>n both 

to be binding. 1 d j 



Laud condemned Sec. 10. That the said company is hereby authorized to 

at each termini. . 

enter upon and condemn tor the purpose of depots and 

landing places at each ot the termini of said canal a quantity 

of land not exceeding twenty acres at each termini, the 

condemnation to be had and made as provided in the ninth 

section of this act. 

Manner of raising Skc. 11. That the said company tor the purpose of 

obtaining money to construct said canal, may issue bonds 

Limitation. payable at the end of not more thin thirty years, to the 

Amount of bonds amount of one hundred thousand dollars, to bear interest at 

the rate of not more than eight per cenA. per annum, with 

coupons of interest attached, which bonds and coupons may 

be made payable at any place said company may select, and 

said bonds may be of such amount as the company may 

deem advisable, and to secure the payment of said bonds 



1871-7'2.— Chapter 151—152. 241 

and coupons of interest, said company may execute a mort- Mortgage cxe-^ 
gage upon all its property of every kind situated in this nty of bond*, 
state, and upon all its rights and franchises conferred upon 
it by this state, or otherwise acquired. 

Sec. 12. That this act shall take effect from the date of ^ actt0 **** 
its ratification. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CLII. 

JlK act to prevent the destruction of fish in the waters 
of black river and six runs in the counties of new 
hanover, sampson, cumberland and harnett. 

Section 1. The General Assembly of North Carolina do ***«*«&»«« 
enact, That it shall be unlawful for any person to catch or 
destroy with seins, nets, firearms, bows and arrows or by 
muddying or stirring the waters, or by striking an}' fish of 
any kind in the waters of Black or South rivers in the 
counties of New Hanover, Sampson, Cumberland and 
Harnett and of the waters of Six Runs in the counties of 
New Hanover and Sampson, between the fifteenth day of 
May and the fifteenth day of August in each and every year. 

Sec. 2. That any person violating the provisions of this Violation of act 
, . . a misdemeanor, 

.act shall be deemed guilty of a misdemeanor and upon con- 
viction thereof before any justice of the peace in the county 
where the offence was committee, shall be fined not to exceed 1>cnalt 3'- 
five dollars, which fine shall be. paid to the treasurer of the 
county where the offence was committed for the benefit of 
the school fund. 

Sec. 3. This act shall be in force from and after its ratiti- When act to take 

effect, 
■cation. 

Ratified the 8th of February, A. D. 1872. 
16 



242 



1871-72.— Chapter 150 -154. 



CHAPTER CL1II. 

AN ACT TO LEGALIZE THE ACTS OF CERTAIN COUNTY OFFICERS 
IN MACON AND JAOE80N COUNTIES FENDING THE ORGANIZA- 
TION OF SWAIN COUNTY. 



Validity of nets. 



When act to he in 
force. 



Section 1. The General Assembly of North Carolina do 
enact, That all acts of any of the regularly constituted 
officers of Macon and Jackson heretofore done in pursuance 
ot law in that portion ot their respective counties now included 
in the county of Swain, prior to and pending the election and 
qualification ot the county officers of said county of Swain, 
be and the same are hereby legalized and made valid. 

Sec 2. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER OLIY 



Boundary of 

county 



AN ACT TO CHANGE THE COUNTY LINE BETWEEN CHEROKEE 
AND SWAIN, NEAR THE RESIDENCE OF JEFFERSON GEORGE. 

Section 1. The General Assembly of North Carolina do 
enact, That the county line between Cherokee and Swain, 
near the residence of Jefferson George, be changed as fi - 
lows: Commencing on the top of the ridge above the 
meadows where the present line now runs west, and run 
due north to the top of the divide between the waters of 
the Handpole branch and Ledbetter's creek, thence north 
to the top of the ridge to the county line. 
When act 'is* be in Sec 2. This act shall be in force from and after its ratifi- 



forco. 



cation. 

Eatified the 8th day of February, A. D. 1872. 



1871- 72.— Chapter 155—156. 243- 



CHAP TEE CLV. 

AN ACT TO AUTHORIZE THE COMMISSIONERS FOR THE COUNTV OF 
FRANKLIN TO CONVEY TO THE TRUSTEES OF TRINITY CHURCH 
CERTAIN LAND. 

Section 1. The General AssemUy of North Carolina d& SSpropcfty 

enact, That the board of commissioners for the county of tu tlustees 

Franklin be and they are hereby authorized to convey to J. 

B. Littlejohn, Alexander Wilson, Morris Merritt, Royal 

Edwards and Jacob Debnam, trustees of Trinity church, in 

the county of Franklin, two acres of land, embracing the 

land on which the said church is located in the angle of the 

Warren and Nashville roads, being a pavt of the land 

belonging to Franklin county, known as the " Poor House 

Tract," to be held by the said trustees for the use and benefit 

ot the Methodist Episcopal Church South. 

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

force. 

cation. 



Ratified the 8th day of February, A. D. 1872. 



C H A P T E R C L V I . 

AN ACT TO AMEND SECTION SEVEN (7) OF CHAPTER ONE HUN- 
DRED AND TWENTY-NINE (129) LAWS OF ONE THOUSAND 
EIGHT HUNDRED AND SIXTY-NINE AND ONE THOUSAND EIGHT 
HUNDRED AND SEVENTY. 

Section 1. The General Asseiiibly of North Carolina do Amendment. 
enact, That section seven of chapter one hundred and twenty- 
nine, of the laws of one thousand eight hundred and sixty- 
nine aijd one thousand eight hundred and seventy, be 
amended by striking out in the first line thereof the word 
"fine:" Provided, That the effect of this act shall not be Proviso. 



214: lS71-'72. -Chapter 156—157. 

to disturb, injure or destroy any rights or privileges accruing 
or which have accrued to any association heretofore organized 
under the said chapter one hundred and twenty-nine, or to 
persons or corporations with whom such association have 
contracted or dealt. 

for h Je nacUobein Sec - 2 - This act slia11 be in torce from and after its ratifi - 
cation. 

Ratified the 8th day of February, A. D. 1S72. 



CHAPTER CLVII. 

AN ACT TO INCORPORATE AND CONSTRUCT A PUBLIC ROAD FROM 
JEFFERSON, IN AIISE COUNTY, TO THE MOUTH OF PHENIX 

CREEK. 

Commissione s of Section 1. The General Assembly of North Carolina do 

road. J ,J 

enact, That B. R. Brem, L. C. Gentry and W. B. Thomas, 
be and are hereby appointed commissioners to view and lay 
out and improve the public road from Jefferson, in Ashe 
county, to the mouth, ot Phenix creek. 
Dimensions of S EC . 2. That the said road shall be made twenty teet wide 

ioad. 

except where there shall be side cuttings, and in such places 

it shall be sixteen feet wide, and in no part ot 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. 

Oath adminis- g $ec. 3. That said commissioners shall take an oath before 
tered. . . ,. . . ,.. , . 

a justice of the peace tor Ashe count} 7 , to taitntully dis- 
charge their duties for the best interest of their county. 
Damages assessed Sec. 4. That if the owners ot any lands through which 
said road shall pass shall consider him, her or themselves 
injured thereby, it shall be competent for the commissioners 
named in section first ot this act to assess such damages as 
they may deem proper and just, which damages shall be 
approved by the county commissioners, and paid as other 
count}' claims. 



1871- 72.— Chapter 157-— 15S. 245". 

Sec. 5. That the county commissioners oi Ashe county Laborers called 

J J out for const ruc- 

shall have power to call out all the hands oi the county liable tkmof road. 

to work on public roads under existing laws who reside 

within two miles by compass line of said road at such times 

and tor such length ot time as will not materially conflict 

with the farming interest of the county, to construct said 

road. 

Sec. 6. That when the said road provided for in this act Dut y of trustees - 
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 
commissioners that said road has been constructed according 
to law. 

Sec. 7. This act shall be in force from and after its ratifi- When act to be in 

force, 
cation. 

Ratified the Sth day of February, A. D. 1S72. 



CHAPTER CLYIII 



AN ACT TO PROMOTE THE MINING INTERESTS OF THE STATE. 

Section 1. The General Assembly of North Carolina do Conveyance of 

, mi itt- water for mining 

enaet, lhat any person or persons or body politic or corporate purposes. 

engaged or about to ongage in mining, who may find it 

necessary for the furtherance ot their operations to convey 

water either to or from their mine or mines over the lands 

of any other person or persons, may make application in Application made 

. . . , , . . to justices of the- 

writing to any justice ot the peace of the county in which peace. 
the lands to be affected or the greater part thereof are situ- 
ated, for the right so to convey the said water. 

Sec. 2. That before making said application the applicant Time of notice, 
shall give ten days' notice to the owners of said lands of the 
time and place of said application and the magistrate before 
whom the same will be made ; said notice shall be in writing, 



2±6 1871-72.— Chapter 158. 

Shver/d n To tice imJ slia11 ])e Berved ], .V delivering a copy thereof to the 
owner of Und. owner ot said lands, or by leaving said copy at his usual place 
of residence, it ho be a resident of this state, or if lie bo a 
non-resident by posting said notice in some conspicuous 
place upon said land, and also at the court house door of the 
county. 
SSon r<>f ° P " Skc ' 3> That said application shall specify the lands to be 
affected thereby, the name or names of the owner or owners of 
said lands it they be known to the applicant, the name ot 
the occupant or occupants ot such lands, it any there be, 
arid the character of the ditch or drain intended to be made. 

furora appoints Sec. 4. That upon due proof bein2 made to the iustice 
to assess damages L l c •' 

of the peace that the notice mentioned in section two of 

this act has been given, he shall appoint three disinterested 

persons qualified to act as jurors, and not connected either 

by blood or marriage with such applicant, or the owner or 

occupant of such lands, appraisers to assess the damage, if 

any, that will accrue to said lands by the contemplated 

work, and shall issue a notice to them to meet upon the 

premises at a day specified, nut to exceed ten days irom the 

date ot said notice. 

Oathadnunis- Sec. 5. That the appraisers having met, shall take an oath 

bet. ire some officer qualified to administer oaths, to faithfully 

] lerform their duty and to do impartial justice in the case, and 

shall then examine all the lands in any way to be affected 

by the said work, and assess the damage thereto, and make 

report thereof under their hands and seals to the justice 

from whom the notice issued. 

Appeal can be Sec. 6. That either party dissatisfied with the assessment 

made to Superior • i • -i i 

•Court. of the appraisers may, within ten days thereafter, appeal to 

the superior court, having first given bond with approved 

security for the payment of the costs of the appeal. 

Kiirbt of appii- Sec. 7. That after the return of the assessment the appli- 

cant shall have full right and power to enter upon such 
lands and make such ditches, drains or other necessary 

Proviso. work : Provided, lie has first paid or tendered the damages 

assessed as above to the owner of such lands or his known 
and recognized agent, if he be a resident of this state, or 



1871- 72— Chapter 15S— 159. 24tf 

have such agent in this state. If the owner be a non-resi- 
dent and have no known agent in this state, the amount so 
assessed shall be paid by the applicant into the office of the 
clerk of the superior court ot the county tor the use of such 
owner. 

Sec. 8. That the applicant or any other person interested BegUtMiiOTt. 
may have the said assessment registered upon the certificate 
of the magistrate, and shall pay the register a fee of twenty- 
live cents therefor. 

Sec. 9. That each appraiser shall be entitled to a tee ot comp«u»iiaB. 
one dollar for each day actually employed in making said 
assessment, to be paid by the applicant. 

Sec. 10. That the magistrate shall receive a fee ot one Feeofnsagiatsats. 
dollar and no more for the issuing of notices and other ser- 
vices required of him by this act, to be paid by the applicant. 

Sec. 11. That the sheriff or other officer serving the Fee of tola. 
notices hereinbefore mentioned, shall receive the same fees 
as are allowed for such services in cases of partition of land, 
to be paid by the applicant. 

Sec 12. That any person or persons who shall obstruct g^J^JSrfe*- 
anv drain or ditch constructed under the provisions of this meaner, 
act shall be deemed guilty of a misdemeanor, and on con- 
viction thereof be punished by line or imprisonment, or Penalty, 
both at the discretion of the court. 

Sec 13. That this act shall be in force from and after its when art to »** 
ratification. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTER CLIX. 

AN ACT TO CHANGE THE TIME OF THE ANNUAL MEETING OF THE 
BO Aim OF DIRECTORS OF THE INSANE ASYLVM. 

Section 1. The General Assembly of North Carolina do Change oJ m»s 
enact, That the day of the annual mooting of the board ot 



248 



1S71-72.— Chapter 159—160. 



Repealing clause. 



directors of the insane asylum shall hereafter be the first 
Wednesday oi November in each and every year. 

Sec. 2. That all laws or parts of laws in conflict with 
act are hereby repealed. 

Ratified the 8th <!av of February. A. I). 1872. 



CHAPTER CLX. 

AN ACT SUPPLEMENTARY TO AN ACT ENTITLED AN ACT To RAISE 
REVENUE, RATIFIED THE TWENTY-FIFTH DAY OF JANUARY, 
ONE THOUSAND EIGHT HUNDRED AND SEVENTY-TWO. 



Preamble. Wherras, The general assembly at its present session, 

i'or good cause, hath superceded the work on the main 
buildings ot the state penitentiary, and therefore the tax 
heretofore levied lor said purpose is more than will be 
needed, therefore, 
Amendment.- Section 1. The General Assembly of North Carolina do 

enact, That section two of the above recited " Act to raise 
revenue," ratified as aforesaid on the twenty-fifth day of 
January, one thousand eight hundred and seventy-two, be 
Special tax levied, amended so as to read as follows : A special tax of six and 
two-third cents on the one hundred dollars shall be levied 
and collected on all the taxable property of the state to be 
applied to the erection of the penitentiary and support of 
convicts. 

Sec. 2. That section two of said act be amended by strik- 
ing out " one dollar and five cents,' 1 and inserting in lieu 
thereof " ninety-five cents. 1 ' 

Sec. 3. That this aot shall be in force from its ratification. 

Ratified the 8th day of February, A. D. 1S72. 



Amendment. 



When act to take 
effect. 



1ST 1-' 72. —Chapter 161—162. 240 



CHAPTER CLXI. 

AN ACT TO TRANSFER CERTAIN CAPES LEFT UNDISPOSED OF BY 
THE LATE COUNTY COURTS. 

Section 1. The General Assembly of North Carolina do Estate? &c° f 
enact. That all cases for the sale of real estate of assets here- cot made before 

3 _ _ the present con- 

tofore in the county courts, in which only final orders for stitntion may be 

■,, , t" • t p transferred to Su- 

collection and application or distribution of purchase money perior Court 
and making titles were not made before the adoption of the 
present constitution, may at the instance of any person 
interested, be transferred as other cases to the superior 
court of the county where such proceeding was pending, 
and that such court shall have full authority to make all 
necessary orders to complete the same : Provided, This shall Proviso, 
not apply to cases litigated at time of passage of this act. 
Ratified the 8th day of February, A. D. 1872. 



CHAPTER CLXII. 

AN ACT AUTHORIZING THE CONSTRUCTION OF A TOLL BRIDGE 
ACROSS THE CAPE FEAR RIVER AT LILLINGTON, HARNETT 
COUNTY. 

Section 1. The General AssemSly of North Carolina do Cprporate body. 
enact, That "W. E. Murchison, J. A. Cameron, J. E. Grady, 
NeillMcKay, Daniel IT. McLean, A. J. Kenitt, J. B. Hon- 
rine, W. F. Marsh, J. T. Rogers, R. Barnes, B. F. Shaw, C. 
S. Barbee, J. G. Brown, J. O. Johnson, II. II. Vestal, N. 
S. Stewart, Jas. S. Harrington. Jos. M. Turner, John A. 
Spears, and such other persons as they may associate with 
them and their successors, be and they arc hereby con- 
stituted a body politic, with corporate privileges under the 
name and style of the " Lillington Bridge Company," and Corporate name. 



250 



1871-'72.— Chapter 162. 



Kate of toll to be 

lished by 
commissioner . 



Penalty. 



Indictment. 



Toils. 



Limitation. 



When act to be in 
force. 



in. that name to have succession, sue and be sued, plead and 
be impleaded, and make such rules and regulations as they 
may deem necessary for the construction of and keeping up 
a public bridge across the Cape Fear river at Lillington. 

Sep. '2. That the amount ot tolls to be charged and 
received by the said Lillington Bridge Company shall be 
determined by the board of county commissioners of Harnett 
county, whose duty it shall be to establish the rate of toll to 
be charged for eiossing said bridge, and cause the same to 
be entered on record. 

Sec. 3. That it' any person or persons after the comple- 
tion of said bridge shall pass over the same and refuse to 
pay the toll fixed by law, that every such person or persons 
shall forfeit and pay the sum of five dollars, to be recovered 
by the said company by warrant before a justice of the 
peace. 

Sec. 4. That in case of tlie failure on the part of said 
company to keep the said bridge in good repair so that the 
public may cross in safety, the said owners shall be subject 
to indictment in the superior court of Harnett county, and 
be lined at the discretion of the court. 

Sec. 5. That alter the completion of said bridge it shall 
not be lawful for any public ferry to charge tolls within four 
miles ol said bridge. 

Sec. 6. That the grant shall continue for the sjmce of 
thirty years. 

Sec. 7. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1S72. 



1S71- 72.— Chapter 163. 251 



CHAPTER CLXIII. 

AN ACT TO LAY OFF, ALTER AND ESTABLISH A PUBLIC ROAD 
FROM THE TOWN OF STATESVILLE, IN IREDELL COUNTY, TO 
THE TOWN OF WILKESBORO', IN WILKES COUNTY. 

Section 1. The General Assembly of JS T orth Carolina do Commissioners. 

enacts That Col. S. A. Sharpe, J. II. Stevenson and J. W. 

Williams, of the county of Iredell ; Robert Steel, Sr., Noah 

Deal and Dr. James E. King, ot Alexander county ; Richard 

L. Hicks, Harrall Hays and J. G. Hall, of Wilkes county, 

be and they are hereby appointed commissioners, and they 

or a majority of them shall have power to survey and locate Location. 

and establish a public road from the town of Statesville, in 

Iredell county«M.he nearest and most direct practicable route 

to the town of Wilkesboro', in Wilkes county ; and they 

shall locate and designate said road by stakes and marks, 

and they shall have power to assess to the owners of any 

hinds over which said road may be established such damages Assessment for 

. • 1 i t i t -n i damages, 

as they may sustain thereby ; and they shall make a plat ot 

the route of said road and a particular and accurate discrip- 

tion thereof, and an accurate statement of the damages 

assessed to each landholder, all ot which shall be in writing, 

signed and sealed and reported to the county commissioners 

of the county in which the assessments are made, and when 

confirmed by said county commissioners, said assessments When assess- 
ments become 
shall be claims against the county in which the land lies, to claims. 

be paid as other county claims now are. 

Sec. 2. That the county commissioners of each county Overseers ap- 

. . pointed. 

through which, said road runs shall appoint the overseers to 
open and make said road and to allot to each overseer the 
■particular part ot the road each overseer is to make, staring 
at what point or points said overeer or overseers are to com- 
mence, and at what point or points said oveieeer or overseers 
are to stop, also giving the said all the hands which are now 
by law liable to work on public roads who reside within 
three miles of said road, a compass line. 



252 



13? l- } 72— Chapter 13S. 



Overseers gov- 
erned by laws. 



Proviso. 



Penalty. 



Apportionment 
of hands. 



Compensa'ion. 



Guage of road. 



Oath adminis- 
tered. 



Power of over- 
seer. 



Proviso. 

Limitation. 
Completion of 
road reported. 



Sec. 3. That the said overseers of said road when 
appointed as set forth in the second section of tins act, shall 
be liable to and governed by all existing laws ot the state 
governing overseers over public roads: Provide^ howi 
That any oveneers so appointed refusing to receive his 
appointment and failing to discharge his duty as such, k 
be guilty of a misdemeanor, and on conviction bo fined i r 
imprisoned, or both, at the discretion oi the court. 

Sec. 4. That the county commissioners of each county 
through which said road runs, shall apportion the hands to 
open said road among the several overseers in the counties in 
which they reside, and said hands, when apportioned am< 
said overseers, shall be liable to all the laws ot the state now 
in force on the subject of opening and keeping up the public 
roads of the state. 

Sec. 5. That the commissioners appointed in the first 
section of this act to lay off and locate said road, shall each 
be allowed one dollar per day for the time they may be 
actually engaged in surveying and locating said road, to be 
advanced by the county commissioners of their respective 
counties, and to be paid as other county claims now are. 

Sec. 6. That said commissioners shall locate said road so 
that no part thereof shall have an ascent ot more than one 
foot vertical to ten feet horizontal, and said road shall be 
made twenty feet wide, except where there shall be side 
cuttings, and in such places it shall be sixteen feet wide ; and 
said commissioners shall take an oath before some justice ot 
the peace to perform the duties herein required ot them 
faithfully and impartially, and to the best interest of their 
respective counties. 

Sec. 7. That the overseers appointed in section two ol 
this act shall have power to call out all the hands allotted 
them to open said road at such times and for such length of 
time as will not materially conflict with the farming interest 
of said hands : Provided, That no person shall be required 
to work on said road more than thirty days in any one year. 

Sec. 8. That when the said road provided for in this act 
has been constructed as hereinafter provided for, it shall bo 



1S71- 72.— Chapter 163—164. 253 

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. This act shall be in force from and after its ratifi- When act to be in 

force, 
cation. 

Ratified the 8th day of February, A. D. 1872. 



CHAPTEE CLXIV. 

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO AUTHORIZE 
ALBEMARLE SWAMP LAND COMPANY TO CONSTRUCT A RAIL- 
ROAD FROM PANTEGO TO INDIAN RIVER IN BEAUFORT COUNTY. 

Section 1. The General Assembly of North Carolina do Amendment. 
enact, That section one of chapter one hnndred and sixty- 
four of the acts one thousand eight hundred and seventy 
and one thousand eight hundred and seventy-one, ratified 
the thirtieth day of March, one thousand eight hundred and 
seventy-one, be amended so as to read Indian run instead 
of Indian river, and also after the word railroad to insert 
the words " or tram road." 

Sec 2. That the rights and privileges which can be Rights and privi- 
acquired by the said Albemarle Swamp Land Company in L " 
and to any lands across which they are authorized by said 
act to construct a railroad or tram road shall not be con- 
strued to extend beyond an easement, and exclusive right of Ligation, 
way, along the line condemned to their use, under the provi- 
sions ot said act for the period of thirty -years. 

Sec 3. That cither the Albemarle Swamp Land Company Freeholders ap- 
., ■. , , . T . , .. , ' pointed to assese 

or the owners ot any land over which said railroad or tram lands. 

road may be laid out may apply to the county commissioners 

of Beaufort county to appoint five disinterested freeholders, 

who after being duly sworn by a justice of the peace to act 

impartially, shall proceed to view the lands so applied to lie 



254 



1 371'-T2. — Chapter 164 — 165. 



Extent of dam 
nsjes done G. 1- 
Wind lev. 



assessed, and shall assess the damages according thereto by 
reason ol the building of said rail and tram road, estimating 
also tlic benefit to said lands, and shall also inquire whether 
George L. Windley lias sustained special damage by the 
location of said road on his ditch bank, and to what extent. 
Removal ol road. j[ any, and whether the removal of said road therefrom be 
necessary to the ends of justice between the parties, and 
their award shall in all respects be final, unless appealed from 
in thirty days. 

Sec. 4. So much of the act of one thousand eight hundred 
and seventy and one thousand eight hundred and seventy 
one, chapter one hundred and sixty-four, as comes in conflict 
with the provisions of this act is repealed, and no more. 

Ratified the 8th day of February, A. I). 1872. 



Repealing clause. 



CHAP TEE CLXY. 

AN ACT TO CHANGE THE TENTH AND ELEVENTH JUDICIAL 

DISTRICTS. 



Change of judi 

cial district. 



Term- el' court. 



All legal proceed- 
ings made return- 
able to the term 
of said court as 
rixed by this act. 



Section 1. The General Assembly of North Carolina do 
enact, That the county of Ashe shall hereafter be and remain 
a part of the tenth judicial district, and the county of 
Henderson shall be and remain a part of the eleventh j 
cial district. 

Sec 2. That the superior courts of the county oi Ashe 
shall hereafter be held on the eighth Monday after the third 
Mondays of March and August of each year; and the superior 
court for the county of Caldwell, on the tenth Monday after 
the third Monday of March and August. 

Sec. 8. That all process, recognizances, and other le. 
proceedings in civil and criminal actions which have already 
been issued or may hereafter be issued and had returnable 
to spring term, one thousand eight hundred and seventy-two,. 
of the superior courts of Ashe and Caldwell counties, shall 



1871-72.— Ghaptee 166, 255 

be deemed and held leturnable to the term of said court as 
now fixed by this act, and all persons who have been recog- 
nized or bound or summoned to appear at the spring term 
of said court for the year one thousand eight hundred and 
seventy-two, are hereby required to appear at the term 
thereof as prescribed in this act. 

Sec. 3. This act shall be in force from and after its ratiii- JYJjf* act to be in 
catiou. 

Ratified the Sth day of February, A. D. 1S72. 



CHAPTER CLXYI. 

AN ACT TO PROHIBIT THE SALE OF INTOXICATING LIQUORS Hi 
THE TOWN OF SWANSBORo', OR WITHIN SIX MILES THEREOF, 
IN THE COUNTY OF ONSLOW. 

Section 1. The General Assemlly of JSorth Carolina do Prohibition. 
enact, That it shall be unlawful to sell intoxicating liquors 
in the town of Swansboro', or within six miles thereof, in 
the county of Onslow. 

Sec 2. That any person or persons violating this act shall Penalty. 

be guilty ot a misdemeanor, and on conviction thereof shall 

be lined and imprisoned at the discretion of the judge. 

Sec. 3. This act shall be in force from and after its ratiii- Whena* tobem 

force. 

cation. 

Ratified the Sth day of February, A. D. 1872. 



256 



1871-72. — Chapter 167—168. 



CHAPTER CLXVII. 

AN ACT TO AMEND SECTION TWO, CHAPTER SIXTY-SIX, OF PUBLIC 
LAWS OF ONE THOUSAND EIGHT HCNDRED AND SIXTY-NINE 
AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY. 



Amendment. 



Appointment of 
commissioners. 



Survey and loca- 
tion of a part of 
Jefferson and 
Sparta road. 



Oath adminis- 
tered. 



Repealing clause. 



When act to take 
effect. 



Section 1. The General Assembly of North Carolina do 
enact, That section two, of chapter sixty-six, ot the public 
laws of one thousand eight hundred and sixty-nine and one 
thousand eight hundred and seventy, shall be so amended as 
to read as follows : That Andrew Dixon, William R. Colvert, 
and Solomon Cox be and are hereby appointed commis- 
sioners to survey and locate that part of the Jefferson and 
Sparta road from the south fork of New river, at Charles 
Reives', in Ashe county, to the Mndpike road, at or near 
Center church, hy way of Solomon Cox's. 

Sec. 2. That the above named commissioners shall take 
an oath before a justice ot the peace of said county to faith- 
fully discharge their duties according to section two, chapter 
sixty-six, of the public laws ot one thousand eight hundred 
and sixty-nine and one thousand eight hundred and seventy. 

Sec. 3. That all laws or parts of laws coming in conliict 
with this act are hereby repealed. 

Sec. 4. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 9th day of February, A. D. 1872. 



CHAPTER CLXVIII 



AN ACT CONCERNING THE TAXATION OF BANKS. 



Repealicg clause. 



Section 1. The General Assembly of North Carolina do 
enact, That so much of any charter of incorporation or other 
act passed by the general assembly at this session or hereto- 



1S71- V 72.— Chapter 16S- — 169. 257" 

fore, as provides for any other rate or mode ot taxation than 

that required by the provisions ot an act entitled an act to 

raise revenue, ratified the — day ot January, anno domini 

one thousand eight hundred and seventy-two, be and the 

s-atne is hereby repealed. 

Sec. 2. That this act shall take effect from its ratification, ^henaet to take* 

effect. 

Ratified the 9th day of February, A. D. 1S72. 



CHAPTE R C L X I X . 

AX ACT FOU THE BETTER REGULATION AM) PROTECTION OF THE 
PUBLIC LIBRARIES. 

Section 1. The General Assembly of North Carolina do Appointment of 

'' tih6 trustees of tTi t* • 

enact. That the governor and judges of the supreme Superior Court 
court and their respective successors in office are appointed 
trustees of the supreme court library, and all moneys appro- 
priated for its increase shall be laid out under their direction 
and supervision. That the judges or a majority thereof, or Governor and one 

. , , . . i ii ' ■ Judge constitute 

the governor and one ot the judges shall constitute a a. quorum. 
quorum. The clerk of the supreme court shall have charge Clerk of Superior 

. « ,., . , -i i /• i 1 I onrt to hare 

of the court library ana be responsible for the same under charge of Stat* 
such rules and regulations, and entitled to such remunera- Remuneration. 
tions as the trustees may prescribe to be paid from the funds 
appropriated to said library. 

Sec. 2. The sum appropriated bv section one, chapter Distributior of 

, ' appropriations. 

ninety-four, ot the revised code, shall be equally divided 
between the supreme court library and the public library. 

Sec. 3. That the governor, superintendent of public Governor, Super- 

' L l intendent of In- 

instructiou and the secretary of state, and their respective structkmandSee. 

. . i i i. fctate made trns- 

successors in office, are appointed trustees ot the public aaesforthepni*. 
libraries, documents and all books, papers and manuscripts books,'state pa- 
belonging to the state of North Carolina; and under their gfate. ° f the 
directions all moneys appropriated shall be expended, 
whether to the increase of the library or other purposes, 
17 



-2. r *s 1871-72.— Chapter 160—170. 

;i>ar uf Librarian. except t } ie sa ]. irv f t j ie librarian, which shall be the same a* 
specified in chapter seventy, section one, of the lawsoi one 
thousand eight hundred and seventy and one thousand 

Twa trustees may eight hundred and seventy-one. Any two of the trustees 

• constitute a quo- v " 

.rum. may constitute a quorum tor the purpose of transacting any 

business; and the board of trustees shall make rules and 
regulations by which the librarian shall be governed for the 
protection and preservation of the books and library. 

Residue of money Sec. 4. That any residue of the annual appropriations fur 

to be divided be- -,•■,■ " ... 

tween supreme the public library, remaining in the treasury on the first day 

•Court Library and , . T . . . , , " , 

Public Library, day ot January, one thousand eight hundred and seventy- 
one, shall be equally divided between the supreme court 
library and the public library, to be expended as provided 
in sections one and three ot this act. 

Whenact to take Sec. .">. This act shall be in force from and after its ratifi- 
eftect. 

cation. 

Ratified the 9th day ot February, A. D. 1872. 



CHAPTER CLXX. 

AN ACT SUPPLEMENTAL TO AN ACT ENTITLED AN ACT TO ANNEX 
A PORTION OF MACON COUNTY TO CLAY COUNTY. 

Surveyors ap- Section 1. The General Assembly of North Carolina do 

pointed. , . J ^ 

enact, That George N. McClure, Jesse Stepp and 2\. "W". 

Moore, or either of them, are hereby authorized as surveyors 

to employ such assistance as may be necessary and run and 

make the line between the counties of Macon and Clay, 

Boundary of line, beginning on the line of Macon county, at the corner of 

Clay and Cherokee counties, on the top of the ridge dividing 

the waters of Choga and Fires creeks, and following the line 

as indicated in act ratified af the present session ot the 

general assembly, annexing a portion qt Macon county to 

Clay county. 



18Tl- r 72i— Cdafteb 170-171. 25*9 

Sec. 2. The said surveyors shall, as soon as practicable Report of pro- 

i ecediDge to be 

.after making said survey, report their proceedings to the made to Board oi 

° ... . Corn mission ers. 

"boards ot county commissioners of their respective counties. 

and when said report and survey shall have been received 

and confirmed by the board of county commissioners ot their 

-•counties respectively, their said line so marked by so id 

surveyors shall be the lawful boundary line between said 

counties. 

Sec. 3. The expense of said survey shall be paid bv Clav ^l^sesof sm- 
count}'. 

Sec. 4. This act shall be in force from and after its ratitf- SS^ t0bein 
-cation. 

Ratified the 9th day of February, A. D. 1S72. 



CHAPTER CLXXI. 

..AN ACT TO DIVIDE N0RT1I CAROLINA fNTO EIGHT CONGRES- 
SIONAL DISTRICTS. 

Section 1. The General Assembly of North Carolina do Representation 

. . m Congress. 

enact, That for the purpose of selecting representatives in 
the congress of the United States, the state of North' Caro- 
lina shall be divided into eight districts, as follows : 1st District. 

The first district shall be composed of the counties of Cur- 
rituck, Camden, Pasquotank, Perquimans, (rates, Chowan, 
-Hertford, Hyde, Beaufort, Pitt, Pamlico, Bertie, Martin, 
Washington, Tyrrell and Dare. 2d District. 

The second district shall be composed of the counties of 
Edgecombe, Wilson, Greene, Wayne, Lenoir, Jones, Craven, 
Northampton, Warren and Halifax. 3d District. 

The third district shall be composed of the counties of 
-Onslow, Duplin, Sampson, Harnett, Cumberland, Bladen, 
■Columbus, Brunswick, New Hanover, Carteret, Moore; m ' District. 

The fourth district shall be composed of the counties of 



260 



1871-'72.— Chapter 171—172. 



5th District. 



6th District. 



7th District 



Sth District, 



"When act to be in 
force. 



Johnston, Wake, Chatham, Orange, Granville, Franklin, 
Nash. 

The fifth district shall be composed of the counties of 
Randolph, Davidson, Guijford, Alamance, Person, Caswell, 
Rockingham, Stokes. 

The sixth district shall be composed of the counties of 
Robeson, Montgomery, Richmond, Anson, Stanly, Cabarrus, 
Union, Mecklenburg, Gaston, Lincoln, Catawba. 

The seventh district shall be composed of the counties of 
Forsyth. Snrry, Yadkin. Davie, Rowan, Iredell, Alexander, 
Wilkes, Alleghany, Ashe, Watauga. 

The eighth district shall be composed of the counties of 
Caldwell, Burke, Cleaveland, Mitchell, Yancey, McDowell, 
Transylvania. Buncombe, Madison, Haywood, Jackson, 
Swain, Macon, Clay, Graham, Cherokee, Rutherford, Polk 
and Henderson. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 9th day of February, A. I). 1872. 



C II A P T E R C L X X I I . 

AN ACT T" LAV OUT AND CONSTRUCT A PUBLIC K0AD FROM 

Phillips' gap, on the blub ridge, to Hamilton's mills, in 
ashe county. 



Commissioners 
appointed. 



WirttL of roaci. 



Section 1. The General Assembly of North Carolina do 

enact, That Isaac Goodman, Elisha E. Phillips and J. F. 
Taylor, be and they are hereby appointed commissioners to 
run ont and locate a public road from Phillips' Gap, on the 
Blue Ridge, to Hamilton's Mills, in Ashe county, on the 
most direct and practicable route. 

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 feet wide. 



19,71-' 72.— Chapter 172—173. 261 

Six:. 3. That the said commissioners appointed in the first Graded road 

. and damages. 

section of this act. shall locate said toad so that on ascending 

any hill cr mountain it shall not rise more than one foot in 

ten. That it shall be the duty of said commissioners to 

assess such damages as in their judgment may seem just and 

correct, and report to the county commissioners, and when 

such report shall be made and continued by the county 

commissioners the same shall be paid as other county claims. 

Sec. 4. That the county commissioners shall have power Power of Com- 

._ . niissioners. 
to appoint overseers to open said road, also to call out all the 

bauds liable to work on public roads under existing laws 
who reside within three miles of said road by compass line, 
at such times and for such length of times as will not mate- 
rially conflict with the farming interest of the county, to con- 
struct said road. 

Sec. 5. That when the said road provided for m this act Report to lie 

1 made on coinple- 

has been constructed, as herein provided, it shall be the duty tionof road. 

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 lias been constructed according 

to law. 

Sec. 6. That this act shall be in force from and after its When act to take 

cnect. 

ratification. 

Ratified the 9th day of February, A. I). 1872. 



CHAPTER CLXXIII. 

AN ACT TO AMEND SECTION ONE HUNDRED AND THIRTY-ONE OF 
THE CODE OF CIVIL PROCEDURE, 

Section 1. The General Assembly of North Carolina do Amenduiv.y 
enact, That section one hundred and thirty-one (131), of the 
code of civil procedure, be amend hy striking out the words 
" may in his discretion," in the fifteenth line, and inserting 
and substituting the word "shall." 

Sec 2. This act shall be in force from its ratification. when act to take 

Ratified the Oth day of February, A. I). 1S72. effcct - 



962 



1871-72.— Chapter 174. 



H A P T E II C L X X I V 



AN ACT CONCERNING REPRESENTATION IN THE SK.X.VI K. 



Members of Sen- 
ate elected by 
new apportion- 
ment of State. 



1st district sendi 
two senators. 

2d district two 
enatois. 

'M diet one sen. 



4th dis. oll sen 
"tli dis. one seu. 
lith dis. one sea. 

7th dis. two sen. 

8th dis. one sen. 
9th dis. one sen. 

10th dis. two seu. 
] 1th dis one sen. 

12th dis. one sen. 
13th dis one sen. 

14th dis. on( - 
15th dis one sen. 

1.6th dis. on 



Section 1. The General Assembly of North Carolina do 
enact} That after the present session of the general assembly 
and until the iirst session of the general assembly which, 
shall be alter a new apportionment ol the state shall be had 
in accordance with the terms of the constitution and laws ot 
North Carolina, the senate shall be composed of members 
elected from districts constituted as follows : 

First District: Currituck, Camden, Pasquotank, Hertford,. 
Ghates, Chowan and Perquimans shall elect two senators ; 

Second District: Tyrrell, Washington, Martin, Dare, 
Beaufort and Hyde shall elect two senators; 

Third District : Northampton and Bertie shall elect one- 
senator ; 

Fourth District : Halifax shall elect one senator; 

Fifth District : Edgecombe shall elect one senator ; 

Sixth District: Pitt shall elect one senator: 

Seventh District : Wilson, Nash and Franklin shall elect 
two senators ; 

Eighth District : Craven shall elect one senator; 

Ninth District : Jones, Onslow and Carteret shall elect 
one senator ; 

Tenth District : Duplin and Wayne shall elect two sena- 
tors ; 

Eleventh District: Greene and Lenoir shall elect one 
senator ; 

Twelfth District: New Hanover shall elect one senator; 

Thirteenth District: Brunswick: and Bladen shall elect 
one senator : 

Fourteenth District: Sampson sball elect one senator; 

Fifteenth District: Columbus and Robeson shall elect- 
one senator : 

Sixtmiili District: Cumberland and Harnett shall elect 
one senator ; 



1871-72.— Cn after 10-1. 



26$ 



Seventeenth District: Johnston shall elect one senator; mh dis. one sen. 
Eighteenth District : Wake shall elect one senator ; 18th dis - one 8eH - 

Mneteenth District : Warren shall elect one senator ; ^ h dis - one sen - 
Twentieth District: Orange, Person and Caswell shall aotk dis. two sen, 
elect two senators ; 

Twenty-first District : Granville shall elect one senator ; 2ist dis. one sen, 
Twenty-second District : Chatham shall elect oue senator ; 22d dis. one B »». 
Twenty-third District: Rockingham shall elect one 33d dis. one sen. 

senator : 

Twenty-fourth District : Alamance and Guilford gWlMakHrowt 

elect two senators : 

Twenty-fifth District : Randolph and Moore shall elect 25th dis. one sent 

one senator ; 

Twenty-sixth District : Richmond and Montgomery shall »th dis. one sem 

elect one senator ; 

Twenty-seventh District: Anson and Union shall elect 27th dis. one sen. 

one senator: 

Twenty-eighth District : Cabarrus and Stanley shall elect 38th dis. one sen, 

one senator ; 

Twenty-ninth District: Mecklenburg shall elect one 29th dis. one sen. 

senator : 

Thirtieth District: Rowan and Davie shall elect one eotn dis. one sei*. 

senator: 

Th.irty-f.rsi District : Davidson shall elect one senator; 81st die. one sen 

Thirty-seomd District : Stokes and Forsyth shall elect 3?d dis. one sen. 
one senator ; 

Thirty-third District: Surry and Yadkin shall elect one 33d dis. one .en. 
senator : 

Thirty-fourth District; Iredell, Wilkes and Alexander situ dis. two sen. 

shall elect two senators ; 

Thirty-fifth. District: Alleghaney, Ashe and Watauga 33th dis. *ne sen. 

shall elect one senator : 

Thirty-sixth District: Caldwell, Burke, McDowell, w* di8 - tv0 6en 
Mitchell and Yancey shall elect two senators : 

Thirty-seventh District: Catawba and Lincoln shall elect 37th dis. on*s<n. 

one Senator ; 

Thirty-eiyldh- District: Gaston and Cleveland shall elect :38th dis. one sen, 
one senator : 



mi 1871-'72.— Chapter 174^-175. 

89th dis. one sen. Thirty-ninth District : Rutherford and Polk shall elect 
one senator; 

40th ate one sen. Fortieth) District: Buncombe and Madison shall 
one seuator ; 

4ist dis one sen. Forty -first District : Haywood, Henderson and Transyl- 
vania shall elect one senator; 

42i dis on« sen Fort y-sc-ond District : Jackson, Swain, Macon, Cherokee, 
Clay and Graham shall elect one senator. 

when act to take Sec. 2. This act shall he in lorce from and after its ratiti- 

eSfect cation. 

Ratified the 9th day of February, A. D. 1872. 



CHAPTER CLXXV. 

AN ACT SUPPLEMENTAL TO AN ACT PASSED AT THE PRESENT 
SESSION OR THE GENERAL ASSEMBLY, ENTITLED AN ACT TO 
LAY OFF AND ESTABLISH A NEW COFNTY IJY THE NAMF. OF 
GRAHAM. 

Rights «f county. Section 1. The General Assembly of North Carolina do 
enact, That the county of Graham shall be and is hereby 
invested with all rights, privileges and immunities of other 
counties in this state except as is hereinafter provided. 

■Surveyor. Sec 2. Is". G. Philips is hereby authorized as surveyor 

to employ such assistance as may be necessary, and run and 
make the line between the county of Graham and the 

Boundary of line, county of Cherokee, Ix^ginning on the North Carolina and 
Tennessee states 1 line, in Cherokee county, and following the 
line as indicated in an act, ratified at the present session of 
the general assembly, establishing the county of Graham. 

Election of^coun- Sec. 3. An election shall be held in the county of Graham 

ity office™. - qjx tbe firgt Tlmrsdav j n October, one thousand eight 

hundred and seventy-two, for the purpose of electing a clerk 
of the superior court, a sheriff, a treasurer, a register ot 
deeds, a surveyor, five commissioners and a coroner who. 



1S71--72. — Chapter 175. 265 

after having qualified and filed bonds, as required by law, 
shall rill their respective offices until their successors shall 
have been appointed or are elected at their next regular 
election and shall have legally qualified. 

Seo. 4. At the same time, as specified in the foregoing J?* rnsh :p ele<> 
section, a township board of trustees shall be elected in each 
of the townships in the county of Graham as they now 
exist, who shall hold their offices until the first Thursday in Till) of service. 
August, one thousand eight hundred and seventy-fours and 
until their successors shall have been qualified according 
to law. 

Sec. 5. It shall be the dutv of the sheriff of Cherokee S n notice of 

electicn. 
county, immediately after receiving a certified copy of this 

act, to advertise by posting a notice at some public place in 

each township, in the county of Graham, that an election 

will be held in said county and in each of said townships on 

the first Thursday in October, one thousand eight hundred 

and seven ty -two, for the purpose of electing the officers 

.aforenamed in sections four and five of this act. 

Sec. 6. It shall be the duty of the county commissioners Sheriff and Com- 

■' •' nnssioners to 

ot Cherokee county and the sheriff' of said county, to make make arrauge- 

". . j, merits for hold- 

all necessary preliminary arrangements for holding the ing election. 

election aforesaid and at the time aforesaid, in the same way 

and manner as if the said election was to be held in the 

county of Cherokee at a regular election ; and it shall be the 

further duty of said sheriff' to superintend the holding ol 

said election in the same way and manner as if it was held further duty of 

J sheriff 

in the county ot Cherokee only, and see that the returns 
thereof are duly authenticated and returned to the commis- 
sioners of Cherokee county, at the court house, in Murphy, 
on the second Thursday in October next, one thousand 

eight hundred and seventy two, who shall meet at that time Meeting of Com* 

n .... . nusBioners 

and place for receiving, compairing and announcing the 

result ot said election and issuing certificates to such per- Certificates 

i n i -ii i l !• issued, 

sons as shall have received the greatest number of votes for 

the several offices as above enumerated, which several certifi- 
cates shall be delivered to the sheriff elect for Graham 



266 is: 1-72.— Chapter 175. 

county to be delivered by him forthwith to the parties- 
entitled thereto. 
tormeettnff^f 6 ^ Kc> *?' ^he nrft ra ®eting of the county commissioners of 
commissioneie. Graham county shall b* held at Kind's and Cooper's store, 
<>n the waters of Cheoab river, on the third Monday in 
October, one thousand eight hundred and seven !v two. fur 

paths adminis- t ] ie -purpose of taking the oath of office to ho administered 
lered. ' * o 

by any acting justice ot the peace residing in the county of 
Cherokee, and said commissioners after having qualified 
shall be deemed and taken to be, and shall be duly organized 
a board ot commisioners for the county of Graham, with all 
Rights and prhi- the ordinary rights, privileges and powers of such board in 

leges of board. J & g ' J . rt t 

the several counties ot this state. 

Selection of place Sec.- 8. The commissioners ot Graham countv shall at. 
for holding Bnpe- .... . . . »>■»*■ 

rior Court. their tirst meeting-, which may be continued from Monday 

until Sunday inclusive, select and fix upon a place tor hold- 
ing the superior court and commissioners' courts until a 
permanent seat of justice shall be determined upon and a 
temporary court house erected thereat. 

Bunds tiled du- g EC# o. The sheriff and other officers to be elected under 

ring brst meet- 
ing, the provisions of this act whose duty it shall be to file bonds 

shall file the same during the first meeting of the board 

aforesaid, after which they shall have authority and exercise 

the rights given respectively to the same officers in the other 

counties ot this state. 

Failure of bond §eo» 10. Any officer who shall be elected at the election 
significant of re- ......... . . . . . ... 

fnsai to fi l office, provided lor 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 of commissioners of Graham county, shall be taken as- 
declining to fill such office and a vacancy shall exist to be 
filled according to law. 
Official duties Sec. 11. That the county officers in the county of Cherokee 

Uheroki shall continue in the exercise of all their official duties 

election, within the limits of Graham until the commissioners of 
Graham county are elected and qualified in the same manner 
and to the same extent ss if the county ot Graham had not 
been established. 



lS71-7±— OnAFi'KR lib. 267 

Sec. 12. That all the civil case;, that shall remain on the Transfer of cm! 

oases from 8up-- 

SHpenor court docket of Cherokee county, including those vior Court docket 

*>n the dockets o| the judo-e of probate of Cherokee county, 

after the first day of October, one thousand ei^ht hundred 

and seventy-two, in which both plaintiff and defendant are 

citizens of Graham county, shall be transferred by the clerk 

:>f the aforesaid oi' Cherokee county for trial, under the same 

Fules and regulations that govern the removal of causes 

from one county to another, except that no order or affidavit 

ot the court shall be necessary thereto, and it shall be the 

duty of said clerk to deliver the transcript of record of such 

suits to the clerk of the superior court ot Graham county at 

least twenty days before the spring term, one thousand 

eight hundred and seventy-three, 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 prepare a docket 

for the trial of causes and to place the causes transmitted in 

the same order that they stood on the docket of Cherokee. 

Sec. 13. That where criminal actions are now pending 
in the superior court against any citizen ot the county ot 
Graham, or where any shall be instituted at spring term, one 
thousand eight hundred and seventy-two, the same shall be 
continued and prosecuted therein, as now provided by law. 

Sec. 14. That all j^ersoris who may be liable to imprison- Prisoners. 
ment under any process, either civil or criminal, in Graham 
county before the completion of the jail therein, may be 
committed to the jail of Cherokee county. 

Sec. 15. There shall bo a superior court opened and held Term of Superior 

... jp , , ,. , r , . , , Court. 

lor the county oi Granam v.u tiie arst Monday in March, 
one thousand eight hundred and seventy-three, and regularly 
in each and every year thereafter as may l>e prescribed b\ 
law. at such places as may be determined upon according to 

royisions of section eight of this act, and the judge ot Presiding Judge, 
twelfth judicial district shall preside thereat. 
Sec. 16, That X. Qr. Philips, James Latham James W. Commissioners 
Cooper, Cte Ilyattand Hamilton Hays, of Cherokee county, clboose a site f or 
. ;d they are hereby appointed commissioners to select 8eat of •i ,Jstlcc ' 
determine upon a site for a permanent seat of justice 



268 1871-'72.— Ohapteb 175. 

Time and place n ,1 , ? r< i . , ., in 

of meeting. for the county of (jraham, and for that purpose shall meet 

at King's and ('coper's store, in the Cheoah Valley, on the 
first Monday in October, one thousand eight hundred and 
seventy-two, and if a majority ot said comi - re be 

present they shall proceed from day to day to examine such 
localities as any two of said commissioners may deem it 
necessary to visit, in selecting a suitable site lor a permanent 
seat ol justice for Graham county. Ir a majority of said 
commissioners 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 chair- 
man of the hoard of commissioneis of Graham county ; but 

in^astcTiocation' * n case a ma J or ity oi said commissioners shall not concur 

the question must j n anv onc point or place, then they shall name two places 

be decided by the ' . J t " r ' " J 

ouahtied voters of a nd certify the same to the chairman aforesaid, in writing, 

county. 1.1 i . . . • i 

and m 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 said county at an election to be held on the first 
Thursday in August next, the result of which election shall 
be ascertained by the sheriff and certified to by him in 
writing, to the board of county commissioners aforesaid, and 
the place receiving the highest or greatest number oi votes 
shall be the permanent seat of government of Graham 
county. 
Purchase of land Sec. 17. When a permanent seat shall be determined 

for use of county. 

upon according to the provisions of section sixteen of this 

act, the county commissioners shall proceed at once to 

procure by donation or purchase not less than twenty acres 

nor more than fifty acres of land within one mile of the 

Conveyance of selected point, which land shall be conveyed to the chairman 

land to chairman J .' . 

-of board. of the board of county commissioners and his successors in 

office forever for the use ot said county, and further, they 

shall take such action as may be necessary to have said 
Town laid off. laid off in lots and streets of such size and width as 

they may deem right and proper in said town, which shall 
Name of town, be called Robbinsville, and shall be the seat of justice for 

said county, and after designating such of the lots as shall 



1871-'72.-^-Cuaptee lTo. 



209 



be kept for public purposes, the said county commissioners 
fitter thirty Jays public notice made in such way as they 

may deem lest, shall expose said lots or such of them as 

, , . , ,. .. „ Lois sold r.t nu'j- 

they think should be sold to sale at public auction on a lic aut . tl ,,n. " 
credit of one, two mid three years, with interest from date, 

, . , i ±- ..i i ,, ,„,. +"i,,-„--^„ i^ni-nl-iln Bond and .«<-curity 

taking bond and security oi the purchaser therefor, payable givcn J 

to the chairman of the county commissioners oi said county, 
who shall hold the same, subject to the order of his board. 

Sec. IS. That until otherwise provided the distribution ^['S of 
ot the school fund shall be made and the management 
thereof in said county of Graham continued as if this act 
establish in g Graham county had never been passed. 

Sec. 19. That the county of Cherokee shall continue to {^SSSSS»n*iii 
be represented in the general assembly as heretofore, and the General Assembly 
qualified voters Taken from slid county shall continue to 
vote with the county oi Cherokee except in elections for ^Hiied voters, 
country officers until the general assembly shall otherwise 
provide, and the sheriff of Cherokee county shall continue £f^ a ° c ^ er °- 
to hold all elections save those excepted in this section at the gr^mcjunt^ 
same times and places in all the territory heretofore com- by General As- 
prised in the county of Cherokee, and under the same rules, 
regulations and restrictions, and make the same returns as 
it the act establishing the county of Graham and this act 
had never passed. 

Sec. 20. The register ot deeds in Cherokee county shall SSSHto 1 ^ sit 
on or before the first Monday in November next, furnish to £ e edfo1*Grala»i 
the register of deeds of V Graham county, a certified list of county, 
all claims duo citizens of Graham county with the proper 
number of such claim.- prefixed and mark each ot such 
claims on his own docket transferred to Graham county, and 
shall transmit the same to the register of deeds in said 
county of Graham, who shall enroll the same for payment 
therein according to their numerical order. 

Sec. 21. That after the organization ot said county of ^^fJ t \ B 
Graham it shall be the duty of the commissioners of Graham certaining thein- 

•' tit, debtedness of 

county to appoint one or more persons who may be members county. 

ot their board to meet with the same number of persons 

appointed in the same manner by the commissioners of 



270 



1S71-T2. — Chatter 175—176. 



Proportion of 

debts. 



When act to tako. 
efiect. 



Cherokee county, whoso duty dial] be to examine and 
rtain the amount of the outstanding debts of Cherokee 
eountj at the ratification of this act. and toagred and report 
to their respective boards the amount of such debts, and 
also the equitable proportion of said debts that should lie 
assumed by the county of Graham; also the manner to 
which said equitable proportion maybe paid and the time 
in which it may be paid. 

Sec. 22. That this act snail be in force from and after i> 
ratification. 

Ratified the 9th day of February, A. 1). 1872. 



(MIA I'TKi; CLXX VI. 

AN ACT TO INCORPORATE THE HALIFAX AND SCOTL AND KECK 
RAILROAD COMPANV. 



J ° a c d ation of Rai1 ' Section 1. The General Assembly of IForth Carolina do 
enact as follows : That tor the purpose of constructing :; 
railroad with one or more tracks, from some point at or near 
Clark's Landing, on Roanoke river, iu the state of North 
Carolina, to some point at or near the town of Halifax, in 
North Carolina, and through or near the town of Scotland 
ISTeck, (as the president and directors may determine) anil 
to such intermediate points and upon such lines as the 
directors 01 said road shall determine, Matt'AY. Ransom, 

Corporate body. Peter E. Smith. Walter Clark. .1. R. Tillery, Richard II. 
Smith, John C. Randolph. II. L Tillery. II. J. Ilewey. 
Edward Conigland, \V. II. Smith. AY. II. Day and AY. It. 
Bond, their associates, successors and assigns are hereby 
constituted a body politic and corporate, under the name 
and style of '"The Halifax and Scotland Xcck Railroad 
Company," with a capital stock of one million dollars, with 
the powers and incidents of the Xorth Carolina Eailrod 
Company and other corporations of like nature created bv 



Corporate name 
Capital stock. 



1ST1-72. — Chapter 17(5. 211 

the laws of this state, such corporate existence to continue Limitation. 

tor ninety-nine years. 

cj . mi •.. l l x> • i i ♦ i Subscription to 

Sec. 2. ihe capital stock ot said company may be created stock, 
by subscription on the part of individuals, municipal or ■other 
corporations in shares of one hundred dollars each which 
may be made in land, timber, labor or money, as maybe 
stipulated and agreed to by the corporators aforesaid or the 
directors of the company. 

Sec. 3. Books of subscription may be opened bv such Bf *?£5° f 6Ub " 

corporators or by the directors, at such times and places and 

under such rules and regulations as a majority may determine. 

Sec. 4. "When ten thousand dollars shall be subscribed to Meeting of stock- 
holders, 
the capital stock ot said company by subscribers, a general 

meeting of the stockholders shall be held alter ten days 

notice by advertisment in the lioanoke JYews, and such 

meeting, a majority in interest of the stockholders being 

present in person or bv proxy, shall elect a board of directors Election of Presi- 

i 1 •> r J ' (lent and Diree- 

of not less than five, and said directors shall elect one of tors, 
their number president, and said meeting may do all other 
.acts necessary to carry into effect the object of this charter 
and complete the organization ot the company. 

Sec. 5. Whenever any lands shall be required for the con- J™5*jj£°f J?** 
strnction of the road, or tor warehouses, water-stations, turn- p»ses. 
outs, workshops or for 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 valuation to be 
ascertained as follows: The sheriff oi the county in which 
said land may he. shall at the request of the president of 
said company, summons five disinterested freeholders of the Manner of valua- 
county who shall ascertain the value, under oath to be ouih adniuis- 
administered by the sheriff or any justice of the peace, first tcm 
deducting the enhanced value ot the land caused bv 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 Title vested in 

1 l J x 1 m corporation. 

the corporation, as long as it shall be used for the objects •f 

this charter : Provided, That either party may appeal to Proviso. 

the superior co;irt of the county upon the question of the 



272 



1871-' 



-Chapter 170 — 177. 



Condemnation 
for right of way. 



Raising money 
upon i onds se- 
cured bj mort- 
gage- 



Exclusive right 
of conveyance. 



Rights and privi- 
leges. 



Grossing tracks, 
and making 
branches to main 
road allowable. 
Gauge of road. 



Limitation. 

When act to be in 
force. 



amount so assessed ; and further, that the condemation for 
right of way shall not extend beyond one hundred loot on 
each side from the centre of the road, and for other purposes 
not more than three acres in one tract. 

Skc. 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- 
carry and transport freight and passengers over and along 
said raihoad at such rates as the directors shall prescribe, 
and the company may purchase and hold stock in any other 
railroad 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 ot the other railroads, to build branches to the 
main stem, in any direction, not exceeding twenty miles long. 
The gauge of said road shall be as the stockholders may 
determine, not exceeding four feet eight and a half inches. 

Sec 9. This act shall be in iorce from its ratification, and 
the privilege ot forming a company under the same shall 
continue tor forty years. 

Ratified the 9th day of February, A. D. lsTi'. 



C II A P T E E (J LXXTII, 

AX ACT TO INCORPORATE THE NEWBERW AXO BEAUFORT < AXAI, 

GOMPANY. 



Canal communi- 
cation. 



Section 1. The General Assembly of jS'o'tJi Carolina do 
enact That for the purpose of providing a communication 
by water between the city of Newbern and the waters of 
Beaufort harbor, Alexander C. Davis, William B.Duncan, 
James Burnley, George W. Dill, John A. Guion, William 



1871-72. — Chapter 177. 2 ?3- 

J. Clarke, Mathias E. Manly, Robert F. Lehman, Albert Corporators. 
G. Hubbard, William II. Oliver, Richard W. King, Henry 
R. Brvam Alexander Justice and their successors and 
assigns, are constituted a company and body politic under 
the name and style of " The Newborn and Beaufort Canal Corporate name. 
Company," and as such to have a corporate existence for 
ninety-nine years, and by that name to sue and be sued, Term o£ time " 
plead and be impleaded. Said company may have a common 
seal, and shall be capable of purchasing, holding and con- m^ts^privi- 
veying property, both real and personal, as far as may be 
necessary for the purposes for which said corporation is 
institued ; and said company shall be invested with all the 
powers, rights, privileges, immunities and franchises, which 
appertain to other like corporations, and shall be authorized 
to make all necesssary by-laws and regulations for its govern- 
ment, not inconsistent with the constitution and laws of the 
state of North Carolina and 01 the United States of America. 

Sec. 2. That the persons aforesaid, or any three of them, SubMriptkm to- 
are hereby appointed commissioners with authority to receive 
subscriptions to the capital stock of said company, and to 

open books of subscription theretor at such times and places Books of sui>- 

1 l Bcription. 

as they may appoint. _, 

Sec. 3. That the capital stoek of said company shall ^jJJ* of ca Pi- 

consist of ten thousand shares of. one hundred dollars each. 

Sec. 4-. That when the sum of fifty thousand dollars shall Meeting; of sub- 

scribers. 
have been subscribed bona pie, a general meeting of the 

gnbsbribers shall be called in the city of Newbern, and a 

majority of the subscribers being present, they shall, from 

the .-toekhoklers, elect a president and four directors for President and Di- 

, .11- i x • i rectors elected, 

conducting and managing the business and concerns ot said 

company, for a term not less than one year nor exceeding Limitation, 
three veers, and until their successors shall be elected: 
Provided, That in this as in all meetings ot said company, Proviso, 
each share of stock shall entitle the holder thereof to one 
vote. 

Sec. 5. That certificates ot stock in said company shall be Certfficates of 

stock issued. 

issued to the subscribers under the direction of the president 
and directors, or a majority ot them, setting torth the nura- 
18' 



:274 



1871-72. — Chapter 177 



Certificate to be 
recorded. 



Power of Presi- 
'deut to raise 
nionev. 



Public uotific; 
lion. 



Refusal to pay 
assessment. 



Suit may be 
brought. 



Lauds received in 
payment. 



Iter of shares and the par value thereof, to *vhich each sub- 
scriber shall be entitled as shown by the books of subscrip- 
tion, and such certificates shall be signed by the president 
and secretarj' of said company, and authenticated by the 
corporate seal of said company, and shall be recorded in a 
book kept for that purpose, and all sales or transfers oi the 
interest of any subscriber or stuckholder in said company 
shall be duly recorded in said book: and said stock shall he- 
held and considered as personal property. 

Sec. G. That the said president and directors and their 
successors or a majority of them, shall have full po'wer and 
authority from time to time as money may be needed, t" 
make and sign orders tor the same to be paid by the sub- 
scribers and to declare when the same shall be paid, which 
orders or assessments shall be advertised at least one month 
in one or more newspapers published in the city of New- 
hern: and it any of the subscribers or stockholders of said 
company shall refuse or neglect to pay such call assessment 
within ninety days alter the same is ordered and advertised 
as aforesaid, the said president and directors or a majority 
of them, may sell at auction and convey to the purchaser 
thereof, the share of such delinquent subscriber or ■stock- 
holder, giving at least one month's notice ot said sale in at 
least one newspaper published in the city of -S'ewbern : and 
after retaining the sum due and charges lor advertising 
and sale out of the moneys produced thereby, they shall 
refund and pay the overplus, it any, to the former owners 
or their legtl representatives ; and if said sale shall not pro 
duce the full amount of the assessment laid and due as 
aforesaid, with the incidental charges, then the president and 
directors or a majority of them, may in the name of the 
company, sue and recover the balance due; and the pur- 
chaser or purchasers of delinquent stock shall be subject to 
the same rules, regulations and liabilities as original snb- 
scribers. 

Sec. 7. The said conpany shall be authorized and empow- 
ered to receive lands in payment of subscriptions to its 



1371-*72.— Chapter 177. 275 

capital stock, and to lease or dispose of the same fur the 

uses of the corporation. 

Six. S. The said company shall have full right and lawful Bonds issued. 

authority to issue bonds in such sums, and payable at such 

times and places as they may deem necessary, and to secure 

the same by mortgage upon its property and franchises, and Mortgage sccu- 

the same shall be exempt from taxation by the state ov any Exemption frum 

tat. 
county. 

Sec. f». Whenever it shall he made to appear to the satis- Deedof r^skaee. 
faction of the governor of this state that said company has 
in good faith expended twenty thousand dollars ($20,000,) 
upon the said canal or its appurtenances.it shall be his duty 
to execute, under the great seal of the state, a deed of release 
or quit claim in favor of said company of all right, title and 
interest on the part, ot the state, of, in and to the Clubfoot 
and Ilai low's Creek Canal and its appurtenances, and fully 
to invest the said company with all the property and rights 
of the state in the same. 

Sec. 10. Said company shall be authorized and empowered ^™™' J^fc. 
to purchase and hold any river or sea-going vessels which 
they may deem necessary or convenient for its business. 

Sec. 11. The said company shall have full right and KiL'iit to change 

1 ° the course of 

authority to dredge out or change the course ot any creek, rivers, creefcs,&& 
river or bay, with which the proposed canal may connect, 
and to erect, locate or station therein all such monuments, 
beacons, buoys or spars, as may be necessary tor the navi- 
gation of the same. 

Sec. 12. The said company shall be authorized to levy J M ?*\ t0 }l s :^ „„ 
demands and receive reasonable fares tolls, freights and ceived. 
charges for the use of the canal or any part or appurtenance 
thereof, and shall establish, prescribe and publish rules and 
regulations therefor ; and any person wilfully and knowingly 
violating the same, shall be punishable therefor as for a 
misdemeanor, on complaint of said company, before any Vioiatioaof rules 

' * r* " a misdemeanor, 

justice of the peace in the counties of Craven or Carteret or 

by indictment before the superior court of cither of said 

counties. 



27t> 



1871-72. -Chapter 177—178. 



When prilty of 
misdemeanor. 



Condemnation of 
land. 



Skc. 13. Any person who shall wilfully injure any of the 
embankments, tow-paths, sluices, cuts, locks, buildings or 
other property ol said company, or shall obstruct said canal 
or its appurtenances by telling trees therein or otherwise, 
shall be deemed guilty of a misdemeanor. 

Sec. 14. That the land on each side of said canal for a 
distance of not exceeding two hundred and ten feet (210,), 
shall be condemned for the use of said company, and the 
proceedings of said company in relation thereto or of the 
land owner seeking indemnity therefor, shall be the same 
as are prescribed in the fifth section of an act of this general 
assembly, ratified on the 31st day of March, anno domini 
one thousand eight hundred and seventy-one, entitled "An 
act to incorporate the Kinston and Kenansville Railroad 
Company." 

Ratified the 0th dav of February. A. D. 1S72. 



C II A P TER CLXXYII I. 

AN ACT TO INCORPORATE THE RALEIGH AND I' AYETTEYILLE' 
RAILROAD COMPANY. 



Corporators. 



Books of sub- 
scription. 



Section 1. The General Assembly of North Carolina do 
enact, That it shall be lawful for George W. Pegram, 
Christopher C. Barbee, C. IT. Cofield, Malcolm McKay and 
H. "W. Prince, of the county of Harnett, Sion II. Rogers and 
A. II. Betts, of the county of Wake. Wm. B. Lastcr, A. H. 
McKethan and John II. Cook, of the county of Cumberland, 
to open books of subscription at such places and under the 
direction of such persons as they may name for the purpose 
of receiving subscriptions to the capital stock of the Fayette- 
ville and Raleigh Railroad Company by such writ as maybe 
selected or agreed upon by the stockholders in general meet- 
ing assembled or with their permission by the board of 
directors to be selected by them at their first meeting; that 



lS71-'72.— Chapter 178. 277 

the books ot subscription may be kept open until the sum 

of fifty thousand dollars shall be subscribed and secured, to 

be paid in land, labor, materials or money, as may be agreed Subscription to 

on by said commissioners, as soon as the sum of fitt y thousand made in land » 
i ii i n i i i m i i - • i l^bor or materials 

dollars snail have been subscribed, the commissioners above 

named ahall advertise in one or more newspapers published 
in the city of Raleigh and Fayetteville for sixty days previ- 
ous to the meeting, giving notice oi the time and place of Public notice of 
said meeting. 

Sec. 2. "When the sum of fifty thousand dollars, in shares 
•of fifty dollars each, shall have been subscribed the above 
named parties and their successors shall be and they are 
hereby declared to be a body corporate by the name and 
style of " The Raleigh and Fayetteville Railroad Company,"' Corporate name, 
and by that name may sue and be sued, plead and be im- 
pleaded and shall possess and enjoy all the rights, privileges Rights andprivi- 
and immunities ot a corporation or body politic in law, and 
may make all such by-laws, rules and regulations, not incon- 
sistent with the laws or constitution of this state or of the 
United States, as may be necessary for the well ordering and 
conducting the affairs of the company. 

Sec. 3. That a majority ot the commissioners above named Quorum, 
shall constitute a quorum for the transaction of any business 
until the company is duly organized; that at every annual Annual meeting. 
meeting the company shall select a president and five direc- President and di- 

r • it • • n rectors. 

tors who shall continue m office until their successors are 

elected, and any vacancy that may occur shall be filled by Vacancies. 

the board of directors until the next annual meeting of the 

stockholders. The president with any three of the directors 

may constitute a quorum for the transaction of the business 

of the board, or in the absence of the president, any three 

of the directors. 

Sec. 4. That the president and directors of the said company Power of Presi- 
t n i ii i i . •, , „ . . , dent and direc- 

. shall be and they are hereby invested with all rights and tors. 

powers necessary for the construction, equipment and repairs 

of said railroad to be located so as to begin at any point on 

the Xorth Carolina Railroad, east or west of Raleigh, or at 

.any point on the Chatham Railroad, or at any point on the 



1871-72.— Chapter 178. 



.Location of road. 



Mortgage bonds 
issued. 



Limitation, 



Life insurance. 



Collateral secu- 
rity. 



Bonds to be 
signed by Presi- 
dent. 



Election of 
officers. 



Bond required of 
Treasurer. 



Disagreement us 

to term.*. 



Western Railroad, thence by the most practicable route, to be 
determined by them, through the county of Harnett to 
Eayetteville, or so as to begin at Fayettcville and be prose- 
cuted in such direction as the stockholders shall direct, and 
may cause to be constructed all works whatsoever, which 
may be necessary and expedient, in order to the completion 
of said road. 

Sec. 5. That the said company at its annual or any called 
meeting of the stockholders shall have power to authorize 
the president and directors to issue mortgage bonds of said 
company to an amount not exceeding two million of dollars, 
the interest payable semi-annually, and the principal thereof 
payable in thirty years from the date thereof, at such rate of 
interest as may be agreed on and expressed therein, that 
they may lease said road oi any portion thereof as the same 
may be completed, from time to time, to any road with 
which it may be connected, and may receive subscriptions 
to the capital stock from any railroad company in or out of 
the state. That said company may insure the lives of any 
of its stockholders or may insure the lives of any persons 
not stockholders, and said policies being paid up policies for 
the full amount insured may be deposited by the said rail- 
road company as collateral security to be attached to the 
mortgage bonds of said railroad, and on the death ot the 
parties insured to be applied to the paymeut of the bonds 
to which said policy of insurance may be attached. The 
said mortgage bonds to be signed by the president and coun- 
tersigned by the secretary, with the seal of the company 
attached. 

Sec. 6. The president ot the company shall be elected by 
the stockholders, and the secretary and treasurer by the 
board ot directors, and shall hold their office until the next 
annual meeting or until their successors are appointed, the 
treasurer to give bond in such sum as the board of directors 
may determine. 

Sec. 7. It the president and directors cannot agree with 
the owner of lands through which the road may pass as to 
the terms which said road shall be opened through the same, 



1871-72.— Chapter 178. 279 1 

then it shall be lawful for the president and directors to call 

wpon the sheriff to summon a jury of twelve men to go f^L^ )be8u,ft " 

upon the lands and take into consideration the advantages 
and damages, and assess the advantages, if any, actually sus- pJ5JfJ™ ent made 
tamed, which amount may be paid by the president and 
directors to the owner of said land or into the office of the 
superior court of the counties in which the land is situated, 
and then enter upon the land so laid off by the jury, and 
construct the road thereon and make all necessary excava- 
tions and embankments and all other necessary structures, 
and to hold the said land to their own use during their 
corporate existence as owners in fee simple : Provided, This Provlso - 
privilege shall nut be allowed them to lay off said road 
through any yard, garden, burial ground attached to any 
dwelling house or any plantation without the consent of the 
owner thereof. That said president and directors may in Material for eo»- 

struction. 

like manner enter upon any adjacent land to procure stone, 

timber or earth for the construction and repairs of said road : 

Provided, That for this purpose they shall not enter upon Proviso. 

any cleared or cultivated land and cut down fruit trees or shade 

trees, or trees preserved for ornament, and in case of a jury 

being called to assess damages, either parties not satisfied 

with this verdict mav appeal to the superior court. When- Appeal to Supc- 

, ,, ., .. , rior Court. 

ever it shall be necessary to cross or use any public road 
they shall so construct their road as not to impede the travel 
on said - road known as public roads, or in case they should 
pass through any cultivated fields that they shall so con- 
struct said road as not to leave the field open and expose 
to depredations from stock running at large. 

Sec. s . That it shall be lawful for the president and instalments paid 

. . . . on »tock. 

directors to determine from time to time what instalments 
shall be paid on stock subscribed ; the shares of stock in said 
company shall be deemed to be personal property. 

Sec. 9. That the capital stock of said company may be \^^. of capI "- 
increased to two millions of dollars, but as soon as the sum 
oi titty thousand dollars shall be subscribed and secured. 
That the company may organize and then proceed to con- 



■280 1871-72.— Chaffer 178—179. 

truct their road by sections, as they may be able to do so, 

from time to time, 
when act to be in Sec< 10 ^hat this act shall be in torce from and after the 
Repealing clavse. ratification thereof, and all laws and clauses coming within 

the provision and meaning of this act be and the same are 

hereby repealed. 

Ratified the 9th day of February, A. D. 1872. 



CHAPTER CLXXIX. 

AN ACT FOE THE RELIEF OF EXPRESS COMPANIES. 

Artic'esnot called Section 1. The General Assembly of North Carolina do 

for within a speci- ° " 

tied time may be gnact, That whenever an} 7 express compan} 7 exercising the 
right and privilege of transportation tor hire in the state, 
shall have received at the place designated for their delivery 
any articles of property, and the same shall not be called 
for and delivered according to the terms upon which such 
company may have agreed to carry them, within six months 
from and after the time ol receiving them at said place of 
delivery, then and in that case it shall be lawful for such 
company to sell tor cash the said articles of property at 
public auction at such place as may be designated by the 
company, after having duly advertised the time, place and 
terms of sale for the space of thirty daj T s in some newspaper 
published in the county, or as near thereto as may be, 
Application of wherein such sale is intended to be made ; and the proceeds 
piocee s o sale. Q ^ ga j e g j ia ]| j 3e a pp]j e j j n the first place to the payment of 

all costs and charges of carriage due to such company, 
together with all expenses incident to the making of such 
sale, and then the residue, if any, to be deposited in some 
convenient national bank, located in the state, to be selected 
by the company, lor the use and benefit of such person as 
may be entitled thereto. 



lS71-'72.— Chapter 179— 18$. 2S1 

Sec. 2. This act shall be in force from and after its ratifi- w^nactto be in 

force. 

cation. 

Katified the 9th day of February, A. D. 1S72. 



CHAPTER CUXX. 

AN ACT TO ESTABLISH THE RATES OT THE PUBLIC PRINTING AND 
TOR OTHER PURF08E6. 

Section 1. The, General Assembly of North Carolina do Contract of Pub- 

mi • - • . . ■■ . * 1C printing-. 

enact, That the joint eommittee on printing are airected and 

instructed, on the part of the state of North Carolina, to 

make, execute, and deliver a contract for the public printing 

at the following rates : For every one thousand ems of plain 

work, sixty cenrs ; for every one thousand ems of rule and 

figure work, one dollar and twenty cents. For every token 

of two hundred and forty (240) impressions, fifty cents,, and 

for all other work ordered by the state, the usual, customary 

rates charged by printers for such work, to be approved by Rates of printing 

the auditing committee herein provided for, in section three 

of this act. 

Sec. 2. That the party to whom said committee may f e < ^ 1 c ri fy Ven Wlth 
award the public printing, shall give bond with approved 
security, payable to the state of North Carolina, in the sum 
of five thousand dollars, conditioned for the faithful per- 
formance of his duties and undertakings under the contract 
and under the provisions of this act, the surety or sureties 
herein required shall justify before some person authorized 
to administer oaths. 

Sec. 3. That each bill against the state for printing shall Charge of bill?, 
be charged by the "quad em" and token, and shall lie 
approved by two practical printers of integrity entirely dis- 
interested in the matter, who shall be selected one by the 
.auditor and the other by the public printer. Said prac- Qualification of 
tical pi inters so chosen, shall before, entering upon any ntera " 



- >s -' 1 8? 1-* 7-2.— Chapter 180. 

examination by this section required, quality betore some- 
magistrate to impartially examine said printing and deter- 
mine both the manner of its execution and the correct- 
ness of the account rendered for the same: Provided, how- 
ever, That such practical printers shall not be called on to 
examine any printing or to determine the correctness of 
any account until the accounts rendered amount in the aggre- 
gate to one hundred dollars or more, except, upon the final 
settlement of the public printer's aecounts against the state, 
audited until ex- Sec. ^- That no account rendered for public printing 
amin ' under the contract herein directed to be made, shall he- 

audited until the work charged for shall have been exam 
iued and the account shall have been approved by two prac- 
tical printers, as provided in the preceding section, who shall 
certify that the workmanship of said printing is properly 
executed and the accounts for the same are just and accurate. 

Violation of this Any violation of this section shall be a misdemeanor, and 
section a misde- , ,. . . , . . 

meanor the auditor on conviction thereof shall be fined and lmpns- 

Penaltj-. , it . n i 

oneel at the discretion of the court. 

Contracting party Sec. 5. That the party contracting to do the public 

to have the bind- r . & ' 

ing done. printing shall also undertake and agree to cause all necessary 

binding for the state to be done at usual and customary 

rates for the kind and quality of work. But accounts for 

binding must be approved by the auditor, who may in his 

discretion call on two disinterested printers or biuders to- 

examine the work, and under oath to certify to the justness 

and accuracy of the accounts. 

rementsof Sic. 6. That the public printer shall execute the public 
pu- -lie printing. . x \ L 

printing in such manner as is prescribed by chapter seventy 

; 7". of the revised code; and shall furnish the number of 

>f each piece of work required by existing law. 

bj^^ofal ^ t;c - '• That {t sha]1 be tbe dut y of the secretary of state- 

to furnish the public printer, on his requisition and receipt 
for the same, such printing paper as may be necessary in 
executing the public printing. 

SjJJjs ' ! Sec. v . That it shall be the duty of the secretary of state- 

to have ready for delivery to the public printer, copies ot all 

PublicLaws. nets, resolutions and papers required to be printed and- 



1871-'T2.— CnAPTEH 180. 28a 

bound with the public laws within ten days after the adjourn- Time Specified. 

ment of the general assembly ; and also to have copies of 
6tieh acts, resolutions, &€.> required to be printed and bound 
with private laws, ready for delivery within fifteen days ^^f^ATI: ., 

•■' 1 imc specified. 

after such adjournment; but this shall not be construed to 
relieve the said secretary of the duty heretofore enforced 
by law, to have all acts, resolutions. &c, copied as fast as 
ratified. It shall be the duty of the respective clerks of ^ofGtn.' As- 
each house ot the general assembly to deliver copies of the sembiytobe 

c •' ..... given to public 

journals of the same to the public printer within fifteen printer. 
days after adjournment, and to have the printed copies of 
the same properly indexed. And it shall be the duty of the Duty of public 
public printer to obtain on each day after the execution of 
his contract from the secretary of state, such acts, resolu- 
tions, &c, as may be ready for delivery according to law. 
It shall also be his duty to deliver the required number ot 
printed and bound copies ot the public laws containing such 
matter as may be directed by the secretary of state, and an 
index ot the same, to the secretarv of state, within sixty Speeded time for 

' ° delivering bouud 

days after the adjournment ot trie general assembly ; and copies of Public 

for each day thereafter he shall fail so to do, the auditor 

shall deduct from his account tor printing, the euin of Deduction fom 

„ . it * wages in cases of 

twenty-five dollars, unless his delay is properly chargcaole failure. 

to the failure ot the secretary of state to perform his duty 
in delivering the copies as herein required. And the public- 
printer shall in like manner deliver to the secretarv of state, Specified time for 

. . . ,' delivery of Pri- 

tne required number of private laws, journals, legislative vate Laws, Jour- 
documents, authorized and directed bylaw to be published, '■• 
within ninety days after said adjournment. And if the said 
clerks of the houses of the general assembly or the secretary Failure of de- 
of state, shall tail to deliver the copies herein required to oleriL of House 7 
be delivered within the times specified respectively, each how S deait 1 
one so failing shall forfeit and pay into the public treasury, 
five dollars I'm:' each day he may be in default, to be recovered 
by the auditor by warrant in a civil action before any justice 
of the peace in and for the county of Wake.' 

.'■I, -hall be the duty of tli secretarv of state Distribution of 
i-i t ■ . ,,."") . i'lrt'li • Laws. 

immediately on the delivery to nun by the public printer ol 



284 



1871-72.— Chapter 180— 1S1. 



When act to tak« 
effect. 



the public laws, as required in the proceeding section, to 
cause the same to be distributed according to the provisions 
of existing laws, either by mail or express as may be the 
cheaper mode of distribution. And as soon as the other 
documents required to be distributed shall be ready to be 
sent out, he shall cause them to be distributed according to 
law by mail or express, whichever may be the cheaper 
mode. 

Sec. 10. That this act shall take effect from its ratification. 

Batified the 10th day ot February, A. D. 1S72. 



CHAPTER CLXXXI.; 

AN ACT TO AUTHORIZE AND EMPOWER THE GOVERNMENT OF 
THE UNITED STATES TO PURCHASE AND HOLD LANDS IN 
NORTJ3 CAROLINA FOR THE PURPOSE OF A NATIONAL CEME- 
TERY. 



National Ceme- 
tery. 



Proviso. 



Deeds registered. 



Description of 
Tracts. 



Section 1. The General Assembly of North Carolina do 

enact, That it shall be lawful for the government of the 
United States, or any person under authority of the same. 
to purchase a tract, piece or parcel of land in the county of 
Rowan and state ot North Carolina, now occupied as a 
national cemetery : Provided, Said tract or parcel of land 
shall not exceed ten acres. 

Sec. 2. That all deeds, conveyances or other title paper 
for the same shall be recorded as in other cases in the office 
of the register of deeds in which the land so conveyed may 
lie, in the same manner and under the same regulations 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 of any tract or tracts or 
legal division ot any public land belonging to the United 
States, which may be set apart by the general government 



1S71- V 72.— Chapter 181— 1S2. 2S5 

for the purpose beforementioned by an order, patent or 

other official document or papers so describing such land. 

Sec. 3. That the said lot or parcel of land, together with Exemption from 
, * » e • tax. 

the tenements and appurtenances ior the purpose before- 

tioned, shall be exempt from taxation by the state of North 

Carolina. 

Sec. 4 That nothing herein contained shall be so con- om ™ r * of f tate 

° c:m levy uxcu- 

strued as to ban or hinder any of the officers of this state lions - 
from executing any process or levying an execution within 
the limits of said tract or parcel ot land so held and pur- 
chased by the government of the United States, in the same 
manner as if this act had never been passed. 

Sec. 5. That this act shall be in force from and after its When act to be in 

force. 

ratification. 

Ratified the 10th day of February, A. D. 1ST2. 



CHAPTER C L X X X 1 1 . 

AX ACT SUPPLHENTAL TO AN ACT TO LAY OFF AND ESTABLISH 
THE NEW COUNTY OF PAMLICO. 

Section 1. The General Assembly of North Carolina do Rights and privi- 
enact, That the county of Pamilico shall be and is hereby * 
invested with all the rights, privileges and immunities of 
other counties of the state except as hereinafter provided. 

Sec. 2. Be it further enacted, That James S. Lane 4 , Wil- Commietioners. 
liam II. Tripp and Samuel Latham are hereby appointed a 
board of commissioners to run and mark the line between 
the county of Pamlico and Craven county, and also between 
the county of Pamlico and Beaufort county, beginning at 
the headwaters of Deep Run, in Craven count)', and run- 
ning a direct line to the headwaters of Durham's creek, in Boundary of line. 
Beaufort county, and thence the courses described in the 
original act, to the head of, Bailey's creek, in Beaufort 
county; and shall make a report thereof under their hands 



286 1871-72.— Chapter 182. 

Commiisionera rm( ] sea i s to t ] K . commissioners of Craven*. Beaufort i 

report. 

Pamilieo counties, which report shall form a record of the 
courts of said counties. Said commissioners shall also furnish 
the county commissioners of Pamlico county with a ma 
said county <>t Pamlico. 
Survejorap- Sec. 3. Be it further enacted. That the comuiissioi 

pointed. * 7 

for laying off and establishing the line between Pamlico, 

Craven and Beaufort counties shall have power to employ a 

surveyor and such other help as may be necessary for the 

accomplishment of said work, and they shall be allowed a 

Compensation. reasonable compensation tor their services to be paid by 

their respective counties, the surveyor and chopper re be 

paid by Pamlico county. 

TownJuip 8 °nU Seo. 4. Be it further enacted, That when the boundary 

affect office hoi- i; ne f the said Pamlico conntv shall divide any township of 

ders in I'nmlieo • • ' 

County. Beaufort or Craven counties heretofore established, any . , 

of said township who shall reside in said Pamilo county shall 
continue to hold his office and exercise the powers thereof in 
the county of Pamlico until his successor is elected and 
qualified as hereinafter provided. 

County officers of s E e. 5. Be it further enacted, That the sheriffs and i 

Craven and ^ J 

Beaufort to con- county offieersof ('raven and Beaufort counties shall continue 
tinne m office. . . 

to exercise all the functions of then- respective offices in 

thoie detached portions of said counties until the county 

officers of Pamlico county shall be elected and qualified. 

Election hied. Sec. 6. Be it furik&r enacted. That the governor shall 

order an election to be held in Pamlico county on the first 
Thursday in May, one thousand eight hundred andseventv- 
two, submitting to the qualified voters within the limits i i 
Pamlico county the adoption or rejection of the county of 
Pamlico, and the returns of said election shall be made to 

Return* made to the sheriff of Craven count v who shall ion the first Monday 
after said election, m the presence of three ireeholders sum- 
moned for that purpose, two of whi-h shall be from the 
county of Pamlico), proceed to compare the polls of said 

Manner of do- election, and if after due examination it shall be found that 
a majority of votes have been given in favor of establishing 
the county of Pamlico, then it shall be the duty of said 



•cision. 



Ratification i>y 
voters. 



lS7l-'72.— Chapter 183. 28-7 

sheriff to forward to the governor of the state a certificate oi 

the same, within ten days after said election, and then the 

governor shall make known the fact by proclamation, upon Proclamation, 

which this act and the act to which this is supplemental 

shall take effect, otherwise both acts shall be null and void. 

Sec. 7. Be it further enacted, That it the county of Pam- 
lico be ratified by the voters thereof, an election shall be- 
held in said county on the first Thursday in August, one 
thousand eight hundred and seventy-two, for the following 
-county officers, viz: five county commissioners, one sheriff, °°c"ej* 0ffiee ' 
one clerk of superior court, one register of deeds, one 
treasurer, one coroner and one county surveyor, said officers 
to be qualified at the first meeting of county commissioners, 
who may be qualified by any acting justice of the peace in 
said Co. 

Sec. S. Be it farther enacted. That at the same time Location^ 

. Count v site. 

and places as the election for county officers in f amlico 

county, the questioa of locating the county site or said 

county may be voted upon, and the locality receiving the 

greatest number of votes shall be. selected by the countv 

commissioners as the county site; and it shall lie the duty of 

said commissioners to purchase or receive by donation a 

tract of land, not less than twentv acres, to be conveved to Limitation of 

," . ■ fi> tract, 

the county commissioners and their successors m office m 

fee simple for the said county of Pamlico, upon which tract 

of land the courthouse and jail shall be erected, allotting Court Houm an* 

•» # ° Jail erected. 

one acre for the »ame, the remainder of said tract of land 
shall be laid off in lots of half acre each, and it shall be the 
duty of the county commissioners to expose said lot- to 
public sale, and the proceeds of such sales be appropriated to Sale of Jots, 
the building of said courthouse and jail, and if such pro- 
ceeds arc not sufficient for said p appose, then the eominis- IS^JJ^jJSjJ 
sioners may levy a tax to supply the deficiency : Provided, Proviso, 
Said tax shall be levied on the taxable property and polls of 
said county, and shall be collected in the same manner as 
other taxes are collected. 

Sec 0. Be it further enacted, That the countv commis- Contpactofor 
J f , building Court 

eioners shall have power to contract for the building vt' a Ekmse. 



2SS 



1871-r2.— ClIAFTEK 1S2. 



Prw\ iso. 



Tax levied in 
Pamlico. 



Proviso. 



Conference of 
Commissioners. 



Proportion of 
public debt. 

Basis of debt. 



Proviso. 



courthouse and jail within three years from the passage of 
this act, unless a majority of the commissioners should other- 
wise order ; said commissioners shall also have power to 
select a temporary place for holding the courts of said Pam- 
lico county until a permanent courthouse can he built as 
heretofore provided: Provided, That such commissioners 
in locating said temporary courthouse shall take into con- 
sideration the convenience and interest of the people of the 
county. 

Sec. 10. Be it further enacted, That the county commis- 
sioners of Craven and Beaufort counties levy such taxes 
within the limits of Pamlico county as they levy in other 
portions of said counties, according to taxabls property and 
polls : Provided, It shall be the duty of the sheriff, county 
commissioners and treasurers of Beaufort and Craven 
counties to turn over to the officers of Pamlico county in 
their respective capacities all such taxes due for state and 
county purposes, or all moneys collected for taxes due for 
state and county purposes for the year one thousand eight 
hundred and seventy-two, so soon as the county officers of 
Pamlico county shall Lie qualified. 

Sec. 11. Be it further enacted, That the county •ommis- 
sioneis of Pamlico county shall be and are hereby empow- 
ered to appoint three or more commissioners to confer with 
the commissioners of Craven and Beaufort counties for the 
purpose of ascertaining the proportionate part of the public 
debt of Craven and Beaufort counties, to be assumed by 
Pamlico county and such settlement shall be based upon the 
amount of taxable property and polls according to the 
valuation of property in the year one thousand eight hun 
dred and sixty, when such debt was contracted : Provided, 
nevertheless, That (should the commissioners of Craven 
county or Beaufort county either neglect or refuse to turn 
over to the commissioners of Pamlico county their part and 
full portion of railroad stocks in the Atlantic and Xorth 
Carolina Railroad Company.) for which one hundred and 
forty-five thousand dollars and (five hundred dollars) of the 
public debt was created, or any other bonds or stocks held 



1871-72.— Cuapteb 1S2. 289> 

by the county of Craven) within one year after the demand 
for such settlement has been made by the commissioners of 
Pamlico county, then the commissioners ot said Pamlico 
county and the citizens thereof shall not be held bound to 
Craven county for any part of said debt contracted as sub- 
scription to the Atlantic and North Carolina Railroad. 

Sec. 12. Be it further enacted, That the jurisdiction of Junction of 

* •' Superior Court. 

the superior court be and the same is hereby extended to 

and over Pamlico county in the same manner as the said 

court has in and over the several counties of this state, and 

the ind^e for the third judicial district shall hold fcWc Judicial district.- 

superior court for said county of Pamlico on the sixteenth 

Monday after the fourth Monday in August and February, 

and all cases, both civil and criminal, within the bounds ot 

said county of Pamlico, shall be tried in said court : Pro- Proviso. 

vided. That actions and suits affecting citizens of Pamlico 

county pending in the superior courts of Beaufort or Craven 

counties, may be continued in those counties at the option of 

the parties, but when such cases shall be transferred to 

the superior court of Pamlico county there shall be no 

prejudice by reason of such transfer, and all persons who 

may be liable to imprisonment in Pamlico county before 

the completion of a jail in said county, shall be committed 

to. the jail of Craven or Beaufort counties. 

Sec. 13. Be it further enacted, That the officers of Bienniai;eiection* 
Pamlico county who may be elected on the first Thursday in 
August, one thousand eight hundred and seventy-two, shall 
hold for one year only, and another election shall be held in 
August, one thousand eight hundred and seventy-three, and 
every two years after. 

Ratified the 10th day of Februray, A. D. 1872. 

19 



!290 



IS 71- 72.— Chapter 183—184. 



CHAPTER CLXXXIII. 

AN ACT TO rKEVENT THE FELLING OF TREES INTO THE WATEJBB 
OF UWHARIERIVEK, RANDOLPH COUNTY, AND THE THROWING 
OF OTHER OBSTRUCTIONS THEREIN. 



Prohibition 
.against feliiii' 
trees, Ac. 



llifdcmeanor. 



Proviso. 



When act to he in 
force. 



Section 1. The General Assembly of JVorth Carolina do 
enacts That it anj person shall fell any trees into the waters 
of Uwharie river or throw any other obstruction therein 
(without removing tht same a once,) at any point between 
Rush's mills, in Randolph county, and the Mongomery 
county line, said person shall be subject to all damages aris- 
ing therefrom, and also be deemed guilty ot a misdemeanor, 
and upon conviction before any court having jurisdiction 
of such offence shall be punished at the discretion of said 
court : Provided^ That dams for the construction of mills 
and other machinery shall not be regarded as obstructions 
within the meaning of this act. 

Sec. 2. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 10th day of February, A. D. 1872. 



CHAPTER CLXXXIV. 

AN ACT FOR THE BETTER PROTECTION OF OYSTERS AND TERRA- 
PINS IN THE WATERS OF NORTH CAROLINA. 



Protection of 
Oyster, beds. 



Section 1. Th& General Assembly of JVorth Carolina do 
enact, That any person catching or taking oysters from the 
native rocks in any ot the waters of North Carolina during 
the months of May, June, July and August, for the purpose 
of selling the same, shall be guilty of a misdemeanor, and 
upon conviction thereof, before a justice of the peace, shall be 



IS 71-' 72.— Chapter 1S4. 391 

fined not exceeding fifty dollars and be imprisoned not Penalty, 
exceeding one month. 

Sec. 2. That any person who shall catch or take from Traffieinj: m 

, , . -._ , __ .. n n * Terrapins, hhIaw- 

the salt waters of JNorth Carolina terrapins less in length fui. 
than four inches, for the purpose of selling the same, and any 
person who shall sell or buy the same when so caught or 
taken, shall be guilty of a misdemeanor, and upon conviction 
thereof , before a justice of the peace, shall be fined not ex- Penalty, 
ceeding fifty dollars and be imprisoned not exceeding one 
month 

Sec. %. That sections one and two, of chapter eighty-one, RepeaMag dsaao, 
of the revised code, are hereby repealed. 

Sec. 4. That any person violating the fourth section, ■■ of £ idi £ am *g!5*t 

v * ° ties for violation.. 

chapter thirty-three of the acts of one thousand eight hun- 
dred and fifty-eight and one thousand eight hundred and 
fifty-nine, entitled " an act to promote and encourage the 
planting of oysters and clams," shall, in addition to the penal- 
ties contained in said section, be guilty of a misdemeanor and 
upon conviction thereof, before a justice of the peace, shall be 
lined not exceeding fifty dollars and imprisoned not exceed- 
ing one month : Provided, That nothing in this act shall Proviso. 
be construed to apply to those who catch oysters and clams 
to supply the local demand in the town of Beaufort and city 
of Morehead. 

Sec. 5. That all laws and clauses of laws in conflict with Repealing efeuww. 
this act are hereby repealed. 

Sec. 6. That this act shall be in force from and after its When act? t» 
ratification. 

Ratified the 10th day of February, A. D. 1S72. 



2S>2 



13 71-' 72.— Chapter 185. 



CII AFTER CLXXXV. 

AN ACT CONCERNING THE ELECTION AND REGISTRATION IN THE 
YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND 
SEVENTY-TWO. 



D«tc of Election. 



€>tficer» to be 
elected. 



Polling places 
how established. 



Advertised. 



■One in eaeh town- 
ship. 



In cities. 

Secratary of the 
■State to supply 
registration 
books. 



Section 1. The General Assembly of JYorth Carolina do- 
enact, There shall be an election held for the following offi- 
cers, on the first Thursday of August, in the year of our 
Lord one thousand eight hundred and seventy-two: 

First, governor; second, lieutenant governor ; third, sec- 
retary of state; fourth, auditor; fifth, treasurer; sixth, 
superintendent of public instruction ; seventh, superinten- 
dent of public works ; eighth, attorney general ; ninth, 
members of congress in the several districts; tenth, mem- 
bers of the general assembly for their respective counties 
and districts, and eleventh, a county treasurer; twelfth, a* 
register ot deeds ; thirteenth, county surveyor ; fourteenth, 
five county commissioners ; fifteenth, a coroner ; sixteenth, 
a sheriff, for their respective counties. 

Sec 2. The county commissioners shall have power to 
establish, alter, discontinue or create such separate places of 
election in their respective counties as they may deem expe- 
dient, giving thirty days notice thereof by advertisement i:^ 
some public journal, if there be one published in the 
county, or in lieu thereof in three places in such county and 
at the courthouse thereof, but there shall be at least one 
polling place in every township, as nearly central as pos- 
sible, and there shall be a polling place open in each ward 
of a city numbering over three thousand inhabitants. 

Sec. 3. The secretary of state shall, on or prior to the 
first Monday of June, year of our Lord one thousand eight 
hundred and seventy-two, provide for and forward to the 
commissioners of counties, on their requisition, suitable reg- 
istration books, when needed, for each election precinct as- 
established heretofore, and for any new precincts which, 
may be established under this act. 



1871-'72.— Chapter 185. 293 

Sec. 4:. If the commissioners of counties do not receive Hoots to be pro- 
vided by eummts- 
.i\ sufficient number ot registration books, as provided in the sioners, when. 

last section, they are authorized and directed to provide the 

tame for their respective counties at the expense of the 

state. 

Sec. 5. The commissioners of counties shall select, on or Registrar of 

voters how and 

before the first Monday of July, year of our Lord one thou- when appointed. 

sand eight hundred and seventy-two, one justice ot the 

peace for each election precinct, who shall act as registrar of 

voters for such precinct; and when tor any cause there are 

not enough justices of the peace to have one at each pre- 

•einct, the commissioners shall appoint some discreet person 

to act as registrar of voters. Said commissioners shall make 

publication of the names ot the persons so selected, at the 

courthouse door, immediately after such appointment, and 

sliall cause a notice to be served upon said persons by the 

sheriff. 

Sec. G. Registrars shall be furnished with a registration Duties of Regi?- 
. ? trars - 

book, and it shall be their duty to revise the existing regis- 
tration books of their precinct or township in such manner 
that said books shall show an accurate list of doctors pre- 
viously registered in such precinct or township, and still 
residing therein, without requiring such electors to be regis- 
tered anew ; and such registrars shall also between the 
hours of sunrise and sunset on each day (Sundays excepted) 
from the first Thursday in July, one thousand eight hundred 
.find seventy-two, up to and including the day preceding the 
first Thursday in August, one thousand eight hundred and 
seventy-two, keep open said books for the registration of 
any electors residing in such precinct or township and enti- 
tled to registration, whose names have never before been 
registered in such precinct or township, or do not appear in 
-the revised list. 

Sec. 7. No elector shall be entitled to register or vote in Where electors 
.any other precinct or township than the one in which he is ay 
an actual and bona fide resident on the day of election, and 
no certificates of registration shall be given. 



294 



1ST1-'T2. — Chapter 185. 



Registration 
books opened to 
inspection. 



Right vf ctisd- 
leojre 



Api*olntnient of 
Judges of elec- 
tion. 



Their duties. 



To attend elec- 
tion. 



KeeppoU i'uoks 



Sec. 8. It shall be the duty of the registrar and judges of 
election to attend at the polling place of their township or 
precinct with the registration books on the Saturday preced- 
ing the election, from the hour of nine o'clock A. M., till the 
hour of live o'clock P. M., when and where the said books 
shall be open to the inspection of the electors of the pre- 
cinct or township, and any of said electors shall be allowed 
to object to the name of any person appearing on said books. 
In case of any such objection the registrar shall enter upon 
his books opposite to the name of the person so objected to, 
the word "challenged," and shall appoint a time and place 
on or before the election day, when he, together with said 
judges of election, shall hear and decide said objection, giving 
due notice to the voter so objected to : Provided, That noth- 
ing in this section contained shall be construed to prohibit 
the right of any elector to challenge or object to the name 
of any persons registered, or offering to register, at any 
time other than that above specified. If any person chal- 
lenged or objected to shall be found not duly qualified, as 
provided in this act, or as provided in the constitution, the 
registrar shall erase his name from the books. 

Sec. 9. The county commissioners, on or before the first 
Monday of July next, shall appoint four judges or inspectors 
of election, two of whom shall be of a different political party 
where possible, from the registrar, at each place of holding 
election in their respective counties. The said j udges of elec- 
tion shall attend at the places for which they are severally 
appointed, on the day of election, and they together with 
the registrar for such precinct or township, who shall attend 
with his registration books, after being sworn by some justice 
of the peace or other person authorized to administer oaths, 
to conduct the election fairly and impartially according to 
the constitution and laws of the state, shall open the polls 
and superintend the same until the close of the election. 
They shall keep poll books in which shall be entered the 
name of every person who shall vote : and at the close of the 
election the judges of election shall certifiy the same over 
their proper signatures, and deposit them with the register 



1871-'72.— Chapter 185. 295* 

of deeds for sale keeping. And said poll books shall in any 

trial tor illegal or fraudulent voting be received as evidence. 

The countv commissioners shall immediately alter the ap- Commissioners to- 

J , . furnish lists of 

pointment of the judges of election, as herein provided, judges to sheriff. 

furnish a list of the names of such judges to the sheriff of 

their county, who shall within ten days send notice ot such 

oppointment upon the said judges ; and if, for any cause, 

any person appointed judge of election shall tail to attend, jjjjjjj* failius to 

the registrar of such township shall appoint some discreet 

person to act as such, who shall be by him sworn before 

acting, and shall be of the same political party as the absent 

j udge or j udges. 

Sec. 1<». Every male person born in the United State and ^|Jf tionof 
any male person who has been naturalized, twenty-one years 
old or upwards, who shall have resided in the state twelve 
months next preceding the election and thirty days in the 
county in which he offers to vote, shall be deemed an elector 
in the township in which he resides, and shall be entitled to 
registration upon application, upon taking the following 

oath : " I, , do solemnly swear (or affirm) that I will Oath of electors. 

support the constitution and laws of the United States, and 
the constitution and laws of North Carolina not inconsistent 
therewith ; that I have been a resident in the state of North 

Carolina tor twelve months, and in the county of for 

thirty days, and that I have not registered for this election 
in any other precinct, and that I am an actual and bona fide 
resident of township. So help me God." 

Sec. 11. No registration shall be allowed on the day of No registration- 

, . , ., in. , • f •! ^ on election day. 

election, but it any person shall give satisfactory evidence to 

the judges ot the election that he has come of the age of 

twenty-one years on the day of the election, or has for any 

other reason, become on that day entitled to register, he 

shall be allowed to register and vote. 

Sec. 12. On the day of election any elector may and it When judges to 
J j j challenge. 

shall be the duty of the judges of election to challenge the 
vote of any person who may be known or suspected not to 
be a duly qualified voter. 



'296 



IS 71-' 72.— Chapter 185. 



Oath of persons 
challenged. 



"When vote to be 
Tejected. 



-Challenge to be 
recorded 



Powers of Regis- 
trars, etc. 



When polls to be 
opened. 



Sec. 13. When any person is so challenged, the judges 
.-hall explain to him the qualifications of an elector, and may 
examine him as to his qualifications, and it' the peiaoj 
insists that he is qualified, and the challenge is not •with- 
drawn, one of the judges shall tender to him the following 
oath: ''You do solemnly swear (or affirm) that you area 
citizen of the United States, that you are twenty-one years 
old, and that you have resided in this state for twelve 
months, and in this county for thirty days next preceding 
this election, and that } T ou are not disqualified from voting 
by the constitution and laws ot this state; that yutir name 
is (here insert the name given), and that in such name you 
were duly registered as a voter of this township, and that 
you are now actual resident ot the same, and that you are 
the identical person you represent yourselt to be, and that 
you have not voted in this election at this or any polling 
place. So help you God." And if he refuses to take such 
oath his vote shall be rejected ; it, however, he does take 
the oath when tendered, his vote shall be received : Pro- 
vided, That atter such oath shall have been taken, the 
judges may, nevertheless, retuse to permit such person to 
vote it they be satisfied from record evidence or their own 
knowledge or other legal testimony adduced before them, 
that he is not a legal voter; and they are hereby authorized 
to administer the necessary oaths or affirmations to all wit- 
nesses brought before them to testify to the qualifications of 
a person offering to vote. Whenever any person's vote shall 
be received atter having taken the oath prescribed in this 
section, it shall be the duty of the clerks ot the election to 
write on the poll books, at the end of such person's name. 
the word " sworn." The same powers as to the administra- 
tion of oaths and examination of witnesses as in this section 
granted to judges of elections, may be exercised by the 
registrars in all cases where the names of persons registered 
or offering to register are objected to. 

Sec. 14. That the polls shall be opened on the day of 
election from seven o'clock in the morning until sunset of 
the same day ; and each voter whose name may appear 



1S71-72.— Chapter 1S5. 297 

registered, and who shall not be challenged and rejected, 

shall hand in his ballots to the judges who shall carefully Manner of voting. 

deposit the ballets in the ballot boxes. 

Sbc. 15. Immediately after any election the judges of Registration 

•' J p Books to be de- 

election shall deposit the registration books fur their respec- posited. 

tive precincts with the register of deeds of their respective 

countiee. 

Sec. 16. The state officers, viz: governor, lieutenant gov- Number of ballots 

, and what to con- 

ernor, secretary ot state, auditor, treasurer, superintendent tain, 
of publie instruction, superintendent of public works and 
attorney general shall be voted for on one ballot. The 
members ot congress for their respective districts, shall be 
voted for on one ballot. The members of the general 
assembly for their respective counties and districts shall be 
voted for on one ballot. The county officers for the respec- 
tive counties, viz : treasurer, register of deeds, surveyor, five 
commissioners, coroner and sheriff, shall be voted for on one 

ballot. The ballots shall be on white paper, and may be Material, colors, 

, . , . . , &C. of ballot, 

printed or written, or partly written ana partly printed, and „, , 

. , r j j i To be without de- 

without device. vice. 

Sec. 17. The county commissioners, or, upon their failure, Ballot bexes, how 

the inspectors ot election, shall provide for each election 

precinct in their respective counties four ballot boxes, one 

for each class of officers to be voted for as prescribed in the 

preceding section, in which to deposit the ballots for such 

officers respectively. Each of said boxes shall have an Description of 

, , boxes, 

opening through the lid of sufficient size to admit a single 

folded ballot and no more. The said ballot boxes shall be Who to keep 

kept by the judges of election for the use of their several 

election precincts respectively. And said judges of election 

before the voting begins shall carefully examine the ballot 

boxes and see that there is nothing in them. 

Sec. IS. When the election shall be finished the registrar How boxes open- 

.and judges of election, in presence of such of the electors as counted.' 

may choose to attend, shall open the boxes and count the 

ballots, reading aloud the names ot the persons who shall 

appear on each ticket; and if there shall be two or more 

tickets rolled up together or any ticket shall contain the 



298 1S71-T2.— Chapter 185. 

mimes of more persons than such elector has a right to vote 
tor, or shall have a device upon it, in either of these cases 
such ticket or tickets shall not We numbered in taking the 

bV'voiti" k ° tS l ° ballots, mit 8nn11 * )e v °id, anJ the said counting of votes- 
shall be continued without adjournment until completed and 
the result thereof declared. 

Returns from Sec. 19. Eeturns from all the precincts shall be made bv 

rreemets. . 

When, and to the ]udges ol election bv noon on Saturday ensuing the day 

whom made. „ t , „. . . . , . , . r . . ' 

of election to the county commissioners, who shall, in the 
presence of such persons as choose to attend, proceed to add 

pubHc?y. be added the number of votes returned, and so tar as county officers, 
members of the house of representatives and senators, where 
the senatorial district consists of but one county, are con- 
cerned, the person having the greatest number of votes shall 

odeirt d° dCCm ' ^ e deemed d ll ty elected, (should any two persons have an 
equal number of votes for the same office, the commissioners 
shall decide which of the two shall be elected.) And if for 
any cause the return of any precinct be not in by three 
o'clock p. in. on that day, then and in that case the commis- 
sioners 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 the county shall be 

Delinquents re- compared, and the meantime they shall direct the sheriff or 
turning omeere. r J 

one of his deputies, to compel the attendance of the dehn 

(jueut returning officer with the vote of his precinct. When 

the commissioners have thus completed the comparison of 

the polls they shall proclaim the result at the courthouse 

door, of the voting in their county for all the persons voted 

t<>r raid the number of votes cast for each, and shall irame- 

suit ['iicd\vi'th C " ( -' at e]y thereafter file with the register of deeds and with 

Register and the sheriff of their county, or in case there be no sheriff,. 

Sheriff. - 

with the coroner, a certified statement of the same: Pro- 
vided*, The counties of Carteret, Hyde and Dare shall be 
allowed until Tuesday after the election to make their 
^olsemed^ " 18 returns. The commissioners shall also file with the register 
of deeds the returns made by the judges of the election of 
each precinct. 



1871-72.— Chapter 185. 29» 

Sec. 20. The sheriff or other returning officers in the Returning offi^rs- 

° of senatorial dis- 

various senatorial districts composed of more than one trfets, when and 

, „ . . , m i • i where To wort, 

isoimty, shall alter receiving the returns as prescribed in the 

last section, meet on the second Thursday in August, one 
week after the election, at the lollowing places in their 
respective districts for the purpose ol comparing the polls : 
In lirst district, at Hertford, in the county of Perquimans. 
In the second district, at Plymouth, in the county of Wash- 
ington. In tiie third district, at Roxabel, in the county of 
Bertie. In the seventh district, at Nashville, in the county 
of Nash. In the ninth district, at PolJocksville, in the 
county of Jones. In the eleventh district, at Kinston, in 
the county of Lenoir. In the tenth district, at Mt. Olive, 
in the county ol "Wayne. In the thirteenth district, at 
Northwest, in the county of Brunswick. In the fifteenth 
district, at Leesville, in the county of Robeson. In the six. 
teenth district, at Fayetteville, in the county of Cumberland. 
In the twentieth district, at Hillsboro', in the county of 
Orange. In the twenty -fourth distiict, at Gibsonville, in 
the county of Guilford. In the twenty-fifth district, at 
Brewer's Mill, in the county of Randolph. In the twenty 
sixth district, at John Webb's, on the Plank Road, in the 
county of Richmond. In the twenty-ninth district, at 
Lanesborough, in the county of Anson. In the twenty 
eighth district, at Mount Pleasant, in the county of Cabarrus^ 
In the thirtieth district, at the Foard's Mill, in the county of 
Rowan. In the thirty-second district, at Germantown, in 
the county of Stokes. In the thirty-third district, at Rock- 
ford, in the county of Surry. In the thirty-lourth district- 
at Taylorsville, in the county of Alexander. In the thirty 
fifth district, at Jeflerson, in the county of Ashe. In the 
thirty-sixth district, at Marion, in the county of McDowell. 
in the thirt3 T -seveiith district, at Early Grove, in the county 
of Catawba. In the thirty-eighth district, at Cherryville, in 
the count}' of Cleaveland. In the thirty-ninth district, at 
Rutherfordtorr, in the county of Rutherford. In the fortieth 
district, at Asheville, in the county of Buueombe. In the 
forty-first district, at Brevard, in the county of Transylvania 



300 



1871-'72.— Ciiaitek 1S5. 



When returning 

officers are pre 
vented from 
meeting on desig- 
nated day. 



Penalty for fail- 
ing to mak« re-. 
turns. 



Messenger to be 
Bent to county of 
delinquent. 



How 6ueh Tote 
to be obtained. 



Returns, how ex- 
amined. 



Declaration of re- 
sult-" 



Comparison of 
poils for members 
of Congress. 



Where and when 
returning officers 
to meet. 



In the forty-second district, at Franklin, in the county of 
Macon. Tf tor any cause any of said sheriffs or returning 
officers are prevented from meeting at said places respec- 
tively, on the aforesaid second Thursday in August, the 
returns of such officers shall bo waited for and received if 
thev arrive on the following day, and the returning officer 
failing to attend at the time and place required as aforesaid, 
shall forfeit and pay one thousand dollars, to be recovered in 
the superior court of his county by any person who may sue 
for the same, and moreover shall be guilty of misdemeanor; 
but if the returns of all the counties of the district be not 
in by Friday noon, then the returning officers shall adjourn 
from day to day until the returns from all the counties be 
received, and in the meantime, shall dispatch a competent 
person, under oath, to the county of the delinquent return- 
ing officer for a certified copy of the vote of that county. 
which shall be furnished by the register of deeds of said 
county, and when received shall be counted ; and when the 
sheriffs shall be convened as aforesaid, the polls for the dif- 
ferent counties shall by them, in the presence of one justice 
and five electors, to be summoned by the sheriff of the 
county where they shall meet, be examined and compared : 
a certificate, under the hands and seals of the returning 
sheriffs, shall be given to the candidate in each district for 
whom the greatest number of votes shall have been given ; 
but if two or more candidates shall have an equal number 
of votes, the said officers shall determine which shall be a 
seuator, and if no decision shall be made by them, they 
shall determine the same by lot. 

Sec. 21. The sheriff or other returning officers of the 
counties of each congressional district, shall meet on the 
third Thursday of August, at the following places in the 
several districts for the purpose of comparing the polls for 
members of congress, namely : In the first district, at the 
courthouse in the town of Plymouth, in the county of "Wash- 
ington. In the second district, at the courthouse in the 
town of Goldsboro', in the county of Wayne. In the third 
district, at the courthouse in the town ot Wilmington, in 



1871~'72.— Chapter 1S5. 301 

the county of Xew Hanover. In the fourth district, at 
the courthouse in the city of Raleigh, in the county of 
Wake. In the fifth district, at the courthouse in the city 
Greensboro', in the county of Guilford. In the sixth dis- 
trict, at the courthouse in the town of Wadesboro', in 
the countv of Anson. In the seventh district, at the 
courthouse in the town of Wilkesboro 1 , in the county of 
Wilkes. In the eighth district, at the courthouse in the 
town Asheville, in the county of Buncombe : Provided, Proviso. 
always, That if any accident may prevent any returning 
officer from meeting on the da} 7 aforesaid, the return shall 
be reteived on the day following; and the returning officer 
failing to attend as required at the time and place above J^^fliw to tum * 
mentioned, 6hall forfeit and pay one thousand dollars, to be attend, 
recovered for the use of the state, in any superior court of 
law, and shall be guilty of a misdemeanor; but if the P«na;ty. 
returns from all the counties of the district be not in by 
Friday noon, then the returning officers present shall adjourn 
from day to day till the returns from all the counties are 
received, and in the meantime shall dispatch a competent Messenger to be 

' . dispatched for 

person, under oath, to the county of the delinquent returning returns. 

officer for a certified copy of the vote of that county, which 

shall be furnished by the register of deeds of said county, 

and when received shall be counted ; and when the returning 

officers shall be convened, the poll for the several counties 

shall be examined and compared by them in the presence J >0ll > how exam- 

of a justice of the peace and ten electors, to be summoned declared- 

by the returning officers of the county where they shall 

meet, and a certificate under the hands of said returning 

officers shall be given to the candidate for whom the greatest 

number of votes shall have been given in said district ; but 

if two or more candidates shall have an equal number of 

YotGS, the returning officers shall determine which ot them 

shall be representative, and if no decision is made by them, 

they shall determine it by lot. 

Sec. 22. The sheriff of each county shall furnish before Certificate of 

the first Monday in September the member or members and how faraisu- 

elected to the house of representatiTes and to the senate, ed " 



502 



1871-72.— Chapter 185. 



Organization of 
county officers. 

Bond*. 



Return for State 
officers, when, 
■by whom and 
iiow made. 



where the district is not composed of more than one county, 
a certificate of election under his hand and seal ; he shall 
also, at least ten days before the first day of September, 
notify all persons elected in the county io meet at the court 
house on the first Monday in September to be qualified. 
The commissioners elect shall be qualified before the clerk 
of the superior court by taking the several oaths of office, and 
shall thereupon organize by electing one of their number a* 
chairman, and proceed to qualify the other officers elected in 
the county, and take the several bonds as prescribed by 
law. 

Sec. 23. The sheriff or other returning officer of every 
county shall on or before the third Monday in November. 
one thousand eight hundred and seventy-two, transmit by 
mail or otherwise to the speaker of the house of representa- 
tives a seperate statement of the votes taken in his county 
for each of the state officers, to wit: Governor, lieutenant 
governor, secretary of state, auditor, treasurer, superinten- 
dent of public instruction, superintendent of public works 
and attorney general, which statement, in each case, shall be 
in the following or some similar form, viz : 



STATE OF NORTH CAROLINA, 

■ County. 



Certificate of 
•Sheriff. 



I, 



-, sheriff of 



county, do hereby certify 



that at the election held in said county to elect a governor 
(or other officers, as the case may be), for four years, from 
the first day of January next, at the places appointed by 

law lor holding elections in said county on the day of 

August, anno Jvmini one thousand eight hundred and 

seventy-two, ■ votes were gi ven for • , and — 

votes for . 

Given under my hand this day of — — , 1S72. 

- , Sherif. 



To whom state- 
ment to be sent. 



If said statements are transmitted by mail they shall be 
directed in sealed packets to the speaker of the house of 



IS 71-' 72.— Chapter 1S5. 303 

representatives, in care of the secretary of state, and if by 
messenger, it shall be sent direct to the speaker of the house 
of representatives, sealed as aforesaid : Provided, That no 
messenger bringing said statements shall receive compensa- 
tion therefor. Any sheriff or other returning officer failing ^Sg e officers. 
or neglecting to perform the duties required in this section 
shall forfeit and pay two thousand dollars to be recovered in 
the superior court of his county by any person who 6hall sue Penalty, 
for the same, and moreover, shall be guilty of a misdemeanor 
and upon conviction thereof, shall be imprisoned at hard 
labor in the state prison for twelve months. 

Sec. 24. The secretary of state shall cause proper forms Sacretary of state 

, t -i • i i i . , to prepare and 

of returns to be prepared and printed and send copies there- transmit forms of 
of with plain directions as to the manner of endorsing, ie urns- 
directing and transmitting the same to the seat of govern- 
ment, to all the returning officers in the 6tate, at least thirty- 
days before the time of holding said election. 

Sec. 2o. The speaker of the house of representatives, in Returns for state 

, „ L officers, how and 

the presence of a majority of the members of both houses of by whom opened 

the general assembly, shall open and publish the returns for an IUK 
governor, lieutenant governor, secretary of state, auditor, 
treasurer, superintendent of public instruction, superinten- 
dent of public works and attorney general, at twelve m., on 
the first Tuesday after the organization of both houses of the 
general -assembly. And if for any cause there be no return infcaee of defec- 
from any county of the state, or if any return be defective, 
a proper return shall be had in such manner at the two 
houses in joint session may direct ; and in either case the 
publication of the result may be postponed to such time as 
the joint .session of the twe houses may deem best. The Who to be de- 
person having the highest number of votes for each office 
respectively shall be declared duly elected thereto, but "if 
two or more be equal and highest in votes for the same in ease of the 
office, then one of them shall be chosen by joint ballot of 
both houses of the general assembly. Contested elections Contested elec- 
Bhall be determined by a joint vote of both hon6es of the 
general assemlJy in the same manner and under the same 



304 



lS71-'72. — Chapter 185. 



Commissions of 
members of Cor.' 
grese. 



Compeneatim of 
returning officers 



Of registrars. 



Penalty for non 
performance of 
duty under this 
act 



ForJfraudu'iBat 

registration or 
voting. 



Penally. 



rules and regulations as are prescribed in cases ot contested 
elections of members ot the general assembly. 

Sec. 26. Every person duly elected a representative to 
congress, upon obtaining a certificate of his election as afore- 
said, shall procure from the governor a commission, certify- 
ing his appointment as a representative of the state, which 
the governor shall issue on such certificate being produced. 

Seu. 27. Every sheriff or other returning officer shall be 
allowed three dollars per day for the time actually employed 
and ten cents per mile for distance travelled for making the 
returns for senators and members of congress, and one dollar 
tor each notice served upon the county officers elect, and 
one dollar for giving certificates to representatives to the 
general assembly, and to the senator? whose district is a 
single county : all to be paid by the county treasurer upon 
the affidavit of the returning officer. 

Sec. 28. The registrar shall receive one cent tor each name 
copied from the original registration book, and three cents 
for each new name registered. 

Sec. 29. Any registrar or judge or judges of election 
appointed under the provisions of this act, or any county 
commissioners, register of deeds, or sheriff failing or neglect- 
ing to make the returns and perform the duties required of 
him by this act, for the non-performance ot which no penalty 
has been hereinbefore imposed, shall be fined not less than 
five hundred nor more than one thousand dollars, or impris- 
oned not more than six nor less than two months, at the 
discretion ot the court. 

Beg. 30. Any person who shall with intent to commit a 
fraud, register or vote at more than one box or more than 
one time, or who shall induce another to do so, shall be guilty 
of a misdemeanor, and on conviction shall be imprisoned not 
less than six nor more than twelve months, or fined not less- 
than one hundred nor more than five hundred dollars, at 
the discretion of the court ; and any registrar ot voters, or 
any clerk or copyist who shall make any entry or copy with 
intent to commit a fraud shall be liable to the same penalty. 



1S7L- 72. -Chapter 1S5— 186. 305- 

Sec. 31. Any person who shall falsely and corruptly take Forfuis.iy taking. 
the oath prescribed tor voters in section ten or thirteen ot 
tins act, shall be deemed to be guilty of perjury, and upon 
conviction thereof shall be lined not less than live hundred 
nor more than one thousand dollars, and be imprisoned at 
hard labor in the penitentiary not less than two nor more 
than live years. 

Sec. 32. The secretary ot state shall, on or before the first siSe toifcmkb 
Monday in June next, furnish the county commissioners of copies of thh act 
each county with a sufficient number of copies of this act to 
supply each county commissioner, register of deeds, sheriff', 
registrar of voters and judges of election with one copy 
thereof. 

Sec. 33. All acts or parts oi acts inconsistent with this Re P ealin « clause » 
aet, are hereby repealed. 

Sec. 34, This act shall be in force from its ratification. ££ e e n ftCttobc T 

Ratified the 10th day of February, A. D. 1872. 



CHAPTER CLXXXYI. 

AN ACT TO AMEND SECTIONS NINE, ELEVEN AND THIRTEEN, 
CHAPTER ONE HUNDRED AND EIGHTY-NINE, LAWS OF ONE 
THOUSAND EIGHT HUNDRED AND SEVENTY AND ONE THOU- 
SAND EIGHT HUNDRED AND SEVENTY-OX K. 

Section 1. The General Assembly of JVorth Carolina <!<• 
enact*, That the following subdivisions and words be and 
the same are hereby added to sections nine, eleven and 
thirteen, laws of one thousand eight hundred and seventy 
and one thousand eight hundred and seventy-Dne, being an 
act entitled " An act in relation to the fees of county officers 
and the supreme court clerk." 

Add after subdivision seventeen, section nine, as subdi- Amendment to 
vision eighteen : '* For examination of woman in case ol 
bastardy, twenty-five cent? : nineteen: for hearing petition 
lor widow*.- year- allowance, and issuing notice to freehol- 
20 



306 



1871-7'2.— Chapter 186. 



^Amendment to 
(fees. 



■AmenAmeat to] 
fees. 



Amendmeut to 
lees. 



Wheit act to be in 
force. 



ders, fifty cents ; twenty : for filing and docketing laborer's 
lien, fifty cents." 

Sec. 2. Add, after eul>di vision thirty-seven section eleven, 
as subdivision 

Thirty-eight: *' Judgment on any question to be decided 
by him, if no appeal, fifty cents ; 

Thirty-nine: Notifying solicitor of removal of guardian, 
twenty-five cents : 

Forty: Taking bond or undertaking of any kind, inclu- 
ding justification, sixty cents ; 

Forty-one: Issuing writ of dower, possession, or similar 
process, seventy-five cents ; 

Forty-two: Receiving, filing and noting resignation of 
guardian, relinquishment of right of administrator or execu- 
tor, ten cents ; 

Forty-three: Application tor appointment of guardian, 
ten cents ; 

Forty four : Recording reports, partition and widow's 
dower, for each copy sheet, ten cents ; 

Forty-five: For every jury impaneled, ten cents; 

Forty-six: Motion in arrest of judgment, ten cents; 

Forty-seven : For every certificate, twenty-five cents." 

Sec. 3. Add after section thirteen, the following words : 
" No witness summoned in a state case shall be allowed to 
prove attendance in more than one state case for any one 
day, but 6uch witness being on attendance because of more 
than one state case, may select in which case or cases he 
will have his attendance taxed." 

Sec. 4. Amend by adding the following section : " No. — 
That in all state cases where there shall be a nolle prosequi 
entered or the defendant shall be acquitted or convicted, 
and be unable to pay the costs, and the court shall not order 
the prosecutor to pay the same, the county shall pay the 
clerks, sheriffs, constables and witnesses half their fees only, 
except in capital felonies and prosecutions for forgery, per- 
jury and conspiracy, when they shall receive full fees. ?1 

Sec. 5. This act shall be in force from its ratification. 

Ratified the 10th dav of February, A'. D. 1872. 



1871-' 72.— Chapter 1ST— 1SS. SOT 



CHAPTER CLXXXYII. 

AN ACT TO AMEND CHAPTER TWO HUNDRED AND SIXTY-TWO OF 
THE PUBLIC LADY'S OF ONE THOUSAND EIGHT HUNDRED AND 
SEVENTY AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY- 
ONE. 

Section 1. Tfie General Assembly of North Carolina do Amendment. 
■enacty That- section four of chapter two hundred and sixty- 
two, of public laws of one thousand eight hundred and 
seventy and one thousand eight hundred and seventy-one, 
entitled "An act to remove obstructions in the Pedee, 
Yadkin and Uwharhe rivers for the purpose of allowing shad 
.and other fish free passage up said rivers," be amended by 
.adding the following proviso : Provided, That any person ProTiso. 
may keep a dam on the said rivers except during the time 
between the fifteenth ot February and the first of June of 
•each year. 

Sec. 2. This act shall be in force from and alter its ratifi- Wtomaetto u, 

force, 
cation. 



Ratified the 10th day of February, A. D. 1872. 



CHAPTER CLXXXY1II. 

A N A OT TO RE-ENACT CHAPTER TWO H UN I >EED AND SEVENTY-EIGHT" 
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT 
AND ONE THOUSAND EIGHT HUNDRED AXt> SIXTY -NINE, ENTI- 
I J.KD " AN ACT TO REVISE AND AMEND THE CHARTER OF THE 
TUOEA.8EGE AND NANTIHALA TURNPIKE COMPANY," RATIFIED 
TWELFTH APRIL, ONE THOUSAND EIGHT HUNDRED AND SIXTV- 
NINK. 

Section 1. The General Assembly, of North Carolina, do Re-eaaei 
enacty That the provisions of chapter two hundred and 
seventy-eight, laws of one thousand eight hundred and 



Proviso. 



308 1871-72.— Chapter 18S— 189. 

sixty-eight and one thousand eight hundred and sixty- 
nine, ratified April twelfth, one thousand eight hundred and 
sixty -nine, entitled " An act to revise and amend the charter 
of the Tuckasege and Nantihala Turnpike Company/' are 
hereby re-enacted in all things except the proviso to section 
two of said act, which is amended so as to read one year 
instead of three years. 
Repealing clause. Sec. 2. That all laws in conflict with this act are hereby 
repealed. 

When act to be in y KC# 3. That this act shall be in force from and after it* 
force. 

ratification. 

Ratified the 10th day of February, A. I). 1872. 



CHAPTER CLXXXIX. 

AN ACT TO CONSOLIDATE THE SCHOOL LAWS AND TO PROVIDE 
FOR A SYSTEM OF PUBLIC INSTRUCTION. 

Section 1. The Genera! Assembly of North Carolina do 

enact, That the state board of education shall meet at such 

Proviso. times as a majority of the members may appoint : Provided,. 

That the governor may call a meeting at any time. 
School fund may ^ec. %• The state board of education may, from time to 
rsTb^tfi" 1 time, as the same shall accumulate, invest the public school 

funds in United States bonds. 
Vnditor author- ^ec. ^' ^ ne state auditor shall keep a seperate and dis- 
ced to keep dis- i[ Uii ^ account of the public school funds, and of the interest 
tmct account of l 

public school and income thereof, also of such moneys as may be raised 

funds. , ' 1 . j. ■ , 1 

by state, county and capitation tax, or otherwise, for school 
purposes, lie shall draw his warrants on the state treasurer 
in favor of any county treasurer whenever such county 
treasurer shall present an order from the state board of 
education. 

Treasurer of Sec. 4. The state treasurer shall be the treasurer of the 

Board - state board of education. 

School funds p*ui Sec. 3. The state treasurer shall receive and hold as a; 

rant oflS/™' special deposit all school funds paid into the treasury, and 

Auditor. p a j th eill Q U t only on the warrant of the state auditor, issued 



lS71-'72. — Chapteh 1S9. 80& 

on the order of the state board of education, in favor of a 
county treasurer, which warrant, duly endorsed by the county 
treasurer in whose favor it is drawn, shall be the only valid 
voucher in the hands of the state treasurer for the disburse- 
ment of school funds. 

COUNTY SCHOOL OFFICEKS. 

Sec. 6. The county commissioners of each county shall Board of adwca- 
constitute a board of education for the county. The chair- 
man of the county commissioners shall be the chairman, the 
register of deeds, the secretarv, and the county treasurer, 
the treasurer of the county board of education. 

Sec. 7. The county boards of education shall have super- Free school* to t>e 

* •'•in tinder ^be K>QP e - r * 

vision of the free schools in their respective counties, shall vision of County 

. . , , . pit Boards of Ediie*- 

decide all controversies relating to the boundaries of school uon. 
districts, or which may arise upon the construction of the 
school law, and shall see that the school law is enforced. An 
appeal, however, may be taken from any decision of a county 
board to the state board of education. 

Sec. 8. The county treasurer of each county shall receive SS^boS* 
and disburse all public school funds. But before entering with security. 
upon the duties of his office, he shall execute a bond with suffi- 
cient security in double the amount of money which may 
come into his possession during any year of his official term, 
for the faithful performance of his duties as treasurer of the 
•county board education. 

Sec 9. The chairman and secretary of county board of Orders must be 

' J m signed by Chair- 

■education shall sign all orders upon the county treasurer for man and Secro- 

i • i , • i i i tai T ot Board, 

school money to which any person may be entitled under 

the provisions of this act, which orders, duly endorsed by the 
persons to whom the same are payable, shall be the only 
valid vouchers in the hands of county treasurers for disburse- 
ments of school money. 

Sec 10. The secretary shall record in a book to be kept Book of record* 
J l tobe'kcptby the- 

for that purpose, all the proceedings of the county board of Secretary. 

•education, and issue all notices and orders pertaining to 

public schools, school houses, sites or school districts, which 



31£ 



1871-'72.— Chapter 189. 



ISook* of statii 

ttCBL 



notices and orders it shall be the duty of the sheriff to scire. 
He shall number all orders which lie may sign on the county 
treasurer for school money, and shall keep an account in his 
books of the number, amount and date ot each order and to- 
whom it is payable. lie shall file away in his office all 
catalogne8 of pupils and teachers, which may be sent to him 
by the teachers of any public school in the county, and shall 
enter upon his book ot school statistics the abstract state- 
ment which may be sent to him by teachers of public schools 
in his county, showing the district in which the school is 
taught, the number of months it is taught, the name of the 
teacher, and the number and average attendance of pupils. 
iiecretarT to senfl Sec. H. In all cases in which an appeal may be taken 
'" from the decision of the county to the 6tate board of educa- 
tion, it shall be the duty of the secretary to send up a' tran- 
script of the proceedings and evidence in the case, together 
with the written statements of the parties. 

Sec. 12. The county board of education of each county 
shall hold two regular meetings every year, on the second 
Mondays in March and September, for the purpose of looking 
after the interests of the public schools : Provided, That 
the chairman may call a meeting of the board at any time. 
At each regular meeting it shall be the dnty of the board to 
examine the books and vouchers of the county treasurer and 
audit his account. Their report upon such examination 
shall be recorded by the secretary. 

Skc. 13. The county boards of education of the several 
counties, at the regular meetings in the month of March of 
every year, shall appoint a resident of the county of good 
moral character and suitable attainments, who shall be 
styled "The County Examiner,"" and shall hold his office 
one year and until his successor shall be appointed. If a 
vacancy should occur in the office of county examiner, the 
board may fill it at any time. 

Sec. 14. The county examiner of each county shall 
examine all applicants for teachers' certificates at the court- 
house of the county on the first Thursdays of January and 
July of every year, and continue the examination from day 



-**e<4ings. 



Biennial mcctin 
•* lw>ard. 



Proviso. 



•Ontntr Exami- 
-aer. 



.Dtrtj of Exami 
ner. " 



1871-' 72.— Chapter 189. 3 It 

to day during the remainder of the week, if necessary, till • 

all applicants aie examined. He shall grant certificates to all 

applicants ot sufficient moral and meutal qualification. If 

any person shall apply for an examination and certificate at 

any other time, the applicant shall pay the examiner a fee of Compensation. 

one dollar. If the county examiner should become satisfied 

that any person to whom a teacher's certificate has been 

granted is guilty of any immoral or disreputable conduct, 

he shall revoke the certificate and give notice to the secre- ^f^ef ° f 

tary of the county board of education. 

■- Skc. 15. The county examiner shall deliver to the secre- Secretary mqat re- 
J ( eieve a catalegw*- 

tary ot the county board of education, on or before the first of teachers. 

day of October of every year, a catalogue of all the teachers 
to whom he gave certificates during the year, also an abstract 
statement of the number, race, and sex of the teachers. It 
shall be the duty of the secretary to file away the catalogue, 
and record the abstract statement. The examiner shall also 
state in writing the days he was employed in examining 
teachers. 

Sec. 16. In each township there shall be bieunially elected Biennial election 
by the qualified voters thereof a school committee of three 
persons, whose duties shall be as prescribed in this act. If 
there should at any time be a failure to elect school commit- 
teemen in any township, or il a vacancy should at any time 
occur, it shall be the duty of the county board of education 
to appoint suitable residents of the townships, or fill the 
vacancy, as the case may be, and the persons thus appointed 
shall exercise all the powers and duties of a school com- 
mittee until their successors are elected and qualified. 
,- Sec. 17. The school committee of each township shall be Corporate body- 
a body corporate by the name and style of " The School Corporate name, 

Committee of Township , in the County of ," 

as the ease may be, and in that name shall be capable of 
purchasing and holding real and personal estate, and of 
celling and transferring the same for school purposes, and of 
prosecuting and defending suit for and against the corpor- 
tion. All conveyances to school committees shall be to them 
and their successors in office. 



3121^ : 1871-72.— Chapter 189. 

Organization of g EC# ig # The school committee ot each township, within 

school committee L 

fifteen days after their election or appointment, shall meet 

at some convenient point within the township, and organize 

by electing one of their number chairman, and another ot 

their number clerk of the school committee. 

ecbool districts S EC . 19. The school committees of the several townships 

designated by 

number. shall lay off their respective townships into convenient 

school districts, consulting as far as practical, the con- 
venience of neighborhood and the wishes of persons inter- 
ested, and disregarding the township boundaries where 
convenience requires it. They shall designate the districts 
by number: as School District. No. 1, School District. No. 
2, &e., of Township , in the ot , as the 

Fr0vlS0 - ease may be : Provided, That where a district lies partly in 

two or more townships, it shall be designated as School Dis- 
trict, No. — , of the township in which the school house is 
situated. 

ffE^SSSj? Sec. 20. The school committee shall consult ti.e conve- 
nience of the white residents in settling the boundaries ot 
districts for white schools, and of colored resident in settling 
the boundaries of districts tor colored schools. The schooled 
the two races shall be separate : the districts may be the same 
or not, according to the convenience of the parties con- 
cerned. In cases where there are two sets of districts in a 
township, they shall be designated as School District, No. 
1, 2, 3, tfcc, for white schools, or School District, No. 1, 2, 
?>, etc., for colored schools, as the case may be, of township 
of , ccc, as before stated. 

™« a h* 2 ii gr f nt ^ Sec - 21. The school committee mav receive anv gift. 
anay be received • J b 

for nse of school, grant, donation or devise made for the use of any school or 
schools within their jurisdiction, and in their corporate 
capacity they shall be and are hereby entrusted with the 
care and custody of all school houses, school house sites. 
grounds, books, apparatus or other public school property 
belonging to their respective jurisdictions, with full power 
to control the same as they r may deem best for the interest 
of the public schools and the cause of education. When in 
the opinion of the committee any school house, school house 



1871- 72.— Chapter 189. 313 

site or other public school property has become unnecessary 

for public school purposes, they may sell to the highest School property 
1 » r ' J •' c not needed may 

bidder and convey the same, after giving twenty days' notice »e sold. 
by advertisement at three public places in the township. 
The deed lor the property thus sold shall be executed by the 
chairman and clerk of the committee, and the proceeds of 
the sale shall be paid to the county treasurer for school 
expenses in the county. 

Sec. 22. The school committee may receive suitable sites Sifce forechoo 

^ nou6e by dona- 

for school house by donation or purchase. In the latter case tion or purchase. 
they 6hall report the price to the chairman and secretary of 
the county board of education. If the latter are satisfied 
that the price is not excessive, they shall approve the order 
of the committee on the county treasurer, which said com- 
mittee are hereby authorized to give for the purchase monev Manner of pay- 

*' . t/ merit. 

in favor of the grantor of the land, and upon payment of 
the order, the title to said site shall vest in the committee 
and their successors in office. Whenever the committee are 
unable to obtain a suitable site tor a school house by gift or pur- 
chase, they shall report to the county commissioners, and the 
latter shall thereupon appoint three disinterested citizens, 
who shall lay off not more than two acres, and assess the 
cash value thereof, and report their proceedings to the 
county commissioners. If said report is confirmed by the 
commissioners, the chairman and secretary of the board of 
education for the county shall approve the order which the 
township school committee shall give on the county treasurer, 
in favor ot the owner of the land thus laid off, and upon 
payment, or offer of payment of this order, the title to said Title vested in 
land shall vest in the school committee and their successors 
in office : Provided, That the improved land shall not be Proviso. 
condemned under the provisions of this section : " And pPfr- Further Proviso 
mded further, That any person aggrieved by the action of 
6aid commissioners may appeal to the superior court of the 
county in which said land is situate, upon giving bond to 
secure 6aid commissioners against such costs as they may 
incur on occount of said appeal not being prosecuted with 
effect. 



314: 



ISn-'TS.— Chapter 189. 



Citizens baiidiu;; 
ichool houses 
may draw on 
Treasurer. 



Free .-rhools. 



Limit and pay. 



Teac-heia associa- 
tion. 



Sm-. 23. It the citizens ot any school district shall by sub- 
scription or otherwise, build and furnish a comfortable 
school house upon a site whieh belongs to the school com- 
mittee, or shall repair and furnish a school house the title to 
which is vested in the school committee, it shall be the duty 
of the school committee to ascertain the net cost of such 
building or repairing and furnishing, and dravr their order 
on the county treasurer tor one-haif of said net cost, in fav-or 
ot such person as those who built or repaired and furnished 
the house may direct, which order the chairman and secre- 
tary of the county board of education shall approve, if they 
are satisfied that the estimate of the eost is fair and proper. 
Such orders as well as those for the purchase ot sites tor 
school houses shall be paid by the county treasurer out of the 
general school fund for the county. 

Sec. 2±. Every school to which aid shall be given under 
the provisions ot this act shall be a free school, to which all 
children between the ages of six and twenty-one years shall 
be admitted free of any charge for tuition, subject to the 
restrictions contained in section twenty. 

Sec. 25. For the support of each free school which shall 
be maintained for four months there shall be allowed out of 
the public school fund the sum of two dollars for each 
scholar, counting their number by the average attendance^ 
for tour months ; and for the support of each free school 
maintained for two months there shall be allowed one dollar 
for each scholar, counting their number by the average atten- 
dance for two months ; and no aid shall be given from said 
find for any school not maintained for at least two months. 

Sec. 26. If twenty or. more teachers shall organize a 
teachers' association by meeting together and electing a pre- 
sident, vice president, secretary, treasurer, and a board of 
five directors, and shall furnish to the register ot deeds of any 
county a report of the names of the teachers present, the 
officers, and the name of the association, and it shall be the 
duty of the register to record this report in the book of the 
school records of his county, and the association thus formed 
shall be a body politic and corporate in law, and in its 



lS71-'72.— Chatter 189. 3L5 

corporate name may sue and be aned, receive, purchase, hold 
and transfer real and personal property for educational 
purposes. 

Sec. 27. Every association which may be incorporated Seeston meeting. 
midcr the provisions of the preceding section, and shall hold 
a session of one month at any time during the year, for 
improvement in teaching at which there shall be an average 
attendance ot twenty or more teachers, shall receive fifty Ctompeueatipn 
dollars a year. 

St.. 2S. The school year shall begin January first and School Term. 
end December thirty-first. 

Sec. 29. Every teacher or principal of a school to which f^br'teacher 00 
aid shall be given under the provisions of this act, shall 
keep a daily record of all absences of pupils, and of the 
grade in scholarship and deportment of each. The grades 
in scholarship shall be indicated by the numbers 1, 2, 3, 4 
and 5 ; one representing the first or highest grade, and five 
the lowest, and the three intermediate numbers, the three 
intermediate grades. The grades in deportment shall be f/g^p 6 m schoK 
represented by the same numbers and in the same order. 
At the end ot every term of a two or four months school, 
and also on or before the first day of October of every year, 
every teacher of a free school shall deliver to the secretary 
ot the county board of education, a catalogue of the pupils f nle * f ° r 
of. the school, in which the average attendance, the scholar- 
ship, and the deportment of each pupil shall be shown, by 
three columns ot numbers parallel to the column of names. 
He shall also give an abstract statement of the length ot the 
term of the school, of the race, number, sex and average 
attendance of the pupils, also the township and district in 
which his school is situated. 

Sec. 3<">. At the middle and end of every two or four liuiea for free 
, , ,. - ,ii i i ,. i school teachers. 

- lonths term ot a free school, the teacher or principal ot the 

pichool shall exhibit to the school committee of the township 
a statement of the number of pupils, their average atten- 
dance, the length of the term and the time taught. lie shall 
also exhibit a teacher's certificate, dated within one year of 
the time. If the committee are satisfied that the provisions 



310 



1371-72.— On a i»tkr ISO. 



Certificate of 
qualification. 



Application of 
the school fund. 



Treasurer to 
make statements 
of amount of or- 
ders for school 
money. 



Duty of Suite 
Bsarcl. 



of this act are complied with, they shall give an order bn 
the connty treasurer, payable to the teacher, for the sum due 
his school for the time taught. But they shall in no case 
give such order unless the teacher produce a certificate of 
mental and moral qualification from the county examiner, 
dated within one year of the time. The teacher shall 
present the order of the committee to the chairman and 
secretary of the county board of education. If they are 
satisfied that the provisions and intent of this act have been 
complied with, they shall approve the order. It shall thoi* 
be paid by the county treasurer out ol the school funds. 

Sec. 31. It shall be the duty of the county treasurer ol 
each county to apply the school funds which may come into 
his possession, under the provisions of this act, and seventy- 
five per cent, of the entire state and county poll taxes for 
the years one thousand eight hundred and seventy-one and 
one thousand eight hundred and seventy-two, which may 
not be paid out or due under the provisions ot the former 
school law, within thirty days alter the ratification of this 
act, in payment of all orders for school money in the order 
in which they may be presented. 

Sec. 32. It shall be the duty of the county treasurer on 
or before the thirty-first day ot December of each year to 
make out a statement of the entire amount of orders for 
school money presented to him during the year, and the 
amount paid out of the county school funds, which state- 
ment must be approved by the chairman and secretary of 
the county board of education. It shall also be the duty 
ot the state board of education at the expiration of thirty 
days after the ratification of this act, to order, upon the 
requisition of each county treasurer, approved by the chair- 
man and secretary of the county board of education, a war- 
rant upon the treasurer ot the state board of education for 
any balance ot the apportionments ol one thousand eight 
hundred and sixty-nine, one thousand eight hundred and 
seventy and one thousand eight hundred and seventy-one. 
which may be due the county. 



1S71-" 72.— Chapter 18& :.U7 

Sec: 33. It shall be the duty of all teachers of free public ^fJSgcn. 
schools to maintain good order and discipline in their 
respective schools, to encourage morality, industry and 
neatness in all their pupils, and to teach thoroughly all 
branches which they profess to teach. If any pupil should 
wilfully and persistently violate the rules of school, such 
pupil may be dismissed by the teacher for the remainder of 
the current term. 

Sec. 34. The state board of education may recommend the J^SmradS* 7 
course of study to be pursued, the text books and other 
means of instruction to be used in the free public schools : 
Provided, That no sectarian or political text books or Pr0V19 °- 
influences shall be used in any free public school. 

Sec. 35. The superintendent of public instruction shall Publication of 

1 r sehool laws. 

have the school laws of the state published in pamphlet 
form and distributed to all school officers in the state ; shall 
have printed all forms necessary and proper for the purposes 
of this act, and shall look after the school interests of the 
state at large, and report to the governor of the state on or 
before the third Monday of November of every year, which 
report shall give information and statistics of the free 
schools, and recommend such improvements in the school 
law as may occur to him. He shall keep his office at the 
seat of government, and shall sign all requisitions on the 0ffice of g _ 
auditor for the payment of money out of the state treasury mtendent, 
for school purposes, copies of his acts and decisions, and of 
all papers kept in his office and authenticated by his signa- 
ture and official seal, shall be of the same force and validity 
as the original. He shall be furnished with such room, fuel 
and stationery as shall be necessary for the efficient discharge 
of the duties of his office as heretofore. 

Sec. 36. All state and county capitation taxes which shall Taxation to con- 

, , statute a revenue. V- 

be levied and collected tor school purposes under the con- 
stitution," and all the tax levied and collected under the 
act, shall be paid to the county treasurer of the counties 
respectively in which the same are collected, and shall con- 
stitute a revenue and fund for the support ot public schools 
lid counties respectively, and shall not be used lor any 



318 1ST1-'T2.— Chapter IStf. 

other purpose. The sheriff or other person collecting suet 
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 the state. The county commissioners 
shall, from time to time if necessary, require the county 
treasurer to give sufficient and good security, by additional 
bond or bonds, so as to secure the faithful administration of 
the school funds ; aud in default so to do, the said cominis- 
Misdemeanor. sioners shall bo guilty ot a misdemeanor, and upon convic- 
tion before the superior court, shall be fined not less than 
three hundred dollars nor more than one thousand. 
School funds not - Sec. 37. All school funds which shall not be required to 
bfadded tothe* pay the school orders ot one thousand eight hundred and 
fund of the next se v 0ntv _ tvTO> sjj^j ^ a( ]ded to the school fund " of the coun- 
ties " for one thousand eight hund red and seventy-three. And 
the school funds for any year which may not be required for 
the school expenses of that year, shall be added to the echo* 1 
fund ot the following year. 
Property taxed _ Sec. 3S. "For raising an additional school fund for the year 
forraising fmnis. Que tboll6anc i e \ g ^ t hundred and seventy-two, six and two- 
third cents On the hundred dollars, shall be and is hereby 
levied 4 upon all the taxable property and credits in the state, 
which shall be collected by the sheriffs of the several coun- 
ties in the state and paid to the county treasurer at the same 
time, and under the same rules, regulations and penalties 
provided for the collection and payment of other county 
Poll tax. taxes. There shall also be levied and collected on each poll 

twenty cents special tax : Provided, That it shall not be 
lawful for the county commissioners of auy county to levy 
an additional tax for free school purposes. 



Proviso, 



tistieal report* 



statistical reports Sec. 30. Tt shall be the duty of the secretary of the county 
of free schools-. ^^ f education tor each county to report to the superinten- 
dent of public instruction on or before the fifteenth day of Oc- 
tober of every year, full and accurate statistics, showing the 
number of free schools in the county, the length ot the term oi 
each, the race, sex, number, and average attendance of pupils, 
as reported to him under the provisions of the twenty-ninth 
section of this act. and the race, sex and number of teachers 



/ 



1871-72.— Chapter 189. 318 

.as reported to him under the provisions of the fifteenth 
section ot this act. And also the number of school children 
in the county, as reported to the county board of education 
under the provisions of section forty-seven of this act. And 
if any secretary of a county board $f education shall fail to 
comply with the provisions of this section at the time above 
stated, he shall be guilty of a misdemeanor, and upon con- 
viction thereof, in the superior court of his county, he shall 
be fined not less than fifty dollars and not more than two Penalty, 
hundred dollar*. 

Sec. 40. The county treasurer of each county shall receive Treasuierway 
. . ii- i ■• reeieve coramis- 

such commissions as are now allowed by section two, sions. 

chapter one hundred and thirty-nine, acts of one thou- 
sand eight hundred and seventy and one thousand eight 
hundred and seventy-one, on the entire amount ot school 
.funds which may pass through his hands each year, but he 
shall state the amount of his. commissions in his annual 
statement to the secretary of the state board of education, as 
provided for in the thirty-second section of this act. The 
secretary of each county board of education shall receive 
such compensation for his services as may be allowed by the 
-county commissioners, which shall be paid out of the general 
county fund, and not out of the school hind. 

Sec. 41. The school committees, shall be exempt from Exemption lrom 
military duty, from working the public roads and lrom 
serving on juries, and shall receive no other compensation 
for their services. Before entering upon the duties of their 
•office, they shall take an oath before a justice ot the peace for Oathadmini6- 
the faithful discharge of the duties of that office. If any 
person who may be elected or appointed school committee- 
man should fail to qualify and discharge the duties of his 
office, he shall forfeit and pay ten dollars to the chairman of 
the county commissioners, which it ie hereby made his duty 
to collect and pay to the county treasurer for the benefit and 
use of free schools. 

Sec. 42. The share of the public school fund arising from Sbare of Public 
., ., , , t , .,'-,.■, school fund musl 

the increase thereof by investment or otherwise to which be treasurer. 

each county may be entitled, shall be paid to the county 



520 



1871-'72.— Chapter 1*9. 



Appointmeut of 
school funds. 



Report of TeaaJ 
t-rV tosoc-iatiuM. 



tloinpuDsatioii 
for examiner 



wilful dUuub. 
ance a roi^l?- 

menror. 



treasurer, or his lawful attorney, upon tho order of the board 
ot" education and the warrant of the auditor, and in like man- 
ner shall all payments from the public school tund be made. 

Sk< . 4o. It shall be the duty of the state board of educa- 
tion, on the first day of January of every year, to apportion 
among the several counties ot the state all the school funde 
which may then be in the treasury of the state board of edu- 
cation, and order a warrant for the full apportionment to 
each county, upon the requisition of each county treasurer, 
approved by the chairman and secretary of the county board 
of education. 

jSfic. 44. Every teachers' association which shall hold an 
animal meeting under the provisions of .section twenty-seven 
ot this act, ehall report to the superintendent of public 
instruction on or before the fifteenth day of October of each 
year, the names of the association and officers, the time and 
place ot the annual meeting and the mode of instruction 
therein. If the superintendent of public instruction shall 
be satisfied that the provisions and intent of the 6aid twenty- 
seventh section have been complied with, he shall draw an 
order payable to the treasurer of said association on the 
treasurer of any county which may be designated in said 
report, which order the chairman and secretary of said 
county shall sign. Said order shall then be paid by the 
treasurer of said county out of the school fund. 

Sec. 45. Every county examiner who shall comply with 
the provisions of this act shall receive as a compensation for 
his services, two dollars a day for every day he may be 
actually engaged in the examination of teachers at the times 
mentioned in the fourteenth section of this act. It shall be 
the duty of the chairman and secretary of each county board 
of education to draw an order on the county treasurer for 
the amount due each county examiner by virtue of this 
ection, payable to said county examiner. This order shall 
be paid by the county treasurer out ot the school fund. 

Sec. 40. Every person who shall willfully interrupt or 
distm ,T > any public or private school, or any meeting lawfully 
■o.n<l peaceably held for the purpose of literary or scientific 



1ST1-72. — Chapter 1S9-190. 321- 

improvement, either within or without the place where such 
school or meeting is held, or injure any school building-, or 
deface any school furniture, apparatus or other school pro- 
perty, shall be guilty of a misdemeanor, and on conviction 
thereof shall he fined not exceeding one hundred dollars, at Penalty. 
the discretion of the court. 

Sec. 47. That it shall be the duty ot the clerk of the gg^-* 8 
township board of trustees in any county, at the same time 
when the taxes of said county are listed, to take and return 
to the county board of education on or before the fifteenth 
day of April ot each year, a full and accurate census of the 
children between the ages ol six and twenty-one : Provided, Proviso. 
That, the clerk of each township shall be allowed five dollars 
for taking a full and accurate census of all the persons in the 
township entitled to the benefits of this act. 

Sec. 48. Chapter one hundred and eighty-four of the laws Repeaiiag elause. 
of one thousand eight hundred and sixty-eight and one thou- 
sand eight hundred and sixty nine, and chapter two hundred 
and thirty-seven of the laws ot one thousand eight hundred 
and seventy and one thousand eight hundred and seventy- 
one, and all other laws inconsistent with the provisions ot 
tins act are hereby repealed, and this act shall take effect ^ t uattttotake 
from and after its ratification. 

Batified the 12th day of February, A. D. 1872. 



G HAP TEH CXC. 

KS ACT TO AUTHORIZE R. F. TROGDEN, THE PRESENT SHERIFF 
OF RANDOLPH (OUNTV, TO COLLECT AREEARS OF TAXES. 

Section 1. The General Assembly of North Carolina do Arrears of taxes- 
mad, ThatK. F. Trogden, the present sheriff of Randolph * be collected. 
county, be and he is hereby authorized and empowered to 
collect all arrears of taxes duo him for the year one thousand 
eight hundred and seventy-one, which collection shall be 
21 



322 



1871-72.— Chapter 190—191. 



Expiration of 
term. 



ProvifcO. 



When act to take 
-eflect. 



made under the rules, regulations and restrictions as other 
collections of taxes are by virtue of the laws of this state. 

Sec. 2. That the power and authority hereby granted shall 
cease and terminate January first, one thousand eight hun- 
dred and seventy-three : Provided, That no person shall be 
compelled to pay such taxes who will make oath before a 
justice of the peace, that he has paid said tax and lost the 
receipt for the same. 

Sec. 3. This act shall be in force from and after its ratifi- 
cation. 

Ratified the 12th day of February, A. D. 1>72. 



CHAPTER CXCI 



Auicuilment. 



Proviso. 



Drainage of ■ 
ditches an obli«- 
gatiorj. 



AN ACT TO AMEND CHAPTER ONE HUNDRED AND THIRTY-SEVEN, 
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTV-NINE 
AND ONE THOUSAND EIGHT 1 I UNBRED AND SEVENTY, ENTI- 
TLED "AN ACT TO TUOVIDE DRAINING WET LANDS." 1 

Section 1. The General AssevJAy of North Carolina do 
enact, That section twelve of the above named chapter one 
hundred and thirty-seven, be amended by adding thereto 
the following : Provided, also, That every person who shall 
take the benefit of this section and shall construct a ditch 
through his lauds to communicate with a ditch upon the 
lands of another, as aforesaid, or shall widen, deepen or 
enlarge the capacity 6f an old ditch, shall also, under the 
same penalties and forfeitures for failure or refusal, be 
required to keep such new ditch or such widened, deepened t 
or enlarged ditch as the case may be, opened and cleaned 
out from end to end, and to erect such dikes as shall be 
necessary to prevent injury to the ditch or ditches below by 
the overflow of sand, water or other earth or debris. 

Sec 2. This act shall lie in force from and after its ratifi- 
cation. 

Ratified the 12th day of February, A. P. 1872. 



1871-72.— Chapter 192. 323 



CHAPTER CXCII. 

AN ACT TO INCORPORATE THE YADKIN RIVER NAVIGATION 

COMPANY. 

Section 1. The General Assembly of Utortft, Carolina do Formation of 
-enact, That for the purpose of improving the navigation of 
the Yadkin river, above the point where the North Carolina 
Railroad passes over said river, the formation of a corporate 
-company with a capital stock ot one hundred thousand dol- Ca P ltal stock. 
Jars is hereby authorized, to be called the Yadkin River Corporate name. 
Navigation Company, and when formed in compliance with 
the conditions hereinafter prescribed, to have a corporate Te,m of tirae - 
■existence as a body politic for fifty years. 

Sec. 2. That the capital stock of said corporation shall be Division of stock. 
divided into shares of fifty dollars each ; and when as much 
as twenty thousand dollars of stock is taken by solvent sub- 
scribers, and five per cent of such subscriptions actually paid 
in, a meeting ot the subscribers shall be called by the com- 
missioners hereinafter appointed, at some time and place to 
be designated by them, or a majority ot them, at which 
meeting said corporation may proceed to organize by the 

■election of six directors, and the said directors shall choose Directors and 
. president elec- 

one of their number as president, and may also elect such ted. 

other officers as may be needful and may be prescribed by 

the by-laws of the corporation : and regular annual meetings Meeting of t-tock- 
«. i , , ,•> , i n i n i -i holders to be 

of the stockholders may be held thereafter, at such places hold annually, 

and time of ye.\r as they may fix upon, at which annual 

meetings elections for officers of said company shall take 

place in the manner above prescribed, but if from any cause 

any annual meeting be not held, all officers shall hold over 

till the next annual meeting; and a majority of the stock Majority of stoek 

to ' J J 9 . to form a 

must be represented in person or by proxy to constitute a .piorum. 

quorum at any meeting of stockholders. 

Sec. 3. That for the purpose of procuring subscription to Ccmmtesioiien 
, . , , . , . r . r/ . t appointed, 

the capital itock ot said corporation, Lewis Zimmer, .). 

R. Ilamlinton, Frank Wagner, ot Wagner ; Hugos and 



1871-72.— CuArTER 192. 



Organization of 
company. 



Treasurer U> give 
bond with secu 
ritv. 



Suit may be 
brought against 
^subscribers rail- 
ing to pay per- 
centage. ' 



Meeting! of stock 
bolder-. 



Pre/visa 



River to be ren- 
dered navigable 
for Steam Ves- 
sels. 



Improvement 
■where to begin 
.ami end. 



Co., Charleston; Stephen II. Clarke, John S. Henderson r 
Archibald II. Hoyden, are hereby appointed commis- 
sioners with powers to open books of subscription at such 
times and places, and tinder the direction of such persons a? 
they or a majority ot them may deem proper ; and they 
shall organize by designating from among thcif number a 
chajrman, a treasurer and other needful officers, and have 
power to require a suitable bond of their trcasnrer for faith- 
fully accounting lor any moneys that, may come into his 
hands ; and they may bring suit in the name of their 
treasurer against any subscriber and recover the five per 
cent of his subscription, it such subscriber has failed to pay 
in so much upon his said subscription ; that their powers 
herein conferred shall, except as to any such suits then pend- 
ing, cease upon the organization of the company., and they 
shall turn over to the treasurer of the company any sub- 
scriptions, moneys and obligations that may be or come into 
their possession ; and when twenty thousand dollars of 
capital stock shall be subscribed, as aforesaid, and five per 
cent, thereof paid in or collected, it shall be the duty of said 
commissioners without delay to call a meeting of the stock- 
holders, or more than one if the first for any cause shall fail 
to be held, that the said company may be organized as afore- 
said : Provided, however, That if said company shall fail to 
be organized within two years from this date, all the rights 
and privileges granted by this act shall be forfeited. 

Sec. 4. That said company shall proceed to make improve- 
ment on the Yadkin river so as to render said river navigable 
for steam barges and other craft, beginning with said work 
at that point where the North Carolina Railroad crosses said 
river, and proceeding to improve from thence up said river 
as far as the town of Wilkesboro ? , and the authority and 
privileges to improve and to use the said river hereby granted 
to said compaiy, shall extend from the town of Wilkesboro*' 
to the Noath Carolina Railroad bridge : and so soon as any 
portion of said river shall be in a condition to be used for the 
transportation of persons or property by steam vessels or 
batteau, the company shall have the exclusive right of navi 



lSTl-'72. — Chapter 192. 323 

nation on said river with such boats, and bhall be entitled to Company to haws 
c 5 excusive right ol 

Bharge for their services in the transportation ot persons and navigation. 

Changes of tvans- 

property, at such rates as not to exceed twenty-nve percent, portation. 
nn their capital in any one year. 

Sec. 5. That said company shall have the privilege of Boom may b<- 

1 * i # c tli row n across 

throwing a boom across the Yadkin river at any point they river. 

may think proper above the Xorth Carolina Railroad bridge, 

for the purpose of catching up timber, either iu logs, rafts or 

other dimensions, and they are hereby authorized to charge J "^ 1 timber 

■toll on all such timbers as may be floated down to their said 

boom for the purpose ot being put in the market lor sale ; 

all such tolls when collected to be exclusively used, under 

the direction of the president and directors of said company, 

for the improvement of the navigation of said river. 

Seo. 6. It shall be the duty of the president of said com- Duty of preside 
pany, on or before the first day of August in each year, to 
make a report to the governor ot the state of the progress 
made by said company, amounts of toll collected, how, when 
and where expended, amounts of freight rafted, floated or 
shipped under the supervision of the company, the income 
ot said company and its general financial condition. 

Sec. 7. That the president and directors of said company, Rigbt of company* 

«» -i i ii i n ii'" to enter open 

their officers and servants, shall have full power and authority lands, && for 
to enter upon all lands and tenements through which the}' a n ueeessary 
may desire to conduct their works and to lay out the same works ' 
according to their pleasure, and they shall have power to 
enter upon and lay out such contiguous land as they may 
desire to occupy as sites for depots, storehouses, warehouses, 
tollhouses and other buildings for the necessary accommoda- 
tion of their officers, agents and servants, their horses, mules 
and cattle, and for the protection of the property ot the 
company : Paycid-cd, however, That the land so laid out for Proviso, 
these latter purposes shall not exceed two acres in any one 
parcel. 

Sec. 8. That if the president and directors ot said com- Asscssmeut of 

■ ii iii damage. 

pany cannot agree with the owner or owners ot the land 
entered upon and laid out by them, as to the terms of the 
purchase, said president and directors or the owner may 



1871-72.— Chapter 192. 



Appointment of 
referees. 



Notice of ap- 

pQt#t5on. 



Clerk to uotif y 
referees. 



19v.tj of referee- 



Return of award 
'm a Bpecificd 
flme, 



Appeal tan be 
made to Superior 
e&rort. 



Reiereee failing; 
To report, Clerk 
fit eourt may su- 
pcreeodthem. 



Title of the land 
10 be vested in 
tbe Company. 



apply in writing to the clerk of the superior court of the 
county wherein said land or a part of it may be situated, to 
cause the damages to be assessed by five referees, entirely 
disinterested, directly or indirectly, two of said referees to 
be appointed by each party respectively, and the fifth by the 
said clerk, five days' notice of the application being given to 
the other party ; and if either 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 upon a day fixed ; and any 
one or more of them attending on that day may adjourn 
from time to time, until the business shall be finished, and 
of the five referees, any three or more of them may act, after 
having been duly sworn or solemnly affirmed before some 
justice of the peace, that they will impartially and justly 
ascertain the damages which will be sustained by the pro- 
prietor of the land, from the condemnation thereof; and 
they shall assess the damages to said property, and return in 
writing and under oath their award to the said clerk within 
ten days after it is made, and the same, when filed, shall be re- 
corded as a regular judgment of the superior court, on whieb 
execution may issue, returnable to the next term of the court. 
Either party dissatisfied with the award may, within five 
days after its filing with the clerk, upon giving an appeal bond, 
covering costs and darnagesjfcn a sum to be fixed by the clerk, 
appeal to the superior court, and that court shall try the 
whole case de novo ; but if the said award shall be disaf- 
firmed, or if the said referees being unable to agree should 
report their disagreement, or for any other cause they should 
fail to report within the time above prescribed, the clerk 
of said court may supercede them, and others may be 
appointed in their stead, as in the first instance. After 
judgment has been obtained and execution has issued against 
said company for the amount of damages so assessed, and 
when said judgment shall be paid and discharged, the title 
of the land for which such damages have been assessed, shall 
be vested in said company in the same manner as if the pro- 
prietors had sold and conveyed it to them ; and the said 



1871-72.— Chapteb 192. 32T 

elerk shall then order the report of the referees to be reg- ggH. 1 " 
istered in his county, and the same shall be read in evidence 
in case of registered deeds tor the conveyance of land. 

Sec, 9. That the said president and directors, for the pur- J^gHK?* 
pose of constructing their works necessary to the improve- company, 
merit of said river, or of repairing the same, shall be at liberty, 
by themselves or agents, at any time, to enter upon any 
adjacent land and to cut, quarry, take and carry away there- 
from any wood, stone, gravel, or earth, which they may deem 
necessary: Provided, however, That they shall not, without Ploviso - 
the consent ot the owner, cut down any fruit tree or any tree 
preserved in any lot or field for shade or ornament, nor 
take any timber, gravel, or stone, constituting any part of 
anv fence or buildings, and for all such wood, stone, gravel 
and earth thus taken, the said president and directors shall 
pay to the owner or owners thereof, a reasonable compensa- Compea 
tion to be by them agreed upon, and in case of their failure 
to aoree upon the value ot said articles, then the same shall 

^ ■■'_/■ Violjvtiiii 1"V free™" 

be valued by three freeholders appointed by any justice ot noiders . 
the peace of the county where such stone, &c, may be situ- 
ated, on the application of the owner thereof, after previous 
notice of ten days to the other party, and in case the other 
party shall be dissatisfied with their determination an appeal A PP ealaU 
shall be allowed and sent up by said justice to the superior 
court of said county, and then to be tried and determined, 
as in other cases of appeals to the superior court. 

Sec. 10. That the president and directors of said com- g^ alion as to 
pany shall cause the works hereby required to be executed 
with diligence, and if they be not commenced within three 
years and completed within fifteen years after the passage of 
this act in so far as the said president and directors shall 
deem the same practicable, then this charter shall be for- 
feited. 

Sec 11 That this act shall be in force from and after its wheaact to take 

effect, 
ratification. 

Ratified the 12th day of February, A. D. 1872. 



328 



1871-72.— Chapter 193. 



CHAPTER OXCII] 



\\ ACT COBTCERNING MARRIAGES, MARRIAGE SETTLEMENTS LN1 
THE CONTRACTS OF MARRIED WOMEN. 

Section 1. Wfvo mayssontract a marriage: 
Marriageable ages The General Assembly of Nxrrih Carolina do enaet, Ail 
unmarried male persons of sixteen years, or upwards, of age. 
and all unmarried females of fourteen years, or upwards, of 
age, may lawfully marry, except as hereinafter forbidden. 
(Revised Code, chapter sixty-eight, section fourteen.") 



"Wfcen marriages 
are void. 



Proviso. 



Skc. 2. Who may not: 

All marriages between a white person and a negro or 
Indian, or between a white person and a person of negro or 
Indian descent, to the third generation inclusive, or between 
any two persons nearer of kin than first cousins, or between 
a male person under sixteen years of age and any female, cr 
between a female person under fourteen years <-i age and 
any male, or between persons either of whom lias a husband 
or wife living at the time of such marriage, or between per- 
sons either of whom is at the time thereof physically impo- 
tent, or is incapable of contracting from want of will or 
understanding, shall be void : Provided, That no marriage 
followed by cohabitation and the birth of issue shall be 
declared void after the death of either of the parties foi any 
©f the causes stated in this section, except for that one of 
the parties was a white person and the other a negro or 
Indian, or of negro or Indian descent to the third generation 
inclusive, and for bigamy. (Id. s. 7, 8, 9.) 



Validity of mar- 
riage. 



5. W/n-at necessary to a ealid marriage : 
The consent of a male aud female person who may law- 
fully marry, presently to take each other as husband and 
wife, freely, seriously and plainly expressed by each in the 
presence of the other, and in the presence of an ordained 
minister of any religious denomination, or of a justice of 



1871-72.— Chapter 103. 320 

the peace, and the consequent declaration by such minister 
or officer that such persons are man and wife, shall he a 
valid and sufficient marriage: Provided, That the law as Proviso - 
now existing, chapter sixty-eight, section three, revised code 
of Xorth Carolina, allowing marriages among the society of 
friends according to a form and custom peculiar to them- 
selves, shall not be repealed or interfered with by the pro- 
visions ot this or any other section of this act. 

Sec. 4. Ministers, <kc, not to celebrate marriage unless a 
license be delivered : 
So minister or officer mentioned in the next preceding Licenee required, 
section shall perform a ceremony of marriage between any 
two persons, or shall declare them to be man and wife, until 
there shall be delivered to him a license for the marriage of 
the said persons, signed by the register of deeds of the county may 1S a& |?en e 6e! 
in which the marriage is intended to take place, or by his 
lawful deputy. 

Sec. 5. License, when to ~be 'issued by register of deeds : 

Everv register of deeds shall, upon application, issue a Licenses granted 

Jo » r n ' when no legal 

license for the marriage of any two persons : Provided, It impediment is in 
shall appear probable to him that there is no legal impedi- 
ment to such marriage : Provided, nevertheless, That Pl '°vi&o. 
where either parties to the proposed marriage shall be 
under eighteen years of age, and shall reside with the father. 
or mother, or uncle or aunt, or brother, or elder sister, or 
shall reside at a school or be an orphan, and reside with a 
guardian, the register shall not issue a license for such mar- 
riage until the consent in writing of the relation with whom tioninwUine: 

gueh infant resides, or if he or she resides at a school, if necessary for 

•■-.'. issuing license. 

the person by whom said infant was placed at school, and 
under whose custody and control he or she is, shall be deliv- 
ered to him, and such written consent shall be tiled by and 
preserved the register. 

Sec. 6. Form of license : 

License shall be in the following or some equivalent Particulars of 

° form. 

form : "To any ordained minister of any religions denomi- 



330 



1S71- 72. — Chapter 193. 



Particulars of 
form. 



Penalty. 



Certificate of 
marriaare. 



nation, or to any justice of the peace, tor county.*'' 

A. B. having applied to me tor a license tor the marriag© 
of C. D., (the name of the man to be written in full) of 

(here state his residence,) aged years, (color as the 

case may be) the son of (here state the father and mother, it 
known, state whether they are living or dead, and their resi- 
dence, it known ; if any of these facts are not known, so 
state'*) and E. F. (write the name ot the woman in full) of 
(here state her residence) aged (here state the number of) 
years, color (as the case may be) the daughter of there state 
the names and residence of the parents, it known, as is 
required above with respect to the man.) If either of 
the parties shall be under eighteen years ot age, the license 
shall here contain the following : " And the written consent 
of G. H., father (or mother, &c, as the case may be) to the 
proposed marriage having been filed with me") and there 
being no legal impediment to such marriage known to me, 
you are hereby authorized, at any time within one year from 
the date thereof, to celebrate the proposed marriage at any 
place within the said county. You are required within 
two months after you shall have celebrated such marriage, 
to return this license to me, at my office, with your signa- 
ture subscribed to the certificate under this license, and with 
the blanks therein filled according to the facts, under penalty 
of forfeiting two hundred dollars to the use of any person 

who shall sue for the same. Issued this day of , 

187—. 

L. M. 
Register of Deeds for County. 

Certificate to be filled up and signed by the minister or 
officer celebrating the marriage, and also to be signed by 
one or more witnesses present at the marriage, who will add 
to their names their places of residence: "I, 1ST. O., an 
ordained minister of (here state to what religious denomina- 
tion, or justice of the peace as the case may be) united in 
matrimony (here name the parties,) the parties licensed above 
on the day of 187 — , at the house of P. R., in- 



1S71-72.— Chapter 193. 331 

(here name the town, if any, the township and county) 
according to law. 

X. O. 
"Witnesses present at the marriage : 
8. T. of (here give the residence. ) 

Sec. 7. Penalty on register for issuing license unlawfully : 

Every register of deeds who shall knowingly or without Maniage licenses 

J p . unlawfully issued 

reasonable inquiry issue a license for the marriage of any two considered a pen- 
persons to which there is any lawful impediment, or where 
either ol the persons is under the age of eighteen years, 
without the consent required by section five of this act, shall 
forfeit and pay two hundred dollars to any person who shall 
sue tor the same. 

.Sec. S. Penalty on minister or officer marrying wit/tout a 
license: 

Every minister or officer mentioned in section three of Penalty on Mm- 
* . . ister or ofhicer 

this act, who shall marry any couple without a license being marrying -without 

first delivered to him, as required by this act, or after the 
expiration of such license, or who shall fail to return such 
license to the register of deeds within two months after any 
marriage celebrated by virtue thereof, with the certificate 
appended thereto duly filled up and signed, shall forfeit and 
pay two hundred dollars to any person who shall sue there- 
for, and shall also be deemed guilty of a misdemeanor. 

Sec. 9. Register of deed* to keep a book of marriages : 

Every register of deeds shall keep a book ('which shall be Register of deeds 

c '. i 3 j lti • • . required to record 

tarnished on demand by the county commissioners of his marriages, 
county ) on the first page of which shall be written or printed : 
"Record ot marriage licenses and of the returns thereto, for 

the county of , from the day of , 1ST — , to 

Che day of , 18 — , both inclusive.'" In said book 

shall be entered, alphabetically, according to the names of 
the proposed husbands, the substance of each marriage 
license and of the return thereupon, as follows: The book 
shall be divided by lines with columns which shall be prop- 



332 



lS71-'72.— Chapter 193. 



Mamerof re- 
cordingmarriage 



erly headed, and in the first of these, beginning on the left, 

shall he put the dated issue of the license; in the second, 
thcname in lull of the intended husband, with his residence ; 
in the third, his age : in the fourth, his color : in the fifth, 
the name in full of the intended witc. with her residence; 
in the sixth, her age: in the seventh, her color; in the 
eighth, the name and title of the minister or pfficer who 
celebrated the marriage; in the ninth the day of the cele- 
bration ; in the tenth, the place of the celebration : in the 
eleventh, the names of all or at least three of the witnesses 
who signed the return as present fit the celebration. The- 
original license and return thereto, shall be filed and pre- 
served. 



Failure to record 
a penalty. 



Sec. Id. Penally on register for failure to record Hoensi 
and return : 

Any register of deeds who shall fail to record, in the man- 
ner above prescribed, the substance of any marriage license 
issued by him, or who shall fail to record, in the manner 
above prescribed, the substance of any return made thereon, 
within ten days after such return made, shall forfeit and pay 
two hundred dollars to any person who shall sue for the 
same. 



Sec. 11. Marriage settlements void as to existing <yreditors : 

When contracts Every contract and settlement of property made by any 

or settlements . . , . \ . -x 

are void. man and woman, m consideration of a marriage between 

them, for the benefit of such man or woman, or of their issue. 
whether the same be made before or after the marriage, shall 
be void as against creditors of the parties making the same 
respectively, existing at the time of such marriage, if the 
tame is ante-nuptial, or at the time of making such contract 
or settlement, if the same is post-nuptial. 

Sec. 12. Marriage settlements void except from registra- 
tion : 

Registration an Every such contract and settlement of property shall be 

exception. . , . , n . » , ., , -, 

void as against the creditors of or perenasers from the Jms- 



. 1371-'72.— Chapter 193. %&\ 

band and wife respectively, us to any lands, tenements or 
hereditaments, and chattels real, conveyed or agreed to be 
sonveyed thereby, except from the registration thereof in 
the county in which such lands, tenements and heredita- 
ments or chattels real lie, and as to any personal property 
conveyed or agreed to be conveyed thereby, except from the 
registration in the county in which such husband and wife at 
the marriage, or at the making thereof, if after the marriage, 
shall reside. 

EFFECT OF MABEIAGE DPON THE LIABILITY OF THE UCS15AND 
AND WrFE ETON HER CONTRACTS UEFORE MARRIAGE. 

Sec. 13. Husband docs not become liable: 

Xo man by marriage shall incur any liability for any debts When husband 
owing, or contracts made, or for wrongs done by his wife 
before the marriage. 

Sec. 14. The liability of the wife continues : 

The liabilitv of a feme sole for any debts owing, or con- Wife's debts in- 

. " eurred before 

tracts made, or damages incurred by her before her marriage marriage to eon- 
shall not be impaired or altered by such marriage. 

Sec. 15. In actions against viife, cojj/j of isummbns to be 
served on husband : 

In all actions brought against a married woman who is Summons of 

,,.,,-. , Wlfe to be served 

not a tree trader, (as hereinafter provided lor,) a copy ol the on husband. 

summons shall be served upon the husband also, and on the 

motion to the court in which the action is pending, he may 

be allowed, with her consent, to defend the same in her 

name and behalf, but no judgment shall be given against Judgement not 
,. i. ■• •!■ r.i • i . . i , . rendered agaiuet 

him, upon any liability claimed against her arising before husband. 
the marriage or upon any contract made by her alone after 
her marriage. 

Sec. 16. Husband may be ordered to pay costs or dis- 
charged from defence : 

Whenever any husband shall be allowed to defend for his atoffgedTom 
wife, he may be ordered to pay costs for any misconduct, tlcfcnc c 



334 



1S71-72.— Chapter 193. 



and may be discharged from the conduct of her defence, if 
it shall appear to the court, that his defence is not bona fd>. 
in her interest. 

WHAT CONTKAOTfi A MARBIKD WOMAN MAY MAKE WITH 

STKAXGKKS. 



Skc. 17. Mot capable of contracting without her ]iv.d>an<t, 
unless a free trailer : 

Hnsband'a -writen >^ u woman during her coverture shall be capable of 
censent necessary _ ° l 

for wife to make making any contract to effect her real or personal estate, 

certain contracts. n i 

except for her necessary personal expenses, or lor the sup- 
port of the family, or such as may be necessary in order te 
pay her debts existing- before marriage, without the written 
consent of her husband, unless she be a free trader, as here- 
inafter allowed. 

Skc. 18. .1 'married vroma/n may become a free trader: 
Qualification for Every married woman <>t the age of twenty-one years or 

becoming a free - ° , • , 

trader. upwards, with the consent of her husband, may become a 

free trader in the manner following : 



Written form of 
free traders. 



Sec. ll». Bow : 
jFi'rst : By ante-nuptial contract, proved and registered 

as hereinafter required ; or. 

Secondly : She and her husband shall sign a writing in 
the following or some equivalent form : 

" A. B., of the age of twenty-one years or upwards, wife 

of C. P.. of county, with his consent, testified by 

his signature hereto, enters herself as a free trader from the 
date of the registration hereof. 
(Signed) 



A. B., 
C. D. 



Witness : E. F. 
Registered this 



dav of 



-, 187- 



The said writing may be proved by the subscribing wit- 
ness, or acknowledged by the parties before any officer 



1871-72.— Chapter 193. 335 

•authorized to take the probate of deeds, and shall be filed 
and registered in the office ef the register of deeds for the 
county in which the woman proposes to have her principal 
•or only place ot business. 

Sec. 20. A free trader from date of registration : 

From the time of the registration of the writing men- Wife a free trader 

° . . ° from date of rcg- 

tioned in the next preceding section, the married woman istratioD. 

therein mentioned, shall be a free trader, and authorized to 

-contract and deal, as if she were a feme sole. 

Sec. 21. Copy from register's hooks evidence : 

A copy ot such writing, duly proved and registered, and E-ridence given, 
certified by the register ot the county in which the same is 
registered, shall be admissible in evidence as certified copies 
of registered deed? are, or mav be allowed to be. 

"Sec;. 22. How she may cease to oe a free trader : 

The right of a married woman to act as a free trader Wife may cease 
. . . . , to be a free trader 

mav be ended at any time by an entry by her, or by her by making mar- 
., " . ,. ,' . , ,. ,. ,i •,• giual entry on the 

attorney, in the margin ot the registration ot the writing register book. 
-above mentioned, to the effect that from the date of such 
marginal entry, she ceases so to act, and by publication to Public notifica- 
that effect weekly, tor three weeks, in some newspaper pub- 
lished in the county in which she had her principal or only 
place ot business, or it there shall be none so published, then 
in any other convenient newspaper. But such entry and 
publication shall not impair any liabilities incurred previously 
thereto, nor prevent such married woman from becoming 
liable afterwards to any person whom she may fraudulently 
indnce to deal with her as a free trader. 

4Sec. 23. Wouuin living separate from her husband, a free 
trader : 

Every woman who shall be living separate from her bus- Woman can be a 
band, either under a judgment of divorce a menseet ihuoro, though separrte 
or from the bonds of matrimony, by a competent court, or lr '"" llusband ' 
under a deed of separation, executed by said husband and 



336 1871-72.— Chapter 193. 

wife, and registered in the county in which she resides, shall 
be deemed and held, from the docketing ot such judgment, 
or from the registration of such deed, a free trader. 

Sec. 21. \}foman abandoned or turned out of dears by her 

husband : 

Wife abandoned Every woman whose husband has abandoned, or shall 
by husband deem* . " , ,• ' ■_. ' ,. . ■', , „ , ... 

ed a free trader, abandon her, or shall maliciously turn her outol doors, shall 

be deemed a free trader, so far as to be competent to coa- 
tract and be contracted with, and to bind her separate prop- 
erty, but the liability of her husband for her reasonable 
support shall not thereby be impaired. 

Sec. 25. Husband liable jointly with to-ife^ for torts avid 

r^nt-s and fines in criminal actions : 
Joint Uabfities or Every husband living with his wife shall be jointly Hable 
^Ife. m with her tor all damages accruiug from any tort committed 

by her and for all costs and fines incurred in any criminal 

proceeding against her. 

Sec. 26. What leases, dec, by wife valid, and what not, 
without pri/oate exam (nation : 
Leases when valid Xo lease or agreement for a lease or sub-lease or assign- 
ment by any married woman, not a free trader, ot her lands 
or tenements, or chattels real, to run for more than three 
years, or to begin in possession more than six months after 
its execution, or any conveyance of any freehold estate in 
her real property, shall be valid, unless the same be executed 
by her and her husband, [.and proved or [acknowledged by 
theiu. and her tree consent thereto, appear on her examina- 
tion separate from her husband, as is now or may hereafter 
be required by law in the probate of deeds of femes covert. 

WHAT CONTRACTS MAY BE MAPI': BETWEEN HI'S BANK AND 

WIFE. 

Sec. 27. What not to be valid unless with sanction of 
judge, dec: 
Contract* not No contract between a husband and wife made during 

reaUsSc Cffect covetnre shall be valid to affect or change any part of the 



1871-72. — Chapter 103. 337 

real estate of the wife or the accruing income thereot, for a 
longer time than three years next ensuing the making of 
such contract, or to impair or change the body or capital of 
the personal estate of the wife, or the accruing income 
thereof, for a longer time than three years next ensuing the 
making of such contract, unless such contract shall be in 
writing, and be duly proved as is required of conveyances for 
land : and upon the examination of the wife separate and Separate exami- 

' l nation for wife. 

apart from her husband as is now or may hereafter be 
required by law in the probate of deeds of feme coverts, it 
shall appear to the satisfaction of such officer, that the wife 
freely executed such contract, and freely consented thereto 
at the time of her separate examination, and that the same 
is not unreasonable or injurious to her. The certificate of 
the officer shall state his conclusions, and shall be conclusive 
-of the facts therein stated: Provided, That the same may Proviso, 
be impeached tor fraud as other judgments may be. 

.Sec. 28. What contracts valid : 

Contracts between husband and wife not forbidden bv the Validity of Con- 

t , • i • . . i ' ', , . tracts. 

•next preceding section and not inconsistent with public 
policy are valid, and any persons of full age about to be 
.married, and subject to the next preceeding section, any 
married persons may release and quit claim dower, tenancy 
.by the courtesy, and all other rights which they migh t respect- 
fully require, or may have acquired by marriage in the pro- 
perty of each other ; and such leases may be pleaded in bar 
of any action or proceeding for the recovery of the rights 
and estates so released. 

■ Sec. 29. Savings from separate estate of 'wife: 

The savings from the income of the separate estate of the Wife's separate 
wife, are her separate property. But no husband who " 1COmc • 
during the coverture (the wife not being a freeholder under 
tin's act,) has received without objection from his wife, the 
income of her separate estate, shall be liable to account for 
.such receipt, tor any greater time than the year next pre- 
22 



338 



1871-72. — Chapter 103. 



ceeding the date ot a summons issued against him in am 
action for such income, or next proceeding her death. 

WHAT ESTATE THE HUSBAND, UPON THE DEATH OF THE WrFE, 
SHALL HAVE IX HER REAL ESTATE. 



Tenant by Cour- 
tesy. 



Sec. 30. Husband tenant by the courtesy : 

Every man who hath married, or shall marry a woman, 
and by her have issue born alive, shall alter her death, he 
surviving, be entitled to an estate as tenant by the courtesy 
during his life, in all the lands, tenements, and heredita- 
ments, whereof his said wife was feneficially seized in deed 
during the coverture, wherein the said issue was capable of 
inheriting, whether the said seizing was ul a legal or of 
equitable estate. 



Sec. 31. Power of married women to make a will: 
Bight ol married Every married woman shall have power to devise and 

woman to be- " ' 

traeath her estate, bequeath her real and personal estate, as if she were a feme 
& • ; and her will shall be proved as is required ol other 
wills : Provided, nevertheless, That no will made by any 
married woman, shall be held to deprive her husband, sur- 
viving, ol his estate in her real property, as tenant by the 
courtesy, as defined in the next preceding section. 



Proviso. 



Husband lo ad- 
minister on the 
estate of a wife 
who dies intes- 
tate. 



Sec. 32. How the personal estate of a married woman intes- 
tate shall be distributed: 
It any married woman shall die wholly or partially intes- 
tate, the surviving husband shall be entitled to administer 
on her personal estate, and shall hold the same, subject to 
to the claims ol her creditors and others having rightful 
demands against her, to his own use. If the husband shall 
die after his wile, but before administering, his executor or 
administrator or assignee shall receive the personal pro- 
perty of the said wife, as a part of the estate of the husband, 
subject as aforesaid. 



1871-'T2.— Chapter 193. 330 

DIVORCE. 

Sec. 33. What marriages may be declared void on applica- 
tion of the parties : 

The superior courts in term time, on application made as When rr-arriagea 
•i l l declared void. 

by law provided, by either party to a marriage contracted 
contrary to the prohibitions in section two (2) ot this act, or 
declared void by said section, may declare such marriage 
void from the beginning, subject nevertheless to the proviso 
contained in said section two (2). 

Sec. 3-i. What to he declared void at all times: 
"All marriages between a white person :rnd a negro, or Marriages which 
_Jndian, or between a white person and a negro or indian 
descent, to the third generation inclusive, shall be absolutely 
void to all intents and purposes, and shall be so held and 
declared by every court at all times, whether during the 
lives or after the deaths of the parties thereto ; and it shall 

not be lawful for the issue of any such marriage to be legiti- p s ?P rin a; not 

J o o legitimatir.ec!. 

mated to the supposed father. 

Sec. 35. For what causes marriage may he dissolved : 

Marriages may be dissolved and the parties thereto divorced Laws of dlvoloe ' 
from the bonds of matrimony, on application by the party 
injured, made as bylaw provided, in the following cases : 

1st. If either party shall separate from the other and live . 
in adultery ; 

2d. If the wife shall commit adultery ; 

Bd'. That either party at the time ot the marriage was and 
stiil is naturally impotent. 

Sec. 30. What cause sufficient for divorce from led and, 
board: 
The superior courts may grant divorces from bed and Causes of di- 

board on the application of the party injured, made as by 

law provided, in the following cases: 

l9t. If either party shall abandon his or her family ; or, 
2d.. Shall maliciously turn the other out of doors ; or, 



340 



lS71-'72.— Chapter 193. 



3d. Shall by cruel or barbarous treatment endanger the 
life of the other ; or, 

4th. Shall offer such indignities to the person of the other 
as to render his or her condition intolerable, and life burden- 
some ; or, 

5th. Shall become an habitual dunkard. 



-Alimony. 



Sec. 37. Alimony on divorce from bed and board: 

When any court shall adjudge any two married persons 
divorced from bed and board, it may also decree to the party 
upon whose application such judgment was rendered, such 
alimony as the circumstances of the several parties may render 
necessary : which, however, shall not in case exceed the one- 
third part of the net annual income from the estate, occupa- 
tion, or labors of the party against whom the judgment shall 
lie rendered. 



Husband to pay 
alimony during 
suit. 



Proviso. 



Further proviso. 



Sec. 38. Alimony pendente lite: 

If any married woman shall apply to a court for a divorce 
from the bonds of matrimony, or from bed and board with 
her husband, and shall set forth in her complaint such facts, 
as if true, will cutitle her to the relief demanded, and it shall 
appear to the judge of such court, either in or out of term, by 
the affidavit of the complainant, or other proof, that she has 
not sufficient means whereon to subsist during the prosecution 
of the suit, and to defray the necessary and proper expenses 
thereof, the judge may order the husband to pay her such 
alimony during the pendency of the suit, as shall appear to 
him just and proper, having regard to the circumstances of 
the parties : and such order may be modified or vacated at 
any time, on the application of either party or of any one 
interested : Provided, That no order allowing alimony pen- 
dente lite shall be made unless the husband shall have had 
five days" notice thereof : And provided, furt/ier, That if the 
husband shall have abandoned his wife and left the state, or 
shall be in parts unknown, or shall be about to remove or 
dispose of his property for the purpose of defeating the claim 
ot his wife, no notice shall be necessary. 



1871-72.— Chapter 193. 341? 

Sec. 30. When wife not seeking for divorce is entitled to 

alimony : 
It any husband shall separate himself from his wife and ^| ba ^?°wK 
fail to provide tor her with the necessary subsistence accord- separated. 
ing to his means and condition in life, or if he shall be a 
drunkard or spendthrift, the wife may apply for a special 
proceeding to the judge of the superior court for the county 
in which he resides, to have a reasonable subsistence secured 
toher and to the children of the marriage from the estate 
of her husband, and it shall be lawful for such judge to 
cause the husband to secure so much of his estate as may be 
proper according to his condition and circumstances, for the 
benefit of his said wife and children, having regard also to 
the separate estate of the wife. 

Sec. 40. Venue in procecdinas for divorce : 

In all proceedings for divorce, the summons shall be Summons return"" 
returnable to the court of the county in which the applicant 
resides. 

Sec. 41. Security for costs on application for divorce or 

alimony : 

It shall not be necessary for either party to a proceeding Jjjjse ^^'^ 

for divorce or alimony to give any undertaking to the other specting payment 

J n •> ° of costs, 

party to secure such costs as such other party may recover. 

The judge of the court in which any such proceeding is 
pending, both before and after payment therein, may at any 
time in his discretion, make any order respecting the pay- 
ment of such costs as may be incurred by the wife, either 
by the husband or by her from her separate estate. 

Sec 42. Cmisequonces of a divorce, a vinculo on the pro- 
perty, of tin parties: 

"When a marriage shall be dissolved for any of the causes Loss of property- 
Bet forth in section thirty-five of this act, the party adjudged guilty party. 
guilty of such cause, shall therebv lose all his or her right 
to an estate by the courtesy, or dower, and all right to any 
year's provision or distributive share in the personal pro- 



342 



1871- 72.— Chapter 193. 



perty of the other, and all right to administer on the estate 
of the other and every right and estate in the real or per- 
sonal estate of the other party, which by settlement before 
or after marriage, was settled upon such party in considera- 
tion of the marriage only. 



Divorce annuls 
all marriage, 
rights. 

Provi so. 



Sec. 13. Consequences of a divorce^ a vinculo on the per- 
sonal /-elation* of the parties : 

After a judgment of divorce from the bonds of matri 
mony, all rights arising out of the marriage shall cease and 
determine, and either party may marry again : Provided, 
That no judgment ot divorce shall render illegitimate any 
children in esse, or born ot the body of the wife during 
coverture. 



Right of dower 
lost. 



Sec. 41. Consequences of an elopement with an adulte- 
rer, d£c. 
If any married woman shall elope with an adulterer, she 
shall thereby lose all right to dower in the lands and tene- 
ments of her husband, and also, all right to a year's pro- 
vision, and to a distributive share from the personal pro- 
perty of her husband, and also, all right and estate in the 
property of her husband, settled upon her upon the sole 
consideration of the marriage, before or after marriage: any 
such elopement may be pleaded in bar of any action, or 
proviso. proceeding, for the recovery of such rights or estates : Pro- 

vided, The husband shall have commenced an action for 
divorce during his lifetime. 

Sec 45. Consequences of a husband separating from his 
wife, and living in adultery : 
Husband separa- jf any husband shall separate himself from his wife and 

ting himself from •' r , 

wife loses all live in adultery, he shall lose all his right and estate as 

• right and estate , , , , , j i v 

as tenant i>y oou r- tenant by the courtesy in the lands, tenements and heredi- 
taments of his wife, and also ail his right and estate of 
whatever character, in and to her personal property, as 
administrator, or otherwise ; and also any right and estate hi 
the property of his wife, which may have been settled upon 



1871-' 72.— Chapter 193—194. 343 

him solely in consideration of the marriage, by any settle- 
ment before or alter marriage ; and such separation, and 
living in" adultery, may be pleaded in bar of any action or 
proceeding for the recovery of such rights or estates : Pro- Proviso. 
vided, The wife has commenced an action for divorce in his 
lifetime. 

/Sec. 10. Consequences of divorce upon the right to the 
custody of the children ; 
After the filing of a complaint in any proceeding for ^to^oS?- 5 
^divorce, whether from the bonds of matrimony, or from bed l ^£ n °* forced 
.and board, both before and after final judgment therein, it 
■shall be lawful for the judge of the court, in which such 
.application is or was pending, to make such orders respect- 
ing the care, custody, tuition and maintenance of the children 
•of the marriage as may be proper, and from time to time to 
modify or vacate such orders : Provided, That no order Proviso- 
respecting the children, shall be made on the application of 
either party without five, days notice to the other party, 
unless it shall appear that the party having the possession 
• or control ot such children, has removed or is about to 
remove the children or himself, beyond the jurisdiction of 
the court. 

Sec. 17. 

This act shall be in force from the first day of July, one when act to be in 
•thousand eight hundred and seventy-two. 

Ratified the 12th day of February, A. D. 1872. 



CHAPTER CXCIV. 

AN ACT MA KINO INDICTABLE THE FELLING OF TREES INTO NEUSE 

RIVER. 

Section 1. The General Assembly of North Carolina do Felling trees a 
enact, That it shall not be lawful for any person to fell or 
•cause to fall any tree into Neuse river, and if any person 



344 



1871 -72.— Chapter 194—195. 



Proviso. 



When act to take 
effect. 



shall offend against the provisions of this act, or shall incite* 
or procure any other person so to do, he shall be guilty of a 
misdemeanor : Provided. That this act shall have reference- 
only to that portion of the Nense river within the bounds of 
"Wake county. 

Sec. 2. This act shall be in force from its ratification. 

Ratified the 12th day of February, A. ]). 1872. 



CJI A PT EE CXCV 



AN ACT TO GIVE THE CHIEF OFFICERS OF THE CITIES AND TOWNS 
THE CRIMINAL JURISDICTION OF JUSTIOE8 OF THE PEACE. 



Officers of cities 
and towns in thi^ 
State to be gran- 
ted the duties od 

Justice of the 
Peace. 



Proviso. 



Violation of or- 
dinance, a misde- 
meanor. 



When aet to take 
effect. 



Section 1. Tit e General Assembly of North Carol hut do- 
enact, That it shall and may be lawful for the chief officers 
of all the cities and towns in this state, by whatever name 
or title such chief officers may be named, and it shall be- 
their duty to have and exercise all the jurisdiction, powers 
and duties given to justices of the peace by chapters two r 
three and four of an act being chapter one hundred and 
seventy-eight of the acts of one thousand eight hundred and 
sixty-eight and one thousand eight hundred and sixty-nine,. 
which is entitled, " Of proceedings in criminal cases," sub- 
ject to the restrictions and limitations contained in those 
chapters: Provided, ~No such chief officer shall take juris- 
diction of any offence committee beyond the limits of the- 
city or town of which he is such chief officer. ^Nothing in 
this act shall be held to impair the jurisdiction heretofore 
given to justices of the peace of the county. 

Sec. 2. Any person or peisons violating any ordinance of 
any city or town of this state shall be deemed guilty of a 
misdemeanor, and shall be subject to the provisions ot this 
act. 

Sec. 3. This act shall go into effect on its ratification. 

Ratified the 12th day of February, A. D. 1872. 



1871- 72. -Chapter 190—197. 345 



CHAPTER CXCVI. 

AN ACT TO AMEND SECTION FOUR HUNDRED AND NINETEEN, 
CHAPTER ONE, TITLE NINETEEN OF THE CODE OF CIVIL PRO- 
CEDURE. 

Section 1. The General Assembly of Worth Carolina do Amendment. 
enact, That subdivision four, section four hundred and nine- 
teen, chapter one, of title nineteen, of the code of civil pro- 
cedure, be amended by adding thereto the following words : 
" Or if he or she, as the case may be, shall renounce the 
executorship and endorse the same on tliG will or on some 
paper attached thereto, before it is propounded for probate, 
in which case the renunciation must be recorded with the 
will if admitted to probate." 

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

force, 
cation. 

Ratified the 12th day of February, A. D. 1872. 



CHAPTER CXCVII. 

AN ACT TO EMPOWER THE SUPERIOR COURT .JUDGE TO APPOINT 
A COMMISSIONER IN CERTAIN CASES FOR THE SETTLEMENT 
OE ESTATES. 

Section 1. The General Assembly of North Carolina do Settlement or. es- 

J u tates. 

cnad, That in all cases where the judge of probate was or 

shall be executor or administrator of any estate at the time 

of his election to the office of probate judge, in order to 

enable the judge of probate to settle such estate, the judge 

of the superior court is empowered to make such order as pSSSSftoBiSi?" 

may be necessary in the settlement of the estate; may audit account-. 

the accounts or appoint a commissioner to audit the accounts 

of such executor or administrator, and report to the judge 



uc, 



1S71- 72. — Chapter 107—198. 



Approval of f t ] je superior court for his approval, and when the accounts 

Jud.ujc of bupe- x ii 

rior court. are so approved by the judge of the superior court, it shall 

be his duty to order the proper record to he made by the 

Record made by i n dcre of probate, and the accounts to be filed in the probate 
Judge of Probate. J © r J i 

court. 
When act to be in g Ea 9. That this act shall be in force from and after its 

ratification. 

Ratified the 12th day of February, A. D. 1872. 



CHAPTER CXCYIII. 

AN ACT FOK THE BELIEF OF CERTAIN TAX PAYERS OF WILSON 

COUNTY. 



Receipts taken in 
payment for 

taxes. 



Deduction from 
♦school fund. 



When act to take 
effect. 



Section 1. The General Assembly of North Carolina do 
enact, That in the collection of the taxes levied for the sup- 
port of the public schools of the state, for the year one thou- 
sand eight hundred and seventy-two, the sheriff of Wilson 
county be and he is hereby instructed to receive in payment 
of such taxes any receipt or receipts given by the constable 
or other collecting officers of any township in said county, 
for taxes heretofore illegally levied and collected by the 
board of trustees, or school committee of such township, for 
the support of public schools, and the amount of such 
receipts shall be deducted from the apportionment of the 
school fund for the }-ear one thousand eight hundred and 
seventy-two, for the township in which such receipts were 
taken. 

Sec 2. This act shall be in force from its ratification. 

Ratified the 12th day of February, A. D. 1872. 



1871-' 72.— Chapter 199. 347 



CHATTER C X C I X . 

AN ACT TO ENABLE ANY PERSONS 1 NOT LESS THAN THREE, TO 
BECOME INCORPORATED AND TO REGULATE SUCH AND OTHER 
CORPORATIONS. 

Section 1. The General Assembly of North Carolina do 

.■e.nact as follows : 

Any three or more persons desiring to form them- T, ; e * &miiu ^ of 
J L a private corpora- 

selves into a private corporation for any purpose not tkms. 

unlawful, may tile with the clerk of the superior court 
of the county in which it is proposed that such corporation 
shall have its only or principal place of business, a written 
plan of incorporation in which shall be set forth the follow- 
ing particulars : 

Zirst. The name and residences of those proposing to be 
incorporate. 

Secondly. The name of the proposed corporation, the Qualifications, 
place in which it proposes to have its principal or only 
place of business, and the general purpose of the corporation, 
.and the nature of the business which it proposes to do. 

Thirdly. The amount of the capital stock and the num- 
ber of shares into which it is to be divided, showing the 
par value of each share. 

Fourthly. The number of shares which upon incorpora- 
tion will be owned by each of named corporators. 

Fifthly. The title of the principal officers. 

Sixthly. By whom the corporation shall be governed and 
how the} T shall be elected, and by what proportion of cor- 
porators the by-laws shall be made, and the number of votes 
which the various number of shares held by one person shall 
have at a general meeting. 

Seventhly. How often regular general meetings of the 
stockholders shall be had, and by whom the times and places 
•of such meeting shall be designated. 

Eighthly. Whether or not the stockholders of the cor- 
poration shall be individually liable for its debts. 



348 1871-72.— Chapter 199. 

Ninthly. Any other matters which it may be desirable- 
to set forth in the organic law. 

Sec. 2. Religious, c(v., corporations need not "tote capital 
stock. 

SSedfwS 1K>t Corporations having no. capital stock and no shares, and 
Kgious corpora- which are proposed not at all for trading purposes, but exclu- 
sively for religious, benevolent, charitable or social pur] 

need not state the amount of their capital stock. 

c - . 3. Clerhto issue permits to open books of subscript-ion . 
Form of opening On the filino ot such plan oi incorporation, signed by the: 

hooks of Mill- = L T • 

sriptiot!. proposed original corporators, whose signatures shall he- 

proved to the satisfaction of the clerk, as deeds are required 
to be, the clerk shall append to one or more copies thereof,, 
a permit to open books of subscription to the capital stock 
of the proposed company, at such times and places as may 
be desired, and all subscriptions to such plans shall bind the 
subscribing parties according to the terms thereof. 

Sec. 4. If two-thirds not subscribed, proposition deemed 
abandoned : 

Two-thirds of the If two-thirds or more of the capital stock be not sub- 
capital stock re- , . in 
qnisite for corpo- scribed lor withm twelve months after the date of such 

permit, (the day of the date excluded,) the proposition to- 
incorporate shall be deemed abandoned. 

Sec. 5. If two-thirds of stock are subscribed for, cleric to* 
fall a meeting. 

When two-thirds If two-thirds or more ot the capital stock shall be sub- 
capital stock are ' . A .11 
subscribed, a scribed for within the twelve months next ensuing the date- 

meeting of stock- , , . , , ,, , , s ,, . . , 

holders may be of the said permit, it shall be the duty ot the clerk on 
request by any subscriber or corporator, at any time within- 
two years next ensuing the date of such permit, to call a 
meeting of the proposed corporators and subscribers, at the 
place designated in the plan of incorporation, as the prin- 
cipal place of business of the proposed corporation, or at some 
convenient place near thereto : such call shall be advertised* 



railed. 



1871-7'2.— Chapter 199. 349 

.-.at least ouce a week for not less than twenty-one days, in {• 1 ^ 1 , i , c h -e^ lhka ' 
some newspaper published in the judicial district in which 
aush principal place ot business is situated, or if there be no 
such newspaper, then in some newspaper published in the 
city of Raleigh, and at the door of the courthouse of the 
-county in which such principal place ot business is situated. 
The clerk shall not be required to make such advertisement 
until he shall be paid the expense thereof. 

Sec. 6. What is to he done at the meeting : 

At the meeting held under such call the subscribers shall JSSSdSteS 
vote as prescribed in the plan of incorporation ; they shall officers. 
elect such officers as may be provided for in the plan and 
such others as they may think proper ; they may adopt any 
by laws, not inconsistent with law, or with the said plan. 

Sec. 7. If ten per cent not paid, proposal deemed aban- 
doned: 

If ten per cent, of the capital stock subscribed for be not Proposal of m- 

J ' t corporation to bo 

paid before or at the said meeting, or within three months abandoned if ten 

. . per cent is not 

thereafter, to some person authorized to receive the same, paid. 
the proposal of incorporation shall be deemed abandoned, 
and all sums paid on subscriptions for the stock shall be 
refunded, subject to a deduction of a ratable proportion of 
the expenses lawfully incurred by the purposes in procuring 
the incorporation. 

Sec. S. How incorporation completed: 

It shall be the duty of the chief or some officer of the pro- Fo ™ 3 £ incorpo- 

» i L ration. 

posed corporation, within six months after the meeting afore- 
said, in case ten per cent, or upwards on the subscriptions 
to the capital stock ot the proposed corporation shall have 
been paid as above required to certify such payment to the 
:-lerk, together with a list of the subscribers, showing the 
number of shares subscribed tor by each, and the sums 
paid by each, and the proceeding of the meeting herein- 
before provided for ; the same shall be attached to a copy 
of the plan of incorporation, tiled in the clerk's office, 



350 



1ST 1-72.— Ciiapteu 199. 



order for n^istra- an ^ ^ 1C clerk shall thereupon endorse thereon an order for 
tion. the registration of such plan and list of subscribers and offi- 

cers, by the register of deeds of the county, and upon such 
registration the proposed corporation shall be a corporation 
by the name and tor the purposes in such plan set forth ; 
copies of such plan and lists fiom the books of the register 

y\' u J and duly certified by him, shall be admitted as evidence in 

titled evidence. - " 

all flourts, as copies of deeds are, or may be allowed to be. 



Fees of elerk. 



(Jontiuou? iden- 
tity. 



Provis-o. 



Bights, jrivi 
legee, &e. 



Sec. 9. Fees of cleric and register : 

The clerk and register shall respectively receive tor their 
services the like fees as are or may be allowed on the paobate 
and registration of a deed tor land. 

Sec. 10. Power of corporation : 

Every corporation formed under this act shall possess the 
following powers : 

First. Continuous identity : Continuous identity for the 
term named in the plan of incorporation , or if none be named, 
perpetually : Provided, That every corporation may for 
just cause, and without prejudice to private rights, be sus- 
pended, dissolved, or nullified according to any general 
public law now existing or which may be hereafter enacted 
by the general assembly. 

Secondly. Power to contract, cCr.: Power to contract and 
be contracted with in its corporate name, within the scope- 
of the purpose of the corporation, either under its common 
seal or in cases where a seal is not required by law to the 
validity of a like contract by an individual through its chief 
office)', or by some other officer appointed for the purpose 
by the by-law T s or by special resolution at a general meeting. 

Thirdly. Poicer to sue, cfrc : Power to sue and be sued, 
plead and be impleaded. 

Fourthly. To make by-laws : Power to make by-laws not 
unreasonable and not inconsistent with law, for the regula- 
tion and government of the corporators as such. 

Fifthly. To purchase and hold property : Powers to 
purchase, hold and convey personal property, and also real 



1871-72.— Chapter 109. 351 

property, to a quantity not exceeding that specified in this 
act, or in any which may hereafter be enacted. 

Sec. 11. lloio unpaid suVscri/ptions may he enforced : 

The corporation shall have a lien on the stock of each Corporation may 

1 m _ hare a hen on 

subscriber or stockholder for the unpaid residue of his sub- stock. 
scription, and lor all unpaid dues to the corporation : Pro- Proviso. 
vided, That if upon the certificate of ownership of shares, 
such indebtedness or liability do not appear, a oonci fide pur- 
chaser of such shares without notice shall take free from 
any lien for the antecedent indebtedness of his assignor. 

The interest and estate of any subscriber or stockholder in Estates may be 

, tit ,. . . sold under execu- 

any company may be sola under execution issuing upon any tion. 

judgment recovered by the company against him as other 

like personal property may be by law. 

Sec. 12. What company may do after registration of 

plan : \ 

After the registration of the plan of incorporation as pro- ^fter registration 

.-,,,.. • i • i company may 

vided tor in section ol this act, the company may hold meetings, 

hold meeting, enact by-laws and elect officers and exercise 
all the powers belonging to corporations under this act. 

Sec. 13. Not to do or attempt any corporate act lefore reg- 
istration : 

iTo proposed corporation shall be deemed incorporated or Company to have 
, , no right before 

shall do or attempt any corporate act except as the same is registration. 

herein expressly allowed, or contract in its corporate name 

before the registration of the plan. The persons receiving 

subscriptions to the capital stock of the company may give Certificates to be 
. . .... , , given. 

certificate ol subscriptions, and the proper persons may 

give receipts for payments upon such subscriptions ; but no 

certificate of stock shall be issued until after such registra- 

ti m. 

Sec. 14. WJyat certificate of stock shall set forth : 

Every certificate of the ownership of stock in any incor- Certificates to be 
porated company shall be signed by the chief officer ol the of company, 
company, or by such other officer or officers as shall be 



352 



1871-72.— Chapter 190. 



What certificate 

shall .show. 



appointed b} r the company for that purpose. It shall set 
forth : 

First. The name of the company. 

Secondly. The amount of its capital stuck. 

Thirdly. The par value of such share. 

Fourthly. The name of the holder and the number of his 
shares. 

Fifthly. The date of its issue. 

Sixthly. "Whether or not the stockholders according to 
the plan of incorporation are individually liable on the 
contracts of the corporation. 

Sevent/dy. The date and place of registration of the plan 
of incorporation. 

Eightly. The amount which has been paid on the shares. 



False*tatem.cnts 

a misdemeanor. 



Certificates to b." 
endorsed by 
owners. 



Invalidity of cer- 
tificates. 



Sec. 15. Penalty for issuing in other form : 

It the chief or other authorized officer of any company 
shall issue any cortiticate of stock on which it shall not be 
stated whether or not the stockholders are individually liable 
on the contracts of the company, according to its plan of 
incorporation or in which the fact of such liability shall be 
falsely stated, it shall be held that upon all contracts made 
after the date ot such issue, all the officers of*said company 
are individually liable as sureties for the company to such 
contracts, and they may be sued as such, whether by the 
plan of incorporation the individual stockholders were or 
were not liable, and the officer issuing such certificate shall 
be deemed guilty of a misdemeanor. 

Sec. 16. Certificates of stock how assignable, effect of assign- 
ment: 

Certificates of stock shall be assignable by the endorse- 
ment of the owner, or by some writing attached thereto : 
but no assignment of the stock of any company by the reg- 
istered plan of incorporation, ot which the individual stock- 
holders are liable for the contracts oi the company, shall be 
valid to exonerate the assignor from such liability upon 
contracts made alter such assignment, until such assignment 



1871-'72.— Chapter 190. 35£ 

shall have been entered on the stock book of the company, 
nor shall any company be bound to notice of such assign- 
ment until the same, authenticated as may be required by 
the by-laws, shall be presented to the proper officer for entry 
on such book. 

Sec. 17. Certificates of stork may le renewed, and what 
to he set. forth : 
Certificates of stock may be renewed or re-issued from Renewal of certir 
time to time, according to the by-laws, and upon every 
renewal, or re-issue, the certificate shall set forth its own 
date and the date of the original issue. 

Sec. IS. Subsequent payment for stool: to he endorsed on 

certificate : 

Every payment for stock made by any holder to the com- Payment endor- 

,\ .\ • n ,./-.,',,, , sea on certificate;.. 

pany after the issue of any certificate, shall, at the request 
of the holder making the payment, be endorsed on such 
certificate. 

Sec. 19. Every corporation to keep list of stockholders: 

Every corporation having a capital stock divided into Bookjfcept for 
shares, and not exclusively for religious, benevolent, ehan- cofpJrSfn? 001 ^ 
table or social purposes, shall keep a book, in which shall be 
entered the names of original holders of certificates of stock, 
the number of shares, the par value of each, the amounts paid 
thereon, all assignments and re-issue of shares with the date 
thereof; this book shall be open at all proper times and 
under proper regulations, to the inspection of all stock- 
holders, and in the case of companies, whose stockholders 
by the registered plan of incorporation are individually 
liable, to the inspection of all creditors and contractors with 
the company. 

Sec. 20. Stockholders when individually liable and to what 
amount : 
The stockholders in every corporation, which in its reg- individual liabill- 
istered plan of incorporation shall set forth, that the stock- ties ' 
holders will be individually liable for the contracts of the 
23 



1871-' 72.— Chapter 199. 

company, shall be liable upon all judgments which may 
be confessed by, or recorded against the company, upon any 
contract made or entered into by the company, to the 
amount of the par value of the shares held by them 
respectively at the time of the making or entering into such 
contract, and such liability may be enforced in the manner 
following: 



Enforcement of 
liabilities. 



Judgments ren- 
dered. 



Conclusive evi- 
dence. 



Presumptive evi- 
dence. 



Duty of clerk. 



Sec. 21. How liabilities enfor<<<<: 

Any creditor obtaining a judgment against such corpora- 
tion as is mentioned in the next preceeding section in which 
judgments shall be set forth, the date of the contract declared 
on and having docketed the same in the superior court of 
the county in which the company lias its only or principal 
place of business, and having caused an execution to issue 
against the property of the company, may when such exe- 
cution shall be returned unsatisfied, give notice to any per- 
son or persons who was or were a stockholder or stock- 
holders in such company, that on a certain day, which shall 
not be less than twenty days after the service of such motion 
he will move before the clerk of the superior court of the 
county in which such stockholder or stockholders reside, for 
several judgments against him or them for sums not exceed- 
ing the par value of the shares held by them respectively in 
such company at the date of the contract recovered on, and 
not exceeding in all the amount of each recovery ; on motion 
pursuant to the notice, a certified transcript of the jndgment 
against the company, shall be held to be conclusive evidence 
of the existence of the debt by the company and of the date 
of the contract, unless the recovery shall be impeached for 
fraud by the answer of the defendant under oath, and the 
certificate of the prober officer of the company shall be pre- 
sumptive evidence of the ownership by the defendant of the 
shares stated iu such certificate at the date therein stated, 
unless the statement in the same shall be in like maner 
denied. And it shall be the duty of the clerk, unless the 
allegations of the plaintiff shall be denied as aforesaid, to give 
the judgment demanded; either party shall have the right 



1871-72.— Chapter 199. 355 

to a trial by jury, and to an appeal under the regulations Trial by jury, 
prescribed in other like cases. 

Skc. 22. < Other remedy by special proceedings : 

Any creditor ot a corporation, by judgment docketed in Actionem be 

J 1 j j o brought against 

the county in which the corporation has its only or principal corporation, 
place of business, upon which an execution has been 
returned unsatisfied, or any corporator of a corporation who 
voluntarily or under compulsion, as is provided in the next 
preceding section, shall pay any such judgments against the 
corporation, may institute by summons, as is provided in 
other cases of special proceedings, an action against the cor- 
poration in the superior court of the county in which it has 
its only or principal place of business, and by his complaint 
suggest that such corporation is insolvent, of which the insolvency of 

ot> 1 ' corporation. 

judgment against it shall be prima facie evidence, and 

demand judgdment of the court, that the corporation be 

dissolved or suspended and its effects applied pro rata to the 

payment of its debts; and if the corporation be one for the 

contracts of which the individual stockholders are liable by 

the registered plan of organization, he may also demand Judgment may be-. 
01=1 - ; demanded. 

judgments, that after the effects ot the corporation shall 
have been exhausted the debts of the corporation and all 
necessary facts relating thereto may be ascertained, and 
judgment given against the individual stockholders for the 
rateable share of debt payable by each. The pleadings in 
.such case shall be according to the course of the court, and 

the court shall determine the case as to equity and justice Court to deter- 

. , i . ■ -i mine the case, 

shall appertain and may declare such corporation dis- 
solved or suspended ; and may from time to time as it may 
appear that any one or more of the stockholders are unable 
to pay their rateable share of the debts, make a new dis- 
tribution of liability, so however that no stockholder shall be 
compelled to pay from his individual means more than the 
par value of his share of stock held by him when the con- 
tract of the corporation was made. 



356 



1S71-72.— Chapter 190. 



Contracts exceed- 
ing S]00 to be in 
"writing. 



Sec. 23. Contract for over one hundred dollars to be in 
writing, and to set forth what: 

Every contract of every corporation by which a liability 
may be incurred by the company exceeding one hundred 
dollars, shall be in writing, and either under the common 
seal of the corporation, or signed by some officer of the 
company authorized thereto, and shall state on the face 
thereof whether or not, according to the registered plan of 
incorporation, the stockholders are individually liable for 
the contracts of the company, otherwise the same shall be 
void. 



Contra' 
than f 100, 



Sec. 2-1. Liability of officer--! on contract for not over one 
hundred dollars: 
Any officer of a corporation making or professing to 
make any contract not in writing, in the name of, or in 
behalf ot any corporation, of the value ol one hundred dol- 
lars or less, shall be liable as surety for such corporation 
upon such contract, and may be sued either with the cor- 
poration, or separately, for a breach thereof. 



Contra 
$100. 






Seo. 25. Penalty for malting contracts not In writing over" 

one hundred dolla rs : 
Any officer of a corporation professing or undertaking to 
make any contract of value greater than one hundred dol- 
lars in the name of, or on behalf of the corporation, not 
in writing, and either sealed with the common seal of 
the company or signed by the same officer of the com- 
pany authorized for such purpose, <>r in writing, and not 
setting forth truly on the face thereof, whether or not 
the stockholders of the company are or are not liable thereon, 
shall be held and deemed individually liable upon such con- 
tract for any breach thereof, as if the same had been n 
by him personally, and upon conviction shall be punished as 
for a misdemeanor. 



1871-72. — Ghaptek 190. 

Sec. 2<». What power corporations shall not have : 

No corporation formed under this act shall have any ™ Ahmx 
exclusive privileges or power to do any of the act herein- 
after prohibited, to wit : 

Sec. 27. Shall not issue bills, &c, intended to circulate as 
money : 
To issue bills or notes, payable on demand, or intended to t ocirod£teas M 
circulate as money, and any such corporation issuing or m0De y- 
attempting to issue any such bills or notes, shall be liable to 
dissolution, and on conviction of such offence, may be fined 
in the discretion of the court : and every officer of any cor- 
poration, signing his name for or on behalf of such corpora- 
tion, to any such bills or notes, shah be guilty of a misde- 
meanor, and shall be fined and imprisoned at the discretion Penalty, 
of the court. 

Sec. 28. Shall not hold over three hundred acres of land: 

Xo corporation formed under this act (except railroad ^ount^oftani! 
companies) shall have power to hold at .the same time more rations. 
than three hundred acres of land in fee simple, or for a 
longer term than twenty-one years. 

Sec. 29. Corporations may hold for not over twenty-one Term of ihne. 
years, when provided nevertheless : 
That any corporation may take a mortgage upon any 
•quantity of land to secure a debt owing to the corporation, 
and may take a conveyance of any quantity of land in 
partial or total satisfaction of a debt due the corporation ; 
and may purchase any quantity of land at a sale under exe- 
cution against a debtor of the corporation, or at any individual 
sale of the property of a debtor of the corporation ; but the 
•corporation purchasing such land to a quantity exceeding with 
its lands previously owned three hundred acres, shall not be 
capable of holding the same for more than twenty-one years 
from the date of such purchase, and all lands so purchased 
in excess of the limited quantity and held by any corpora- 
tion, shall at the end of twenty-one years from the date of 



S5* 



1871-72.— Chapter 190. 



SorfiSuthe 8U(J k purchase be forfeited to the state, and mar be recovered 
iitaU> - in an action brought in the name of the state by its proper 

officer ; the corporation purchasing such land may at any 
time within twenty-one years next ensuing the date of its- 
purchase, convey by deed under its common seal, such 
estate in said lands as it would have h.\d under its purchase,, 
but for the limitation herein contained. 



Duty of grand 
jury. 



Forfeiture of 
lands. 



Sec. 30. Duty of grand jury and solicitor : 

It shall be the duty of the grand jury in each county to* 
inquire and report to the solicitor, what lands at any time 
are held by any corporation in violation of the provisions of 
this act ; and it shall be the duty of every solicitor, either 
upon or without such report, to institute proceedings for the 
forfeiture of all such lands, and to report the same to the 
governor from time to time. 



Sec. 31. Lands J«>w .sold, etc-. ; 

Proceed* of sale The lands recovered by the state under this act, shall not 
of stute lands to , , . . , ., . 

fee paid into state be the subject ot entry, but shall be sold at public sale for 
cash, under the direction of the governor and attorney 
general, and the proceeds paid into the state treasury ; and the- 
sale shall be reported to the general assembly at its next 
ensuing session. 



Sec. 32. Existing corporation* effected : 

All corporations (except railroad corporations) which at 
the ratification of this act shall be seized in fee, or for a 
longer term than three lives in being, or possessed for a 
longer time than twenty-one years next ensuing such ratifi- 
cation, if any lands or tenements exceeding three hundred 
acres in quantity are required within twenty-one years- 
next ensuing the date of such ratification to dispose of such 
excess ; and the foregoing sections of this act relating to the 
power to purchase, hold and convey land, are applicable to- 
such companies. 



1871-7.2 — Chapter IW- 

Sec. 33. IIoic corporations may le dissolved : lutionof 

All corporations formed under this act may be dissolved corporatioIU , 
by special proceeding, instituted by the company or by any 
corporator, or by any judgment creditor, .'hose execution 
issued to the county in which the corportion has its only or 
principal place of business shall be returned unsatisfied or 
by the authority ot the attorney general in the name ot the 
state, for the causes hereinafter : 

Sec. 34, Abuse of power : 

First. For any abuse of its powers to the injury of the 
public or of the corporators, or its creditors or debtors. 

Sec. 35. Non-user: 

Secondly. Tor non-use of its powers for three years, or 
more, consecutively. 

Sec. 30. Insolvency : 

Thirdly. For insolvency manifested by the return of an 
execution unsatisfied upon a judgment against the company, 
docketed in the superior court of the county where it has its 
only or principal place of business. 

Sec. 37. Criminal conviction : 

Fourthly. Upon any conviction of the company ot a crim- 
inal offence, if such offence be persistent. 

Sec. 3S. Sow summons in such cases served: 

Upon any special proceedings for the dissolution of a cor- ^ero^se^ 
poration the summons shall be served on the chief or other 
officer of the corporation authorized for that purpose as 
writs of summons are require to be in like cases, and shah 
be served on the corporators, creditors, dealers and others 
interested in the affairs ot the company by publishing a copy 
thereof, at least weekly, for not less than three successive 
weeks, in some newspaper printed in the county in which 
such corporation has its only or princpal place ot business, 
or if there be no such newspaper published, then by posting 



360 



1871-72.— Chapter 100. 



Public notifica- 
tion held 6utli- 
«:ieni|service. 



Receiver ap- 
pointed for 

settlement. 



"Uses of corpo- 
rate name. 



a copy of such summons at the door of the court house of 
such county, and publishing a copy thereof for the 
in the manner aforesaid in the newspaper published n< 
the county seat of the county in which such corporation has 
its only or principal place of business, or'in some newspaper 
published in the city of Raleigh, and such publication shall 
be deemed and held sufficient service on all the corporations, 
creditors of, or dealers with such corporation, and all such 
corporations, creditors or dealers or other parties interested, 
may intervene in said proceedings and become parties there- 
to for themselves, or for others in like interest under such 
rules as the court for the purpose of justice shall prescribe. 

Seo. 39. Consequences of dissolution : 

Upon a judgment for the dissolution of any corporation, 
the court may appoint a receiver of its effects and make the 
proper order for the settlement of its affairs ; after such 
judgment it shall continue to exist, and its corportion name 
may be used under the order of the court for the following 
purposes only : 

First. The collection of all debts owing to it ; 

Secondly. The sale of all its property and effects ; 

Thirdly. The payment of all persons having just claims 
against it ; 

Fourthly. The distribution of its surplus effects among 
the corporators ; 

Fifthly. The payment of all cost connected with the 
settlement. 



Sec. 40. Advertisement of dissolution : 
Dissolution to be Every inclement for the dissolution of a corporation shall 

publicly an- ,,.,,, . . , , . 

nouueed. be published as the summons is required to be m section 

thirty-eight'(38) of this act. 

Sec. 41. J low the capital stock 'may he increased : 
Increase-of capi- A corporation can increase its capital stock or add to the 
number of its shares only by a vote of a majority both in 
number and in value of the stockholders at a general meet- 



1S71-72.— Chapter 199. 361 

ing of the stockholders held pursuant to the by-laws ; every 
such increase shall be registered as the plan of incorpora- 
tion is required to be, and a reference to such registration Registration of 

1 ° _ mere. 1 - ..-. 

shall be made in the margin of the registration of said plan. 
It shall also be advertised as a summons is required to be by 
section thirty-eight of this act. 

Sec. 42. Of insurance companies : 

Everv corporation doing the business of maritime, fire or life Full reports of 
, ,,- . Insurance Com- 

insurauce shall make to the secretary of state, at least once paniestobe 

in each year, at such time and in such form as shall be pre- state. 

scribed by him, a report of its condition, which shall be 

.sworn to by the chief officer of the company or by some 

other officer appointed for the purpose, and shall be pub- Public notifica- 

lished at the expense ot the company in some newspaper 

selected by said secretary, published in the city of Raleigh. . • 

Sec. 43. Secretary to appoint examiner : 

Once in each year the secretary of state shall appoint some Examiner ap- 

J / . pointed. 

competent person to examine into the affairs of every- cor- 
poration which insures against loss, either by the perils of 
the sea or rivers, or by fire, or which insures lives, or which 
grants annuities or holds property in trustor receives money 
on deposit, who shall be paid by such companies, a reasona- 
ble compensation, not to exceed ten dollars per day while -Compensation, 
engaged in such examination. He shall report to the secre- 
tary of state the result of his examination, and whether in 
his opinion the said companies respectively are safe and are 
doing their business on safe principles, and such report shall 
be published by the secretary at the expense of the company. 

Sec. 44. Duty of officers of corporations to exhibit looks, 
&c\ : 

It shall be the duty of every officer of every corporation Officers required 
, . , J J 1 to exhibit their 

mentioned m the next preceding section, having in his pos- '-ooks. 
session or control, any books, accounts or paper of any 
company of which he is an officer, to exhibit the same on ^ /" 

demand to any person who shall be appointed under section 



?,r>2 1371- 72.— Chapter lit;)— 200. 

forty-three of this act, and to give to such person all the infor- 
mation necessary to enable him to make a lull and correct 
report ; and every such officer failing or refusing so to do, 
or making to any person appointed under section forty -three- 
of this act knowingly or carelessly any false Statement 
respecting the affairs of the corporation of which he is an 
Penalty. officer, shall he deemed guilty of a misdemeanor, and on 

conviction, punished by five and imprisonment, at thi 
cietion ot the court. 

Sec. 45. Tax on hills for incorrjorattons presented t< 

ral assembly : 
Tax of $:J5. jS'o bill to incorporate any company shall be read in either 

house of the general assembly unless the same shall be 
accompanied by a receipt from the treasurer of the state for 
twenty-five dollars. 

Eatified the 12th day of February, A. D. 1872. 



CHAPTER CC. 

AN ACT TO CUKE CERTAIN DEFECTS IN THE PROBATE OV DEET>K- 
AND PRiyY EXAMINATION OF FEME COVERTS IN THIS STATE 
AND FOR OTHER PURPOSES. 

Deeds of Probate Section 1. The General Assembly of JS~orth Carolina <l<y 
Juclges of Supe- enact, That wherever any of the counties of this state, the 
valid land binding. jn^ges °* the superior court or the deput}' clerks of the 
superior court mistaking their powers have essayed to take 
the probate of deeds and the privy examinations of fma 
coverts .whose names are signed to such deeds and have 
ordered said deeds to registration, and the same have been 
registered, all such probates, privy examinations and regis- 
trations so taken and had shall be as valid and binding to- 
all intents and purposes, as if the same had been taken 



1871-72. — Chapter 200—201—202. 363 

before or ordered by the probate judge of such county or 

other proper officer having jurisdiction thereof. 

Sec. 2. That this act shall take effect from and after its when act to be in 

force 

ratification. 

Ratified the 12th day of February, A. D. 1872. 



CHAPTER CCI. 

AN ACT TO AMEND CHAPTER TEN, SECTION ONE OF THE REVISE! 
CODE CONCERNING AUCTIONS AND AUCTIONEERS IN WASH- 
INGTON COUNTY. 

Section 1. The General Assembly of North Carolina do Amendment 
enact, That chapter ten, section one of the revised code, be 
amended to read as follows : The commissioners of the 
county of "Washington may annually, after the first day of 
March, appoint for the term of one year not more than three 
persons to exercise the trade and business of auctioneer Auctioneers ap- 

.. i /. -1 in -ii-i f pointed annually, 

therein, each of whom shall execute bond m the sum of five Bond with secu- 

hundred dollars, payable to the state of Korth Carolina, with n y glven * 
good and sufficient security, to be judged of by the commis- 
sioners, conditioned that he will faithfully perform all the 
duties recpuired of auctioneers. 

Sec. 2. This act shall be in force from and after its ratifi- When act ;to take 

effect, 
cation. 

Ratified the 12th day of February, A. D. 1872. 



CHAPTER CCII. 

AN ACT FoK THE BETTER GOVERNMENT OF THE PENITENTIARY , 
AND FOR OTHER PURPOSES. 

Whereas, The general assembly is satisfied from the Preamble. 
report made by a committee to investigate the building and 



364 



1S71-72.— Chatter 202. 



Suspision of 

building 

tentiary. 



Iuspection'|of 
work by practical 
Architect. 



Condemnation of 
work done not 
according to 
contract. 



Architect re- 
quired to give 
bond. 



Former con- 
tractors not al- 
io wed to resume 
work. 



works connected with the construction of the penitentiary, 
that the same has not hecn done according to contracts 
heretofore entered into for such construction, therefore, 

ctton 1. The General Assembly of North Car 
enact, That the building and erection of the penitentiary 
under the contract heretofore made, lie and is hereby sus- 
pended. 

Sec. 2. That the board oi directors he authorized and 
required to employ some practical and skilled architect with 
a salary not to exceed four thousand dollars, whose duty it 
shall be to inspect the work now done, and correctly measure 
the same, and reject and condemn such part of said work as 
is not according to contract and specifications, and have the 
same removed, and in the further progress of the work to 
enforce a strict compliance with the specifications as stated 
in the original contract ; and if it shall be ascertained tkat 
the stone work done has been inaccurately estimated and 
overpayments have been made for such work, the amount 
overpaid shall he charged against the contractors, Messrs. 
Coleman Bros., but it the work has been underestimated or 
measured, then the amount due the contractors for short 
measurement shall be placed to their credit, to be paid on a 
final adjudication and settlement with them. 

Sec. 3. That it shall be the duty of the architect men- 
fined in section two of this act, to enter into good and suf- 
ficient bond to be approved by the directors, in the sum of 
five thousand dollars, payable to the state of Xorth Carolina, 
for the faithful performance of each and all the duties im- 
posed upon him by this act, and further, that he shall exer- 
cise a general supervision of the works, the condition of the 
convicts, and all other matters under his care. 

Sec. 4. That the contractors, Messrs. Coleman Bros., shall 
not be permitted to resume or prosecute said work until they 
shall have given a good and sufficient bond, as required by 
chapter two hundred and thirty-eight, section seven, of the 
laws of one thousand eight hundred and sixt}*-eight and one 
thousand eight hundred and sixty-nine, ratified April twelfth, 
anno domm one thousand eight hundred and sixty-nine, 



365 

said bond to be approved by the board of directors ; nor 

shall they be permitted to prosecute said work until they shall 

have removed and rebuilt at their own expenses all such 

work as the architect, as provided for in section two of this 

act, shall reject and condemn as not in accordance with the 

specification and contract for such work. 

Sec. 5. That the sum of fifteen thousand dollars be appro- Sum appropri- 
, . . , , . , „ . .. . ated for erection 

pnated out of the funds raised for the penitentiary to the wan, &e. 

erection, of an exterior wall, and temporay workshops, in 

which to employ convicts, said wall and shops to be done 

with convict labor, except such work as requires skilled labor, g^ed. lab ° r 1C " 

Sec. 6. That the board of directors are hereby directed Materials for 
and authorized to receive no iron doors or other material mer contracts not 
connected with the penitentiary under contracts heretofore 1 ' ecelvab •-'• 
made until the same are peecled in the construction of the 
work from time to time, as it progresses. 

Sec. T. That in consequence of the failure of the con- Deduction of; 

i -it t i money. 

tractors to employ convict labor, according to the contract, 
it is further enacted that the directors be authorized and 
directed to deduct twenty-five dollars each from the contract 
prices for the iron doors. 

Sec. 8. That the directors are hereby authorized and Farming out of 

t -it ■ convicts. 

directed to farm out to railroad companies or other public 
corporations, each and every able-bodied convict who can- 
not be employed to advantage on the work above mentioned, 
on such terms as will best promote the interest of the state, 
for consideration not less than food and clothing. And the 
party so hiring shall provide a good and sufficient guard to Guard to«be ; ro- 

A i vided. 

prevent the escape of such convicts, and shall give bund tor Bond for safe 
,,.,,,. , , , keeping. 

their sate keeping and proper treatment and return to the 

penitentiary on the termination of the contract : Provided. Proviso. 

That no convict shall be farmed out who has been sentenced 

on a charge of murder and manslaughter and rape, attempts 

to commit rape or arson. 

Sec. 9. That the said directors are hereby authorized and Guard enlisted. 

empowered to enlist for a term from one to three years, a 

guard of men not to exceed fifty in number, to do guard 

duty, subject to and under such rules and regulations as 



3GG 



1871-72.— Cm a piEfc 202-^03. 



Cum] ensation. 



Any surplus of 
money may be 
applied to ihc 
maintainancC of 
i onvicts. 



Compensation 
for apprehending 
escaped convicts. 



Repealing clause. 



When act to be in 
force. 



govern the United States army, to be controlled and gov- 
erned by one captain, to be appointed by the board of 
directors, and subject to their order?, snch captain to receive 
not more than sixty dollars per month, and the men not 
more than twenty live dollars per month and rations. 

Sec. 1<>. That the amount of money raised over and 
above the fifteen thousand dollars, mentioned in section five ot 
this act for penitentiary purposes, or so much thereof as may 
be necessary, shall be applied towards the maintenance of 
the convicts and the government of the penitentiary, and 
should there be a surplus of money on hand at the expiration 
of the year, the same shall be held and used in defraying 
the current expenses of the ensuing year. 

Sec. 11. The board of directors are hereby authorized to 
recommend a reasonable compensation to any one for the 
apprehension and return of any escaped convict to the peni- 
tentiary, on which recommendation the governor is autho- 
rized to give his warrant on the treasurer for the amount so 
recommended. 

Sec. 12. That all laws or parts of laws coming in conflict 
with this act are hereby repealed. 

Sec. 13. That this act shall be in force from and after its 
ratification. 

Katified the 12th day of February, A. D. 1872. 



CHAPTER OCII I 



AN ACT TO PREVENT FRAUD IN THE SALE OF COMMERCIAL 

MANURES. 



Trade-mark, 
name, place of 
laziness to be 
affixed to all com- 
mercial ferti- 
lizers. 



Section 1. The General Assembly of North Carolina do 
enact, That all commercial manures and manipulated guanos 
sold or kept for sale in this state shall have affixed to every 
bag, barrel or parcel thereof containing fifty pounds or 
upwards, an especial name, trade mark or device by which 



lS71-'72.— Chapter 203. 307 

-the same may be known or designated, with the name or 
place of business ot the manufacturer or seller, together with 
,a true analysis or specification of the chemical contents, such 
-as soluble bone, phosphate of lime, bone phosphate of lime, 
alkaline salts and ammonia, and the per centage of each 
of the above named ingredients contained in such package. 

Sec. 2. That any manufacturer or trader who shall pell or l^%^^~ 
offer for sale any such package without having affixed such J?*?,™? 6 *?J>? 

*J * ° *-' JlilDIG IOr (lulu* 

stamp, impress or card, as prescribed in section first of this act, ages. 
or who shall fraudulently affix a stamp, impress or card, incon- 
sistent with the requirements of the first section of this act, 
shall be held personally liable for all damages sustained by 
any one in the purchase of such manures, and the 
manure so sold shall be forfeited ; and any such commercial 
manure held by any such trader or manufacturer shall be 

subject to attachment at the suit of any person damaged in Attachment 

•' ° *■ ° served, 

the purchase of any such fertilizer, bearing such name, trade 

mark or stamp ; the amount of such damage to be recovered 

before any tribunal having competent jurisdiction: Pro- P.oviso. 

vided, That nothing herein contained shall be construed to 

effect such commercial fertilizers now in the hands of dealers 

or manufacturers within the state. 

Sec. 3. That any deficiency of the abovementioned Deficiency of 
* , ingredients, 

'ngredients in such fertilizers may be plead in bar of the 

recovery of any debt or debts contracted for such fertilizers. 

Sec. 4. That any person or persons instituting suit 

against any such manufacturer for such damages, may on 

the payment of fifteen dollars to the state geologist, cause a 

full and accurate analysis to be made by him, a certificate Analysis made by 

•I j . State Geologist. 

of which shall be presumptive evidence of the chemical 
'elements and ingredients contained in the sample of fertili- 
zer so analysed, and ot the package or parcel from which 
such sample was taken. 

Sec. 5. That in all cases where suits are brought and an Taxation and 

° recovery. 

analysis had and fifteen dollars paid as required in section 
four of this act, the said fifteen dollars shall be taxed and 
recovered as a part of the bill of cost against the party cast 
In such suit. 



36S 



1871-'72.— Chapter 203—204. 



Several pai Sec. 6. That it shall be lawful for one or more parties in 

can .10111 in ouo < i 

suit. the same county to join in one suit agpinst the manufac- 

turer or trader, and that in entering judgment should there 

jury to ascertain } J(i more than one party damaged, the iury shall in their 
damages. ... ° J 

verdict ascertain the damage to each party so joined in the 

suit as plaintiff", and a judgment shall be rendered thereun 

accordingly : Provided, however, That the state geologist 

shall be entitled to fifteen dollars for each separate analysis 

made for parties to such suit. 

Sec. 7. That this act shall be in force from and after its 
ratification. 

Ratified the 12th day of February, A. D. 1S72. 






Y\"beu act to be in 
force. 



CHAPTER CCIV. 

AN ACT TO PROVIDE FOK THE CREATION OK CERTAIN TRUST 
ESTATES. 



Property held in 
trust. 



Propert ; *o i c'd 
not liable for 
debts. 



Proviso 



When a:t to take 
effect. 



Section 1. The General Assembly of North Carolina do 
enact, That it shall and may be lawful for any person by 
deed or will to convey any property to any other person in 
trust to receive and pay the profits annually or oftener for 
the support and maintenance of any child, grand-chiV 
other relation of the grantor, tor the life of such child, grand- 
child or other relation with remainder as the grantor shall 
provide. And the property so conveyed shall not be liable 
tor or subject to be seized or taken in any manner for the 
debts of such child, grand-child or other relations whether 
the same be contracted or incurred before or after the errant : 
Provided, nevertheless, That this act shall apply only to 
grants) or conveyances where the property conveyed does 
not yield at the time of the conveyance a clear annual 
income exceeding five hundred dollars. 

Sec. 2. This act shall take effect from its ratification. 

Ratified the 12th day of February, A. D. 1872. 



1S71- 72.— Chapter 205—206. 369^ 



CHAPTER GOV. 

AN ACT IN RELATION TO MOORE AND NASH SQUARE IX THE 
CITY OF RALEIGH. 

Section 1. The General Assembly of North Carolina do Ornamentation 

. . -,-, . of Moore arid 

enact, That the board ot commissioners of the city of lialeigh Nashsqnares. 
shall have power to grade, lay out in walks, plant with trees, 
shrubbery and flowers, and otherwise adorn Moore Square and 
Nash Square in said city, so as to make the same an orna- 
ment to the city, and to that end they shall have the general 
charge and management of said square. They may improve 

in like manner any of the vacant lots belonging to the state Vacant state lota 

» => to be improved. 

within the city limits not otherwise specially appropriated. 

Sec. 2. Nothing herein contained shall be construed to Free access al- 
° lowed, 

authorize said commissioners to prevent the tree access ot 

well behaved persons to said square and lots except at 

unreasonable hours or for some temporary purpose specially 

to be designated by the board. 

Sec. 3. This act shall be in force from its ratification. w^ e p act to take 

effect. 

Ratified the 12th day of February, A. D. 1S72. 



CHAPTER CCYI. 

AN ACT TO ALLOW THE COMMISSIONERS OK WARREN COUNTY 
TO LEVY A SPECIAL TAX. 

Section 1. The General Assembly of North Carolina do special tax to be 
t act, That the county commissioners of Warren county CVie ' 
be and they are hereby authorized to levy a special tax for 
the purpose of paying the lawful debt of said county, and 
completing the buildings of the county poorhonse. 

Sec. 2. That said commissioners shall have power to levy Propotion of tax^ 

said taxes at the same time and in like manner as other county 
24 



• 37'> 1871-72.— Chapter 200—207. 

taxes are provided by law to be levied, and in the same pro- 
portion on all subjects taxed by the state, and shall be col- 
lected as other taxes are required by law to be collected 

O?roviso. and accounted for : Provided, That the special tax hi 

authorized to be levied, shall not exceed in the aggregate 

.Further Proviso, six thousand live hundred dollars: And provided, further, 

that in levying this tax the constitutional equation between 

the property and the poll shall be observed. 

When act to be in Sec. 3. That this act shall be in force from and after its 
. force. 

ratification. 

Ratified the 12th day of February, A. D. 1872. 



CHAP TEE CCYII. 

AN ACT TO AMEND SUBDIVISION TWO, SECTION THIRTY-ONE, OHAP- 
TER THREE OF TITLE FOUR, OF THE CODE OF CIVIL FB h 
CEDURE. 

Ameniment. Section 1. The General Assembly of North Carolina do 

enact, That said subdivision be amended by striking there- 
from the words " not negotiable/' and that subdivision oec 
of section thirty-four, of the same chapter, shall be construed as 
referring to the former section as now amended. 

"When act to he in Sec. 2. This act shall be in force from and after its ratifi- 

loree. 

cation. 
Ratified the 12th day of February, A. D. 1872. 



1ST1-72.— Chaptek 203. 371 

CHAPTER covin. 

AN ACT IN FAVOR OF CERTAIN SHERIFFS. 

Whereas, Under chapter one hundred and twenty-one. Preamble- 
(121) laws of one thousand eight hundred and sixty-nine and 
•one thousand eight hundred and seventy, it was made a 
misdemeanor, punishable with line and imprisonment, for 
.any sheriff, or other officer, to sell the reversionary interest in 
.any lands included in a homestead until after the termina- 
tion of the homestead itselt; and whereas, under the advice 
•ot counsel, that said chapter one hundred and twenty-one 
was in conflict witii the constitution of the state, many 
sheriffs have been induced to sell and have sold such re- 
versionary interests, and may be now liable to indictment, 
.although such sale since the passage of said chapter one 
hundred and twenty-one are void : 

Section 1. The General Assembly of jYort/i Carolina do section 2 Chapter 

J ,; 121 repealed. 

■enact, That section two ol said chapter one hundred and 
twenty-one, so far as it applies to sheriffs who belore the 
June term, one thousand eight hundred and seventj'-one, of 
the supreme court, have levied upon or sold any reversionary 
interest of any homestead in this state be and the same is 
^repealed and declared of no force. 

Sec. 2. This act shall be in force from and alter its ratiti- When act to take 

elTeet. 

."Cauon. 

Ratified the 12th day of February, A. D. 1872. 



372 1871-72.— Chapter 209. 



C II A P T E R C C I X . 

AN ACT TO AMEND AN ACT CHARTERING THE " JAMESVILLE AND 
WASHINGTON RAH. ROAD AND LUMBER COMPANY," PASSED AT 
THE SESSION ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE 
OF THE " GENERAL ASSEMBLY" OF NORTH CAROLINA, RAT- 
IFIED FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND SIXTY- 
NINE. 

Amendment. Section 1. The General Assembly of North Carolina do 

enact, That section two of said act be amended as follows 
by adding thereto : That for the purpose of providing funds 
to enable the company to complete and equip the said road 

Money raised by the company shall have power to borrow money by the issue 

issuing bonds. , . . . . . ".■,-,, 

ot bonds, signed by the president and countersigned by the 
secretary of said company, in sums not less than one hun- 

Rate of interest, dred dollars, at a rate of interest not exceeding ten per cent, 
the principal and interest payable at such time and place as 
the president and directory may direct; the bonds so issued 

Limitation of not to exceed the sum of three hundred thousand dollars, 

bonds. 1 

and to secure the payment of the same and the interest 

Mortgages ami thereon, the said company may execute mortgages and deeds 

deeds of trust ex- , ,,■ , ,, ., . , , , 

ecnted. ot trust, signed by the president and countersigned by the 

secretary, attested by the seal of company, conveying its 
franchises and property, including its road bed, superstruc- 
tion, real and personal estate of every hind, to the holders 
of said bonds or to such other person or persons as the said 
president_and directors may select, in trust for them, and the 
bonds so executed and duly approved and registered in the 
county ot Martin, shall be effectual to vest the property in 
the trustee or trustees as if the same were proved and regis- 
tered in every county in which the property of said company 
so conveyed is situated. 

men act to bein Sec 2. This act shall be in force from its ratification. 
Ratified the 12th day of February, A. D. 1S72. 



lS71-'72.— Chapter 210—211. 373 

OHAPTEE OCX. 

AN ACT TO PROVIDE A COMPILATION OF THE PUBLIC STATUTES. 

Section 1. The General Assembly of North Carolina do commissioner. 
smact, That William II. Battle be and he is hereby appointed 
a commissioner to collate, digest and compile all the public ^^ltwT ° f 
.statute laws of the state now in force or in use, including 
those which may be enacted by this general assembly, dis- 
tributing them under such titles, divisions and sections, as 
he may think most convenient and proper, to render the 
.said acts more plain and easy to be understood. 

Sec 2. The commissioner shall prepare the said compi- ^^f,^^^ 
lation so that the same may be submitted to the next gen- next General 

, . Assembly. 

-eral assembly with snch notes and references to the sections 
that have been the subject of judicial decision fixing the 
construction of such statutes with a full index in order that ^°f ex re ' 
the same may be in readiness for publication as soon as the 
legislature shall order and direct. 

' Sec. 3. The said commissioner shall be allowed until the Compensation. 
meeting of the next general assembly to complete the duties 
assigned him in and by this act, and as a compensation for 
his services shall be entitled to sell copies of the said work 
until he shall be paid the sum of fifteen hundred dollars, 
.after which the profits of the sale shall belong to the state. 

Sec. 4. This act shall be in force from and after its ratifi- £*J act to be in 
.cation. 

Ratified February 12th, A. D. 1872. 



CHAPTER CCXI. 

AN ACT TO CREATE A SPECIAL COMMISSION. 



Section 1. The General Assembly of North Carolina do special coramis- 
smact, That S. L. Fremont, J. M. Worth and W. C. Troy be 9ion - 



374 



1871-'72.-— Chapteb 211. 



Settlement with 
reference to Peni- 
tentiary con- 
tracts. 



Examination of 
work by archi- 
tect. 



Suit may be 
brought for viola- 
tion of contract. 



Purchase of tools 
machinery, &c. 



Contractors to 
receive no bonus. 



When act to take 
eifect. 



and are hereby created a special commission with authority 
to negotiate a settlement with Messrs. Coleman and Bro., 
with reterence to contracts heretofore entered into by them 
tor the stone and brick work in the erection ot a penitentiary, 
such .settlement to be based upon the conditions indicated in 
section two ot an act entitled "an act for the better govern- 
ment of the penitentiary, and for other purpose." passed at 
the special session of the general assembly. 

Seo. 2. That no settlement shall be made with said con- 
tractors to invalidate their bond until the architect providecr" 
for in above recited act, shall have accurately measured and 
examined the work done, and it the same proves to be in 
violation of the contract and specifications for such work, the 
said special commission shall cause to be withheld all reser- 
vation now withheld on such work, and are authorized under 
the advice of the attorney general to institute suit against 
said contractors for the collection of damages sustained by 
the state by reason of such violation of and departure from 
the specifications and contract heretofore entered into by 
said Coleman Bros. 

Sec. 3. That if such or any settlement shall be entered 
into, the said special commission shall have authority to- 
purchase from said contractors any and all tools, implements 
and machinery heretofore used by them in the prosecution 
of said contracts, but the said commission shall not be author- 
ized to pay any consideration or bonus to induce said con- 
tractors to surrender or quit contracts already voiolated bj 
them. 

Sec. 4. This act shall go into effect immediately. 

llatified the 12th day of February, A. D. 1872. 



1S71-72.— Chapter 212—213. 375> 



CHAPTER CCXII. 

AX ACT CONCERNING INSANE CONVICTS. 

Section 1. The General Assembly of North Carolina do Jj™g2£*° 
<swa<#, That whenever any convict of the penitentiary shall the Ktate Asylum, 
be found on examination by the superintendent ot the insane 
asylum, the chairman of the hoard of directors and the 
physician to the penitentiary, to be a lunatic or otherwise 
insane, it shall be lawful to transfer said insane convict from 
the penitentiary to the state insane asylum, under such rules 
and regulations as apply to other insane persons : Provided, Proviso. 
Mich convict's term of imprisonment unexpired shall not 
be less than three months. 

Sec. 2, This act shall be in force from its ratification. Wto act t0 take - 

Batitied the 12th day ot February, A. D. 1872. 



CHAPTER C CXI II. 

AN ACT TO PRESCRIBE THE PRACTICE AND PROCEDURE IN AC- 
TIONS BY CREDITORS OF DECEASED PERSONS AGAINST TIIEEK 
PERSONAL REPRESENTATIVES. 

Section 1. Creditor may hriny a special proceeding : 

The General Assembly of North Carolina do enact as The personal rep- 
folloios : Any creditor of a deceased person may, within the deceased person 
times prescribed by law, prosecute a special proceeding in ™ d l8 t0 account for 
his own name and in behalf of himself and all other credi- g n f dmini8tra " 
tors of the deceased without naming them, against the 
personal representative ot the deceased, to compel him to 
an account of his administration, and to pay the creditors 
what may be payable to them respectively. 

Seo. 2. By wheat rales governed : 

The action shall be governed by the rules'of practice pre- Rules. 



376 



1871-72.— Chapter 213. 



Limitation of 
timt . 



scribed for special proceedings, except so far as the same are 
modified by this act. 

Sec. 3. Summons when and where returnable : 

The summons shall be returnable before the clerk of the 
superior court of the county in which letters testamentary 
or administration were granted, and on a day not less than 
forty nor more than one hundred days from the issuing 
thereof, and not less than twenty days after the service 
thereof. 



•Creditors to be 
■advertised for. 



Sec. 4. On issuing of summons clerli to adverti*< : 

On issuing of the summons, the clerk shall advertise for 
all creditors of the deceased to appear before him on or 
before the return dav and file the evidences of their claims. 



Manner of adver- 
tising. 



Advertisements 
cmay be posted. 



' Claims of credi- 
tors filed and en« 
. dorsed. 



Sec. 5. Where! published and for what time : 

The advertisement shall be published at least once a week 
for not less than five weeks in some newspaper which may 
be thought by the clerk the most likely to inform all the 
creditors, and shall also be posted at the courthouse door for 
not less than thirty days. If, however, the estate does not 
exceed three thousand dollars in value, and the creditors are 
supposed by the clerk all to reside within the county or to be 
known, publication in a newspaper may be omitted, and in 
lieu thereof the advertisement shall be posted at four public 
places in the county, besides the court house door. Proof 
of personal service on a creditor or that a copy of the 
advertisement was sent to him by mail at his usual address 
shall be as to him equivalent to publication. 

Sec. 6. Creditors to name an agent to receive notices^ dbc.: 
The creditors of the deceased on or l>efore the required 
day shall file with the clerk, the evidences of their demands, 
and every creditor on filing such claim, shall endorse thereon 
or otherwise name some person or place within the town in 
which the court is held, upon whom or where notices in the 
cause may be served or left, otherwise be shall be deemed 



1871-72. — Chapter 213. 377 

to have notice of all motions, orders and proceedings in the 
cause filed or made in the clerk's office. 

Sec. 7. Bow demands filed shall he evidenced: 

If the evidence of the demand be other than a judgment, m JJJ?e tSS. 
or some writing signed by the deceased, it shall be accom- 
panied by the oath of the creditor, or if he be non-resident 
or infirm or absent, or in any other proper case of some 
witness of the transaction, or ol some agent ot the creditor, 
that to the best of his knowledge and belief the claim is 
just and that all due credits have been given. 

Sec. S. Representative to file list of demands made on 
h im : 
On the day of his appearance the personal representative L^st of claims to 
shall on oath give to the clerk a list of all the claims against clerk on oath. 
the deceased of which he has received notice or has any 
knowledge with the names and residences ot the claimants 
to the best of his knowledge and belief; and if any person 
so named shall have tailed to file evidence of his claim, the 
clerk shall immediately cause a notice requiring him to do 
so to be served on him, which may be done by posting the 
same directed to him at his usual address. 

Sec. 9. Clerk to exhibit list of demands and evidences to 
representative : 
On the day fixed for the appearance of the personal rep- List of claiira 
resentative the clerk shall exhibit to him a list of all the g ierki 
claims filed in his office with the evidences thereof. 

Sec 10. Representative to admit or deny demands within 
five days : 
AVithin five days thereafter the defendant shall state in J?k^ u s talio " of 
writing on said list, or on a separate paper which of said 
claims he disputes in whole or in part. The clerk shall then 
notify the creditors, as above provided, that his claim is 
■disputed and the creditor shall thereupon file in the office 



378 



LS71-'72.— Ohapi 



oi the clerk a complaint founded on his said claim, an - 
pleadings shall be as in other cast 

Sec. 1 1. What clerk to do when issues joined : 
Duty of Clerk. It the issues joined be of law, the clerk shall send the* 

papers to the judge ot the superior court for trial, as is pro- 
vided in by the code ot civil procedure in like cases. If the 
issues shall be of fact, the clerk shall send so much ot the 
record as may be necessary to the next term ot the superior 
court for trial. 



Non appearance 
of representative. 



Clerk to account 
for the dealings 
of representative. 



Sec. 12. Who shall pay costs of issues : 

If any personal representative shall deny the liability of 
his deceased upon any claim evidenced as is provided in 
section seven (7) of this act, and the issue shall finally be- 
decided against him, the costs of the trial shall be paid by 
him personally, and not allowed out of the estate, unless it 
shall appear that he had reasonable cause to contest the- 
claim and did so bona fide. 

Sec. 13. Failure of representative to appear, what may he- 
done : 

H the personal representative shall fail to appear on the- 
return day, the clerk or the judge of the superior court may 
permit him afterward to appear and plead on such terms as 
may be just. 

S ki . 14. Clerk to proceed to state account : 

Immediately after the return day the clerk shall proceed 
to Lear such evidence as shall be brought before him, and to 
state an account of the dealings of the personal representa- 
tive with the estate of his deceased according to the course 
of his court. 



Clerk may pre- 
pare -report. 



Sec. 15. Clerk to prepare and sign final report : 

Alter the clerk shall have stated the account and prepared 
his report, he shall notify all the parties to examine and 
except to the same. Any party may then except to tlio 



1871-72.— Chapter 213. 879 

same in whole or in part. The clerk shall then pass on the 
exceptions and prepare and sign his final report and judg- 
ment, of which the parties shall have notice. 

Sec. 10. Times of notice, dec, may he ehlargedby clerk or 
judge : 

If no length of notice, or no time for the doing ot an act, ^^•(JjJjJP 

is stated in this act, the time shall be reasonable, and in anv for enlargement 

of time, 
case it may be enlarged by the clerk from time to time, or 

by the judge of the superior court, on application to him 

or on appeal to him trom the clerk. 

Sec. 17. Of appeals to superior court, ichat required: 

Anv party mav appeal from a final judgment of the clerk Appeal from 

•' - " - J- > . . . Anal judgment. 

to the judge ot the superior court in term time, or giving 
an undertaking with surety, or making a deposit, to pay all Undertaking 
costs which shall be recovered against him. If any creditor nty. 
shall appeal and give such security, his appeal shall be 
deemed an appeal by all who are damaged by the judgment, 
and no other creditor shall be required to give any under- 
taking. 

Sec. IS. Clerk to fie papers on appeal : 

On an appeal the clerk shall file his report and judgment Papers of appeal 
and all the papers in his office as clerk ot the superior court, 
and enter the case on his trial docket for the next term. 

Sec. 19. Creditors in prior classes may docket their judg- 
ments : 
It the exceptions and questions from the decision on Creditors in 

. , . ,. i< • prior class s niaj 

which the appeal is taken afreet only the creditors in one or issue executions, 
more classes, the creditors in the prior classes by the leave 
of the clerk, or of the judge ot the superior court, may 
docket their judgments and issue execution thereon. 

Sec. 20. If assets sufficient to pay any class of debts: snfiiciencyof as- 

sett8 for payment 
It upon taking the account it shall be admitted, or be of claims. 

found without appeal, that the defendant has assets suffi- 



380 



1871-'72.— Chapter 213. 



cient, after the deduction of all propei costs and charges, 
to pay all the claims which have been presented of any one 

or more of the classes, the clerk shall give judgment in 
favor of the creditors whose debts of such classes have been 
admitted, or adjudged by any competent court; and il any 
claim in any preferred classes in litigation, the amount of 
such claim with the probable costs of the litigation, shall be 
lett in the hands of the personal representative, and not 
carried to the credit of any subsequent class until the litiga- 
tion is ended. 

Sec. 21. If assets insufficient 1<> pay all claims in any 

class : 
insufficiency of If the assetts be insufficient to pay in lull all the claims 

fissetts how reme- , . . , " . 

died. ot any class, the amounts thereof having been found or 

admitted as aforesaid, the clerk may adjudge payment of a 
certain part of such claims, proportionate to the assets appli- 
cable to debts of that class. 



Declaration o; 

judgments. 



Sec. 22. VTiat judgments to declare : 

All judgments given by a clerk of a superior court as 
probate judge against a personal representative for any 
cfciim against his deceased shall declare : 1, the certain amount 
of the creditor's demand ; 2, the amount of assets which 
the personal representative has applicable to such demand : 
execution may issue only for this last sum with interest 
and costs. 



Only Clerk as 
Probate jud^e to] 
fix assetts. 



Sec. 23. No judgments to fix assets, unless, dfcc: 

xso judgment of any court against a personal representa- 
tive shall fix him with assets, except a judgment of the 
clerk as probate judge, rendered as aforesaid, or the judg- 
ment of some appellate court rendered upon an appeal from 
such judgment. All other judgments shall be held merely 
to ascertain the debt, unless the personal representative shall 
by pleading expressly admit assets. 



1871-7'2.— Chapter 213. 381 

Sec. '24:. Form and effect of execution : 

All executions issued upon the order or judgment of Executions may 

1 •' ° § be seryed on per- 

the clerk as probate judge, or of any appellate court, against sonai property. 

any personal representative shall run against the goods and 

chattels oi the deceased, and if none, then against the goods 

and chattels, lauds and tenements of the representative. 

And all such judgments docketed in any county shall be a 

lien on the property for which execution is adjudged as fully 

as if it were ag'aint him personally. 

Sec. 25. Report evidence of assets only on the day to which 
it relates : 
The account and report and adjudication by the clerk or 
anv appellate court, shall not be evidence as to the assets 
except on the day to which such adjudication relates. 

Sec 26. Affidavit of assets afterward* come to hand, pro- 
ceedings on : 

Any creditor may afterwards, on tiling an affidavit, by Affidavit of as- 
J " . sct, ts to be filed. 

himself or his agent, that he believes that assets have come 

to the hands of the personal representative since that day, 

and on giving an undertaking, with surety, or making a 

deposit for the costs ot the personal representative, may sue Summons maybe 

.,.,.,,, , . • j sued out. 

out a summons against him alleging subsequent assets, and 

the proceedings thereon shall be as is hereinbefore prescribed, 

so far as the same may be necessary. 

Sec. 27. If personal assets vnsufficient, and lands : 

It it shall appear at anv time during or upon or after the Summons to be 

•i * u © i ^ issued for the ap- 

taking of the account of a personal representative that his pearanceof the 

D .,'«,. iii .- 1 neirs °* deceased, 

personal assets are insufficient to pay the debts ot the 
deceased in full, and that he died seized of real property, it 
shall be the duty ot the clerk at the instance of any party, 
to issue a summons in the name of the personal representa- 
tive or of the creditors generally, to the heirs, devisees and 
others in possession of the lands of the deceased, to appear 
before him on a certain day, not less than twenty days after Limitation of 

time 



82 



1871-79.— Chafeee 213. 



service of the summons,- and show cause why said lands 
|hould not be sold. 

Sec. 28. Proceedings on return of summons: 
Proceedings to be Upon the return of the summons the proceedings shall 

directed as in , • , , . , -,., 

other like cases, be as is directed in other like eases. 



Applica ion to 

cases. 



Sec. 2i>. Act not to apply to probates, dsc, before first 
July, one thousand eight hundred and sixty-nvtu : 
This act shall apply only to eases where the grant of letters 
ot collection or of probate or of administration shall have 
issued on or after the first day of July, one thousand eight 
hundred and sixty-nine. 



Regulation of 
proceedings on 
probates. ' 



When act to go 
into efteet. 



Sec. «><>. Proceedings on probates, dec, before first July, one 
thousand eight hundred and sixty-nine: 

Proceedings against other personal representatives shall 
be regulated by the existing law. In all cases where ac 
action has been or shall be brought against a personal repre- 
sentative to recover a claim against his deceased : if in the 
superior court, that court shall proceed according to its 
course; if before a justice of the peace, and the representa- 
tive has pleaded or shall plead that he has fully administered, 
the justice shall find the debt and return the papers to the 
next term of the superior court in order that the issue in 
respect to the assets may be there tried and determined 
according to the course of the court. 

Sec. 31. When this ad to go into efteet : 

This act shall go into effect from its ratification: Pro- 
vided, That all proceedings instituted within ninety days 
after its ratification and coming within its provisions shall 
be amended and made conformable thereto without costs to 
either party at any time within twelve months after its ratifi- 
cation. 

Eatified the 12th day ot February, A. D. 1872.") 



1S71-" 72.— Chapter 214. 349 



CHAPT E R C X I V . 

AN ACT TO AMEND " AN ACT TO T'KOMOTE AND ENCOUKAGE THE 
PLANTING OF OYSTERS AND CLAMS, CHAPTER THIRTY-THREE, 
ACT OF ASSEMBLY ONE THOUSAND EIGHT HUNDRED AND FIFTY - 
P.IfrHT AND ONE THOUSAND EIGHT HUNDRED AND FIFTY- 
NINE. 

Section 1. The General Assembly of North Carolina Jo Juiislicfcion. 

enact, That the jurisdiction and power conferred by said act 

.jpon the courts of please and quarter sessions, be and the 

same are hereby conferred on the superior courts of the 

state. 

Sec. 2. That the word "white" be stricken from the said Word^w'.ute" 

. , rejected. 

act whenever it may relate to inhabitants. 

Sec. 3. That section two of said act be so amended that the 
petitioner or person applying for license shall have the right 
to include any lot or farm or bed any number of acres not 
exceeding ten in such lot, farm or bed. 

Sec. 4. That sections five and six of said act bo and the Repealing clause 
same are hereby repealed. 

Sec. 5. That this act shall take effect and be in force from When act to take 
and after its ratification. 



Ratified the 9th day of February, A. D. 1372. 



PUBLIC RESOLUTIONS 



OF THE 



STATE OF NORTH CAROLINA. 



PUBLIC RESOLUTIONS. 



OF THE 



STATE OF NORTH CAROLINA, 



SESSION 1871-72. 



RESOLUTION MAKING TEMPORARY PROVISION FOR STATIONERY. 

Resolved, oy the senate, the house of representatives eon- stationery to be 
■curving, That the secretary of state be authorized to pur- senate and House 
chase and furnish for the use of the senate and the house ot trves^lec^" 
representatives, such stationery as the clerk of the senate and state - 
the clerk of the house of representatives shall certify to be 
necessan 7 , until the regular annual requisition is filled. 

Ratified the first day of December, A. D. 1871. 



RESOLUTION CONCERNING THE MONEYS RECEIVED BY THE PUBLIC 
TREASURER UNDER REVENUE ACT OF ONE THOUSAND EIGHT 
HUNDRED AND SEVENTY-ONE. 

Resolved hy the house of representatives, the senate concur- Money not to be 
r'<n<j, That the public treasurer be directed not to apply any *| p]tied * certain 
money received or to be received from the sheriffs of the 
state under an act entitled an act to raise revenue, ratified 
March, anno domini one thousand eight hundred and 
seventy-one, to the repayment of moneys borrowed under 



38S 



1ST1— '72. — Resolutions. 



Wliec resolution 
to be in force. 



chapter nineteen, acts of oce thousand eight hundred and 
seventy and one thousand eight hundred seventy-one. 

This resolution shall take effect from and after its ratifi- 
cation. 

Ratified the 1st day of December, A. D. 1871. 



RESOLUTION CONCERNING THE TAX LISTS OF IIARNPnT COUNTY. 



Preamble. 



Tax list to be re- 
turned for correc- 
tion. 



Time ef final 
.settlement. 



When to take 
■effect. 



Whereas, It appears from the memorial, signed by the 
commissioners of Harnett county, that there are various 
errors in the tax lists of said county, and now returned to 
the auditor's office ; therefore, 

Resolvedly the house of 'representatives, the senate con- 
curring, That the said tax list be returned to the commis- 
sioners of Harnett county for correction, and that the tax 
collector ol said county, after paying into the treasurer's 
office five-sixths of the sum now appearing due on said tax 
list, be allowed thirty days from the passage of this resolu- 
tion in which to make a final settlement with the treasurer 
according to the corrected list. 

This resolution shall be in force from and after its passage. 

Ratified the 1st day of December, A. D. 1871. 



RESOLUTION IN FAVOR OF W. E. PIERCY, SHERIFF OF Y/ANCEY 

COUNTY. 



Preamble Whereas, W. E. Piercy, sheriff of Yancey county, was. 

by reason of serious illness during the months of September 
and October, prevented from collecting the state taxes due 
from said couuty for the year anno domini one thousand 
eight hundred and seventy-one ; therefore, 



1871-7.2— Resolutions. 389 

1st. Resolved by the house of rejrresentatives, the senate ^^Xs^t^ttiitat 
Gonourrinfj That said W. E. Piercy, sheriff of Yancey and settle taxes, 
county, be allowed until the first day of January, one thou- 
sand eight hundred and sevent} r -two, to collect and settle 
said taxes with the treasurer of the state, and that he be e K s 
relieved until that time from all penalties, fines, &c, for 
his failure to settle the same as now required by law. 

2nd. Resolved, That these resolutions be in force from When resolution 

to be m force. 

their ratification. 

Ratified the Gth day of December, A. D. 1871. 



RESOLUTION CONCERNING THE PRINTING OF CERTAIN PUBLIC 
DOCUMENTS. 

Resolved by the house of representatives, the senate concur- Auditor's report 
ring, That the secretary of state be directed not to allow the state not to be 
auditor's report or constitution of the state to be published ^ e putaic^Lws. 
with the public laws as heretofore. 

Eatified the 8th day of December, A. D. 1871. 



RESOLUTION TO AUTHORIZE THE ATTORNEY GENERAL TO SUE OUT 
WRIT OF HABEAS CORPUS FOR ALLEN BETTIS. 

Resolved by the senate, the hcntse of representatives con- 
vurrinrj, That the message of his excellency, the governor, 
in relation to the arrest and detention of Allen Bettis, a 
citizen of this state, be referred to the attorney general, with 
authority to apply to a judge of the supreme court of the 
United States for a writ of habeas corpus, to test the legality Writ of Habeas 

c .■, . «,.. ,.,. . Corpus to i»e 

of the imprisonment of the citizen named m this communi- served. 

cation, or any other citizen of the state arrested by a military 

force without legal authority. 

Ratified the 13th day of December, A. D. 1871. 



390 1871-72.— Resoltjtk >x,. 



RESOLUTION TO PAY CERTAIN WITNESSES IN THE LATE IMPEACH- 
MENT TRIAL OF W. W. 1IOLDEN. 

payment of wit-; The senate of North Carolina do resolve, That the public 

nesses in mi- " * 

peachment trial, treasurer he and he is hereby authorized and directed to pay 
to the following persons, witnesses in the late impeachment 
trial of Gov. W. W. llolden, the amounts due them for 
their attendance thereon as ascertained by the tickets sworn 
to betore the clerk of the senate, to-wit : Thomas J. Oldham, 
thirteen dollars; A. Hedgpeth, fifteen dollars and fifty 
cents; Lewis Lee, (colored,) eleven dollars; Hugh B. Guth- 
rie, eleven dollars ; S. S. Wild, twenty-two dollars and fifty- 
cents ; the same to be paid out of any moneys in the treasury 
not otherwise disposed of. 

Ratified the 13th day of December, A. D. 1871. 



RESOLUTION IN FAVOR OF J. D. CAMERON. 

Continuation of Jiesolved by the house of representatives, the senate con- 
in offiice. curving, That J. D. Cameron, clerk to the commission to 

inquire into certain charges of Iraud and corruption, be con- 
tinued in his said office to superintend the printing of the 
report and accompanying documents of said commission, and 
Compensation, that he be paid fifty dollars for his said extra service. 
Ratified the 13th day of December, A. D. 1871. 



RESOLUTION OF INSTRUCTION TO THE PUBLIC TREASURER. 

Claims now out- Resolved by the house of representatives, tlie senate eon- 

pikework not to curving, That the public treasurer be and he is hereby in- 

epB1< structed and directed not to pay any warrant, certificate,. 



1S71-' 72.— Resolutions. 391 

claim or claims -whatsoever, which are now outstanding for 
work purporting to have been done in pursuance of an act 
entitled an act to establish a turnpike road from the head of 
North river, Carteret county, to the head of Adams' creek, 
in Craven county, North Carolina, ratified the eleventh 
day of March, anno domini one thousand eight hundred and 
sixty-nine. 

Resolved, That the clerk of this house be directed to Copyof resoiu- 

7 , , tion to be sent 

furnish a copy of this resolution to the public treasurer at as Public Treasurer,. 

early a date after ratification as practicable. 

Resolved, That this resolution be in force from and alter When [resolution 

t 3 to take effcet. 

its ratification. 

Ratified the 13th day of December, A. D. 1S71. 



RESOLUTION COMPLIMENTARY TO COMMODOKE MATTHEW F. 

MAURY. 

Whereas, The general assembly of North Carolina has Preamble, 
received with great) pleasure] and satisfaction the address 
and communications of Commodore Matthew F. Maury 
respecting international meteorological observations and 
reports or essays, and [having given the subject-matter the 
consideration so eminently due this distinguished man of 
science from whom it originated, 

Be it resolved by the general assembly of North Carolina Approval of pro- 
That we cordially endorse and approve of the propositions p0S1 x 
of Commodore Maury, and ask leave most respectfully to 
recommend them to the attention, consideration and approval 
of the congress of the United States. 

Be it further resolved, That our gratitude and thanks are Thanks accorded, 
due to Commodore Matthew F. Maury for his eminent and 
distinguished labors in science, by which he has so greatly 
benefitted the commerce of his own country and that of the 
world, and merited the title of a public benefactor. 



392 



1871-72.— Resolutions. 



Copy of resolu- 
tions sent to U. S. 
■Congress. 



Be it also resolved, That a copy of these resolutions be 
transmitted to our senators and representatives in congress 
with a request that they present them to the congress ot the 
United States, and that a copy also be transmitted to Com- 
modore Maury. 

Ratified the 13th day ot December, A. D. 1871. 



RESOLUTION IN KEG ART) TO PUBLIC PRINTING. 



^Preamble, 



Committee to in- 
vestigate ac- 
counts of public 
printer. 



Selection of three 
practical printers 
%o render justice. 



When resolution 
to be in force. 



Whereas, one James H. Moore, did on the thirteenth day 
of December, anno domini one thousand eight hundred and 
seventy, through a joint committee of rjoth houses, contract 
with the general assembly of North Carolina for the public 
printing for one year ; and whereas, a copy of said contract 
was filed in the auditor's office where the accounts of the 
said James II. Moore were to be passed upon before pay- 
ment ; and whereas, it is charged that a part of the accounts 
of the said James H. Moore were by him improperly 
rendered, and by the auditor improperly audited ; now 
therefore, 

1st. Mesovled, That a joint committee of two on the part 
of the senate and three on the part of the house, be appointed, 
who shall, together with the auditor of the state, have the 
account with the public printer under his written contract, 
made up in full, using for the method of computation what 
is known as the quad em. 

2d. JZesolved, To enable said committee to do full justice 
to all parties, they may engage the services of three impar- 
tial practical printers, one to be selected by the committee, 
one by the auditor, and one by the contractor, any two of 
whom may make up said account under the supervision of the 
committee and auditor. The committee shall report their 
proceedings to the house. 

3d. That this resolution take effect from its passage. 

Ratified the lGth day of December, A. D. 1871. 



1 8 71-'72.— Resolutions. 393 



RESOLUTION TO 1'AY CERTAIN WITNESSES AND A MESSENGER. 

1st. Resolved h/ the house of representatives, the senate Accounts of wit- 

J . . nessesto be 

concurring. That the auditor be and he is hereby instructed audited. 

to audit the accounts of Joseph II. Wilson, II. W. Guion, 

C. Dowd, Nathaniel Boyden, Rufus Barringer and Wm. P. 

Bynura and "William H. Bay ley, witnesses summoned by the 

house of representatives to give evidence before a special 

: committee of the house, in the investigation of the charges 

against Judge George W. Logan : Provided, The allowance Proviso. 

shall not exceed one dallar and a half per day, and ten cents 

per mile for distance travelled. 

2d, Resolved further, That he is instructed to audit the Account audited 

J ' > for messenger to 

account of George D. Miller, messenger to summon said summons. 

witness, for the amount of fifty dollars, and the treasurer is 

hereby authorized and instructed to pay said accounts. 

Sec. 3. This resolution shall be in force from and after its When resolution 

to be in force. 

passage. 

Ratified the 18th day of December, A. D. 1871. 



RESOLUTION IN REGARD TO A RECESS. 

Section 1. Resolved by the house of representatives, the Recess taken by 

mi i • tit general assembly. 

senate concurring, lhat this general assembly take a recess 

from and after Friday, the twenty-second of this month, 

until the second of January, one thousand eight hundred 

and seventy-two : Provided, That no member shall be enti- Proviso. 

tied toany^e/' diem during the time of the recess. 

Sec. 2. That the resolution adjourning from Saturday, Resolution 

rescinded, 
the twenty-third December, to Tuesday, the twenty. sixth, is 

hereby rescinded. 

Ratified the 21st day of December, A. D. 1871. 



194 



1S71-72. — Res'olut* >ns. 



RESOLUTION EXTENDING THE TIME OF II. W. MAYS, SHERIFF 

ALEXANDER COUNTY, TO SETTLE WITH COUNTY TREASURER. 



Extension of 
time allowed for 
collecting taxes. 



Resolved^ That II. W.Mays, sheriff of Alexander county, 
lie allowed until the first day of July, one thousand eight 
hundred and seventy-two, to collect the taxes of said county 
and settle with the public treasurer. 

Ratified the 5th day of January, A. D. 1872. 



RESOLUTION IN FAVOR OF HON. JOHN M. CLOUD, JUDGE OF THE 
EIGHTH JUDICIAL DISTRICT. 



Preamble. 



No deduction 
made from salary. 



When resolution 
to take effect. 



"Whereas, by an exchange of circuits, John M. Cloud, j udge- 
of the eighth judicial district, was assigned to hold the fall 
term of the superior courts of the twelfth judicial district 
for one thousand eight hundred and seventy-one ; and 
whereas, on account of a protracted trial of an indictment 
for a capital crime, the term of the court for Henderson 
county was necessarily extended beyond two weeks so that 
it was impossible for the said judge to reach the county seat 
of Swain county in time to hold court in said county ; and 
whereas, the said judge made an effort to reach said county, 
but was informed while on his way, that the sheriff of said 
county had adjourned said court until the time for its next 
regular term ; therefore, 

Section 1. The general assembly of North Carolina do 
resolve, That the treasurer be and he is hereby directed not 
to make any deduction from the salary of the said judge on 
account of his failing to hold the said court of Swain 
county. 

Sec. 2. This resolution shall take effect from its ratifica- 
tion. 

Ratified the 6th day of January, A. D. 1872. 



18Tl-'72.— Resolutions. 395 



RESOLUTION IN REGARD TO THE LEASE OF THE NORTH CARO- 
LINA RAILROAD. 

Section 1. Resolved by the senate, the house of represen- Commissioners 

. . . . . r -, appointed to en- 

tatweS concurring, lhat a joint committee consisting or nye quire into facts 
members of the house and three senators, be appointed to of North Caro- 
inqnire into and report all facts and circumstances in regard ma turoa ' 
to the lease ot the North Carolina Railroad to the Richmond 
and Danville Railroad Company ; whether the old board of 
directors had any power or authority to make the said lease ; 
whether any member ot said board was reappointed as 
director by Governor Caldwell ; whether any of said board 
held the appointment of state proxy from Governor Cald- 
well ; whether any member of said board had or has any 
connection directly or indirectly with the suit ot Stafford 
against the president of the North Carolina Railroad and 
others, in the United States Circuit Court; what is the 
present condition of the said suit and the injunction obtained 
therein ; whether any counsel was employed on the part of 
the state of North Carolina, or the old board of directors to 
inquire into the sufficiency of said lease to protect the interest 
of said state ; whether any advertisement was made in regard 
to leasing said road ; whether any offer was made for any 
portion of said road, and at what price; what were the 
receipts of said road from all sources for the fiscal year end- 
ing May thirty-first, one thousand eight hundred and seventy- 
one ; what the ordinary expenses of operating said road 
during said year ; what extraordinary expenses during the 
same period; what increase over the preceding }*ear in ex- 
penses ; what is the debt of said company ; what portion of 
said debt is required to be paid on the first of January of 
each year ; what are the assets of said company ; what por- 
tion consists of debts due from insolvent agents ; what por- 
tion of claims against the state of North Carolina for trans- 
portation of Kirk's troops or expenses connected with said 
command ; what debt is still due by loan of one thousand 
eight hundred and fifty-nine, or unpaid dividends ; whether 



396 1871-'72.— Resolutions. 

the Richmond and Danville Railroad Company is a solvent 
corporation ; whether it has been paying dividends ; whether 
any injunction has been obtained against the board of direc- 
tors appointed by Governor Caldwell ; whether any sum of 
money or other consideration above the sum ol two hundred 
and sixty thousand dollars has been paid or agreed to be 
paid to any person in this state or out of it, for the pui-pose 
of procuring the lease, or in any way connected with it ; 
whether the old board of directors have appropriated any 
sum of money lor the purpose of defending said lease, or in 
connection with the suit of Stafford in United States 
Circuit Court ; whether any money has been paid or in- 
vested by any person in North Carolina in any way or 
manner for the purpose of defending the said lease : and to 
inquire into any other matter connected with said lease in 
any shape or form that in their opinion would tend to throw 
light upon the subject, or be of service to the state of North 

Power vested in Carolina, and said committee be invested with all powers 
committee. ' r 

heretofore conferred on the commission composed of W. M. 
Shipp, J. B. Batchelor and J. G. Martin, for the purpose of 
this investigation ; and that the said committee be instructed 

general assembly to report to tne general assembly as early as practicable con- 
sistent with a full discharge of the duties herein enjoined. 

StKffS* 011 Sec - 2 - This resolution shall be in force from its ratifi- 
cation. 

Ratified the 6th day of January, A. D. 1872. 



EESOLUTION OF INSTRUCTION TO THE TREASURER. 

Funds to be paid \ s ^ Besolved by the senate, the house of representatives 

out belonging to ^ ; j jt 

Turnpike Compa- concurring, That the treasurer be instructed to pay out the 

funds now in the treasury belonging to the Sparta and 

Bakersville, and Marion and Asheville, and Hickory Station 

and Patterson Turnpike Companies upon the proper 

vouchers to be filed by the first day of May, one thousand 



mes 



1871-'72.— Resolution*. 397 



eight hundred and seventy-two, pro rata in proportion as 
set apart by the appropriating act, where services have been 
rendered : Provided, That in this distribution of the fund, 
the amounts heretofore paid shall be counted in the distri- 
bution of the pro rata shares. 



Proviso. 



2d. This resolution to take effect from and after its passage. When resolution 

A ° to be m force. 

Ratified the 9th day of January, A. D. 1S72. 



RESOLUTION IN FAVOR OF W. II. BATTLE AND D. G. FOWLE. 

1st. Resolved oil the house of representatives, the senate Compensation for 

_,, . » i it- counsel employed 

concurring, That the treasurer of the state be and he is by president of 
hereby directed to pay to W. H. Battle and D. G. Fowle, erof House.'*' 
counsel employed by the president of the senate and speaker 
of the house, each two hundred dollars for services rendered 
in a suit of one Stafford, of the state of Maryland, instituted 
in the federal court against the president of the senate and 
the speaker of the house, to restrain them from obeying a 
law of the state. 

2d. This resolution shall be in force and effect from and Kj^fSce?" 
after its ratification. 

Ratified the 18th day of January, A. D. 1872. 



RESOLUTION IN FAVOR OF LEWIS TICKLE. 

Iiesolved, The public treasurer be instructed to pay out Compensation 

. t . • , j . , ., /. for witness in kn- 

ot any moneys not otherwise appropriated, the sum ot four- peaciiment trial. 

teen dollars and ninety cents ($14.90), to discharge of his 

ticket for attendance as a witness in the late impeachment 

trial of Governor W. W. llolden. 

Ratified the 18th day of January, A. D. 1872. 



398 lS71-'72,— Resolutions. 



.IOJNT RESOLUTION ON ADJOURNMENT. 

Adjournment of Resolved by the senate, the house of representatives con- 
curring, That the general assembly do adjourn sine die at 
twelve o'clock m., on "Wednesday, the thirty-first day of Jan- 
uary, one thousand eight huudred and seventy-two. 
Ratified the 19th day of January, A. D. 1872. 



RESOLUTION IN REGARD TO THE MANAGEMENT OF THE PENITEN- 
TIARY. 

Select Committee Resolved by the house of representatives, the senate con- 
curring, That a joint select committee to consist of two on 
the part of the senate and three on the part of the house, be 
appointed whose duty it shall be to inquire and report to 
this general assembly as early as practicable : 

First. "Whether the board of directors have ordered the 
work on the penitentiary as contracted for by the Coleman 
Brothers, to be discontinued, and it so, for what reason, and 
by what authority. 

Enquiries into the Second. Whether there has been any violation of the 

management of ,; 

Penitentiary.' | j -5 ninth section of the act of one thousand eight hundred and 



seventy and one thousand eight hundred and seventy-one, 

chapter one hundred and ninety-one, by the board of direc- 

*U tors, or any one of them, in contracting for supplies for the 




IE Bfciiini .„a: 



penitentiary, directly or indirectly. 

Third. Whether food, unwholesome in quality and insuf- 
ficient in quantity, was furnished to the convicts during the 
summer of one thousand eight hundred and seventy one ; 
what was the character of the food so furnished, and who is 
responsible therefor. 

Fourth. Whether during the same period the convicts 
were properly clothed, and at what extent, and in what par- 
ticulars their clothing was insufficient. 



1871-72.— Resolutions. 399 

Fifth. Whether since the third Monday of April, one 
-thousand eight hundred and sevent} T -one, the health of the 
-convicts has been endangered or impaired for the want ot 
proper and sufficient food and clothing, and if so, to what 
extent. 

Sixth. Whether under the management of the present 
board of directors, the salaries of the deputy warden, steward 
and physician, have been increased, and the pay of the 
guards and overseers diminished, and if so, what reason 
was there for these changes and what the reason for them. 

Resolved, further, That the committee have power to send \^ ' of commit ' 
for persons and papers, and to take testimony under oath. 

Ratified the 23d day of January, A. D. IS 72. 



RESOLUTION TO PROVIDE ADDITIONAL AID FOR THE ENROLLING 

CLERK. 

Resolved by the senate, {the house of representatives con- Aid allowed en» 

curring, That the enrolling clerk be and he is hereby rolIias clerk * 

allowed to employ such aid as may be necessary to enable 

him to finish up the business of his office by the close ot 

the session, allowing for such services three dollars per day Compensation. 

while actually engaged at such service. 

Resolved, That this resolution shall take effect from its When resolution 
..r. ,. to take effect. 

ratification. 

Ratified the 23d day of January, A. D. 1872. 



RESOLUTION FOR THE BELIEF OF T. F. BAXTEE, SHERIFF OF 
CURRITUCK COUNTY, AND A. MURRAY, SHERIFF OF ALAMANCE 
COUNTY. 



Resolvedly the general assembly of North Carolina, That Timeaiiowe.i 
T. F. Baxter, sheriff of Currituck county, and A. Murray, men". S ° r ^ 
sheriff of Alamance county, be and they are hereby allowed 



400 



lS71-'72.— Resolutions. 



Penalties to be re- 
moved. 



When resolution 
to take effect. 



until the first day of March, one thousand eight huudred 
and seventy-two, in which to settle with the public treasurer 
of their counties, respectively, for taxes due the same fur 
the year one thousand eight hundred and seventy-one. 

Jiesolved, That if said taxes are paid on or before the said 
first day of March, one thousand eight hundred and seventy- 
two, all the penalties incurred by the said T. F. Baxter and 
A. Murray, in not settling said taxes, shall be removed and 
of no effect. 

This resolution shall take effect from and after its ratifi- 
cation. 

Ratified the 24th day of February, A. D. 1S72. 



RESOLUTION OF INSTRUCTION AND REQUEST TO NuRTII CAROLINA 
SENATORS AND RRURESENTATIVES IN CONGRESS. 



Congress of 
U. S. applied to 
for an appropri- 
ation to make im- 
provements on 
Dismal Swamp 
Canal. 



The general assembly of North Carolina clo resolve, That 
our senators in congress be instructed, and our representa- 
tives requested to urge the passage by the congress of the 
United States, of an appropriation sufficient to widen the 
Dismal Swamp canal to sixty feet, aud increase its depth to- 
eight feet, and so widen and adjust the locks as to admit as 
large vessels as will carry full freight on a canal of that 
width and depth. 

Ratified the 25th day of January, A. D. 1872. 



RESOLUTION IN FAVOR OF W. E. ANDERSON. 



Compensation 
for W. E. Ander- 
sen. 



JZesolved, That the state treasurer pay to William E. 
Anderson, of Raleigh, the sum of fifty dollars out of any 
money in the treasury not otherwise appropriated, for 
services rendered the committee on the insane asylum, ses- 



1871-72.— Resolutions. 401 

.-sioii one thousand eight hundred and sixty six and one thou- 
sand eight hundred and sixty-seven. 

Ratified the 25th day of January, A. D. 1872. 



RESOLUTION SUPPLEMENTAL TO A RESOLUTION CONCERNING 
THE PAYMENT OF THE FUNDS IN THE TREASURY COLLECTED 
ON ACCOUNT OF THE MARION AND ASHEYILLE TURNPIKE 
COMPANY, RATIFIED NINTH JANUARY, ONE THOUSAND EIGHT 
HUNDRED AND SEYBNTY-TWO. 

Resolved. That upon application to the auditor or by the Payment of funds 

collected for 

holders of warrants drawn on the special fund collected on Turnpike, 
.account of the Marion and Asheville Turnpike Company 
.and presentations of the same, the auditor shall give his 
warrant on the state treasurer in each case for the amount 
jr/'O rata to which the holder may be entitled, and the treas- 
urer shall pay the same. The auditor shall endorse on the Endorsement of 

r «/ warrant. 

original warrant the amount allowed on the same, to whom 
.allowed, and the date of allowance. 

This resolution shall be in force from and after its ratifi- XtaLtffeet? 10 * 
.caiton. 

Ratified the 25th day of January, A. D. 1S72. 



RESOLUTION OF INSTRUCTION TO THE COMMITTEE TO AUDIT 
THM STATE PRINTER'S ACCOUNT. 



Whereas, This legislature is pledged to a rigid economy Preamble 

in public affairs, and vjhereas, in fulfillment of that pledge, 

it has moved steadily forward to correct abuses and sustain 

the right without regard to friend or foe, and whereas, it is 

suggested that the same error will be found in the counting 

-of printing of the public laws of one thousand eight htm- 
26 



402 



1871-'72.— Chapter 202. 



Measurement. 



When resolution 
to be in force, 



dred and sixty-nine and one thousand eight hundred and 
seventy, as was found in the accounts of the public printer 
for one thousand eight hundred and seventy and one thou- 
sand eight hundred and seventy-one ; therefore, 

Resolved*, That the joint committee to audit the account 
of the public printer, be and they are hereby instructed, 
with the assistance of their three practical printers, to inves- 
tigate and ascertain by what measure the laws of one thou- 
sand eight hundred and sixty-nine and one thousand eight 
hundred and seventy, and other printing for that year, were 
measured, and if the sams were not measured by the quad 
em, then to ascertain what amount of money was paid to 
the state printer for that year, more than he ought to have 
received. 

This resolution shall be in effect from and after its ratifi- 
cation. 

Ratified the 27th day of January, 1872. 



RESOLUTION IX RELATION TO AIUOL'RXMEXT. 



Resolution rescin- 
ded. 



Adjournment. 



The senate do resolve, the house of representatives concur- 
i/uj, That the joint resolution heretofore adopted by both 
houses to adjourn on Wednesday, January thirty-first, one 
thousand eight hundred and seventy-two, be and the same is 
hereby recinded. 

Resolved, further, That the legislature do adjourn on 
Wednesday, the seventh day of February, one thousand 
eight hundred and seventy-two, at twelve m. 
Ratified the 30th day of January, A. D. 1S72. 



1871-'72.— Resolutions. 40* 



RESOLUTION RELATING TO THE CAPE FEAR HARBOR. 

Whereas, It appears manifestly the duty of the state of Preamble. 
North Carolina, as well as her best interests, to provide, as 
tar as practicable, a port ot export and import within her 
own borders, thereby avoiding commercial vassalage to 
neighboring states, and securing to her citizens all the 
benefits arising from an export and import trade ; and 

"Whereas, This general assembly is assured that the Cape 
Fear river once possessed a harbor valuable to the state and 
valuable to the general government, which has been mate- 
rially damaged [by long neglect and delay in repairing an 
accident and in the removal of obstructions of defence made 
prior to the revolutionary war ; and 

Whereas, This general assembly is clearly of opinion that 

the removal of said obstructions and repairing said damages, 

so as to restore the bar and harbor to its original condition, 

comes within the province of the general government alone : 

Therefore, he it resolved, That this general assembly Congress called 
,*,,.., . , ,, , TT . upon to restore 

respectfully invite the attention ot the congress ot the U nited the harbor of 

States, now in session, to this subject, and request the adop- ape 

tion of prompt and efficient means for arresting further 

damage, and of restoring Cape Fear harbor to its original 

condition. 

Resolved, That copies of this preamble and resolutions Copies of resoiu- 
, » , ti° B to °e f or- 

be transmitted by the governor of the state to our senators warded to con- 

and representatives in congress, requesting them to urge 

upon that body the necessity of making the necessary 

arrangements for the restoration ot Cape Fear harbor. 

Ratified the 30th day of January, A. D. 1872. 



RESOLUTION IN FAVOR OF CHARLES AIJRAMS. 

Resolved hy the house of representatives, the senate concur. 
ring, That the public treasurer be and he is hereby directed 



-404 



1871-72. — Resolutions. 



Compensation 
lor night watch- 
man. 



Proviso. 



-.Further prOvi60. 



to pay to Charles H. Abrams, forty-two dollars out of any 
moneys not otherwise appropriated, for services rendered as 
nignt-watchman at the capitol during the months of February 
and March one thousand eight hundred and seventy- 
one: Provided, That said Abrams shall previously sui» 
render the warrant heretofore issued ..for ti said. ( amount : 
Provided further, That the resolution heretofore adopted, 
under which such warrant was issued, is hereby rescinded. 
Ratified the 1st day of February, A. D. 1872. 



RESOLUTION IN REGARD TO THE LOVEJOY ACADEMY. 



Xeasc of Lovejoy 
Academy. 



'When resolution 
to be in force. 



1st. Resolved by the senate, the house of representatives 
concurring, That the joint committee on public buildings 
and grounds be and they are hereby instructed to lease to 
Thomas Bailey, Esq., the school house on Burke Square, 
known as the Lovejoy Academy, upon such terms and for a 
period not exceeding ten years, for the purpose of a school 
of high grade, as will secure the preservation and yearly 
repair of this property. 

2d. Resolved, That this resolution be in force from its 
ratification. 

Ratified the 1st d,ay of February, A. D. 1872. 



RESOLUTION TO ALLOW THE ENGROSSING CLERK OF THE SENATE 
TO EMPLOY ASSISTANCE. 



Assistance to en- 
grossing Clerk. 



Proviso, 



1st. Resolved by the senate, the house of representatives 
concurring, That the engrossing clerk of the senate be 
authorized to employ such clerical assistance for the remain- 
der of the present session as may be necessary : Pro ruled, 



1871-72. — Resolutions. 405- 

The compensation of said assistant shall not exceed three 
dollars per day. 

2d, Resolved, That this resolution be in force from and ^b^nlSce! 011 
after its ratification. 

Ratified the 1st day of February, A. D. 1872. 



RESOLUTION OF INSTRUCTION TO THE COMMITTEE ON PRINTING. 

Resolved by the qeneral assembly of North Carolina, That Contract for bin- 

J J ... ^ m §. re P or ' taken 

the joint committee on printing are instructed and em- by Fraud com- 
^ ^ n i i • t i> 1 . mission. 

powered to make a contract for the binding of the report 
and testimony taken by the " Fraud Commission " in con- 
venient and cheap book form. 

Ratified the 2d day of February, A. D. 1872. 



RESOLUTION RELATIVE TO ADJOURNMENT. 

Resolved by the senate, the house of representatives con- Adjournment of 
earring, That the resolution ratified on the day of Jan- 
uary, one thousand eight hundred and seventy-two, to ad- 
journ on the seventh of February, be and the same is here- 
by repealed, and that this general assembly do adjourn at 
12 m. Monday, the 12th day of February. 

Ratified the 8th day of February, A. D. 1872. 



RESOLUTIONS IN FAVOR OF DELINQUENT SHERIFFS. 

The general assembly of North Carolina do resolve, That Relief for Shciiffs- 
all sheriff's who have paid into the public treasury all the 
taxes due the state from their respective counties for the 



4*6 



1871-72. — Resolutions. 



PrOTJBO. 



"Wlien resolution 
to be in force, 



year one thousand eight hunred and seventy-one, shall be 
released from the payment of all fines and penalties incurred 
by reason of failure to pay said taxes at the proper time 
required by law : Provided, That any sheriff against whom 
judgment has been entered for his said default shall not be 
relieved from the payment of the costs of said judgment. 

This resolution to be in force from its ratification. 

Ratified the 8th day of February, A. D. 1S72. 



RESOLUTION IN FAVOR OF EMPLOYEES OF THE SENATE AND 
HOUSE OF REPRESENTATIVES. 



Compensation 
for extra services. 



When resolution 
to be in force. 



Section 1. Resolved by the house of representatives, the 
senate concurring, That the three employees ot the senate 
and the house be each allowed the sum of thirty dollar* 
additional pay for extra services performed during this ses- 
sion of the general assembly. 

Sec. 2. This resolution shall be in force from and after its 
ratification. 

Ratified the 8th day of February, A. D. 1872. 



A RESOLUTION IN FAVOR OF HENRY M. MILLER. 



Compensation 
riorH.M. Miller. 



Resolved by the house of representatives, the senate con- 
curring, That the public treasurer pay to Henry M. Miller 
seventy-one dollars and sixty cents ($71.60,) expenses in- 
curred by him in arresting and bringing from the state of 
"Virginia John Q. Bryant, a fugitive from justice in this 
state, which service was rendered by said Henry M. Miller, 
by order of the governor. 

Ratified the 8th day of February, A. D. 1872. 



1871->72.— Resolutions. 407 



RESOLUTION IN BEHALF OF WM. H. HAMILTON AND JOSEPH A. 

MILLER. 

Section 1. The General Assembly of Worth Carolina do Exemption fro» 

taxation. 
resolve, That Win. II. Hamilton, a citizen of "Wake county, 

and Joseph A. Miller, of Lenoir county, be and they are 

hereby exempt from all taxation . of the state, general or 

special, and that it shall be incompetent for any board of 

township trustees to assess their property for taxation. 

Sec. 2. That this resolution shall take effect from its rati- When resolution 

to be in force. 

-cation. 

Ratified the 8th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF GEORGE N. LEWIS, SHERIFF OF NASH. 

1st. liesolved oy the senate, the house of representatives Compensation 
mi i ■ i ' i i • -I , for G. N. Lewis. 

concurring, That the treasurer is herby authorized and 

directed to pay to George N. Lewis, sheriff of Nash county, 

out of any money not otherwise appropriated, the sum of 

eighteen hundred and forty seven dollars and fifty cents, for 

services rendered in keeping certain horse thieves sentenced 

to the penitentiary. 

2d. This resolution shall be in force from its ratification. When _ resolution 

to lip in force 

Ratified the 8th day of February, A. D. 1872. 



A RESOLUTION IN FAVOR OF D. C DUDLEY AND OTHERS. 

/Resolved, flee senate concurring, That the public treasurer CompeDBition. 
be and he is hereby instructed to pay D. C. Dudley, John 
C. Gorman and John 0. Marcom, the sum of sixty dollars 
each out of any moneys not otherwise appropriated as a 



408 1871-72.— Efc>< >litk fcs. 

compensation ior services rendered in measuring the public- 
printing. 

When resolution Resolved, That this resolution shall be in force from and 
to be m force. 

after its passage. 

Ratified the 8th day of February, A. I). 1872. 



RESOLUTION IN FAVOR OF DANIEL L ATT A, A WITNESS SUMMONED 
TO APPEAR BEFORE A COMMITTEE OF THE HOUSE OF REPRE- 
SENTATIVES. 

for m v^tn Sa ^ 0n Resolved by the house of representatives, the senate con- 

curring, That the public treasurer be and he is hereby in- 
structed to pay to Daniel Latta, a witness summoned to- 
appear before a committee of the house oi representatives, 
for his attendance before said committee at the rate of one 
dollar and a half per diem for one day, and also to pay 
twenty-one doHers" and forty cents, the actual traveling 
expenses ot said Daniel Latta in obeying the mandate of the 
house of representatives. 

Ratified the 8th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF THOMAS S. SILER AND J. M. LYLE, 
EXECUTORS OF JACOF> SILER, DECEASED, LATE AGENT OF THE 
STATE FOR THE COLLECTION OF CHEROKEE BONDS. 

Money paid to Resolved- by the general assembly of North Carolina, That 

the public treasurer be and he is hereby authorized and 
directed to pay T. S. Siler and J. M. Lyle, executors of 
Jacob Siler, (deceased,) late agent of the state for the collec- 
tion of Cherokee bonds, or their attorney, twenty-five dollars 
out of any moneys not otherwise appropriated. 
Ratified the 8th day of February, A. D. 1872. 



1871'-72.— Resolutions. 4:09 



KESOLUTION IN FAVOR OF JOHN II. HILL, SEARGENT-AT-ARMS Ob' 
THE HOUSE OF REPRKSENSATIVES. 

Resolved hj the house (f representatives, the senate concur- ^^wgeantTt 
rinq, That the public treasurer be and he is hereby instructed *"™f.j f° r J^ c m " 

•J ' r ■/ moning wisnesp. 

to pay John II. Hill, seargent-at-arms of the house of repre- 
sentatives, the sum of three dollars for services rendered in 
summoning Daniel Latta, a witness to appear before a com- 
mittee of the house of representatives according to the 
mandate of the speaker, dated December twentieth, anno 
domini one thousand eight hundred and seventy-one. 

This resolution shall be in force from and after its ratifica- When resolution 

to be In force, 
tion. 



Ratified the 8th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF J. W. COOPER. 

"Whereas, On the twentieth of May, one thousand eight Preamble] 
hundred and sixt} 7 -five, Jocob Siler, agent of the state of 
North Carolina for Cherokee lands, did erroneously collect 
of J. "W. Cooper the sum of sixty-four dollars and twenty- 
two cents ; therefore 

Section 1. Resolved by the house of representatives, the Money refunded, 
senate concurring, That the treasurer be and he is heieby 
instructed to pay to J. "W. Cooper, or order, the sum of sixty- 
four dollars and twenty-two cents out of any moneys in his 
hands not otherwise appropriated with interest on the same. 

Ratified the 8th day of February, A. D. 1872. 



410 



187l-'72.— RESOLUTIONS. 



RESOLUTION IN FAVOR OF J. S. 6UMMEBSETT, JOTLN FETILLO 
AND ARCHER HOLT. 



Compensation 
for disabled sol* 
diers of Confed- 
racy. 



When resolution 
to take effect. 



Unsolved by the General Assemhly of North Carolina, 
That the public treasurer be instructed to pay to James S. 
Summersett and John Petillo and Archer Holt, of Halifax 
county, disabled soldiers, the sum ot fifty dollars each as 
commutation for arms lost in the service of the late Con- 
federate army. 

Resolved further, That this resolution take eflect from 
its ratification. 

Ratified the 8th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF THE TAX COLLECTOR OF MCDOWELL 

COUNTY. 



Settlement for ar- 
rears of tares. 



Penalties remit- 
ted. 
Proviso. 



When resolution 
to be in force. 



Resolved by the senate, the house of representatives concur- 
ring, That the treasurer is hereby authorized to settle with 
the sheriff of McDowell county for himself and the tax col- 
lector all arrears of taxes for the year one thousand eight 
hundred and sixty-eight and one thousand eight hundred and 
sixty-nine, and remit the penalties against same : Provided, 
The said arrears be settled on or before the first day of July, 
one thousand eight hundred and seventy two. 

This resolution shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day ot February, A. D. IS 72. 



1871-'72. — Resolutions. 411 



RESOLUTION IN FAT OR OF CHARLES H. ABRAMS FOR SERVICES AS 
WATCHMAN OF THE CAFITOL. 

Resolved bu the senate, the house of representatives concur- Compensation 

_., , . ,. -i -i • i m for watchman of 

ring, That the public treasurer be authorized to pay to Unas. Capitol. 
H. Abrams, the sum of nineteen dollars and fifty cents, for 
services rendered as watchman of the capitol. 
Ratified the 9th day of February, A. D. 1872. 



RESOLUTION TO PAY JOHN D. CAMERON SIXTY COLLARS. 

Section 1. Resolved by the house of representatives, the Compensation ^ 

senate concurring, That the public treasurer is hereby au- eron. 

thorized to pay John D. Cameron the sum of sixty dollars 

for services rendered in superintending the publication of 

report of fraud commission. 

Sec 2. That this resolution take effect from and after its When resolution 
. to take effect, 

ratification. 

Ratified the 10th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF WILLIAM M. SHIPP, ATTORNEY GEN- 
ERAL, AND JUDGE J. M. CLOUD. 

Resolved, That Judge J. M. Cloud and W. M. Shipp, Compensation 

° for services ren- 

^Attorney General, be allowed the sum of fifty dollars each dered by Judge 

... . , . ... ., , Cloud and At- 

in payment of expenses incurred m visiting the county of tomey Genarai 
Rutherford, at the instance of the governor of state, to in- ' ' Slup r- 
vestigate outrages committed in said county in the year one 
•thousand eight hundred and seventy-one, and that the 
..auditor draw his warrant for the same. 

Ratified the 10th day of February, A. D. 1872. 



412 



1871-72. — Resolutions. 



RESOLUTION OF INSTRUCTION TO THE PUBLIC AUDITOR 



A ccouuts of the 
public printing to 
he audited. 



Report to be made 

to the General 
Assembly. 



Resolved by the house of representatives, the senate concur- 
ring, That the auditor be and is hereby instructed to audit 
the accounts ot the public printer which have not heretofore 
been audited, using tor the measurement the quad em, and 
alter deducting the amount heretofore overdrawn, as reported 
by the committee appointed to audit the accounts ot the 
public printer, draw his warrant on the treasurer for any 
balance which may be due the public printer. 

Sec 2. That the public auditor be further directed to 
report to the general assembly, as soon as the accounts of 
the public printer have been audited, whether the amount 
heretofore overdrawn has been paid to the state by the-- 
public printer. 

Ratified the 10th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF TUE PRINCIPAL CLERKS. 



Compensation. 



Treasurer to pay 
Clerk of Senate. 



Vt hen resolution 
to take effect. 



1st. The general assembly of North Carolina do resolve. 
That the principal clerks of the senate and house of repre- 
sentatives be each allowed one hundred dollars for extra 
work. 

2d. Resolved, That the public treasurer be instructed to 
pay the principal clerk of the senate the one hundred dollars 
allowed to him as extra compensation at the last session by 
resolution ratified the sixth day of April, one thousand 
eight hundred and seventy-one. 

od. Resolved, That this resolution shall be be in force 
from its ratification. 

Ratified the 12th day of February, A. D. 1872. 



18 71-' 72.— Resolutions. 413 



RESOLUTION AUTHORIZING THE STATE GEOLOGIST TO HAVE HIS 
REPORT PRINTED, ETC. 

The qeneral asseinbly of North Carolina do resolve. That Report of state 

* i . Geologist to be 

the state geologist be and he is hereby authorized to have printed by public 

his report printed by the public printer as far as practicable, 

and that he shall have supervision of the work so far as to 

■secure uniiormity of paper, type, &c, and after furnishing 

;a copy for each county, five copies for the state library, one 

copy for each member of the general assembly, and fifty 

copies to the governor for distribution among the states and Distribution of 

r ° ° copies, 

other public libraries of the United States and Europe, he 

•shall be authorized to sell the residue under the supervision 

of the governor, at such price as to repay the expenses of 

.-publication. 

Ratified the 12th day of February, A. D. 1872. 



RESOLUTION OF INSTRUCTION TO THE SECRETARY OF STATE. 

Resolved, the senate concurring, That the secretary of c^ie^ofVraud 141 
: state be and he is hereby instructed to forward to each mem- Commission to 

, , , . „, eacb member of 

ber of the general assembly to their respective postofhees General Assembly 

addresses, nine copies of the fraud commission as soon as 

■they are delivered to him by the binder. 

This resolution shall be in force from and after its passage. } vl ?en resolution 

L O to TAkG OIlGct 

Ratified the 12th day of February, A. D. 1872. 



RESOLUTION IN FAVOR OF EDWARD S. BADGER. 

Resolvedly the general assembly of North Carolina, That compensation 

A1 ,,. / , , , . , , . ' ., f or E. S. Badger. 

^ne public treasurer be and he is hereby authorized and 



414 



1871-72.— Resolutions. 



directed to pay to Edward S. Badger, the sum ot twenty- 
five dollars tor clerical services rendered the board of mana- 
gers in the impeachment trial of Governor Ilolden. 
Ratified the 12th day of February, A. D. 1872. 



RESOLUTION IN FAVOK OF ALBERT B. WILLIAMS AND ROBERT 

HENLY. 



Compensation 



When resolution 
to be in force. 



Resolvedly the house of representatives, the senate con- 
curring, That the treasurer be and he is hereby directed to- 
pay ten dollars to Albert B. "Williams and ten dollars to- 
Robert Ilenly for ten days services done during recess. 

This resolution shall be in force from its ratification. 

Ratified the 12th day of February, A. D. 1S72. 



RESOLUTION ALLOWING THE ENROLLING AND ENGROSSING CLERKS 
THE SAME PER DIEM AS RECEIVED BY THE PRINCIPAL AND 
ASSISTANT CLERKS. 



Clerks of GeLeijkl 
Assembly to ie- 
ceive coiupersa- 
tion alike. 



1st. Resolved hy the general assembly of North Carolina. 
That the enrolling clerk and the engrossing clerks be al- 
lowed, for the present session of the general assembly, the 
same/"-/' diem compensation that is allowed by law to the 
principal and assistant clerks of the senate and house of 
representatives. 

2d. This resolution shall take effect from its ratification. 

Ratified the 12th day of February, A. D. 1ST2. 



1871-72.— Resolutions. 415 



RESOLUTION AUTHORIZING SETTLEMENT OF TIIE ACCOUNTS OF B. 
S. BECHANAN AND SURETIES WITH THE STATE. 

Resolved by the general assembly of North Carolina, Setucmc^it of ^ 
That the public treasurer be authorized, with the advice and 
consent of the attorney general and the solicitor for the sixth 
district, to make such settlement or compromise of all dues 
to the state from E. S. Euchanan, late sheriff of Jackson 
county, and his securities, or any of them as they in their 
discretion may think proper. 

Ratified the 12th day of February, A. D. 1S72. 



x;:-:-< 'LCTION AUTHORIZING THE TREASURER AND ATTORNEY 
GENERAL TO EMPLOY AID. 

Resolved, That the state treasurer and attorney general 
are hereby authorized to employ such aid as they may find 
necessarv to execute and carry out the act of the general 
assembly passed at this session proposing an exchange of 
the state stocks for a part of the state debt. 

Ratified the 12th day of February, A. D. 1872. 



Efc^Ol.UTION EN FAVOR OF JAMES U. ENMs. 

Resolved by the senate, the house of representative* con- compensatiou 
curring, That the treasurer is hereby directed to pay Jas. forJ - H - Em-*. 
II. Ennis the sum of ten dollars and twenty cents for sta- 
tionery purchased tor the use of the seuate. 

Ratified the 12th day of February, A. L). 1872.J 



410 



1871-72.— Resolutions. 



RESOLUTION TO RAISE A COMMISSION TO EXAMINE INTO THE 
ACCOUNTS OF THE rUBLIC TREASURER. 

Commissioners liesolved hy the genernl assembly of North Carolina, That 

appointed to ex- ... 

amine Treasurer's a commission, to consist of two senators and throe members 
of the house of representatives, be appointed to perform 
the duties enjoined by sections seven t} T -seven and seventy- 
eight and seventy-nine, chapter two hundred and seventy 
of the public acts of one thousand eight hundred and sixty- 
eight and one thousand eight hundred and sixty-nine, 
ratified April twelfth, one thousand eight hundred and sixty- 
nine. 

Ratified the 12th day of February, A. D. 1872. 



Instructions to 
Keeper of Capitol 
for repairing 
Capitol. 



RESOLUTION IN REGARD TO THE CAPITOL. 

liesolved, That the keeper of the capitol be and he is 
hereby instructed under the direction of his excellency, the 
governor, to have the necessary repairs made" upon the roof, 
plastering and lightning rods of the capitol, and that the 
expenses therefor be paid upon the warrant of the governor 
to a sum not exceeding five hundred dollars. 

Ratified the 12th day of February, A. D. 1872. 



RESOLUTION RELATIVE TO THE CHEROKEE INDIANS OF NORTH 

CAROLINA. 



Preamble- "Whereas, On the twenty-ninth of December, one thus- 

sand eight hundred and thirty-five, a treaty was concluded 
and ratified May twenty-third, one thousand eight hundred 
and thirty-six, between the United States of America and the 



1871-'72.— Resolutions. 417 

chiefs, headmen and people of the Cherokee tribe oi Indians, 
and by the first and second articles of said treaty the Chero- 
kee nation ceded and conveyed to the United States all the Lauds ceded by 
lands owned, claimed or possessed by them east of the Missis- tribe to the Uni- 
sippi river, for which the United States conveyed tD them lands west of the 
seven millions of acres west of the Mississippi, and after- x 1S818S1 Pi n - 
wards the lands conveyed to the Cherokees was thought 
insufficient, and the United States sold to the Cherokees 
eight hundred thousand acres of land which was and is 
known as the neutral land, for which the United States 
retained one halt million of dollars out of the five millions 
which was to be paid to the Cherokees in addition to seven 
million acres of land : and whereas, a part of the twelfth 
section of said treaty of one thousand eight hundred and 
thirty-five and one thousand eight hundred and thirty-six, is 
in the following words: "Act twelve. Those individuals 
and families of the Cherokee nation that are averse to a 
removal to the Cherokee country west of the Mississippi 
and are desirous to become citizens of the state where Cherokees re- 

,.r> -. ,. maining in the 

they reside, and such as are qualified to take care of them- state are entitled 

. , . l 11 i ,.,i i , ,, . to due proportion 

selves and their property, shall be entitled to secure their f ail property 

due portion of all the personal benefits accruing under this tribe. edt ° the 
treaty for their claims, improvements and per capita • and 
whereas, by another treaty between the United States and Preamble, 
the Cherokee Indians proclaimed August the eleventh, one 
thousand eight hundred and sixty-six, of which part of arti- 
cle seventeen is in the following words : "The Cherokee 2d Treaty with 

° , Tribe. 

nation hereby cedes in trust to the United States the tract 
of land in the state of Kansas which was sold to the Chero- 
kees by the United States under the provision of the 
second article of the treaty of one thousand eight hundred 
and thirty-five ; and also a strip of the land ceded to the 
nation by the fourth article of said treaty, which is included ^d to^he 
in the state of Kansas, and the Cherokees consent that United states, 
said lands may be included in the limits and jurisdiction of 
said state:" and vjhereas, the last named lands so ceded to Preamble, 
the United States are the very lands which were purchased 
with the common funds of all the Cherokees, those who 
27 



418 



1871-72. — Resolutions. 



Preamble - 



Money due <.;her-[j 
<okee nation 



Money to be re- 
covered for Cher- 
okee citizens of 
North Carolina 
from the United 
States 



Copies of resolu- 
tions to be sent to 
Congress. 



remained east as well as those who remained west of the 
Mississippi: and whereas, a considerable number of persons- 
who were a part of the Cherokee nation remained in North 
Carolins, who became and who are now citizens of North 
Carolina, as under the twelfth section of the said treaty of 
one thousand eight hundred and thirty-five and one thousand 
eight hundred and thirty-six, they had a right to do without 
losing any title or right in the property acquired by the 
Cherokee nation under said treaty ; and w/iereas, a treaty is 
now pending before the honorable senate of the United 
States in relation to the proceeds of the land so sold to the 
United States under the treaty of one thousand eight hun- 
dred and sixty-six, and for other money claims ot the 
Cherokees against the claims of the United States : 

1st. Be 'd therefore resolved, That our senators and repre- 
sentatives in congress be requested to use their influence in 
obtaining for said Cherokees now citizens of North Carolina, 
their pro rata share ot the moneys arising from the sale of 
the land so sold under the treaty of one thousand eight hun- 
dred and sixty-six, and also their 2^0 rata share of all other 
moneys due them under the several treaties made between 
the United States and the Cherokees. 

2d. And he it further resolved, That his excellency, the 
governor, transmit to each of our senators and representa- 
tives in congress a copy ot these resolutions. 

Ratified the 8th day of February, A. D. 1872. 



BESOLUTION IN REFERENCE TO PRIN1ING TUB CONSTITUTION AS 
AS IT WILL STAND WHEN AMENDED ACCORDING TO THE ACT 
RECENTLY PASSED. 



Committee ap- Resolved by the senate, the house of representatives eon- 

pare forpubica- cur ring, That a joint select committee of two from the sen- 

tfce constitution ate and three Irom the house be appointed whose duty it 

when amended, ^jj ^ e to p re p are f or publication a copy ef the constitution 



1871-'72.— Resolutions. 419 

as it will stand when amended according to the act for that 
purpose recently passed, and said committee shall so arrange 
this copy that all new provisions, phrases and words shall 
appear in their proper places in italics, and all provisions 
stricken out shall in like manner appear adjoining their 
former places in the constitution in italics and in brackets. 

Resolved farther, That twenty-four copies of the consti- Copies printed 

J ' j i f or members 

tution thus prepared be printed tor each member ot the General Assembly 
general assembly. 

Ratified the 8th day of February, A. D. 1872. 



RESOLUTION OF REQUEST TO MEMBERS IN CONGRESS. 

Whereas, The educational condition of the southern preamble. 
states is tar below that of the states in the north, and owing 
to the poverty of the southern states from the late war, 
therefore, 

Section 1. Be it resolved ly the general assembly of North congress re- 
Carolina, That our senators and representatives in the con- ^fnies f or educa- 
gress of the United States be respectfully requested to use tl0n * 
their influence in urging the passage of some measure which 
will donate all moneys arising from the sales of public lands 
to the educational puposes in these southern states. 

Sec. 2. Resolved further, That the secretary of state be Copies of resoiu- 

• J ' J tions to be for- 

requested and directed to forward copies of these resolutions warded to Con- 
to each of our senators and representatives now in congress 
assembled. 

Ratified the 8th day of February, A. D. 1872. 



420 



1871-72.— Resolutions. 



RESOLUTION IN RELATION TO THE SALE OK THE EASTERN 
DIVISION OF THE WESTERN NORTH CAROLINA RAILROAD. 



Preamble. 



Investigation of 
sale of Raiiroad. 



Suit may be 
brought to pro- 
tect State interest. 



When resolution 
to be in force. 



Whereas, A sale ot the Eastern Division of the Western 
North Carolina Railroad is reported to have been recently 
made under executions upon judgment against said railroad 
company at which said sale a very inadequate sum was bid, 
and the same was sold therefor, whereby the interests of the 
state in said road were sacrificed. Therefore, in order that 
the interests of the state may be protected : 

Section 1. Tlie general assembly of North Carolina do 
resolve, That the governor and attorney general are hereby 
instructed forthwith to investigate and inquire into the regu- 
larity ot any sale or sales of said road made or pretended 
to be made, and it in their judgment the same is found to 
have been irregularly, illegally or iraudulently made or for 
the purpose of benefitting any party or parties to the detri- 
ment of the state's interest therein, they are hereby author- 
ized and instructed to institute a suit or suits or to take such 
other step or steps as they may deem advisable and neces- 
sary to set aside said sale and protect the interests of the 
state in said sale. 

Sec. 2. This resolution shall be in force from its ratifi- 
cation. 

Ratified the 10th day of February, A. D. 1872. 



RESOLUTION FOR THE RELIEF OF B. MAYFIELD, CITIZEN OF 
CHEROKEE COUNTY. 



Preamble. Whereas, Judgment was entered against B. Mayfield, 

citizen of Cherokee county, on his bond as security for the 
appearance of one Joshua Holcombe in the superior court 

of the county of Cherokee, term, one thousand eight 

hundred and , for failing to secure the appearance 



1871-72.— Kesolutions. 421 

of the said Holcombe in said court, fall term, one thousand 
eight hundred and sixty-seven, and whereas, by petition of 
a large and respectable number ol the citizens of the county 
Cherokee, it is shown that it was impossible to secure the 
appearance of the said Holcombe in said court by reason of 
the severe illness of the said Holcombe ; and whereas, it is 
further shown by this petition that said judgment against 
the said B. Mayfield was not entered until after the death of 
said Holcombe, therefore 

The General Assemlhj of Xortli Carolina do resolve, That }{ a e t J^ n { rom 
B. Mayfield, citizen of Cherokee county, be and he is hereby 
fully and effectually released and discharged from the judg- 
ment and costs obtained against him in the superior court of 

Cherokee county, term, one thousand eight hundred 

and , tor tailing to secure the appearance of Joshua 

Holcombe in said court of Cherokee county, fall term, one 
thousand eight hundred and sixty-seven. 

Katified the 12th day of February, A. D. 1872. 



STATE OF NORTH CAROLINA, 

Office Secretary of State, 

Raleigh, Feb. 29th, 1872. 

I, Henry J. Menninger, Secretary of State, hereby 
certify that the foregoing are true copies of the original 
public acts and resolutions on file in this office. 

HENRY J. MENNINGER, 

Secretary of State. 



INDEX 



TO THE 



PUBLIC LAWS AND liESOLUTIONS 

OF THE 

GENERAL ASSEMBLY OF NORTH CAROLINA, 

PASSED AT ITS 

SESSION 1871-72 



INDEX 

TO THE 



PUBLIC LAWS. 



A 



ACTIONS : 

Attorney General to bring suit, 

Suit against joint contractors, 

Service of process, 

When parties out of county, testimony, date, limit, 

Depositions in civil actioiih, 

" Act to prescribe the practice and procedure in actions by credi- 
tors of deceased persons against their personal representatives," 

Personal relatives to account for administration, 

Creditors, advertisement, claims filed, 

List of demands to be filed, deputation of claims, 

Duty of clerk, appearances, clerk to account, report, 

Appeals, papers tiled, executions, assets, 

Assets and judgments, 

Form of execution, report of assets, affidavits filed, summons, 

Proceedings, how directed, application, regulations, 
ALAMANCE: 

Time of holding courts changed, 

Albemarle Swamp Land Company, 
ALLEGHANY: 

Certain portions of Ashe annexed to Alleghany, 

Commissioners to levy special tax, voters to ratify, 

Acts of court legalized, 
AMENDMENTS : 

Charter Raleigh and Gaston Railroad amended, 

Chapter 161, concerning courts in New Hanover county, 

Law of evidence, 

" Act to amend section 1, chapter 273, laws of 1 868-' 69, entitled -Jn 
act to provide for holding special terms of the superior court," 

Chapter -12, laws 1870-'71, relating to suspension of Code of Civil 
Procedure in certain cases, 

"Act to amend chapter 35, section 4, Revised Code, in relation to 
fugitives from justice," 



Page. 

9 Index to prtblic 
29 laws. 

100 
107 

107 



375 
375 
370 
377 
378 
379 
380 
3S1 
382 

5 

273 

150 
101 

7S 

2 
4 
4 

ID 



::. 



424 1871-72.— Index to Pcblic Laws. 

Page, 



AMENDMENTS— (Continued.) 
j mJ ,. t ^ Act to amend an act of proceedings in criminal cases, laws of 

188S-'69," 41 

" Act to amend section 32, chapter 35, Revised Code," 43 

" Act to amend section 15, chapter 20, laws of special session 1808," 

relating to time of qualification of county commissioners, 49 

Act to amend sec; ion 478, chapter 11, Code of Civil Procedure, 
relating to account of executors, administrators, collector* and 
guardians, Ji 

Act to amend an act to incorporate the Greenville and French 

Broad Railroad Company, 53 

41 Act to restore and reinstate records of the several courts in the 

state destroyed during the late war," 112 

Act to amend an act authorizing the commissioners of Bertie 

county to issue bonds, 11!' 

Act to amend chapter 1, title 11, Code of Civil Procedure, 121 

Act to amend section 8, chapter 44, Revised Code, entitled law of 

evidence, 411 

Chapter 233, laws 1870-'71, regulating appointment of guardian, 146 
Section 7, chapter 237, laws of 1868-'09, proviso added, 153 

" Act to amend section 7, chapter 237, laws of 1868-'o9, entitled 
an act to establish the days and places for selling real property 
under execution and for other purposes," 152 

Act to amend chapter S5, Revised Code, relating to pilots, 103 

"Act to amend an act entitled an act to pay the expenses of idiots 
., and lunatics, incurred by counties in certahVcases, ratifled March 

28, 1870," 
Claims of lunatics, affidavit of physieian approved by board of 

trustees, discharge of lunatics, 184 

S'-ction 7, chapter 129, laws 18(39-'70, 243 

Supplemental to act to raise revenue, . 24* 

'•Act to amend an act entitled an act to authorize Albemarle 

Swamp Land Company to construct a railroad," 253 

Section 2, chapter 68, laws of 1868-'C9, authorizing commissioners 

of Camden county to levy a special tax, 25t5 

" Act to amend section 131, Code of Civil Procedure," 2«1 

" Act to amend sections 11 and 13, chapter 189, laws of 1S70- , 71," 

relating to fees of superior cou t clerk," 305 

"Act to amend chapter 2(32, laws of 1870-'71, relative to obstruc- 
tion in Pedei-, Yadkin and Uwharrie rivers, "' 307' 
" Act to amend chapter 137, laws of 15;9-'70, entitled an act to 

provide draining wet lands." 392 

Act to amend chapter 10, section 1 of the Revised Code concerning 

auction and auctioneers in Washington eounty, 336 

Act to amend section 419. ehapter 1, title 19, Code of Civil Pro- 
cedure, relating to Probate Courts, 345 
'•Act to amend subdivision 2, section 31, ehapter 3, title 4 of the 

Code of Civil Procedure," 370 

" Act to amend the charter of the Jamesville and Washington Rail- 
road Company," 372 
Act to amend chapter 33, laws 1858-' 50, relating to oysters and clams, 383 



1871-72. — Index to Public Laws. 



±25 



Page. 

ANNEXATION— (See Counties.) 

ANSON : 

Commissioners to levy special tax, 

APPROPRIATIONS : 

Por Insane Asylum, 

For Deaf, Dumb aDd Blind Asylum, 
ARREARS OF TAXES— (See Taxes.) 

ASHE: 

" Act to incorporate and construct a public road from Jefferson, in 
Ashe county, to the mouth of Pheuix Creek," commissioners, 
dimensrons, oath, damages, 
Act relative to the construction of a road in Ashe county 
Public road established from Phillips' Gap to Hamilton's Mill;, 
ASHEVILLE AND VIRGINIA RAILROAD COMPANY, 

ASYLUMS : 

" Act supplementary to an act in relation to the Lunatic Asylum," 
Insane supported in asylums of other States, 
Examination by physicians, funds supplied, 
Proceedings, report of Clerk to Judge S. C, removal, 
"Act for ths support of the Insane Asylum of North Caro'ina, 
for the year endiug December 31st, one thousand eight hundred 
and seventy-two." Board of Directors to draw amount, 
Actmaking an appropriation for the Deaf, Dumb and Blind Asylum, 149 
Treasurer to receive funds, 150 

" Act to change the time of the annual meeting of the Bourd of 

Directors of the Insane Asylum," 
" Act concerning insane convicts," 
ATLANTIC, TENNESSEE & OHIO RAILROAD CO., 

ATTORNEY GENERAL: 

To discharge duties of Supreme Court Reporter, 

AUCTIONEERS: 

Act to amend chapter lO, section 1, of the Revised Code, concern 
ing auctions and auctioneers in Washington county, 

AUDITOR : 

To furnish tax lists, 

To make certified copies of bouds, 



120 IndeK *o public 
laws 

108 
149 



244 
219 
'^(50 

27 

49 
50 
50 
50 



108 



247 
390 
101 

100 

336 

73 
101 



B 



BATTLE, 

W. H., appointed Commissioner to compile laws, 373 

BERTIE : 

Act amendatory of an act authorizing the Commissions of, to issue 

bonds, 119 

Beech Swamp & Scotland Neck Railroad, 288 

BONDS : 

The followirg counties authorized to issue bonds : 
Bertie, 120 



420 1871-'72. — Index to Pubclic Laws. 

BONDS-(Coxtini:bj>.) 

Index to public Brunswick, 132 

laws - Cleveland, 47 

Lincoln, 48 

Montgomery, 231 

Perquimans, 7 

Stokes, 117 

Act exchanging the stocks of the State for bond6, with which such 

stocks were obtained, and for other purposes, 142 

Public advertisement of sale of stocks — proviso, 142 

Surrender of bonds, relinquishment of stock, 143 

Directors, cancellation of bonds, 144 

Duty of Treasurer and Auditor, 144 

Border Railroad Company, 21 

BRIDGES : 

Petersburg Railroad Company authorized to cor struct, where — 

kind of structure, 6 

Other Railroad Companies may use aftul pay compensation, C 

BRUNSWICK: 

Commissioners authorized to issue bonds, 132 

BREVARD & "VVANESVILLE T URN PIKE CO , 139 

BRYAN KELLUM: 

Act for relief of, 131. 

BURKE : 

Commissioners of Burke and McDowell counties authorized to con- 
solidate the debts of their respective counties, 136 

Act to lay ofl' and construct a public highway in Burke and Mitchell 
counties, 101' 

BUNCOMBE : 

Act to construct and establish a turnpike road from Catawba Vale, 
in the county of McDowell, to Fair View, in the county of Bun- 
combe, 220 

c 

CALDWELL: 

Act to prohibit sale of spirituous liquors within one mile of Leuoir, 169 

CAMDEN : 

Act establishing a Turnpike, 79 

Special Tax authorized, 154 

Section 2, chapter 66, laws l86S-'69, authorizing special tax, 
amended, 256 

CANALS : 

"Act to re-euact an act entitled an act to incorporate the Ora- 

peake Canal and Turnpike Company," 162 

Directors, sweat ditch, dimensions, 162 



1871-72. — Index to Public Laws. 



427 



Pags- 



CANALS— (Continued ) 

" Act to amend and re-enact an act to incorporate the Flat °wamp, 

Lock's Creek and Evans 1 Creek Canal Company of Cumberland 

county," 
Corporators, name, rights, drainage, 

Shares, lands, votes, sums levied, assessment, officers, ek-ctious, 
Treasurer to give bond, company may issue bonds, eecurifcy, 
" Act to incorporate the New River Canal Company," 
f orporators, powers, privileges, capital stock, 
Directors, duties, construction, location, toll, &c, 
Privileges to use and cross certain water courses locks and dams, 

right to pass through lands, 
Condemnation, funds, bonds, 

"Act to incorpora e the Newbern and Beaufort Canal Company," 
Corporators, name, existence, privileges, capital stock, 
Subscriptions, meetings, officers, stocks, 
Moneys, notification, assessment, suits, subscription in lands, 
Bonds, mortgage, exemption, deeds of release, vessels, 
Rivers and creeks, tolls and freights, misdemeanor, 
Lands condemned, 

CARTERET : 

Act relating to obstructions in Newport river in Carteret county, 
Carolina Narrow Guage Railroad Company, 

CEMETERIES : 

United States authorized to purchase lands for purpose of National 

Cemetery, 
Charlotte and Tajlorsville Railroad Company, 
Chatham Railroad Company, 

CHEROKEE : 

" Act to change the line between Cherokee and Swain," 



Index to public 
laws. 



171 
171 
172 
17:: 
237 
237 
238 

23; v 
240 



273 
27* 
27i> 
275 
270 

221 
173 



2S4 
44 
11 

84) 
138 



CHOWAN : 

Act relating to Commissioners, 

CHURCHES : 

Sale of spirituous liquors within one and a half miles of St. Paul's 
Church, in Robeson, forbidden, 170 

Commissioners of Franklin county authorized to convey certain 
land* to the Trustees of Trinity Church, 243 

CITIES, TOWNS AND VILLAGES: 

" Act to regulate the time of holding the municipal elections in the 

town of Pa- etteville," 
Officers to hold over, 
City of Wilmington to issue bonds, 
Bonds signed by Mayor, amount, proceeds, how applied, 
•'Act to prohibit the sale of spirituous liquors within one mile of 

the town of Lenoir, Caldwell county," 
Robbinsville, county seat of Graham, 
PolliDg place in each ward, 



21 
21 
32 
33 

16i> 
208 
292 



428 1871-'72. -Index to Pubeic Laws. 

Page. 
CITIES, TOWNS AND VILLAGES— (Continued.) 
lades to public Act to give the chief officers of the cities and towns the criminal 

iurisdietion of Justices of the Peace; criminal jurisdiction of 

officers of cities, misdemeanor, 344 

"Act in relation to Moore and Nash squares, in the city of Raleigh," 369 

Commissioners empowered to grade and improve, etc., 369 

Authority to improve other vacant lots, 369 
CLAY : 

"Act concerning the annexation of a portion of Macon to the 

couuty of Clay," 151 

Act supplementary, 258 
Act for th« relief of such persons as have suffered from loss of 

records in Clay county, 51 

CLEAVELAND : 

Special tax authorized, 47 

CLERKS : 

Secretary of State to furnish copy to clerk, 6 

Clerk to Board of Commissioners to keep book, 7 

Clerk to transfer suits to trial docket, 36 

Clerk to give not'ee, 38 

Penalty for def ault, 65 

Clerk to furnish sheriff with names of executors, &c, 93 

Clerk to certify, 107 

Assistant clerks forbid practicing in the courts, penalty, 164 

Clerk of Superior Court to have office open every Monday, 185 

Ac: relating to fees of Superior Court Clerk, 224 

Supreme Court Clerk to have charge of library, 257 

Clerk failing fo deliver copies of journals to printer, 283 

Fees, 305 

CODE OF CIVIL PROCEDURE : 

" Act to amend sec. 303, of the Code of Civil Procedure,"' 36 
Order of appeals, amount of surety; where deposited, 36 
Act to amend chapter 11, Code of Civil Procedure, 52 
" Act to amend the Code of Civil Procedure," 121 
Judgments, dockets, executions — how issued ; duty of clerk, 121 
Executions valid and binding, 123 
Amercement of Sheriff, 122 
Section 131, Code of Civil Procedure, amended, relating to mis- 
takes in pleadings, etc , 261 
Amendment of sec. 419, chap. 1, title 19, re'ating to Probate Judge, 345 
Subdivision 2, section 31, title 4, Code of Civil Procedure amended, 
relating to sealed instruments, not being negotiable against prin- 
cipals, 370 

COLLECTORS— (See Sheriffs and Tax Collectors.) 

COMMISSION : 

Report to Governor within thirty days, 8 

Contractors, delinquent commissioners, misdemeanor, 9 

" Act to create a Special Commission," 373 

Penitentiary, work examined, suits, tools, contracts, 374 




1871-72. — Index to Public Laws. 

Pagk. 
CONGRESSIONAL DISTRICTS: 

" Act to divide North Carolina into eight congressional districts," Captious pnlWic; 

Representation, first, second, third and fourth, 259 awa - 

Fifth, sixth, seventh and eighth, 260 

CONSOLIDATION— (See Railroads.) 

CONSTITUTION: 

"Act to alter the Constitution of North Carolina," SI 
State debt, sessions, census, compensation, term of office, Superin- 
tendent of Public Works, 81 
Code Commissioners, courts, justices, supreme court, judicial 

districts, 82 

Jurisdiction of courts, judicial officers and clerks, vacancies, S3 

Tax, county authorities, subdivisions, townships, S4 
Public Schools, University of North Carolina, ineligibility to office, 85 

Officers, to remain in office, sections numbered, 86 

Publication provided for, 90 

CONTESTED ELECTIONS— (See Elections.) 

CONTRACTS : 

" Act concerning joint contracts," 29 

CONVICTS— (See Penitentiakt.) 

CORPORATIONS: 

" Act to enable any persons not less than three to become incorpo- 
rated and to regulate such and other corporations," 

Private corporations, qualifications, 347 

Religious corporators, books of subscription, capital stock, 34S 

Publication of meeting of subscribers, who are to elect officers, 349 

Ten per cent, of capital stock required to be paid in, 341) 

Hoav incorporation completed. 349 

Fees of clerk and power of corporation, 350 

Enforcement of unpaid subscriptions, 351 

Registration, w hat certificates of stock shall set forth, 351 

Misdemeanor, assignment of certificates of stock, 352 

Renewal of certificates, list of stockholders, 353 

Stockholders individually liable, 353 

Enforcement of liabilities, 354 

Actions against corporation, 355 
Contracts over one hundred dollars and less than one hundred 

dollars, 35(5 
Not to issue bills, Ac., nor to hold over three hundred acres of 

land, 357 

When land to be forfeited to the state, 358 

Grand jury, how lands sold, 358 

Dissolution, abuse of power, summons, 850 

Consequences of dissolution, increase of capital stock, 360 

Insurance companies, examiner of insane appointed, 361 

Officers of corporation to exhibit their books to the examiner, 86] 

Penalty, tax, 362 



430 18Tl-'72.— Index to Pubekj Laws. 

Page. 
COUNTIES: 

Index to public " Act to empower the commissioners of Kandolph an J Davidson 

law*, to establish the dividing line," 10* 

Commissioners of Hertford to levy special tax, 28 

" Act to change the line between the counties of Mitchell and 

Yancey," 41 

" Act to legalize the acts of the county courts of Alleghany, and 

other counties in the State, held in the months tf Aj>ril, May and 

June, 1868," 78- 

" Act to establish and lay out a turnpike in the counties of < ';inidui 

and Currituck," T9 

" Act authorizing commissioners of Robeson county to adjust the 

debt of said county." 86 

" Act to provide for the laying oil" and corstruclion of a public 

highway in the counties of Burke and Mitchell," 109 

Commissioners, location of road, report to county commissioners, 109 
Work on road, proviso, time, report of work, penalty, 110 

Overseers, special tax, contracts, compensation, 110 

Damages, proviso, 112- 

Nash county to levy special tax, time extended, US 

Commissioners of Stokes county to issue bonds, 117 

" Act to create a finance committee in the several counties of the 

State," 118 

" Act author' zing commissioners of Bertie county to issue bonds," 

amended, 120 

Speeial tax in Anson county authorized, 120 

Act to establish a county by the name of Graham, 127 

"Act to change Sampson county from the 4th to the 5th Judicial 

District," J29 

" Act in relation to vacant lands in Macon and other counties," 130 

" Act to authorize the commissioners of Brunswick county to issue 

bonds," 1353 

" Act to revive an act passed at the session of 1860-'61 to establish 

the line between the counties of Wayne and Greene," 134 

Commissioners to consolidate the debt of McDowell and Burke 

respectively, 136- 

Act in relation to commissioners of Stokes, Rockingham and 

Chowan, 135 

"Act concerning the annexation of a portion of Macon county to 

the county of Clay," 151 

For counties authorized to issue bonds. (She Bonds.) 
For counties authorized to levy special taxes. (See Taxes.) 
For powers conferred on County Commissioners. (Seb Countt 

Commissioners.) 
" Act'for the relief of the tax payers of Madison county," 155 

"Act to change the line between the counties of Ashe and Alle- 
ghany, 156 
"Act to authorize E. C. Grier, late Sheriff of Meckleuburg county, 

to collect arrears of taxes," 167 

" Act to authorize commissioners to levy a special tax," 168- 






1871-72. —Index to Public Laws. 



431 



Page. 
COUNTIES— (.Continued ) 

" Act to lay off and establish a new county by the name of Pam- 
lico," 180 
Commissioners of Cumberland to levy special tax, 185 
Part of New Hanover county annexed to Sampson county, 222 
Commissioners of Montgomery to levy special tax and issue bonds, 231 
"Act to legalize the acts of certain county officers in Macon and 

Jackson counties, pending the organization of Swain county,'' 242 
"Act supplemental to an act entitled an act to annex a portion of 

Macon to Clay county,*' 258 

Act to construct public road in Ashe county, 260 
" Act supplemental to an act passed at the present session of the 
General As.- cmbly, entitled an act to lay off and establish a new 

county by the name of Graham," 2G4 

Rights, surveyor, boundary, elections, 264 

Township, term of office, notice by sheriff of Cherokee, 26 

Commissioners, duty of sheriff, meeting, certificates, 265 

Where commissioners to meet, oath, rights and privileges, 266 

Holding courts, bonds, failure to file bond, 266 

Civil eases transferred, prisoners, term of court, 267 

Presiding judge, commissioners to choose site, etc., 267 

Place of meeting, location, conveyance of land, town, 268 

Lots, bonds and security, school fund, representation, 269 

Excel) tions, sheriff of Cherokee to act, list of claims, 269 

Commissioners to ascertain indebtedness, 269 

Proportion of debts, 270 
"Act supplemental, to an act to lay off and establish the new 

county of Pamlico," 

Rights, privileges, commissioners, boundary, 285 

Report, surveyor, townships, county officers, elections, 286 

Returns, etc., 286 

Proclamation, voters to ratify, officers, location of site, courthouse, 287 

Jail, lots, taxes, contracts, 287 

Taxes, conference, pnblic dsbt, proviso, 288 

Jurisdiction, superior court, proviso, elections, 289 

Act relating to obstructions in Uwharrie river in Randolph county, 290 
"Act to authorize R. P. Trogden, the present sheriff of Randolph 

county, to coliect arrears of taxes," o21 

COUNTY COMMISSIONERS : 

" Act to authorize the county commissioners of Hertford county 

t j levy and collect special tax," 28 
Commissioners of Macon county authorized to establish a toll- 
gate, 40 
Settlements adjusted by county commissioners, 75 
*' Act to validate the revival of jury lists and for other purposes," 77 
Commissioners may revise, revision valid, proviso, 77 
Manner of drawing jurors not changed, 77 
" Act authorizing the commissioners of Robeson county to adjust 
the debt of said county," 86 



Index to public 
laws. 



432 1871-'72.— Index to Public Laws. 

„ Page. 

COUNTY COMMISSIONERS— (i asTXHVSD.) 

" Act to authorize the county commissioners of Nash county to 

levy a special tax, 113 
"Act to authorize the commissioners of Stokes county to issue 

bonds," 117 

Debt of county, payment, chairman and clerk, redemption, 117 

Security for treasurer, tax, 118 
"Act authorizing commissioners of Bertie to issue bonds amended," 120 
" Act to authorize the commissioners of Brunswick county to issue 

bonds," 133 
" Act to enable the commissioners of Burke and McDowell counties 

to consolidate the debts of t ;eir respective counties," 136 
"Act in relation to Stokes, Rockingham and Chowan county corn- 
mis iioners," 13S 
Commissioners of Watauga, to levy special tax, 153 
Commissioners of Camden, to levy special tax, 154 
Commissioners of Alleghany, to levy special tax, 161 
" Act to authorize commissioners of Onslow to levy a special tax," 16S 
"Act to empower the commissioners of Cumberland county to 

levy a special tax, 185 
"Act to authorize the commissioners for the county of Franklin 

to convey to the trustees of Trinity church certain lands, 243 
Powers of commissioners under chapter 172, 261 
Powers of commissioners of Cherokee to make arrangements, 265 
Powers of commissioners to meet and announce result, 265 
Powers of commissioners appointed to select site, 267 
Powers of commissioners of Pamlico to levy tax, 287 
To provide registration books, when 293 
To furnish list of judges to sheriff, 295 
Commissioners of Raleigh authorized to improve vacant lots, 369 
" Act to allow the commissioners of Warren county to levy a spe- 
cial tax," 369 

COURTS : 

"Act concerning jurisdiction of the superior courts," 
Relief in vacation, no objection when decree made in term time, 3 
"Act to amend an act entitled an act to change the time of hold- 
ing the superior court of New Hanover county," 4 
January term each year to hold four weeks, repeal, 5 
"Act to change the time for holding the superior courts of Ala- 
mance county," 
Process when returnable, what terms not affected, 5 
Secretary State to furnish copies, repeal, 6 
Regular terms not to be interfered with, 19 
Treasurer to pay costs, 32 
" Act to allow transfer of certain causes pending in the late courts 

of equity in this state," 35 
Preamble, suits of petition transferable to superior court, 35 
" Act to change the time of holding the superior courts in the sev- 
eral counties composing the third judicial district," 37 
Terms, proceeding, returnable, when, noted by clerk, 38 



1871-72. — Index to Public Laws. 



433 



Page 

COURTS— (Continued .) 

"Act to provide for the service of process issuing from courts of 
justice of the peace, in civil causes where one or more of the 
defendants may reside out of the county in which the action is 
brought," 

Testimony of superior court clerk, entry, process, 

' Act to regulate the times of holding the terms of the superior 
courts in the eleventh and twelfth judicial districts," 

Counties, 11th and 12th districts, terms, 

Proceedings, when returnable, penalty, secretary of state to pub- 
lish, 

" Act to transfer certain cases left undisposed of by the late county 
courts," 

Proceedings returnable as fixed by this act, terms, 

"Act to change the tenth and eleventh judicial districts," 
CRAVEN: 

Felling of trees in the Upper Broad creek, 

CRIMES AND PUNISHMENTS : 

" Act to define and punish the crime of embezzlement," 

" Act to punish the obtaining of goods by false pretence," 
CUMBERLAND : 

" Act to prevent destruction of fish in Black river and Six Runs," 

Special tax authorized, 
CURRITUCK : 



Index to public 
laws. 



106 
107 

157 

157 

158 

249 
251 
254 

219 

233 
141 

241 
185 



Act to establish a turnpike, 



79 



D 



DAVIDSON : 

Act to empower the commissioners of Randolph and Davidson 
countieslo establish the dividing line, 10 

DAVIE : 

Act to make Dutchman creek a lawful fence to a certain extent in 
Davie county, 219 

DEEDS AND CONVEYANCES : 

Act concerning probate of deeds and the private examination of 
married women beyond the limits of the state of North Caro- 
lina, 1 
Act to cure certain defection in the probate of deeds, &c, 362 
DEER: 

"Act to prevent the reckless destruction of, 
Penalty, damages, exemptions, 115 



E 



EDUCATION: 

Board of Education to confirm and perfect the title of Bryan Kel- 
lum in fee simple to certain bpnds granted to him b^v the State, 



132 



43i 1871- , 72.— Index to Public Laws. 

Page. 
ELECTIONS : . 

Index to public Municipal elections in the town of Fayetteville, 21 
lavrs - Sheriff to hold elections, ' 4S 
"Act concerning the election and registration in the year A. D., 
1872." 
When held, officers, polling places, township, cities, 292 
Registration books supplied, 292 
Commissioners to supply books, registrar, voting, 2'.'3 
Books open for inspection, right to challenge, judges, poll books, £94 
Commissioners to furnish lists, oath, election day, judges to chal- 
lenge, 295 
Oath of person challenged, votes rejected, powers of registrars, 296 
Voting, books deposited, ballots, etc., boxes opened, 2'.iT 
Tickets void, returns, how made, delinquents, statement cf result, 

filed, 298 

Returns of Senatorial Districts, 399 

Penalty for failure, messenger, result, 80U 

Members of Congress, 300 

Failure, penalty, certificate, ::0o 

County officers, State officers, certificate, 301 

Delinquents, penalty, Seoretary of State to prepare forms, 303 

Defective returns, in case of tie, contested elections, 303 

Members of Congress, compensation, registrars, 304 

Penalty, fraudulent registration, 304 

False swearing, Secretary of State to furnish copies, repeal, 305 

ELIZABETH CITY & NORFOLK RAILROAD CO , 107 

EMBEZZLEMENT— (See Crimes and Punishment.) 

EVIDENCE: 

Act to amend the laws of evidence, 4 
Repeal of an act of March 28, 1870, law of evidence, relating to 

crime, re-enacted, 4 
Act to amend section 8, chapter 44, of the Revised Code, entitled 

evidence, 141 
EXAMINER: 

County Examiner, duty, 300 

Compensation, revocation, catalogue, 311 

Compensation, 320 
EXPRESS COMPANIES: 

" Act for the relief of Express Companies :" 

When articles rray be sold, proceeds, 380 

F 

FAYETTEVILLE— (See Cities and Towns.) 

FAYETTEVILLE <fe FLORENCE RAILROAD CO., 181 

FENCES. 

Act declaring Yadkin river a lawful fence, 136 



1871-72. — Index to Public Laws. 435 

Pace. 
FELLING TREES : 

Act to prevent the felling or cutting trees into the run of Upper Index to public 

Broad Creek, Craven county, 218 

Act making indictable the felling of trees into Neuse river, 34o 

FINANCE : 

Act to create a Finance Committee in the several counties of the 

State, 118 

Magistrates to elect Finance Committee, 118 

Power, misdemeanor, report, 119 

Oath, compensation, 119 

FISH AND FISHERIES : 

Act to prevent the destruction of fish in the waters of Black river 
and Six Run in the counties of New Hanover, Fampson, Cumber- 
land and Harnett, 241 
Misdemeanor and penalty, 241 
FRAUD : 

Act to prevent fraud in the sale of commercial manures, 366 

FUGITIVE-* FROM JUSTICE: 

Act concerning; Robeson county outlaws, 166 

G 

GOVERNOR : 

To offer additional rewards for Robes r >n county outlaws, 166 

Governor and supreme court judges made trustees of supreme 
court library, quorum, 257 

Governor, secretary of state and superintendent of public instruc- 
tion appointed trustees of the public libraries, 257 

To make proclamation, when, 287 

GRANTS : 

Secretary of state authorized to issue a patent to L. Cahoon, 116 

-GRAHAM: 

Act to est&lbish a new county by the name of Graham, 127 

Act supplementary to an act to lay off and establish the new 
county of Graham, 204 

GREENE : 

Act to revive an act passed at the session of 1860-'61, to establish 
the line between the counties of Wayne and Greene, 134 

Special tax authorized, Kjo 

GUARDIANS : 

Court may appoint ad litem, to tile answer, 147 

Greenville and French Broad Railroad Company, 5Ij 

Halifax and Scotland Neck Railroad Company, 270 

.HARNETT : 

"Act authorizing the construction of a toll bridge across the 

Cape Fear river at Lillington, Harnett county," 14'.) 

Act to prevent the destruction of tish in the waters of Black river 
and Six Runs, in Harnett county, 241 



436 1ST1 -72.— Index to Public Laws. 

Page, 
HENDERSON : 

Index to public Added to 11th judicial district,! 254 

,aWB " HERTFORD : 

Special tax authorized, 28- 

HIGHWAYS : 

Act to lay off and construct a public highway in Burke andjMitchell 

counties, 109 

Commissioner.", location, report of road committee, 1G& 

Duty of commissioners, overseers, labor, penalty, 110 

Tax contracts, subscription, compensation, 111 

Damages, 112 

HYDE : 

Act to prevent the catching of oysters in Far creek, county of 

Hyde, 157 

High Shoals Railroad Company, 151+ 



IDiOTS: 

A ct to pay the expenses of idiots and lunatics incurred by counties 
in certain cases, 104 

IMPROVEMENTS— (See Real Fropertt.] 

INSURANCE : 

Appointment of insurance examiner by secretary of state, 301 

IREDELL : 

Public road established from btatesville to Wilkesboro', 251 



JACKSON : 

Arrearages of taxes authorized to be collected, SU 

Acts of county officers legalized, 242 

JUDICIAL DISTRICT: 

"Act to change the time of holding the Superior Courts in the sev- 
er..l counties composing the 3rd Judicial District," 37 

"Act to change Sampson county from the 4th to the 5th Judicial 
District :" 
Change of district, process, &c, how returnable, 12& 

Act to regulate the times of holding the term* of the Superior 
Courts in the 11th and 12th Judicial Districts, 157 

JUDGES : 

"Act to empower the Superior Court Judges to appoint a commis- 
sioner in certain cases for the settlement of estates:" 
Settlement of estates, commissioner, 345 

Approval of Judge, record, 346 

JUSTICES OF THE PEACE : 

"Act to legalize the acts of the justices of Rowan county," 149- 



18T1'-T2. — Index to Public Laws. 



437 



K 



KELLUM, BRYAN; 

Act for the relief of, 



Page. 



131 Index to public- 
laws. 



LANDS : 

Act to provide for draining wet lauds, amended, 

LAWS: 

" Act to issue the early printing of the laws," 

Act to provide a compilation of the public statute6, 

Commissioner compilation, digest of laws, index, compensation, 

LENOIR : 

Sale of spirituous liquors forbidden within one mile, 

LIBRARIAN— (See Libraries.) 

LIBRARIES : 

" Act for the better regulation and protection of the Public Libra- 
ries :" 
Trustees Supreme Court Library, quorum, 
Supreme Court Clerk to have charge of library, pay, 
Appropriations, trustees of public libraries, 
Salary of Librarian, quorum, residue of moneys, 
LIBRARY— (See Libraries.) 
LOWER LITTLE RIVER— (See Navigation.) 

LUNATICS : 

Act to amend an act entitled " An act to pay the expen-es of idiots 
and lunatics incurred by counties in certain cases," 



322 

13 

373 
373 

169 



257 
257 
257 
258 



184 



M 



MACON : 

Acts of certain county officers legalized, 
Act annex ; ng a portion of Macon to Clay county, 
Act in relation to vacant lauds in Macon aud other counties.— (See 
Vacant Lands ) 

MADISON : 

Relief of tax-payers, 

MANDAMUS : 

"Act to regulate proceedings in Mandamus :" 
Application for writs made by summons and complaints, how sum- 
mons to issue when plaintiff seek* to enforce a money demand, 
How summons made returnable when relief is sought other than 
the enforcement of the payment of a noney demand, 



242 

151 



155 



123 



/ 



438 1871-72. — Index to Public Laws. 

PAGE. 

MANURES: 

Index to pubic Act to prevent fraud in the sale of commercial manures, 366 

aw6. Trade mark, with name and place of business, 360 

Damages, attachment, ingredients, 367 

Analysis by Geologist, tax, 867 

Suits, jury to ascertain damages, 368 

MARRIAGES: 

" Act concerning marriages, marriage settlements and the con- 
tracts of married women, 1 ' 32s 
Marriageable ages, marriages void, proviso, 388 
Valid marriages, pro\ iso, 328 
License, Register to sign license granted, 329 
Consent of parents, form of license, 329 
Penalty, form of certificate, 330 
License issued unlawfully, penalty, 331 
Marrying without license, register to record, :;:;L 
Penalty for failure, contracts void, exception, 882 
Husband not liable for debts of wife before marriage, 333 
Summons, judgment, husband discharged from defence, 333 
Consent of husband in writing, free trader, form, 334 
Registration, evidence, wife may cease to be free trader, 335 
Free trader wherein separate from husband, 335 
Abandonment, joint liabilities, leases when valid, 336 
Contracts, 336 

MARRIED WOMEN— (See Marriages ); 

Mcdowell : 

Commissioneis of Burke and McDowell counties authorized to 

consolidate their debts, 136 
Construction of turnpike from Marion to Burnsville, authorized, S7 

Construction of turnpike to Fair View, Buncombe county, 220 

MECKLENBURG: 

E. C. Grier authorized to collect arrears of taxes, 167 

MINES : 

" Act to promote the mining interests of the state," 245 

Conveyance of water, notices, 245 

Application, jurors, oath, appeal, rights, 246 

Registration, compensation, misdemeanor, penalty, 247 

MITCHELL : 

County line changed, 41 

" Act to lay of!" highway in Burke and Mitchell counties," 109 

MONTGOMERY : 

Act authorizing the commissioners of Montgomery county to levy" 

a special tax and to issu? bonds, 231 

N 



NASH : 

Commissioners authorized to levy a special tax, 113 



laws. 



1871-72. — Index to Prune Laws. ^BB 

Pass 

NAVIGATION AND PILOTAGE: 

"Act to create a board of Commissioners of Navigation for tlie Index fi« rml/K* 

ports of Ocracoke and Hattcras Inlet," 
Commissioners to meet tri-ennially, pilotage, 1S3 

Qualification of eommisssioncrs, pilots to give bonds, 183 

Act to authorize the Western Railroad Company to open to navi- 
gation the waters of Lower Little river and its tributaries, 13*5 

"Act to incorporate the Yadkin River Navigation Company," 
Capital stock, name, meetings, quorum, 328 

Treasurer, suits, steam vessels, improvements, 834 

Rights, boom, toll, rights of company, assessment, :J25 

Referees, duties, appeals, titles, :;26 

Report, privileges, compensation, appeal, ?,27 

NEW HANOVER: 

Act to annex a part of New Hanover county to Sampson county, 232 
Act to prevent the destruction of ILsh in the waters Of Black river 
and Six Rum, in New Hanover county, 241 

NEW RIVER CANAL COMPANY, act to incorporate. (See Canals ) 

Newbern and Beaufort Canal Company, 272 

North Western North Carolina Railroad Company, 53 — 89 

North Carolina Railroad Company, 21) 

NEWPORT RIVER. (See Rivehs and Creeks.; 
.NEUSE RIVER. (See Rivers and Creeks.) 

O 

OLD NECK FURNACE: 

Sale of spirituous liquors prohibited within two miles of, 163 

ONSLOW. 

Act in favor of H. Murreil, sheriff' of Onslow, 105 

Suspension of process for limited time, 100 

Special tax authorized, 1(58 

OUTLAWS. (See Fugitives from Jcsticb.) 
. OYSTERS AND TERRAPINS. 

"Act for the batter protection of oysters and terrapins in the 
waters of North Carolina," 
Selling during certain months, misdemeanor, 9go 

Penalty, unlawful traffic, repeal, penalties, proviso, \!'.il 

P 

'PAMLICO: 

Act to lay off ami establish a new'county by the name of Pamlico, 180 

Act supplemental to act to establish Pamlico county, :js;. 

'.' ax to supply deficiency, 261 

2 



I I *.- 



440 1871-'72. — Index Tb Public Laws. 

Page. 
PENITENTIAL : 

IWfeilo pal lusaue convicts to be sent to Asylum, proyiso, 375- 
Act for the better government of the Penitentiary aud lor other 

purposes, ( >' ; 
Suspension of work, inspection and condemnation of work not 

done according to contract, 004 
Bond of architect, former oontractors prohibited from resuming 

work, iiO-i 

Appropriation, convict labor, o65 

Directors prohibited from receiving wink under former contracts, 365 

Convicts to be farmed out, guard, 865 

Surplus of money, how applied, * ; 66 

Escaped convicts, o06 

PETERSBURG UAILRi >AD CO., 6 

PLANTERS' RAILROAD CO., 14 

PORTS — 'S£E Na\ IOA.1TUN AND PlI.OTACB.) 

Poor EOUSE: 

Act concerning the Pooi House of the county of SuiTy, i»5 

PRINTING : 

Act to insure the early printing of the laws, V-.< 

Act to provide for the publication of an act to alter the cbnstitufon 
of North Carolina, Ofr 

"Act to establish the rates of the public printing, and for other pur- 
poses :" 
Contract, price, bond and security, bills, disinterested printers to 

examine accounts, 281 

Accounts audited, violation, penalty, binding, 383 

Printing executed under chapter 70, Revised Code. 282 

Paper, Secretary of State, copies of laws, delivery. 382 

Journals, bouud copies to lie delivered, deduction, 2<3-'i 

Private Laws, failure to deliver and forfeiture, 283 

Distribution, 1283- 

PROBATE OF DEEDS: 

Act concerning the probate of deeds and the private examination 

of married women beyond the limits of North Carolina, 1 

Act requiring clerks of the Superior Courts to have their offices 
opened every Monday for the transaction of probate business, 1S5- 
PUNISHMENTS— (See Crimes \ni> Puni-timent. ) 

E 

RAILROADS: 

" Act to amend the charter of the Raltfgl] A Gaston Railroad Co ," % 

Elcctious, vacancies, quorum, repeal, 2" 

When amendment to take effect, i>- 

"'Act to authorize the Petersburg Railroad Company bo erect a 

bridge across Roauotce river," 

Provisions and condition?, 



lSn'-72. — Index m Public Laws. 441 

?AG". 

- lILKOADS— (Continued.) 

Length of road between bridge and Weldon, fnigbt, 7 Captious pi»J»:i* 
'Act concerning the Chatham Railroad, amendatory of certain act.--, lawa. 
and authorizing a change of name:" 11 
Line, extension, branches, privileges, stock dividends, 1 1 
Subscriptions and mortgages, W 
other road- connecting may subscribe, bond discharged, 12 
Repeal, 13 
"Act to consolidate the Planters' Railroad Company and tht- Wil- 
mington it Onslow Railroad Company," 14 
Name, rights, exemptions, powers and privileges, extension, '4 
Stock, Tiinit, subscriptions, term, bonds, 15 
Deeds of trust, interest, redemption, sinking fund, 1(> 
Telegraph line, 17 
"Act to incorporate the Border Railroad Company," 21 
Corporators, "1 
Name, stock, lights, by-laws, stock, how created, subscriptions, 22 
Directors, officers, construct road to Virginiabne, rights and powers, 23 
Contracts, limits, money and mortgages, Hi 
"Act to amend an act entitled "An act to incorporate the Ashe- 

ville and Virginia Railroad Company," 27 
Right of extension, name, stock, commissioners, '.7 
" Act to amend the charter of the North Carolina Railroad Com- 
pany, and for other pur]>oses," 29 

Debts, bonds, mortgages, deeds, etc., 3 ) 
Contracts, 31 
"Act to amend charter of the Western Railroad Company.,' 1 4:3 
Repeal, bonds, charter, privileges, contracts, etc., +2 
Funds for construction of railroad, 43 
"Act to incorporate the Charlotte aDd TaylorsviUe Railroad Com- 
pany, 44 
Name, location, powers, rights, etc., corporators, 41- 
Book3, stock, meetings, offices, shares and payment of stock, 45 
Term of office, vacancies, rcpoits, subscribers, 4('» 
Increase of stock, privileges, corporate; power, + , 
Act supplementary to an act entitled " an act to amend the charter 
of the North Western North Carolina Railroad Company and 
for oilier purposes, *>% 
Act to amend an act to incorporate the Greenville and French 

Broad Railroad Company, .;j 

Route of road, corporators, corporate name and rights, etc., .71 
"Act supplemental to an act entitled an act to incorporate the 

Elizabeth City and Noifolfc Railroad Company, 107 

Funds, ] 7 

Meeting?, clecfons, votes, land condemn* d, lGtf 
" Act to authorize the Western Railroad Company to open to na\ i 

gation the waters of Lower Little river, and Us tributaries," J.';7 

Appropriations, subscriptions, bonds steam vessel-, 137 

Rates, power- and privileges, land condemned, 188 

" Act to incorporate the Yadkiu and Dan River Railroad," 124 



*42 1871-72. — Index to Pubclic Laws. 

P.VGtt. 

. , RAILROADS— (Continued ) 

index to public T *• ..,.,. 

jf aW8> * Location, corporators, name, capital stock, rights, 124 

Books, meetings, otiiccrs and term of office, r.'.> 

Rights of conveyance, land condemned, contracts. 126 

Bonds, 127 

"Act to charter ttie Upper Division of; the Yadkin Railroad 

Company," 128 

Name, location, charter, 128 

Consolidation, 129 

" Act to charter the Carolina Narrow Gauge Railway,'' 17:. 

Capital stock, name, location, 173 

Rights, privileges, commissioners, meetings and quorum, 174 

Officers, payment, management, vacancies, reports, 17."> 

Land condemned, valuation, funds, etc., 176 

"Act to enable the W. C. R. R. Co. to complete its road, and to 

extend its road to the Tennessee line," 177 

Bonds, extension, mortgages, 177 

Exchange of bonds, trustees to hold bonds, classification, 178 

Ordinance of 186S repealed, 178 

State's interest, surrender of bonds, repeal, stock, mortgage bonds 

held, 179 

"Act to amend the Fayetteville & Florence Railroad,"' 181 

Privileges, contracts, capital stock, mortgage, convicts, 181 

How convicts to be employed, extension, 182 

"Act to authorize the formation of Railroad Companies, and to 

regulate same," 186 

Number necesary to form company, lb6 

Name, route, capital stock, directors, 1S6 

Articles filed In office of Secretary of State, 1*6 

When deemed a corporation, 186 

Stock subscribed, articles tiled, 187 

Affidavit, what shall be evidence of incorporation, 187 

Books of subscription, President and Directors, 187 

Term of office, vote by shares, vacancies, 1S8 

Qualification of officers, when a corporation, 188 

( (dicers appointed by President, payments and forfeits, 18S 

Siock deemed real estate, capital stock increased, 189 

Stockholders held liable, ISO 

Laborers may sue corporation, 190 

Contractor unable to pay, suit to be within thirty days, 191 

Petition for Com. of appraisers, character of same, 191 

How served on person living out of State, 192 

General notice, guardians, idiots, unknown parties, 193 

Court to appoint, security, commissioners to take Oath, l'.>4 

Duties of commissioners, compensation, report, exceptions, 195 

Final report, compensation, company to notify, 198 

Court to judge, right of unknown parties, 197 

Ownership, defective titles, maps, notice to occupants, V.'S 

Route, certificate, compensation for lands, 199 

Highways,' Secretary to grant land, guardian to sell, 200 



1871-'T2. — Index to Puulic Laws. 



44S' 



Pag* 

RAILROADS— (Continued. ) 

Corporate powers, company to eut«r upon lands, etc., 

Powers and privileges to join other rouds, 

Buildings, transportation, badges, annual reports, 

Statement, 

Applies to all existing railroad companies, and Legislature may 

reduce profits, • 
Ejectment of passengers, rules, cheeks, liability for baggage, 
Misdemeanor, suits, maps, 
Corporate existence to cease, when, 
Legislature may annul, rights, privileges, 
Location of road in adjoining State, 
Freight unclaimed, 
Freight perishable, sold, funds how applied, police, Governor to 

appoint, oath, badge, 
< 'oinpensation, transfer of stock, 
Consolidation, seal, details, meetings, 

Notice, Tote, copy of act to be filed with Secretary of State, 
Rights of creditors, 
Taxation, mileage, railroads not to consolidate, 

Act to incoiporate the Beech Swamp and Scotland Neck Railroad 
Company," 

Name, capital stock, rights, privileges, subset iption, 

Lease, franchises, bond, right of way, 

"Act to aid in the completion of the Western Division of the 
Western North Carolina Railroad Company," 

Repeal, re-enactment, appropriations, 

Grading, route, contract, moneys, meetings, 

Directors, proxies, speaker to appoint, removal, etc., 

Penalty, reports, misdemeanor, penalty, leases, 

" Act to amend an act entitled an act to authorize the Swamp Land 
Company to construct a railroad from Pantego to Indian river, 
in Beaufort county," 

Rights, privileges, damages, removal, repeal, 

Act to incorporate the Halifax and Scotland Neck Railroad Com- 
pany," 

Location, corporators, name, capital stock, 

Stock, subscriptions, meetings, elections, lands, etc., 

Right of way, money, conveyance, privileges, gauge, etc., 

" Act to incorporate the Raleigh and Fayettevillc Railroad Com- 
pany," 

Corporators, books of subscription, 

Subscriptions in lands, etc., name, rights, meetings, 

Vacancies, powers of officers, 

Location, bunds, insurance, security, etc., 

Jury, assessments, appeals, instalments, stuck, 

Repeal, 

" Act to amend an act chartering the Jamesville and Washington 
Railroad and Lumber Company," 872 

.Money raised by Issuing bonds, interest, deeds, etc., 872 



201 Index to publi 

'i02 ^ a W8. 

203 

204 

208 
20'.» 
210 
211 
211 
212 
212 

213 

214: 

215 
210 
217 

218- 

229 
229 

230 

233- 
233- 
233 
235 

230 



253 
254 



270 
271 

27."i 



276 

277 
277 
278 

27!1 

380 



^^ 1871 '-72. — Index to Public Laws;. 

K.lLEIGH AND GASTON RAILROAD COMPANY : 

RANDOLPH: 

iiiUi'X to public ... ... ,. ... . , 

la*.- 8 . Dividing line established, 10 

Act relating: to throwing obstruction in I'wharie river, M 

Sheriffs to collect arrears of taxes for 1871, 
RECORDS: 

Act for the relief of such persons us have suffered from lOBfi of 

rceords in C lay county, 
Duplicate may be taken as evidence for lost deeds, 
Informality of certificates admissable, 51 

'Sludge of probate to execute lost papers upon satisfactory evi- 
dence," 

Records lost during war restored, 113 

HEAL PROPERTY : 

1 defendants may petition court, suspension of judgment, 325 

Jury may asset-s damages, value of lands, improvements, 326 

Liability of defendant, verdict of jury, 226 

Lieu, defeudantto recover, mortzaged premises, 327 

Allowance, value, how estimated, plaintiff may relinquish, 237 

Payments, feme coverts, defendant may recover, etc., 328 

Act to amend section 7, chapter 237, laws of 1868-69, entitled an 
act to establish the days and places for selling real property 
under execution, and for other purposes, 153 

RELIEF : 

'• Act for the relief of such persons as have suffered from loss of 

records in Clay county," 5i 

Act for the relief of Bryan Kellum, L31 

Express companies, 330 

Act for the relief of certain tax payers in Wilson county, 946 

REPEAL : 

Act of January 15, 1873, concerning the North Western Norlh 

Carolina Railroad Company, 89 

Section 11, chapter 185, laws of 1868-'69, relating to rent of room 

for use of township trustees, 154 

Section 23, chapter 33, relating to supr-tnc court reporter, 159 

Section 3, chapter 233, laws of 1870-' 71, relating to actions where 

defendants are infante, 146 

Chapter 104, law6 of I86S-'69, concerning bridges and roads, 100 

Act of February 3d, 1869, amending charter Atlantic, Tennessee 
and Ohio Railroad Company, authorizing treasurer to return 
bonds, tea 

Chapter 270, laws of 18G9-'70, 107 

Chapter 274, laws of 1870-'71, relating to construction of a road in 

Ashe county, ;- L '» 

Sections 1 and 3, chapter 81, revised code, 391 

Chapter 367, laws of l8;>8-'69, relating to obstruction of Newporf 

river in Carteret county, 
Section 3, chapter 121 repealed, laws of l|69-'70, relating to home- 
steads, 37^ 



1871-72. — Index to Public Laws. *&5 

PA.GB. 

REPORTER : 

" .Supreme Court," Jj£|* t* p 

• : Act to abolish the office of supreme >-uurt reporter, and tor other 

purposes,'' 159 

Attorney Genera] to discharge duties of reporter, j, ( ^ 160 

REPRESENTATION : 

"Act concerning representation in the Senate," ~'ri 

REVENUE : 

" Act to raise revenue,"' " 90 

Assessment of taxes, poll tax, 90 

Limitation, object of taxation, penitentiary, asylums, 91 

Deductions, real and personal estate, collaterals, 'M 

Administrators, executors, superior court clerk, 93 

SCHEDULE B. 

Theatres, concerts, museums, circuses, itinerants, exemptions, 

bank agents, billiard saloons, 94 

Hotels, ferries, brokers, riding vehicles, auctioneers, 96 

Bowling alleys, liquor dealers, retailers, merchants, penalty, 95 

Commission merchants, horses and vchicl* s, dentists, peddlers, 97 
" Lightning rods, gipsies, drummers, misdemeanors," 

Bank officers, certificate, etc., 98 
Insurance companies, penalty for failure to comnimission agents; 

Return of general agent, trader's license, form, 100 

License countersigned, register to book, penalty, 101 

Persons failing to take out license, penalty, sheriff to report sums, 102 

SCHEDULE C. 

Express companies, telegraph, 6eals, compensation, penalty, 103 

Marriage license, corporations, lines, 104 

Repeal, 105 

"Act supplemental to an act to raise reveuue," 150 

Collection of taxes, copies distributed, members general assembly, 150 

Limitation of tax, proviso, 156 

REVISED CODE: 

"Act to amend section 15, chapter 37, Revised Code, in relation to 
proof of handwriting,"' 34 

" Act to amend section 4, chapter 35, Revised Code, in relation to 
fugitives from justice," 35 

"Act to amend section 32, chapter 35 Revised Code, allowing per- 
sons on trial right of challenge,' 1 43 

Act to amend section 8, chapter 44, Revised Code, relating I > 
evidence, HI 

Act to amend chapter 85, Revised Code, entitled " Pilots," 163 



4*0 1871-72.— Index to Pici.io Laws. 

Pagb. 
REWARDS: 
* ;" ,:,1i - Governor to offer additional rewards 16ft 

REYNOLDS : 

(ico. D., acts legalized, 154 

RIVERS AND CREEKS : 

Act declaring Yadkin river a lawful fence, 136 

Act declaring Dutchman creek a lawful fence, 819 

Act to prevent the felling of trees in the waters of Uwharric 
river, Randolph county, and the throwing of other obstructions 
therein, 290 

Misdemeanor, proviso, 290 

Act relating to obstructions in Peedec, Yadkin and Uwharric rivers, 

amended, 307 

Act making indictable the felling of trees into Neuse river, 343 

ROADS AND TURNPIKES: 

"Act to amend chapter 29, laws of 1870-'71, entitled an act to au- 
thorise the construction of a turnpike road from Malone and 
Wilson's Store, in McDowell county, to Flat Creek, in Bun- 
combe county," 24 
Extension, revised rates of toll, exemptions, etc., 35 
" Act to erect a toll gate between Franklin, N. C, and Clayton, 

6a,," 40 

"Act to establish and lay out a turnpike iu the counties of Cam- 
den and Currituck,"' 79 
Location, land condemned, 79 
Rights, toll, misdemeanor, toll gate, 80' 
"Act to construct a turnpike road from Marion, iu the county of 

McDowell, to Burnsville, in the county of Yancey," 87 

Corporators, name, location, subscriptions, stock, officers, .87 

Term of office, vacancies, appropriations, rights, 88- 

"Act to incorporate the Brevard and Waynesville Turnpike Co.," 139 
Corporate name, rights, location, gauge, 139 

Land, oath, appeal, certificates of 6tock, toll, 140' 

"Act amendatory of an act entitled an act to incorporate the Hia- 

wassee and Cbeoah Turnpike Company," 1S3 

Branch, road, location, powers and privileges, 153- 

" Act to construct and establish a turnpike road from Catawba 
Vale, in the county of McDowell, to Fair View, in Buncombe 
county," 220- 

Corporators, location, books, capital stock, 221 

"Act to lay off, alter and establish a public road from the town of 
Statesville, in Iredell county, to the town of Wilkesboro', in 
Wilkes county,'' 251 

Commissioners, location, damages, claims, overseers, 251 

Penalty, apportionment, compensation, gauge of road, oath, re- 
port, 252' 
"Act to lay out and construct a public road from Phillips* Gap, on 
the Bine Ridge, to Hamilton's Mills, in Ashe county:" 
Comnrssioners, width of road, 260 



1871-72. — Index to Public Laws. 44' 

EAflE. 

R0ADS AND TURNPIKES— (Continued.) 

Grade, damages, powers of commissioners, report, 201 Index to publi 

" Act to re-enact chapter 278, laws of ISCS-'OO, entitled an act to laws, 

revise and amend the charter of the Tuckasege and Nantahala 
Turnpike Company," 307 

Proviso, repeal, 308 

ROBBIN8VILLE— (See Cities and Towns.) 

R< (CKTNGHAM: 

"Act in relation to the commissioners of Stokes, Rocxinuham and 
Chowan counties," 188 



SALARIES AND FEES; 

Act relating to the fees of superior court clerk.-, 224 

"Act to amend sections 9, 11 and 18, chapter 89, laws of 1S70-'71, 305 
SAMPSON : 

Act to change Sampson county from the 4th to the 5th judicial 

district, 129 
Act to annex a part of New Hanover county to Sampson county, 222 
Act to prevent the destruction of fish in the waters of Black river 
and sis runs in the counties of New Hanover, Sampson, Cum- 
berland and Harnett, 241 

SCHOOLS: 

Fines appropriated to common school purposes-, 104 

School committees to sue for damages, 115 
Act to consolidate the school laws and to provide for a system of 

public instruction, 308 

Meetings, proviso, school funds, auditor to keep account, 308 

Treasurer, fund6 paid out on warrant of auditor, 308 

Board of education, free schools, treasurer, orders, 309 

Statistics, transcript of proceedings, meetings, examiner, 310 

Conpensatiou, catalogue of teachers, election*, corporations, 311 

Committee, districts, races, donation, 312 

Property, school house site, payments, title, proviso, 313 

Buildings, free schools, support, teachers, association, 314 

Meetings, compensation, term, records, scholarship, rules, 315 

Certificate of qualification, School fund, treasurer, board, 31G 
Free school teachers, study, publication, office superintendent, 

tax, 31T 

Misdemeanor, school fund, property taxed, poll tax,' reports, 818 

Penalty, commissions, exemptions, oath, funds paid to, 319 

Apportionment of school fund, report, compensation, 320 

Wilful disturbance a misdemeanor, penalty, 820 

Census proviso, repeal, 321 

SECRET ARV OF STATE: 

To furnish copy of act concerning courts in Granville, 38 

To endorse deeds of conveyance, 71 



4 * 8 1871'-72.— Im»kx to Pvv.iac Laws. 

Pac-j. 
SECRETARY OF STATE— iCovriNiitn.) 
law? t0 PUblC Authorized to issue a patent to L. Cahoon, 

Private laws in 15 days, proviso, 1S4 

Penalty for failure, distribution, | -; 

To grant land to railroad companies formed under chapter 188, JO I 

Appointed trustee ol' public libraries, 355 
Paper furnished lor printing laws, 

To furnish copies of acts, resolutions and papers in 10 daw, £ 

To supply registration books, :...j 

To prepare and transmit forms, 303 

To furnish copies to county olhcors, :;0o 

To appoint an examiner of insurance companies, ::f'-l 
SHERIFFS AND TAX COLLECTORS : 

Of BerMe to receive bonds in payment of taxes, 18 

Act for relief of sheriffs and tax collectors, ^'U 

Time extended sheriff of Granville county, 26 

Time extended sheriff of Washington county, 2G 

Time extended sheriff of Beaufort county, 26 

Relief of 6herifl of Bladen county, 28 

To hold election, 4S 

To bid off, 70 

To keep record, 73 

To receive money, 71 

Compensation and commission for making deed, 7:; 

Liable for taxes, 73 

Failing to aecouut, penalty, 7C, 

When tax collectors to perform duties of sheriff, 77 

May require books to be submitted, (13 

To report sums to register, iy^ 

Process against sheriff of Onslow suspended, 105 

Of Mecklenburg to collect arrears of taxen, 167 

Delinquents,; 445 

Compensation for making returns, L)04 

" Act in favor of certain sheriffs," C71 
STATUTES— <8kb Laws.) 
STOCKS AND BONDS— (See Boxds.) 
8TOKES : 

Commissioners authorized to issue bonds, ' 2 
Act in relation to Stokes, Rockingham and Chowaja" county com-, 

missiouers, 133 
SURRY : 

Act concerning poorhouse of county of, 
SUPERINTENDENT PUBLIC INSTRUCTION : 
Appointed trustee of public libraries, 

To publish school laws, ;;17 

To have office room, stationery, etc., 317 
SWAIN : 

Act to change the county line betweeu Cherokee and Swain, aear 

the residence of J. George, 242 



IS71— "72. — Index to Public Laws. 441* 

Pace. 

iSWAlSSBORO' : -- . ... 

,. .„./.., ,-,-., «— Index to public 

Snle of nuoxieating hquors within six miles of, prohibited, -•>> i aW j5_ 

TAXES: 

Pei'i|uiinaiij county authorized to levy special tax, s 
Bertie county authorized to levy necessary taxes, 18 
Hertford county authorized to levy aud collect taxes,' 28 
<_'ity of Wilmington authorized to levy special tax, 33 
Act to provide for the collection of taxes by the state and the sev- 
eral counties of the state on property, polls and income, 55 
Valuation of lands when made, 55 
Definition of the words " lands aud real property,'" 56 
Commissioners to notif} 7 township boards, 56 
Board to adyertise, 56 
When list is to be given in, 56 
" When and where to give in real property," 
When to list other x^roperty, 50 
Oath administered to tax payers, 56 
Inventory of taxable property, 58 
(Guardians, executors, etc., 59 
Exemptions from taxation, 59 
List to refer to April 1st, how property shall be valued, 60 
Blank forms to be prepared and distributed, 61 
Board to make abstract of tax list, 61 
Commissioners to revise lists, 62 
Improper valuation, how remedied, (S3 
Persons not giving in charged with double tax, 63 
Exemption from poll tax, 64 
Copies of revise tax list, how distributed, 64 
Clerk to make return to the auditor, 64 
Specification, clerk responsible, default, etc., 65 
Reduction, Insurance, payment, receipts, tjt> 
Oath, misdemanor, receiving, property 6eized, 67 
Insolvents, land of delinquents levied on, residence not known, 68 
Collections of non-residents, exemptions, sales, 69 
Sheriff to bid off, deed and registration, redemption, TO 
Sheriff to make deed, Secretary of State to endorse, redemption, 71 
Record,, affidavit, settlement by Sheriff, 72 
Auditor to furnish tax lists, deductions, etc., 73 
Fee and mileage, penalty for failure, 74 
Sheriff accountable, commissioners to appoint assistants and ac- 
counts filed, 75 
Ait to authorize the commissioners of Na»b county to levy a spe- 
cial tax, US 
Act to empower county commissioners to extend the time for col- 
lecting the county taxes, 113 
Act to allow the commissioners of Anson couuty to levy a special 

tax, 120 

Act to re enact and continue in force an act entitled an act to em- 
power the commissioners of Cumberland coun'y to levya special 

tax, ratified February 24, ls70, 185 



450 1871-72.— Index to Public Law,. 

PAGE, 
TAXES— (Continued.) 

Index to public Act, to authorize the commissioners of Montgotoerj county tu levy 

a apecial tax and to issue bonds, :i3t 

j Act for the relief of certain tax-payer6 in Wilson county, 346 

>( For school purposes paid to County Treasurer, 817 

Extension of time allowed the following Sheriffs anil tax-col 
tors : 

Granville, J. I. Moore, ' ■;• 
Washington, John M. Bateman, 

Beaufort, F. J. Satchwell, % 26 

The following Sheriffs relieved from penalty fur failure to pay taxes i 

Bladen, D. J. Clark, 28 
Onslow, E. Murrell, 
The following Sheriffs and tax-collectors author! •■■',; 
of taxes: 

E. C. Grier, of Mecklenburg, jH7 

Sheriff of Jackson county, •_ i 
The following counties authorized to levy taxes : 

Alleghany, 16i 

Anson, . 120 

Burke, HI 

Bertie, 18 

Camden, 154 

Cumberland, 185 

Cleaveland, 4T 

Greene, ltj'.r 

Hertford, ->H 

Mitchell, HI 

Montgomery, 231 

Nash, 113 

Perquimans, 8 

Onslow, 168 

Sampson, 104 

Union, 148 

Watauga, 153 

Warren, 369* 
TOWNSHIP : 

Township Board of trustees authorized to rent a room for their use, 134 
TOWNS — (See Cities, Towns asd Villages.) 
TKADE-M ARKS— (See Manures.) 
TREASURER : 

To cancel mortgage bonds, 30 

Costs when paid by treasurer, 32 

County Treasurer to give notice, 70- 

Agents of insurance companies and banks, 98 

County Treasurer to have custody of subscriptions, 111 

Public Treasurer to report, 145 

Indulgence granted sheriff with advice of attorney general, 145- 

Treasurer to return b jnds, 162 



lS71-"72. —Index to Pubeic Laws. 



451 



Page. 



TREASURER— (Continued.) 

Treasurer Board of Education to receive funds, 
County Treasurer to give bond, 
County Treasurer to make statement, 
y/ Taxes for school purposes paid to county treasurer, 
I Commissioners, share of school fund paid to, 

TREES— (See Creeks and Rivers.) 
TROGDEN, R. F., 

Authorized to collect arrears of taxes, 

TRUST ESTATES : 

Act to provide for the creation of certain trust estates, 

TURNPIKES— (See Roads and Turnpikes.) 



:;us Index to public 

309 laws - 

316 

317 

319 



aril 



80S 



UNION: 

Special tax authorized, 
UNITED STATES: 

" Act to authorize and empower the government of the United 
States to purchase aud hold lands in North Carolina fer the pur- 
pose of a national cemetery," 
Deeds registered, description, 
Exemption from tax, cxteutions, 



HS 



284 
285 



V 



VACANT LANDS: 

" Act in relation to vacant lands in Macon and other counties," 
Agency for collection of Cherokee bonds abolished, 
Register of Deeds to receive records, etc., and to be agents ex offi, 

entry takers, 
Register to account with county treasurer, compensation, 
Commissioners <>!' Raleigh authorized to improve, 



130 

130 

181 
369 



w 



WARREN : 

Special tax authorized, ggg 

WASHINGTON: 

Act to amend chapter 10, .section 1, of the revised code, concerning 
auction and auctioneers in Washington county, :;<;:; 

WATAUGA: 

Special tax authorized, yjg 



452 1871-72.— Indkx to Public Laws. 

i a , ,,- WAYNE : 

Index to public . . . . . . ., . «.,..,*,,, . , ,■ 

j au .._ Act to revive an act passed at the session of ,1880-' hi to •••<ui>iisli 

the lime between the counties of Wayne and Green, 184 

Western Railroad Company, 42 — 187 

Western Division Western Uailroad Co m p an y, 2SU- 

WILKES: 

Public Road established : 251 

Wilmington, Charlotte and Rutherford Railroad Company, 177 

Wilmington uud Onslow Railroad Company, 14 

WILSON: 

Act for the relief of certain tax i avers in Wilson county, 846- 



YANCEY : • 

County line changed, 41 

Construction of turnpike to Burnsville authorized, 37 

Yadkin and Dan River Railroad Company, 1:34 

Yadkin and Dan River Railroad Company, Upper Division^ 1 
Yadkin River — (See Riveks avp Cheeks.) 



I Kf DEX 



TO Till', 



PUBLIC ■■RESOLUTIONS. 



ALRAMtf, C: 

Resolution in favor of, 403 Index to public 

Resolution in favor of, 411 resolutions. 

ADJOURNMENT: 

Joint resolution on adjournment, ^98 

Resolution iu relation to adjournment, 40.'3 

Resolution relating to adjournment, 405 

ANDERSON, W. JE.: 

Resolution in favor of, 400 

• rORNEY GENERAL: 

Resolution authorizing writs of habeas corpus, 3S9 

Resolution in favorjof, 411 

Resolution authorizing treasurer and attorney general to employ 
aid, 415 

B 

BADGER, E. S.: 

Resolution in favor of, 413 

_>:ley,thos. : 

Resolution relating to schoolhousc, '■• „~ K>* 

BATTLE, W. H. : 

Resolution in favor of, 897 

c 

■ EBON, J. D. : 

Resolution in favor of, :;00 

Resolution iu favor of, 411 



454 1871-72.— Index to Public Resolutions. 

Pag a. 

CAPITOL: 

Index to public Resolution relating to repairs of, 416 

resolutions. 

CLERKS: 

Resolution providing additional «id for enrolling, 399 

Resolution allowing clerk of senate assistance, 404 

Resolution in favor of, 41:2 

Resolution relating to per dicni of assistant clerks, 414 

CLOUD, HON. JOHN M. : 

Resolution in favor of, 394 

Resolution in favor of, 411 

CONGRESS, MEMBERS OF:; 

Resolution of instruction and request to North Carolina Senators 

and Representatives of Congress, 400 

Resolution of request to members of, 419 

COOPER, J. W. : 

Resolution in favor of, W9 

I) 

DUDLEY, D. C: 

Resolution in favor of, and others, ] 

E 

ENNIS, J. II. : 

Resolution in favor of, J -"• 

F 

EOWLE, D. G. : 

Resolution in favor of, 397 



II 



HABEAS CORPUS: 

Resolution authorizing the Attorney General to sue out certain 
write, 389 

HENLEY, ROBERT: 

Resolution in favor of, 414 

HILL, JOHN II. : 

Resolution in favor of, 309 

HOLDEN, W. W. : 

Resolution to pay certain witnesses in trial of, 
HOLT, ARCHER : 

Resolution in favor of, 



1871-72. — Index to Public Resolutions. 



455 



Page. 



INDIANS : 

Resolution concerning Cherokee Indians in North Carolina, 



Index to public 
416 resolutions. 



KEEPER OF CAPITOL : 

Resolution concerning repairs, 



416 



LOGAN, GEO. M. : 

Resolution to pay certain witnesses and messenger, 

LYLE, J. M. : 

Resolution in favor of, 



393 

408 



M 



MAURY, M. F. : 

Resolution complimentary to Commodore Maury, 

MAYFIELD, B. : 

Resolution in favor of, 

Mcdowell : 

Resolution in favor of taxcollector of, 
MILLER, HENRY M. : 

Resolution in favor of, 



391 
420 
410 
406 



PENITENTIARY : 

Resolution relating to management of, 398 

PETILLO, JOHN : 

Resolution in favor of, 410 

PRINTING : 

Resolution concerning the printing of certain public documents, 3S9 

Resolution in regard to public printing, 302 

Resolution relating to 6tatc printer's account, 401 

Resolution of instruction to committee on, 405 

Resolution authorizing state geologist to have report printed, 413 

Resolution concerning the printing of the constitution, 41S 

PUBLIC BUILDINGS AND GROUNDS: 

Resolution in regard to the Lovcjoy Academy, 404 



4-50 1871-72. — Inddx to Public Resolutions. 

R 

Pace. 
RAILROADS : 

Index to public Resolution in regard to the lease of the North Carolina Railroad, 395 

resolutions. Resolution relating to the sale of the Eastern Division of the West- 

ern North Carolina Railroad, 420 

RECESS : 

Resolution in regard to recess, 3U8 

s 

SECRETARY OF STATE : 

Resolution making temporary provision for stationery, 387 

Resolution relating to report of fraud commission, 413 

Resolution of request to members of congress, 419 

SHERIFFS AND TAX COLLECTORS : 

Resolution in favor of certain sheriffs, etc., 

Alexander, H. W. Mays, 304 

Alamance, A. Murray, 399 

Currituck, T F. Baxter, 399 

McDowell, , 410 

Nash, G. N. Lewis, 407 

Yancey, W. E. Piercy, 38S 

Resolution in favor of delinquent, 405 

SILER, THOS. S., 

Resolution in favor of. 408 . 

SOLDIERS, DISABLED : 

Resolution in favor of, 410 

STATIONERY : 

Resolution making provision for, 387 

SUMMERSETT, J. S., 

Resolution in favor of, 410 



TAX: 

Resolution concerning tax lists of Harnett county, 388 

TICKLE, LEWIS : 

Resolution in favor of, 397 

TREASURER : 

Resolution concerning moneys in the Public Treasury, 387 

Resolution ©f instruction to the Public Treasurer, 390 

Resolution of instruction to the Public Treasurer, 390 

Resolution supplemental to a resolution concerning the Marion 



1871-72. — Index to Public K evolutions. 45' 

Page. 
TREASURER— (Continues. ) 

and Ash eville Turnpike Company, 401 Index to public 

Resolution authorizing the Treasurer and Attorney General to em- resolutions. 

ploy aid, 415 

Resolution to raise a commission tojosamine into the accounts of 
the Public Treasurer, 416 

w 

WILLIAMS, ALBERT B.: 

Resolution in favor of, 414 

WITNESSES : 

Resolution in favor of certain witnesses, 390 

Resolution to pay witnesses in triaL of Judge Logan, 393 

Resolution in favor of. summoned before house committee, 408