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Full text of "Public laws and resolutions of the State of North Carolina [serial] : passed by the General Assembly at its session of .."

STEPHEN Bo WEEKS 

CLASS OF 1886; PHD. THE JOHNS HOPKINS UNIVERSITY 



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THE WEEKS OTJLEOTON 

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C 34-5. 1 



UNIVERSITY OF N.C. AT CHAPEL HILL 



00035473950 



This book is due on the last date stamped 
below unless recalled sooner. It may be 
renewed only once and must be brought to 
the North Carolina Collection for renewal. 



Form No. A-369 



Digitized by the Internet Archive 

in 2010 with funding from 

Ensuring Democracy through Digital Access (NC-LSTA) 



http://www.archive.org/details/publiclawsresolu1899nort 



PUBLIC LAWS AND RESOLUTIONS 



OF THE 



STATE OF NORTH CAROLINA 



PASSED BY THE 



GENERAL ASSEMBLY 



SESSION OF 1899, 



BEGUN AND HELD IN THE CITY OF RALEIGH 



WEL xESDAY,THE FOURTH DAY OF JANUARY, A. D. 1899. 



PUBLISHED BY AUTHORITY. 



KALEIGH, N. C. : 
Edwards & Brouohtox, and P'. M. Uzzeli-, Statk Printers and Bindkks 

1899. 



' 



A/ $7 
/i 99 



CONTENTS. 



State Government iv 

Supreme Court Judges iv 

Superior Court Judges v 

Solicitors v 

Criminal Court Judges v 

Commissioners of Affidavits L . vi 

Gener/ ", Assembly vn 

Captio s of the Public Laws xi 

Captions of the Resolutions xxxiii 

Constitution xxxv 

Pu c Laws 1 

Re^ ..utions 953 

Ind :x :o Public Laws 984 

Index to Public Resolutions Lasf: 



OFFICIAL REGISTER 

FOR THE YEAR 1899. 



STATE GOVERNMENT. 

Daniel L. Russell New Hanover County Governor. 

Charles A. Reynolds Forsyth County Lieutenant-Governor. 

Cyrus Thompson Onslow County Secretary of State 

Hal. W. Ayer Wake County Auditor. 

William H Worth Wake County Treasurer. 

Charles H. Mkisane Catawba County Supt. of Public Instruction. 

Zeb. V. WALSER Davidson County Attorney-General. 

B. S. Royster Granville County Adjutant-General. 

Edwards & Broughton. JwakeCounty Public Printers. 

and E. M. Uzzell $ J 

J. L. Burns Martin County— Keeper of Capitol. 

M. O. Sherrill Catawba County Librarian. 

Baylus Cade Franklin County Private Secretary to Governor. 

Miss Flora E. Creech Wake County Executive Clerk. 

John B. Koonce Jones County Clerk to Secretary of State. 

D. H. Senter Harnett County Clerk to Secretary of State. 

Jno. A. Sims Cabarrus County Clerk to Auditor. 

J. W. Denmark Wake County Clerk to Treasurer. 

S. L. Crowder Warren County Teller. 

W. H. Martin Wake County Clerk for Institutions. 

W. N. Mebane Alamance County Clerk to Supt. Public Instructioi 



THE JUDICIARY. 



SUPREME COURT. 

name. residence. 

W. T. Faircloth, Chief Justice Goldsboro. 

Walter Clark, Associate Justice Raleigh. 

D. M. Furches, Associate Justice Statesville. 

Walter A. Montgomery, Associate Justice Raleigh. 

Robert M. Douglas, Associate Justice Greensboro. 

Thos. S. Kenan, Clerk Raleigh. 

J. L. Seawell, Office Clerk Raleigh. 

Robert H. Bradley. Marshal and Librarian Raleigh. 

Ralph P. Buxton, Reporter Fayetteville. 



Judicial Officers. 



SUPERIOR COURT JUDGES. 



NAME. 

Geo. H. Brown, Jr. 
Henry R. Bryan— 

E. W. TlMBERLA.KE- 
W. S. O'B. ROBINSON 

T.J. Shaw 

O. H. Allen 

T. A. McNeill 

A. L. Coble 

H. R. Starbuck 

J. W. Bowman 

W. A. Hoke 

Frederick Moore _ 



district. residence. 

First Washington. 

Second Newbern. 

Third Louisburg. 

Fourth Goldsboro. 

Fifth Greensboro. 

Sixth Kinston. 

Seventh Lumberton. 

Eighth Statesville. 

Ninth Winston. 

Tenth Bakersville. 

Eleventh Lincolntou. 

Twelfth Asheville. 



SOLICITORS. 



G. W. Ward 

W. E. Daniel 

L. I. Moore 

E. W. Pou 

A. L. Brooks 

Rodolph Duffy__ 
Colin M. McLean. 

Wiley Rush 

M. L. Mott 

M. N Harsh aw — 
J. L. Webb 

JAS. W. FURGtTSON 



First Elizabeth City. 

Second Weldon. 

Third Greenville. 

Fourth Smithfield. 

Fifth Greensboro. 

Sixth Catherine's Lake. 

Seventh Klizabethtown. 

Eighth Ashboro. 

Ninth Wilkesboro. 

Teuth Lenoir. 

Eleventh Shelby. 

Twelfth Waynesville. 



CRIMINAL COURT JUDGES. 



Dorsey Battle Eastern District Rocky Mount. 

' Henry B Stevens Western District Asheville. 



VI 



List of Commissioners of Affidavits. 



LIST OF COMMISSIONERS OF AFFIDAVITS FOR THE STATE OF NORTH 

CAROLINA. 

List of Commissioners of Affidavits for the State of North Carolina, resident in other 
States, Territories and Countries, and in the District of Columbia, together with 
Residence, date of Appointment and date of Qualification. 



Abrahams, Howard _ 

Adams, Chas Hall 

Anderson, Armour C. 

3allantyne. H -- 

Braman, Ella F 

Bra man, Joseph B 

Bruce, J. C _ , 

Bunday. Chas. S 

Cassell, Norman 

Cleveland, L W 

Cloud, Edward H 

Corey, Geo. H. 

Corey, Edwin F. 

Fisher, A. H 

Folsom. Thos VV 

Foote, Mark A 

Gilliam. Kobt 

Garney, Isaac E 

Hanson, Murray 

Harrison, Joseph T. 

Hillery, John A... 
Hoffman. Ph. H. 

Hunt, Thos J. 

Hunt, George W 

Jones, Edward J 

Jennison, Samuel 

Jackson, Eleazer 

King, James L. 

Lukins Edward Fell _ 

Mathieu, Harry C 

McHarg. Rufus K. 

McKay, Alfred 

Mills, Chas Edgar 

Mitchell, John E 

Michelsohn, Adolph 

Netherland, Wm. M . 
Norfleet, James M 

Perkins, J. M 

Raleigh, W. K H 

Reardon. G. Evett 

Robb, W. F 

Roseman, Vincent 

Ruffin, Edmond S 

Sparhawk, Charles W. 

Starke, L. D 

Starke, L. D. Jr. 

Taylor, Anson S 

Taylor, Geo. W 

Taylor, Samuel L 

Tener, Kinley J. 

Tobey. Rufus B 

Tomlin, Robt. W 

Wallis, Wm 

Wagner, Wm. Jr 

Williams, W L 



Equitable Building, Baltimore, Md 

23 Court St., Boston, Mass 

13 Chambers St., New York 

Care of H. B Claflin & Co., New York- 

1224 Broadway. New York 

120 Broadway, New York 

Danville, Va 

317, 319, 4% St. N. W. Washington, D. C. 

Portsmouth, Va 

New Haven, Conn. 

703 Land Title. Philadelphia, Pa 

56 Wall St., New Yoik 

56 Wall St.. New York 

Baltimore, Md 

835 Broadway. New York 

158 and 174 Adams St.. Chicago, 111 

Petersburg. Va 

40 Wall ?>t , New York 

14 Saint Paul St , Baltimore, Md. 

S. W. Cor. 5 and Main Sts., Cincinnati, O. 

56 Wall St., New York 

220, 222 Equitable B'l'g, Baltimore, Md. 

623 Walnut St., Philadelphia, Pa 

623 Walnut St. Philadelphia, Pa 

61 Court St., Boston, Mass 

186 Washington St , Roston, Mass ._ 

293 Broadway, New York 

San Francisco, Cal 

812. 816 Girard B Tg, Philadelphia, Pa 
100 E. Lexington St . Baltimore, Md. __ 

137 Broadway New York 

59 Cedar St., New York 

115, r 17 Broadway, New York 

1321 F. St. N. W. Washington, D. C. — 

Norfolk, Va. — 

Washington D C 

503 Columbia Building, Norfolk, Va 

Portsmouth, Va 

Corner Hopkins Place, Baltimore, Md _ 
Cor. Lexinton & St. Paul Sts., Bait., Md 

Pntsburg. Pa. 

227 Broadway, New York 

Rooms 4 and 6 Acad Music, Norfolk, Va. 

400 Chestnut St , Philadelphia, Pa 

190 and 202 Main St., Norfolk, Va 

Norfolk, Va 

1213 F St N. W. Washington, D. C 

4th Army Corps, near Havana. Cuba __ 

311 Betz Building, Philadelphia, Pa 

Philadelphia, Pa 

Boston, Mass 

Norfolk, Va 

Bristol, Va 

15 and 17 S. 3rd St., Philadelphia, Pa.__ 
104 Main St., Norfolk, Va 



DATE OF 
APPOINTMENT. 



Dec. 24, 1898 . 
Jan. 20, 1899 _. 
Dec 23, 1898-. 
July 1, 1897 .-_ 
April 12, 1899- 
May 8. 1897 ___ 
July 15, 1897 — 
Dec. 15, 1898 __ 

Oct 6, 1897 

Dec. 23, iS?97-- 
Dec 13, 1898 __ 
Oct. 26, 1897 __ 
April 6, 1S99-- 
May 28, 1898 __ 

Oct. 5, 1898 

Jan. 10, 1899 __ 
April 14, 1899 . 
Jan. 13, 1898-- 
May 15, i8 y/ _- 
Oct. 15, 1897 — 
March 16, 1S99 
Dec. 28, 1897 „_ 
Nov. 29, 1897. _ 
Feb. 3, 1898—. 
March 2. 1S9S, 

Jan. 7. 1899 

March 10, 1899 
March 27, 1899 
Dec. 2, 1897 — 
Aug. 29, 1S98.. 
Feb. 8, 1898 — 
Sept. 14, 1S97 _ 
Jan. 10, 1898 __ 
May i.s, 1898-^ 
March 3. 1899- 
Jan. 3, 1898 — 

Nov. 22, 1898 

Dec. 2, 1897 

Feb. 24, 1898— 
Jan. 15, 1898 __ 
Nov. 19, i8g8__ 
July 14. 1897 __ 
Dec. 9, 1898—- 
June 18, 1897--- 
Jan. 30, 1899 — 
Feb 5, 1899 — 
Dec. 13, 1897 __ 
Jan. 10, 1899 __ 
Dec 7 1898.-- 
July 17, 1897 __ 
April 7, 1898 _- 
Sept. ii, 1897 _ 
Sept. 27, 1898 _ 
Nov. 29, 1897.- 
March 12, 1S98 



DATE OF 
QUALIFICATION. 



Dec. 27, 1898. 
Jan. 23, 1899. 
Dec. 27, 1S98. 
July 6, 1897. 
April 15, 1899. 
May 10, 1S97. 
July 19, 1897. 
Dec. 17, 1898. 
Oct. 18, 1897. 
March 16, 1898. 
Dec. 20, i8q8. 
Oct 29, 1897. 
April 8, 1899. 
May 28 1898. 
Oct. 25, 1898. 
Jan. 13, 1899. 
April 15, 1899. 
Jan. 15, 1898. 
May 17, 1897. 
Oct. 18, 1897. 
March 21, 1899. 
Jan. 3, 189S. 
Dec. 4, 1897. 
Feb. 4, 1898. 
March 2, 1898. 
Jan 9, 1899. 
March 15, 1899. 
April 3, 1S99. 
Dec. 27, 1897. 
Aug. 31, 1898. 
Feb. 10, 1898. 
Sept. 18, 1897. 
Jan. 14, 1898. 
May 17, 1898. 
March 4, 1899. 
Jan. 5, 1898. 
Nov. 23. 1898. 
Dec, 4, 1897. 
Feb. 25, 1S98. 
Jan 17, 1898. 
Nov. 21, 1898. 
Oct i, 1897. 
Dec 13, 1898. 
June 21, 1897. 
Feb. i, 1899. 
Feb. 9, 1899. 
Dec. 16. 1897. 
Not qualified, 
Dec. 19, 1898. 
July 16. 1897. 
May 11, 1898. 
Sept. 15, 1S97. 
Sept. 29, 1898. 
Dec 8, 1897. 
March 14, 1898. 



STATE OF NORTH CAROLINA, 
Office of Secretary of State, 
Raleigh, April 24, 1899. 
I, Cyrus Thompson, Secretary of State, hereby certify the foregoing to be a true list of the Com- 
missioners of Affidavits for North Carolina, resident in other States, Territories, etc., together with 
their places of residence, dates of appointment and dates of qualification, as recorded in this office. 

CYRUS THOMPSON , 
Secretary of State . 



MEMBERS OF THE GENERAL ASSEMBLY. 



Convenes Biennially in the City of Raleigh on the First Wednesday after t>ik 
First Monday in January. 



SENATORS. 

CHAS. A. RKYNOLDS, Lieutenant-Governor, President, Winston. 



name of senator. 



POST-OFFICF.. 



T. G. Skinner 

George Cowper 

I. W. Miller 

H. S. Ward 

W. E. Harris 

E. L. Travis 

R. H. Speight 

F. G. James 

R. A. P. Cooley 

T. S. Collie 

J. Q. Jackson 

James A. Bryan__ 

F. A. Daniels 

I. F Hill 

W. J. Davis 

Thomas O. Fuller. 
F. A. W'hitaker 

J. A. T. Jones 

J. W. S. Robinson 

F. P. Jones 

J. A. Brown 

Stephen Mclntyre. 

W. L. Williams 

A. A. Hieks 

Thomas M Cheek. 
J. M. Satterfield__. 

J A. Goodwin 

William Lindsay .. 

J. N.Wilson 

J. C Black 

Charles Stanback_. 
Thomas J Jerome. 
R. L Smith 

F. I. Coborne 

R. B. Glenn 

J. C. Thomas 

James A. Butler—. 
Frank C. Hairston. 

J. C. Newsom 

H. T. Campbell 

D. A. Lowe 

W. C. Fields 

G. G. Eaves 

W. L Lambert 

M. H. Justice 

O. F. Mason 

T. J. Murray 

W. J. Cocke 

J. A. Franks 

Joel L. Crisp 



Hertford 

Win ton 

Alliance 

Plymouth 

Seaboard 

Halifax 

Wrendale 

Greenville 

N ashville 

Cedarrock 

Kinston 

Newbern 

Goldsboro 

Faison 

Wiunabow 

Warrenton 

Raleigh 

Gulley's Mills 

Delta 

Dunn 

Chadbouru 

Lumbetton 

Little River Academy 

Oxford 

Mebane 

Kstelle 

Merry Oaks 

Reid»Ville 

Greensboro 

Carthage 

Mt Gilead 

Monroe 

Norwood 

Charlotte 

Winston 

Midway 

Statesville 

Fork Church 

King 

Vashti 

Lowesville 

Sparta 

Marion 

Bakersville 

Rutherfordton 

Dallas 

Mars Hill 

Asheville 

Almond 

Stecoah 



Perquimans. 

Hertford. 

Pamlico. 

Washington. 

Northampton. 

Halifax. 

Edgecombe. 

Pitt. 

Nash. 

Franklin. 

Lenoir. 

Craven. 

Wayne. 

Duplin. 

Brunswick. 

Warren. 

Wake. 

Johnston. 

Sampson. 

Harnett. 

Columbus. 

Robeson. 

Cumberland. 

Granville. 

Orange. 

Caswell. 

Chatham. 

Rockingham. 

Guilford. 

Moore. 

Montgomery. 

Union. 

Stanly 

Mecklenburg. 

Forsyth 

Davidson. 

Iredell. 

Davie. 

Stokes 

Alexander. 

Lincoln 

Alleghany. 

McDowell. 

Mitchell. 

Rutherford. 

Gaston. 

Madison. 

Buncombe. 

Swain. 

Graham. 



OFFICERS. 





NAME. 


POSITION. 


POST-OFFICB. 






Winston. 

Wilson. 

Hickory. 

Fayelteville. 

Mount Mourne. 

Salisbury. 




C C. Daniels - . — _ . • 






F. A. Clinard - _ _. . 


Engrossing Clerk ._ 




J. B. Smith — ___ . . 




M.W.White _ _._ 


Assistant Doorkeeper 

Reading Clerk 




"Walter Murphy 











VJJI 



Members of the General Assembly. 



REPRESENTATIVES. 



H. G. CONNOR, Speaker Wilson. 



W. H. Carroll 

A. C. Mcintosh 
James M. Gambill . 
James A. Leak 

B. E. Reeves 

B. B. Nicholson 

F. D. Winston 
George H. Cm rie ... 

D. B McNeill 

Locke Craig 

J. 0. Curtis 

]. H. Hoffman 

I. T. Hartsell 

S. L. Patterson 

T. K. Abbott 

J. IS. Russell 

C J. Yarborouj>h - 

A. C. Boggs 

1, L. Wrenn 

J. A. Giles_ 

W. E. Mauney 

W. D. Welch 

George M. Fleming, 

Clyde R. Hoey 

D C. Allen 

Isaac H. Smith 

D. J. Ray 

H McU. Robinson-. 
S. M. Beasley 

C. 'f. Williams 

C. M. Thompson 

G. L. White 

J. O. Carr 

H. A. Foushee 

H. A. Gilliam 

S. I,. Hart 

J. K. P. Carter 

William A. Lowery- 

P. A. Davis 

t,. H. J. Hauser 

J. M. Trotman 

O. P. Williams 

0. W. Bryan 

A. A. Lyon 

J. E. W. Sugg 

J. C. Kennett 

J. C Bunch 

H S. Harrison 

W. P.White 

D H. McLean 

J S Davis 

M. S. Justus 

Isaac F Snipes 

C. W. Davis 

' 13. Holman 

T. J. Williams 

W E. Moore 

J. F. Brown 

D. G. Johnson 

G G. Noble 

W. W Carraway. _ . 

J. F. Rheinhardt 

J. Frank Ray 

A.B Bryan 

H. W. Stubbs 

E.J. Justice 

Heriot Clarkson 

R. M.Ranson 

T. F.. Hendersou . 



POST-OFF1CR. 



Burlington 

Taylorsville 

Sparta 

Wadesboro 

Lamar 

Washington 

Windsor 

Clarkton 

Supply 

Asheville 

Luther 

Morganton 

Concord 

Yadkin Valley __. 

South Mills 

Springle 

Locust Hill 

Claremont 

Siler City 

Pittsboro 

Murphy 

Gliden_— 

Hayesville 

Shelby 

Armour 

Newbern 

Endon 

Fayetteville 

Poplar Branch ._ 

Avon 

Lexington 

Cana 

Kenans ville 

Durham 

Tarboro 

Heartsease 

White Road 

Kernersville 

Laurel 

Cherryville 

Trotville 

Yellow Creek 

Tar River 

Lyons 

Snow Hill 

Pleasant Garden . 

Oak Ridge 

Medoc 

Hobgood 

Dunn 

Iron duff 

Blue Ridge 

Menola 

Engelhard 

Cool Springs 

Mooresville 

Webster 

Earpsboro 

Benson 

Tuckahoe 

Kiuston 

Rheinhardt 

Franklin 

Marshall 

Williamstou 

Marion 

Chatlotte 

Huntersville 

Mint Hill 



Alamance. 

Alexander. 

Alleghany. 

Anson. 

Ashe. 

Beaufort. 

Beitie. 

Bladen. 

Brunswick. 

Buncombe. 

Buncombe. 

Burke 

Cabarrus. 

Caldwell. 

Camden. 

Carteret. 

Caswell. 

Catawba. 

Chatham. 

Chatham. 

Cherokee. 

Chowan. 

Clay. 

Cleveland. 

Columbus. 

Craven. 

Cumberland. 

Cumberland. 

Currituck. 

Dare. 

Davidson. 

Davie. 

Duplin. 

Durham. 

Edgecombe. 

F'dgecombe. 

Forsyth. 

Forsyth. 

Franklin. 

Gaston. 

Gates. 

Graham. 

Granville. 

Granville. 

Greene. 

Guilford. 

Guilford. 

Halifax. 

Halifax. 

Harnett. 

Haywood. 

Henderson. 

Hertford. 

Hyde. 

Iredell 

Iredell 

Jackson. 

Johnston. 

Johnston. 

Jones. 

Lenoir. 

Lincoln. 

Macon. 

Madison. 

Martin 

McDowell. 

Mecklenburg. 

Mecklenburg. 

Mecklenburg. 



Members of the General Assembly. 



IX 



REPRESENTATIVES— Continued. 



J. R. Pritchard 

W.A.Cochran 

J L. Currie 

Cicero Elleu 

George Rountree 

M.S. Willard 

W. C. Coates 

S M. Gattis 

Frank Thompson 

George Dees 

J. B Leigh 

Gibson James 

F H. Nicholson 

C. A. Whiifield 

W. J. Nicholls 

F. H. Barnhill 

J. W. McFarland 

T. J. Redding 

J. Al. Burrow 

H. C. Wall • 

Hector McLean _— 

G B.Patterson 

J. S. Oliver 

J. H. Lane 

J. R. Garrett 

Lee S. Overman 

D. R. Julian 

J. F. Alexander 

R. M. Cruiupler 

C. H Johnson 

J. M. Brown 

R. J. Petree 

W.,W. Hampton 

R. L. Leatherwood 

G.W. Wilson 

William Maitland 

R. L- Stevens 

J. Y. Eaton 

J. D. Boushall 

G. T. Powell 

W. H. Holland 

W. B Council 

J. H. Wright 

T. L Tarkenton 

W. R. Allen 

J. M. Wood 

E. B. Hendren 

W. A. Tharpe 

H. G.Connor ! Wilson ___ 

H. S. Williams | East Bend 

W. M.Austin 1 Burnsville 



POST-OFFICE. 



Elk Park 

Troy 

Carthage 

Rocky Mount 
Wilmington... 
Wilmington... 

Seaboard 

Hillsboro 

Jacksonville -. 

Grantsboro 

Elizabeth City 
Maple Hill ___. 

Belvidete 

Yancey 

Greenville 

Grindool 

Poor's Ford ... 

Carraway 

Ashboro 

Rockingham 
Laurinbarg __ 

Maxton 

Affinity 

Leaksville 

Lenox Castie. 

Salisbury 

Salisbury 

Forest Citv 

Ora _"____. 

Ingold 

Albemarle 

Germanton ... 

Dobson 

Brysou City 

Davidson's River 

Columbia 

Monroe 

Henderson 

Raleigh 

Haleigh 

Varina 

Boone . 

Chuichill 

Mackey's Kerry.. 

Goldsboro 

Goldsboro 

Brushy Mount 

Byrd 



! 



Mitchell. 

Montgomery. 

Moore. 

Nash. 

New Hanover. 

New Hanover. 

Northampton. 

Orange. 

Onslow 

Pamlico. 

Pasquotank. 

Pender. 

Perquimans. 

Ferson. 

Pitt. 

Pitt. 

Polk. 

Randolph. 

Randolph. 

Kichmond. 

Richmond. 

Robeson. 

Robeson. 

Rockingham. 

Rockingham. 

Rowan. 

Rowan. 

Rutherford. 

Sampson. 

Sampson. 

Stanly. 

Stokes. 

Surry. 

Swain. 

Transylvania. 

Tyrrell. 

Union 

Vance. 

Wake. 

Wake 

Wake. 

Watauga. 

Warren 

Washington. 

Wayne. 

Wayne. 

Wilkes. 

Wilkes. 

Wilson. 

Yadkin. 

Yancey. 



OFFICERS. 



NAME. 


POSITION. 


POST-OFFICE. 




Speaker ... 

Principal Clerk 

Reading Clerk . . -- 

Engrossing Clerk . 

Doorkeeper . . _ ... 
Enrolling Clerk ... 






Charlotte. 


W. W. Willson .... _ 


Raleigh 


J. S Elmore . _ .... 




W. R. Stallcup . . . 


Franklin. 


E. B. Norvell . - 


Murphy. 





CAPTIONS 

OF THE 

PUBLIC LAWS, 

SESSION 1899. 



(hap. Page. 

1. An act to revise, consolidate and amend the insanity laws of this state, 3 

2. An act to repeal chapter four hundred and sixty-four of the public laws of eighteen 

hundred and ninety-seven, 26 

3. An act to appoint the members ^f the "county board of school directors" in the vari- 

ous counties of the state, 27 

■i. An act to repeal chapter five hundred and four (504) of the public laws of one thou- 
sand eight hundred and ninety-seven, relating to the protection of flsh in Alle- 
ghany county, 29 

5. An act to appoint a committee to investigate the management of the state peni- 

tentiary, 30 

6. An act to repeal chapter fifty-two of the acts of eighteen hundred and ninety-seven, 

puolic laws, and to create the office of enrolling clerk of both houses of the general 
assembly, 31 

7. An act in regard to the pay of the clerksaudoiher employees of the general assembly, 32 

8. An aet to repeal chapter two hundred and three, public laws eighteen hundred and 

ninety seven, entitled "An act regulating the procuring and distribution of dead 
bodies for the promotion of medical science," 32 

9. An act for the appointment of commissioners of navigation for Old Topsail inlel [and] 

Beaufort harbor, 33 

10. An act to give consent by the state of North Carolina to the acquirement by the TJni 

ted States, by purchase or condemnation, of such lands as may be required for the 
establishment, cf a fish cultural station in said state, 31 

11. An act to raise revenue, 35 

12. An act to change the name of Chockowinity creek, 62 

13. An act to amend section two thousand one hundred aud fifty-nine of The Code, 62 

14. An act to amend chapter three hundred and thirty five, laws of eighteen hundred and 

ninety-five, 62 

15. An act to provide for the assess went of property and the collection of taxes, 63 
16 An act to repeal chapter one hundred and fifty-nine o r the public laws of eighteen 

hundred and ninety-five, and chapter one hundred and eighty-five of the public 
laws of eighteen hundred [and] ninety-seven, 106 

17. An act to provide a short form for agricultural liens and chattel mortgages, and to 

prescribe the fees for probating and registering the same. 107 

18. An act to amend chapter thirteen, of the laws ol one thousand eight hundred and 

ninety seven, entitled 'An act to provide for and promote the oyster industry of 
North Carolina," ratified the twenty third day of February, one thousand eight 
hundred and ninety-seven, 110 

19. An act to provide for the general supervision of the shell-fish industry of the state of 

North Carolina, 111 

20. An act supplemental to an act ratified the second day of March eighteen hundred 

and ninety nine, entitled "An act to provide for the general supervision of the shell- 
fish industry of North Carolina," 116 



xii Captions of the Public Laws. 

Chap. Page. 

21. A supplemental act to an act entitled "An act to provide for the general supervision 

of the shell-flsh industry of the state of North Carolina" and ratified on March sec- 
ond, eighteen hundred and ninety-nine. 116 

22. An act to incorporate the Roanoke Railroad and Bridge Company, 117 

23. An act to repeal chapter three hundred and thirty one (331) of the public laws of eigh 

teen hundred and ninety-seven, 119 

24. An act to incorporate the State's Prison of North Carolina, aud to provide for the 

government thereof, 119 

25. An act toameud section two thousand and seventy-nine of The Code of North Car 

olina, 122 

26. An act to extend the charter of Fairfield Canal and Turnpike Company. 122 

27. An act to incorporate The African Aid and Burial Society of North Carolina, 123 

28. An act to authorize the publication of the sketches of North Carolina regiments, 124 

29. An act to amend section one thousand two hundred and eighty five of The Code, 124 

30. An act to appoint a joint committee to Investigate the agricultural department, the 

state treasurer's office and the charitable institutions of the state, 125 

31. An act to amend chapter sixty-eight of the public laws of one thousand eight hundred 

and ninety-seven, • 126 

-32. An act to repeal chapter five hundred (500) of the laws of eighteen hundred and nine 

ty seven, 127 

33. An act to regulate quo wai ran to proceedings, 127 

-34. An act to unite the Richmond, Petersburg and Carolina Railroad Company, and for 

other purposes, 127 

35. An act to ratify, confirm and approve the organization and incorporation of the 
South Carolina and Georgia Extension Railroad Company of North Carolina, to 
grant it certain powers, to authorize it to consolidate with other railroad compan- 
ies, and to grant certain powers to any such consolidated company, 129 

36 An act to appoint a committee to investigate the condition and management of the 
Agricu tural and Mechanical College for the colored race at Greensboro, North 
Carolina, 134 

3" An act to amend section three thousand six hundred and thiity five of The Code, re 
ducing the price of Supreme Court Reports from two dollars to one dollar and fifty 
cents per volume, 13* 

38. An act to repeal chapter one hundred and fifty, public laws of eighteen hundred and 

ninety seven, in regard to the Atlantic and North Carolina Railroad, 135 

-39. An act to amend chapt er three hundred and twenty nine of tbe private laws of eight- 
een hundred and ninety-five, 136 

40. An act to amend senate bill two hundred and thirty five, 13S 

41. An act to repeal chapter filty-one of the acts of the general assembly of eighteen hun- 

dred and ninety seven, entitled 'An act to prevent the fishing of certain nets iu the 
Albemarle Sound, and in the rivers emptying therein," and for other purposes, 137 

42. An act to repeal section thirteen hundred and thirty-three (1333), chapter thirty-one 

(31) of volume one ot The Code of North Carolina, 1.38 

43. An act to amend chapter sixty -five (65) of the public laws of eighteen hundred and 

ninety five, 139 

44. An act to amend section two thousand nine hundred and forty-one of The Code, and 

to facilitate the restoration to the rights of citizenship in certain cases, 139 

-45 An act relating to the department of agriculture, and taking from the board of com 

missioners of said department the power to contract for buildings, 140 

46. An act to prohibit hunting on any lands in Gaston aud Catawba counties except by 

consent of owner, 140 

47. An act to prevent the spreading of disease among hogs and fowls in Edgebombe and 

Gates counties, 141 

48. An act to Incorporate the East Tennessee and Western North Carolina Railroad Com- 

pany, 141 
49 An act to amend chapter one hundred and five of public laws of eighteen hundred 

and ninety five, 144 

-50 An act to validate certain oaths, 145 



Captions of the Public Laws. xiii 

Chap. Page. 

51. An act supplemental to an "Act. to incorporate the State's Prison, aDd provide for 
the government thereof," ratified the twenty sixth day of Januajy, eighteen hun- 
dred and ninety-nine 146 

52 An act to amend chap tr thirty-five of the public laws of the general assembly of 
eighteen hundred and ninety-seven, entit'ed "An act to amend section twenty- 
two hundred and two 12202) of The Code of North Carolina," 146 

58. An act to repeal chapter five hundred and ten of the public laws of eighteen hun- 
dred and ninety seven, 146 

54. An act to regulate fire insurance and other companies, 147 

55. An act to amend section two thousand one hundred and fifty five of The Code relat- 

ing to the probate of wills, 191 

56. An act for the relief of sheriffs, 192" 

57. An act in relation to bankrupts, 192 

58. An act to provide f >r the investigation of incendiary fires, 193- 

59. An act to prohibit hunting, fishing, trapping or netting game of any kind upon the 

lands of another in Alamance and Moore counties. 195 

60 An act to change the inscription on the corxer-skneof the new buildings of the North 

Carolina Institution for Blind, 196 

61. An act to prohibit huntiDg birds in Buncombe, Lincoln and Iredell counths, 196 

62 An act to provide a manner in which foreign corporations may become domestic 

corporations, 197 

63. An act to amend chapter three hundred and fourteen of the public laws of eighteen 

hundred and ninety-seven, 198 

64. An act to amend chapter forty nine of The Code of eighteen hundred and eishty three, 199 

65. An act to amend sections five hundred and eighty-one and five hundred and eighty- 

two of The Code, . 199- 

66 An act to validate certain probates and registrations, 200 

67. An act to amend chapter one hundred and fourteen of the public laws of eighteen 

hundred and ninety five, 200 

68. An act to amend chapter thirty-eight of The Code in regard to tHe Board of Internal 

Improvements, 201 

69. An act to amend section one hundred and fourteen of The Code of North Carolina, 201 

70. An act to amend chapter one hundred and sixty-one of the laws of eighteen hundred 

and ninety-five, entitled " An act to confer jurisdiction of the probate of deeds in 
certain cases," • 202 

71. An act to incorporate the " Beaufort and Pamlico Railroad Company," 202 

72. An act to amend chapter four hundred and twenty six of the public laws of eighteen 

hundrtd and ninety three, 206> 

78. An act to repeal chapter two hundred and seventeen, laws of eighteen hundred and 
ninety five, and chapter one hundred and nineteen, laws of eighteen hundred and 
ninety seven, 206 

74. An act to amend chapter two hundred and ninety-seven of the public acts of eighteen 

hundred and ninety-five, 207 

75. An act to amend section three thousand one hundred of The Code, 207 

76. An act to provide for the free passage offish in Mingo creek, 207 

77. An act to ratify the consolidation of the Petersburg Railroad Company with the 

Richmond and Petersburg Railroad Company, under the name of the Atlantic 
Coast Line Kai'rord Company of Virginia, and to incorporate the said Atlantic 
Coast Line Railioad Company of Virginia in North Carolina, 208- 

78. An act to annul sections one hundred and forty-eight and one hundred and sixty- 

three of The Code of Civil Procedure of North Carolina removing disabilities of 
marritd women, 209 

79. An act to repeal chapter sixty six, volume two of The Code, 209 

80. An act to authorize the commissioners of McDowell county to levy a special lax, 214 

81. An act to allow the commissioners of Jones county to sell poor-house lands and ap- 

purtenances, 214 

82. An act for the relief of certain children in the state, 215 

83. An act to repeal chapter two hundred and seventy-one, public laws of eighteen hun- 

dred and ninety seven, in regard to the drainage of " Big Sugar" creek, in Mecklen- 
burg county, North Carolina, 215 



xiv Captions of the Public Laws. 

Chap. Page. 

84. An act to ame id chapter foity-nine of The Code, 216 

85. An act 1.0 repeal chapter three hundred and sixty-one, public laws of eighteen hun- 

dred and ninety-seven, 216 

8<>. An act to prevent Ihe sale of adulterated and unbranded food, and to amend and 
make more effective the provisions of chapter one hundred and twenty-two, laws 
of one thousand eight hundred and ninety five, 216 

87. An act. to amend chapter fifty seven ot the public laws of eighteen hundied and nine- 

ty seven, to prevent public drunkenness, 220 

88. An act to increase the number of commissioners for t-'erquimaos county, 220 

89. An act to allow the chairman of the board of commissioners and of the board of edu 

cation to administer oaths in certain cases, 221 

SO. An act to repeal the February term of the circuit court or Madison county, 221 

91. An act to correct jtraut number four thousand one hundred and sixty seven, Bun- 
combe county, 222 
■92. An act to repeal an act to provide for the workitigof the public roads in Nash county, 222 

93. An act to amend chapter thirty four of The Code, and chapter one hundred and 

eighty one of the laws of eighteen hundred and eighty nine 223 

94. An act to amend chapter three hundred and ninety nine, laws of eighteen hundred 

and nint ty one, 224 

■95. An act to repeal chapter three hundred and tweDt> -four of the public law? of eight 
eeu hundred and ninety seven, relative to the working of the public roads ot Hal 
ifax county, 224 

98. An act to create graded scho >ls in the town of Kiust on. North Carolina, 225 

97. An act to amend chapter three hundred and fifty-four of the laws of eighteen hun 

dredand ninety-one, and theactsamendatory thereof, relative to working the roads 

of Graham county, 227 

98. Au ait to establish a dispensary at Smithfie'd, North Carolina, 228 

99. An act to repeal chapter four hundred and twenty-seven, public laws eighteen hun- 

dred and ninety-five, and chapter one hundred and sixty-two, public laws eighteen 
hundred and ninety-seven, as to Jones county only, 232 

100. An act to repeal chapter one hundred and seventy one, public laws of eighteen hun- 

dred and ninety-five 232 

101. An yet to protect the public bridges of Clay county, 233 

102. An act, to amend ch ip f ,er two hundred (200) public laws of one thousand eight hun- 

dred and ninety-seven (1897), 233 

103. An act to increase the nu cber of commissioners for New Hanover county, 234 
101 An act to amend sections one hundred and ninety-six and one hundred and ninety- 
seven of The Cole, 234 

105. An act to change the boundary line between the c >unties of Ashe and Alleghany, 235 

106. An act to correct land grant number six hundred and one, 235 

107. An act to drain the lowlands of Muddy creek and its tributaries, in Forsyth and Da- 

vidson counties 236 

108. An act to elect a cotton weigher for the city o' Charlotte, 238 

109. Au act to amend the stuck law in Henderson county, 210 

110. An act to provide for the cross-indexing of wills, 241 

111. Au act. to authorize the commissioners of Watauga county to levy a special tax. »212 
112 An act to provide for the management of the Colored Normal S :hool at Frauklinton, 

North Carolina, 242 

113. An act to authorize and regulate an action or actions to test the right to the posses- 

sion, custody and control of the property of the State's Prison, and the convicts con- 
fined therein, 244 

114. An act to amend chapter one hundred and fifty-four public laws of eighteen hundred 

and ninety-one, relating to the lea*e of turpentine orchards, 245 

115. An act to authorize the town of Elizabeth City to issue bonds and levy a special tax, 245 

116. An act to amend chapter one hundred and ninety-four, public laws of eighteen hun- 

dred and niuetv-flve, 247 

117: An act to supply certain counties with supreme court reports, 247 

118. An act to authorize the commissioners of Clay county to borrow money, issue bonds 

and levy a special tax, 248 

119. An act supplemental to "An act to improve the roads in Anson county," 249 



Captions of the Public Laws. xv 

«hap. Page. 

120. An act to prohibit shooting guns or pistols in the towns of Sparta, Alleghany county, 

and Jefferson, Ashe county, 250 

121. An act to amend section one of chapter eighty-one, of public laws of eighteen hun- 

dred and ninety-seven, 250 

122 An act relating. to school district number three, Court Hou e township, of Camden 

county, 251 

32?. An act to repeal chapter four hundred and thirty-eight, public laws of North Caro- 
lina of eighteen hundred and ninety-seven, the same beine an act to create a public 
school district of the town of Rockingham, North Carolina, 251 

124. An act to authorize the town of Durham to issue school bonds, 2il 

125. An act to secure a better drainage of Lockhart's creek, in Lincoln county, 254 

126. An act to amend section six hundred and sixteen of The Code in relation of the ser- 

vice of process in actions of quo warranto, 256 

127. An act to establish and provide for the organizing of the county of Scotland from the 

territory of Richmond county, 2.6 

128. An act to amend section three thousand eight hundred and six of The Code, in rela- 

tion to government of cities and iowus, 262 

129. An act amendatory to the stock law in Jackson county, 262 

130. An act to amend an act entitled ' An act to repeal chapter fifty-one of the acts of the 

general assembly of eighteen hundred and ninety-seven " 263 

131. An act to amend chapter one hundred and nine (109), public laws of eighteen hun- 

dred and ninety-seven, 263 

132. An act to amend chapter two hundred and seventy, public laws of eighteen hundred 

and ninety-five, 261 

133. An act to regulate shooting of wild fowl in Dare county, 264 

134. An act entitled an act to repeal chapter one hundred and forty, of private laws of 

eighteen hundred and ninety-seven, 265 

135. An act to repeal chapter sixty-four of the laws of eighteen huudred and ninety-seven, 

relating to live stock in Halifax county 266 

136. An act to repeal chapter three hundred and one, laws of eighteen hundred and 

ninety-seven, relatin? to the stock law in Edgecombe county, 266 

137. An act to repeal chapter two hundred and twenty-three of the laws of eighteen hun- 

dred and ninety-five, 267 

138. An act to prevent fast riding and driving over bridges in Gaston county, 267 
189. An act to repeal chapter one hundred and twenty-eight, public laws of eighteen hun- 
dred and ninety-seven, in relation to certain cotton weighers in Anson county. 267 

140. An act to repeal chapter three hundred and sixteen of the laws of eighteen hundred 

and ninety-seven, 263 

141 An act increasing the number of count" commissioners for Jones county, 268 

112 An act to repeal chapter two hundred and sixty-nine of the public laws of eighteen 

hundred and ninety-five, 261 

143. An act to appoint a cotton weigher for the town of Dunn, Harnett county, 269 

ill. An act to provide for working public roads in "Washington county, 270 

145. An act for the better government of Hertford county, 271 

116. An act for the relief of W. M. Watson, clerk of the superior court of Craven county, 273 
147. An act to increase the number of commissioners of Edgecombe county, 274 

148 An act to repeal chapter two hundred and ninety, of the public laws of eighteen 
hundred and ninety-seven, entitled "An act authorizing the commissioners of 
Buncombe county to elect a county auditor," 274 

119. An act for the relief of the superior court c'erk of Clay county, 275 

150 An act to repeal chapter ninetv-nine of the laws of eighteen hundred and ninety- 
seven, entitled an act to establish a free ferry on Chowan river at Barfieid, 275 
)51. An act to amend chapter two hundred and fifty-three, public laws of eighteen hun- 
dred and ninety-seven, 275 
1 2. An act to repeal chapter five hundred and fifty-eight, laws of eighteen hundred and 

ninety-seven, and for the protection of certain birds in Caoiden county, 276 

153. An act to increase the number of commissioners for Bsrtie county, 276 

154. An act to encourage the killing of certain wild animals In Graham county, 277 

155. An act to repeal chapter two hundred and twenty, public laws of eighteen hundred 

and ninety-seven, relative to cotton at d peanut weighers for Edgecombe county, 277 



xvi Captions of the Public Laws. 



Chap. 



Pagb. 



166. An act to amend chapter one hundred and fifty-four, public laws eighteen hundred 

and ninety-seven, 277 

157. An act to protect game in the county of Randolph, 278- 

158. An act to repeal chapter three hundred and sixty-seven (367), public laws of eighteen 

hundred and ninety-seven, 278 

159. An act to authorize the county of Bertie to borrow money, issue bonds, and levy a 

special tax . 278 

160. An act to promote temperance, 280 

161. An act to amend section one thousand nine hundred and six of The Code, 281 

162. An act to Improve the roads in Arson county, 281 

163. An act to repeal chapter two hundred and sixty-one, public laws of eighteen hun- 



dred and ninety-seven, 



ni ety ti ve. 



290 



164. An set to establish the North Carolina Corporation Commission, 291 

165. vn act. to amend chapter four hundred and eighty- four of the public laws of eighteen 

hundred and niuety seven, 307 

166. An act to provide a permanent system of government for Craven county, 308 

167. An act for the belter government of Caswell county, 308 

168. An act. to regulate the duties and powers of town constables, and validate proceed- 

ings based on process served by them, 309 

169. An act to provide for the appointment of commissioners in Washington county, 310 

170. An act to increase the number of commissioners of C aven county, 310 

171. An act to repeal chapter one hundred and twelve (112) of the public laws of North 

Carolina, r-ession of eighteen hundred and ninety five (1895), and chapter one bun 
dred and seventy-two (172) of the public laws of North Carolina, session of eighteen 
hundred and ninety-seven (1897), and restore Mount Airy township, in Surry 
county, 

172. An act to amend chapter one hundred and eight, public laws of eighteen hundred and 



313 



173. An act to amend chapter three hundred and forty five, public laws of eighteen nun 

dred and ninety-five, 313 

174. An act to provide for filling vacancies in the offices of Craven county, 314 

175. An act to enable the board of county commissioners to revise the jury list of New 

Hanover county, 314 

176. An act to alter the dividing line between White House and Britt's township, in Robe- 

son county, SI 4 

177. An act to protect fish in number eleven (11) township, Madison county, 315 

178. An act appointing H. E. Markham a justice of the peace, 315 

179. An act to provide for the appointment of justices of the peace in Beaver Dam town- 

ship, Washington county, 316 

180. An act to create an additional j ustice of the peace for Madison county, in number one 

township, 316 

191. An act appointing L, G L, Taylor a magistrate, 316 

182. An act to confer police powers on deputy sheriffs at Haw River, in Alamance county, 317 
183 An act to amend chapter two hundred and seventy-six, public laws of eighteen hun- 
dred and ninety-seven, 318 

184. An act to amend chapter two hundred and thirty-three (233) of the public laws of 

eighteen hundred and ninety-seven (1897), 318 

185. An act to amend chapter three hundred and fifty-three of the public laws of eighteen 

hundrtd and ninety-seven, 319 

186. Anacttoiepeal chapter one hundred and fourteen of the public laws of eighteen bun- 

dled and ninety-seven, establi-hing Muddy Creek town-hip in vicDowel county, 319 

187. An act to increase the number of county commissioners of Rowan county, North 

Carolina, 320 

188. An act for the relief of W. M. Watson, clerk of the superior court of Craven county, 320 

189. An act to establish a dispensary at Jackson, North Carolina, 321 
190 An act to appoint a constable in Mount Aiiy township, Surry county, 326 

191. An act to repeal chapter two hundred and ten (210) of the public laws of eighteen hun- 

dred and ninety five (1895), 325 

192. An act to protect quail and other food birds in Madison county, 325 



Captions of the Public Laws. xvii 

Chap. Page 

193 An act to amend chapter one hundred and thirteen of the public laws of eighteen 

hundred and ninety five, 326 

194. An act to chauge titles of holding courts in Duplin county, . 326 

195 An act to protect the bridge over the Perquimans river at. Hertford, 327 

196 An act to protect game in Edgecombe county, 327 

197. An act lo prohibit fast driving over bridges- in Pamlico county, 327 

198. An act to correct a grant issued by the state of North Carolina on the twenty-ninth 

day of October, seventeen hundred and eighty-two, to William Kerebee, cf Curri- 
tuck County, 328 

199. An act io authorize the county commisssi ners of Nash county to levy a special tax 

in certain stock law territory in that comity, 329 

200. An act to prohibit hunting on any lands in Halifax county except by written consent 

of owner, 329 

201. An act to ame' d chapter one hundred and two, laws of eighteen hundred and sev- 

enty-thiee and eighteen hundred and seventy-four, in regard to drainage of Clark's 
creek, in Lincoln cou lty, 329 

202. An act to appoint additional justices of the peace in Hyde county, 330 

203. An act to correct land grant number three thousand six hundred and forty-one Hen- 

derson county, 330 

204. An act t) elect Ga-iton Battle a justice of the peae i for number seven township, in 

E igecom be county, 330 

205. An act to regulate hunting in Davidson county, 331 

206. An act for the relief ot O-car A. Durant, late treasurer of Brunswick county, and his 

t-ureties, 331 

207 An act to resrulate the bonds of officers of Craven county, 332 

208. An act to amend chapter fifty-seven, laws of eighteen hundred and ninety-seven, 333 

209. An act to amend chapter two hundred and foity-six of tbe laws of eighteen hundred 

and eighty-five, 334 

210. An act to amend chapter two hundred and thirty-five of the public laws of eighteen 

hundred and ninety seven, . 335 

211. An act to amend chapter tw > huudrad aud seventy-seven of the public laws of eighth 

een huadred and ninety-five, 337 

212. An act to pay to C. M R »gers, late sheriffof Granville ciunty, eighty-nine ($89 02) and 

two one hundredth dollars, amount overpaid by him to the state treasurer of North 
Carolina, in settlement of the taxes due the state for the year eighteen huudred aud 
ninety, 337 

213. An act to direct the treasurer of Haywood county to piy school fund to Ida V. Love, 337 

214. A 1 a^t to aut.h >rize the treasurer of Gaston c maty t > pay scho >1 claim, 338 

215. An act for the relief of William B. Reeves, a public scho >1 teacher of Ashe county, 338 

216. An act to authorize and direct the sta'e treasurer to pay the mileage and per diem of 

the newly appointed directois of the State Prison, 339 

217. An act to reduce the toll rates of the Bi unswick Bridge and Ferry Company, 339 

218. An a t to amend the constitution of North Carolina, 341 

219. An at to authorize the school committee of Rutherford school district, Rutherford 

county, to pay a back claim, 343 

220. An act to abolish the "chain gang" system in Madison county, 344 

221. An act f>r the relief of J. P. Leach, late sheriff of Mmtgimerycnunty, 314 

222. An act to pay various tchool claims in the county of Surry, out of school [fund of 

said county, 345. 

223. An act fir the relief of Mi«s Mollie V. Britt, 345 
224 An act for the relief of B F. Wilder, ex treasurer of Franklin county, 316 

225. An act to amend chapter sixty-five of tbe public lawsof eighteen hundredandnicety- 

flve, 346 

226. An act to repeal chapter three hundred [and] thirty of the public laws of eighteen 

hui dred and ninety-five, entitled "An act to compel timber- getters in Tj rrell 
county t" establish their lines before cutting timber," 3i7 

227. An act to repeal chapter fifty, public acts of eighteen hundred and ninety-flvp, and 

chapter eighty two, public acts of eighteen hundred and ninety-five, .being acts 
relating to townships and precincts in Foroyth county, 347 

B 



win Captions of the Public Laws 

CHAP. PA6K - 

228. An act to repeal chapter three hundred and eighty-one public laws of eighteen hun- 

dred and uloety-flve, and t > re-enact the provisions of chapter four hundred and 
seventy-live, public' laws of eights n hundred and ninety-three, 347 

229. Au act for the relief of Annette O. Ho iper, 318 

250. An act to provide for th > payment of certain moneys f> Miss L. L. Holt, of Johnston 

county, 348 

231. An act to authorize the payment of public school teachers in Halifax county, for ser- 

vices rendered In eighteen hundred and niuety-seven, 349 

232. An act to auth >rize the treasurer of Randolph county to pay a school claim, 319 

233. An act to fix the salary df county treasurer of Buncombe county, 319 
231. An act to extend the time for laying off and building the road provided for In chap- 
ter three hundred and sixty f jurof the public laws of eighteen hundredand ninety- 
three, 350 

235. An act relative to the probate of deeds and other instruments, aud the private ex- 
amination of married wome", 350 

230. An act to amend section two thousand three hundred and one, of chapter eight, vol- 

ume two, of The ("ode, 359 

237. An act in regard to issuing license to retail liquor in Wilkesboro, North Carolina, 359 

23$. An act to amend the law in relation to the cotton weigher of Salisbury, Rowan 

county, 360 

239.' An act to amend chapter seventy-seveu (77) of the public laws of eighteen hundred 

and ninety-seven (18)7). re.ative to hunting in St >kes county, 360 

210. An act for the benefit of Rockingham county, 361 

211. An act for the better government of Greene county, 362 
242. An act to repeal chapter one hundred and s ventv-s x, public laws of eighteen hun- 
dred and ninety-fl .e, and ie enact aud amend chapter four hundred and eighty- 
seven, public laws of eighteen hundred and ninety-one, 363 

213. An act to authorize the stite treasure; to pay to Mrs R Z. Fewell the sum of twenty- 
one dollars aud twenty-six cents 361 

211 An act to repeal chapter five hundred, pub'ic laws of eighteen hundred aid ninety- 
seven, relating to the wor'aing of the public roads in the count es of Greene, Wilson 
and Wayne, 364 

2-15. An act to amend chapter two hundred and ninety one of the public laws of eight- 
een hundred and ninety seven, 365 

246. An act to incorporate the Presbyterian church in Yanceyville, Casweli county (two 

miles) 367 

217. An act to provide a short form for agricultural liens, and to prescribe the fees for 

probating and registering the same, in Johnston, Iredell and Co'umbu-) counties, 367 

2is. Au act to authorize the commissioners of Moore county to fund the county indebt- 
edness, issue bonds and levy a special tax, 369 

219. An act to correct he date of the ratifica ion of an act. which is entitled "An act to 
amend section two thousand nine hundred and forty-one of The Code, and to fa- 
cilitate the restTation to the rigats of citizenship in certain c »ses." 371 

2.0. A n act to regulate the pub 1c printing, 372 

251. An act to provide for the indexing, side notes and publication of the captions to 

laws and resolutions ratified by the general assembly of eighteen hundred and 

ninety- nine, 374 
T,2. An act to authorize the building of a bridge across Ivy, at Palmer's ford, in Madison 

county, 375 
253 An act to confer upon the board of internal improvements the power to appoint an 

agent to superintend and supervise the swamp lands, 375 

i54. An act to establish a d spensary in Greensboro, 376 

25). An act to protect and utilize reclaimed swamp or low lands, 380 

256. An act to improve the roads in New Hanover county, 381 

257. An act to provide for working the public roads in Macon county and for other purposes, 387 

258. An act to validate the registration of certain conveyances, 39* 

259. An act to amend chapter five hundredand nine of the laws of eighteen hundred and ninety- 

one, relative to the graded schools of Wilson township in Wilson county, 391 

260. An act to appoint J. W. Johnson, D. B. Campbell, and David J. Ray, justices of the peace 

for Quewhipple township, Cumberland county, }9i 



Captions of the Public Laws. xix 

Chap. Page. 

261. An act to fix the fees of registers of deeds for recording crop liens and chattel mortgages, 392 

262. An act to amend chapter thirteen of the public laws of eighteen hundred and ninety-seven, 392 

263. An act to suppress the illegal sale of spirituous liquors in Mitchell county, 393 

264. An act to repeal chapter one hundred and eighty of the laws of eighteen hundred and 

ninety-seven, 394 

265. An act to amend chapter one hundred and forty-four, laws of eighteen hundred and ninety- 

five, in regard to levying a special tax for the county of Graham, 394 

266. An act to establish graded schools in the town of Morgan'on, 395 

267. An act in relation to the public school in the town of Mount Airy, and providing for the 

levying of a tax to support the same, 397 

268. An act to establish a dispensary for the town of Madison, North Carolina, 400 

269. An act lor the establishment of a graded school in the town of Albemarle, Stanly county, 405 

270. An act to change the boundary line between Grassy Creek and Hilton townships, in Ashe 

county, 408 
2-t. An act to authorize the commissioners of Carteret county to apply certain surplus funds to 

the payment of current expenses and floating debt, 408 

272. An act to extend the time for the settlement of state and county taxes of Buncombe county, 409 

273. An act to amend section twelve of chapter lour hundred and ten of public laws of eighteen 

hundred and ninety seven in relation to dispensary at Rutherfordton, 409 

274. An act to authorize the commissioners of Transylvania county to levy a special tax to meet 

general indebtedness, 410 

275. An act for the relief of Annie L. Winston, of Caswell county. 410 

276. An act to establish a dispensary at Clayton, North Carolina, 411 

277. An act to provide for proving town ordinances on appeal from mayor's court, 414 
27S. An act lor better roads in Wake county, 415 

279. An act to prevent hunting on lands in Rowan county without consent of owner of land, 415 

280. An act to prevent the ranging of live stock in Graham county by nonresidents, 416 
2S1. An act to prohibit the manufacture and sale of spirituous liquors within three miles of 

Centre Presbyterian church, Davidson township, in Iredell county, 417 

282. An act to change the name of Shelter creek, in Pender county, 417 

2S3. An act to more effectually protect schools and religious gatherings in Jackson county, 417 

284. An act for the relief of S. D. Dellinger. of Yancey county, 4J8 

285. An act to protect mountain trout in Graham, Watauga, Cherokee, Clay, Macon, Haywood 

counties, 418 

286. An act to repeal chapter two hundred and seven of the public laws of eighteen hundred 

and ninet)'-five, and chapter one hundred and seventy-three of the public laws of eight- 
een hundred and ninety seven, and to provide for the working and improvement of the 

public roads in Watauga, Ashe and Alleghany counties, 419 

287. An act to prevent the obstruction of Ward's creek or its tributaries, in number eleven 

township, Cleveland county, 431 

288. An act to prevent felling timber in certain streams of Iredell county, 431 

289. An act to amend chapter one hundred and seventy-two of the public laws of eighteen hun- 

dred and ninety one, in regard to hunting birds in Alexander county, 432 

290. An act to provide a stock law for New Hanover county, 432 

291. An act to regulate the lees of cotton weigher of the city of Statesville, 433 

292. An act to authorize the board of commissioners of Anson county to levy a special tax, 434 

293. An act to abolish the criminal circuit court composed of the counties of Buncombe, Mad- 

ison, Haywood, Henderson a:nd McDowell, 434 

294. An act authorizing the secretary of state to issue a land grant to Milton Moss, Jr., 435 

295. An act to prohibit the sale of wine, bounce or medicated bitters in Poplar Branch town 

ship, in Currituck county, 436 

296. An act to prevent the obstruction of the waters of Jonathan's creek in Haywood county, 436 

297. An act to increase the number of county commissioners of Wake county, and for other 

purposes, 437 

298. An act to allow the board of commissioners of Robeson county to work convicts upon the 

public roads of said county, 4,8 
*99- An act to amend chapter one hundred and forty-five of the public laws of eighteen hun- 
dred and ninety-seven, 430 
goo. An act to authorize the commissioners of Haywood county to levy a special tax, 440 
joi. An act to give Granville county two additional commissioners, 440 



xx Captions of the Public Laws. 

CHAP. PAGB. 

302. An act to amend and add to section three thousaud six hundred and fifty-four of The Code, 

as to the registration of deeds, 441 

303. An act to amend chapter three hundred and fifty-three, public laws of eighteen hundred 

and ninety-five, and to repeal chapter four hundred and thirty-five, public lawsof eight 

een hundred and ninety seven, 44* 

304. An act regulating the fees for recording and probating crop liens in Bertie, Hertford and 

Northampton counties, 44 2 

305. An act to amend section two. of chapter three hundred and sixty two of the public laws of 

eighteen hundred and eighty-nine, 442 

306. An act to restore to the Caldwell and Watauga Turnpike Company that portion of its road 

from near Patterson, North Carolina, to the incorporate limits of Lenoir, North Carolina, 443 

307. An act to authorize the commissioners of Forsyth county to levy a special tax for paying 

the court-house debt, and for other purposes, 443 

308. An act to authorize Rutherford county to levy a special tax to pay back indebtedness of the 

county, 444 

309. An act to provide for the collection of certain delinquent and unlisted taxes in Wilkes 

county, 444 

310. An act to regulate fishing in Bachelors bay and the Albemarle sound, and to amend chap- 

ter two hundred and forty- five of the public laws of North Carolina, session eighteen 
hundred and ninety-five, 445 

311. An act for the better government of the deaf and dumb and the blind, 446 

312. An act to repeal cnapter one hundred and seventy six, public laws of eighteen hundred 

and ninety-seven, 447 

313. An act to make it unlawful to fell trees in the following named streams of Cherokee and 

Clay counties, to wit: Shooting creek, Tusquittee creek, and Hiawassee river, in Clay 
county, and Hanging-dog creek, Valley river, Notla river, and Hiawassee river, in Cher- 
okee county, 447 

314. An act to permit W. T. Cross, clerk of the superior court of Gates county, to absent himself 

from his office on certain days, 447 

315. An act to levy a special tax in Alleghany county. 448 

316. An act to change the line between McNeill's and Greenwood townships, in Moore county, 449 

317. An act to establish a dispensary in the town of Lexington, 449 

318. An act to amend an act to prohibit live stock from running at large in Cross Creek town- 

ship, Cumberland county, 452 

319. An act to change the voting place and boundary line of Walnut Hill township, in Ashe 

county, 453 

320. An act to amend chapter two hundred and eighty-seven, public laws of eighteen hundred 

and ninety-one, relating to the sale of baled cotton, 454 

321. An act for the relief of Enoch Rector, treasurer of Madison county, 454 

322. An act to prevent the obstruction of the waters of Fishing creek, in Wilkes county, 455 

323. An act to prevent the obstruction of navigation on North river and Currituck sound, in 

Currituck county, by timber-getters, 455 

324. An act for the relief of F. M Straughan, janitor of the capitol, 456 

325. An act to regulate the sale of spirituous liquors in Macon county, and to provide for a dis- 

pensary, 456 

326. An act to allow the commissioners of Gates county to levy a special tax, 461 

327. An act to extend the stock law in Chatham county, 462 

328. An act to authorize the issue of bonds by Raleigh township for school purposes, 463 

329. An act to establish a graded school in a new district in the town of Dobson and provide for 

a special assessment of taxes and authorize said district to issue bonds, 465 

330. An act to make Neuse river in Johnston county a lawful fence, 469 

331. An act to protect the fish of Transylvania county, 469 

332. An act to chancre the time of holding the spring term of Nash county criminal court, 469 

333. An act to provide for the appointment of additional commissioners of Warren county, 470 

334. An act supplemental to an act ratified January eighteenth, eighteen hundred and ninety- 

nine, entitled "An act to provide for working public roads in Washington county," 470 

335. An act to amend chapter sixty-seven, public acts eighteen hundred and eighty- seven, in 

and for the better protection of mechanics and laborers, 471 



Captions of the Public Laws. xxi 

OHAP. PAGE. 

336. All act to increase the number of terms of the superior court held in Pasquotank county 

from two to four, 471 

337. An act to authorize the treasurer of Cherokee county to pay Miss Effie V. Welch the sum 

of eleven dollars and ninety cents. 47* 

338. An act to pay Lillian Hill money due by Randolph county for teaching district school num- 

ber fifteen, new, old number seventy-nine, 472 

339. An act to amend section one of chapter five hundred and one of the public laws of eighteen 

hundred and ninety three, 473 

340. An act to amend chapter one hundred and forty nine, public laws of eighteen hundred 

and eighty five, to drain the lowlands lying in the counties of Rowan, Davidson, Davie 
and Catawba, 473 

341. An act to appoint a cotton weigher for the town of Enfield, 473 

342. An act to provide an appropriation of five thousand dollars for the immediate incidental 

expenses of the State's Prison, 475 

343. An act to change the township lines of certain townships in Alamance county, 475 

344. An act to prohibit the manufacture and sale of spirituous liquors within three miles of 

Holt's chapel, at Glencoe Cotton Mills, in Alamance county, 476 

345. An act to authorize the board of commissioners for Jackson county to settle with John E. 

McLain and his sureties and R. F. Alli-ion and his sureties, 47* 

346. An act to increase the number of commissioners for Northampton county, 477 

347. An act to establish a dispensary in Clinton, North Carolina, and to regulate the sale and 

manufacture of liquor in Sampson county, 477 

348. An act to improve road and establish a toll-gate on the Mulberry Gap road, 482 

349. An act for the relief of the commissioners of the town of Leaksville, in Rockingham county, 

North Carolina, 484 

350. An act to amend section one of chapter one hundred and forty-one of the public laws of 

eighteen hundred and ninety seven, 48S 

351. An act to empower the commissioners of Swain county to issue bonds for the purpose of 

paying off the indebtedness of said county, contracted and incurred by said county for 

the necessary expenses thereof, 4^5 

352. An act to prohibit hunting on any lands in Surry county except by permission of owners, 488 

353. An act to provide for working the public roads of Cumberland county, 488 

354. Au act to prevent persons hunting birds or any other game on another person's land in 

Wake county without their consent, 491 

355. An act to provide for the care and treatment of the insane and inebriate Croatan Indians, 492 

356. An act to validate all stock law elections heretofore held in Johnston county, and to give 

the county commissioners control of all stock law territories in said county, 492 

357. An act for the better government of Forsyth county, 494 

358. An act to allow Tyrrell county to levy special tax, 495 

359. Au act to allow the board of commissioners for Jackson county to levy a special tax, 497 

360. An act to prohibit hunting or fishing on any lands in Wilkes county except by consent of 

owner, 497 

361. Au act to repeal chapter four hundred and twenty-nine, public laws of eighteen hundred 

and ninety-five, 49® 

362. An act in relation to public schools in the town of Maxton, 498 

363. An act to levy a special tax for Ashe county, 500 

364. Au act to allow the bjard of commissioners of Greene county to levy a special tax, 501 

365. An act to allow Lincoln county to levy a special tax, 501 

366. An act to fix the time for holding courts of Robeson county, 502 

367. Au act to appoint justices of the peace for certain counties in North Carolina,- 502 

368. An act to establish a dispensary at Seaboard, in Northampton county, 504 

369. Au act supplemental to an act entitled "An act to prevent the sale of adulterated and mis- 

branded food, and to make more effective the provisions of chapter one hundred and 
twenty-two public laws of eighteen hundred and ninety five," 508 

370. An act to provide for the government of the "North Carolina College of Agriculture and 

Mechanic Arts." 5°9 

371. An act to establish the western district criminal court, 511 

372. An act to amend chapter one hundred and fifty one of the public laws of eighteen hundred 

and ninety-seven, concerning the election of cotton weighers for the city of Raleigh, 518 



xxii Captions of the Public Laws. 

CHAP. l 'AGB. 

373. An act to establish a bureau of labor and printing, 519 

374. An act to abolish the county board of education, 521 

375. An act relating to the pubic roads in Lexington township and other townships in David 

son county, and extending certain provisions of the Mecklenburg road law to said town- 
ships, 5 2 > 

376. An act to empower the county commissioners of Pitt county to levy a special tax, 525 

377. An act to repeal chapter eighty five, laws of eighteen hundred and ninety-seven, and to re 

form the department of agriculture, immigration and statistics, 526 

378. An act lor the better drainage of lowlands in Gaston and Lincoln counties, 534 

379. An act to authorize the commissioners of Beaufort county to levy a special tax, 535 

380. An act to change the time of holding superior court in the counties of Macon, Clay, Cher 

okee, Graham and Swain in the twelfth judicial district, 535 

381. An act to repeal chapter seventy-five (75) public laws of eighteen hundred and ninety-one. 536 

382. An act tor the better drainage of the lowlands in Forsyth county, 537 

383. An act to authorize the county of Nash to levy a special tax, 539 

384. An act to promote the comfort of travellers on railroad trains, and for other purposes, 539 

385. An act to change the time of holding the courts of Union and Stanly counties, 540 

386. An act for the relief of George A. Gash, of Henderson county, 541 

387. An act to amend chapter five hundred and seventy-one, public laws of the year eighteen 

hundred and ninety-one, relating to the free passage offish in the Yadkin river, 542 

388. An act to extend the time to compromise, commute and settle the state debt, 542 

389. An act to amend chapter five hundred and forty-nine of the public laws of eighteen hun- 

dred and ninety-one, 543 

390. An act to amend an act to establish and provide for the militia and for the support and 

maintenance of the state guard, ratified March sixth, eighteen hundred and ninety- 
three, 543 

391. An act to extend the time of settlement of the county taxes of Martin county, 546 

392. An act to repeal chapter one hundred and fifty-seven (157) of the public laws of eighteen 

hundred and ninety-five, relating to the elections of justices of the peace, 546 

393. An act to repeal chapter four hundred and twenty-one, public laws of eighteen hundred 

and ninety seven, 54 6 

394. An act to appoint C. Thompson a justice of the peace in Bryan township, Surry county, 547 

395. An act to appoint justices of the peace for Johnston county, 547 

396. An act to amend section one thousand three hundred and eight of The Code, 547 

397. An act to provide for trustees of the Colored Normal School at Goldsboro, 548 

398. An act to provide a local board of managers of the State Colored Normal School at Fayette- 

villc, 548 

399. An act for the relief of certain ex-Confederate soldiers, and widows of such soldiers, 549 

400. An act to place Mrs. Emily Page, of Robeson count3 f , on the pension list, 550 

401. An act for the protection of the executor and commissioners of the estate of the late 

Dr. John C. Terrell, of Person county, 550 

402. An act to authorize the treasurer of Surry county to pay a certain school claim, 550 

403. An act for the relief of Lizzie York, 551 

404. An act to prevent dutch net fishing in Bath creek and its tributaries, 551 

405. An act to regulate fishing in Big and Little Flatty creeks, 55 2 

406. An act for the relief of W. M. Peele of Wayne county, 552 

407. An act to protect partridges in Richmond county, 

408. An act to allow the board of county commissioners of Hyde county to levy a special tax, 553 

409. An act to establish graded schools in the town of Washington, 553 

410. An act to make labor day a legal holiday, 557 

411. An act to continue in force chapter four hundred and forty-six of the laws of eighteen hun- 

dred and ninety-seven, 557 

412. An act supplemental to an act entitled " An act to regulate fishing in Bachelor's bay and 

the Albemarle sound, and to amend chapter two hundred and forty-five of the public 

laws of North Carolina, session eighteen hundred and ninety-five." 558 

413. An ai-t to repeal chapter four hundred and thirty three of the public laws of eighteen 

hundred and ninety-five, 558 

414. An act to amend section two thousand eight hundred and sixteen of The Code, 558 



Captions of the Public Laws. xxiii 

CHAP. PAGE. 

415. An act to allow the commissioners of Wilkes county to levy a special tax, 550 

416. An act to amend chapter two hundred and ninety-seven, laws of eighteen hundred and 

eighty-five to increase the no-feuce territory in the county of Pitt, near the Greene 
county line. 559 

417. An act to authorize the commissioners of Alexander county to levy a special tax to build 

a court-house and jail, 56c 

418. An act relative to trials by justices of the peace in New Hanover county, 561 

419. An act to provide for the appointment of a cotton-seed weigher for the town of Franklin- 

ton, 562 

420. An act to repeal chapter two hundred and sixty-nine of the public laws of eighteen hun- 

dred and ninety-seven, 56J 

421. An act to repeal chapter two hundred and sixty-two, public acts of eighteen hundred and 

ninety- seven, 56; 

422. An act to amend chapter one hundred and forty-five, public laws eighteen hundred and 

ninety-seven, 565 

423. An act to repeal chapter three hundred and seven of the public laws of eighteen hundred 

and ninety-seven, and to change certain counties in the seventh, eighth and ninth con- 
gressional districts, 564 

424. An act to authorize the commissioners of Caldwell county to levy a special tax to build n 

jail, 564 

425. An act to appoint justices of the peace for Harnett county, 565 

426. An act for the protection of poultry and birds in Davidson county, 566 

427. An act to pay George S. Leeper, colored, for teaching public school in Gaston county, 566 

428. An act to authorize the appointment of William P. Ledbetter, the surveyor of Anson 

county, deputy clerk of the supe ior court of Anson county, 567 

429. An act to provide for a stock law fence in a certain district in Beaufort county, 567 

430. An act to amend the charter of the Concord graded school, 570 

431. An act to amend chapter forty of the acts of eighteen hundred and ninety-five, regulating 

the holding of courts in Randolph county, 571 

432. An act to amend chapter four hundred and eleven, public laws of eighteen hundred and 

ninety seven, in relation to Bethlehem church, in Pitt county, 571 

433. An act to repeal chapter three hundred and fifty- two of laws of eighteen hundred and 

eights' five, 57- 

434. An act to make Runyon's or Snod's creek, in Beaufort county, a lawful fence, 572 

435. An act to amend chapter one hundred and fort3'-five ol the public laws of eighteen hun- 

dred and ninety-seven, 572 

436. An act to restore concurrent criminal jurisdiction to the superior courts of Warren county 573 

437. An act to establish a stock law in certain portions of Nash county, 573 

438. An act to authorize the commissioners of Caswell county to levy a special tax, 574 

439. An act to regulate the shooting of wild fowl in the waters of Carteret county, • 575 

440. An act to regulate fishing in the waters of New Hanover county, 576 

441. An act to repeal chapter eighteen of the laws of eighteen hundred and eighty-three, 576 

442. An act to amend chapter three huudred and ninety-nine of the public laws of eighteen 

hundred and ninety-three, 577 

443. An act to repeal chapter five huudred aud forty-four of the laws of eighteen hundred and 

ninety-one, suspending the operation of chapter forty-nine of The Code of North Car- 
olina in certain cases, and repealing certain provisions of other acts, 577 

444. An act to' authorize school districts to pay for making out tax lists of property listed for 

taxation in such district for special school purposes, 578 

445. An act authorizing the board of directors of the State's Prison to complete the Quaker 

Bridge road through the White Oak pocosin, in Onslow and Jones counties, 578 

446. An act to authorize the commissioners of Person county to issue bonds to pay indebtedness 

of the county. 57Q 

447. An act to authorize and empower'the speaker of the house to appoint three commissioners 

to represent the state of North Carolina at the Paris exposition in nineteen hundred, 580 

448. An act to change the time of holding the superior courts of Wilson county, 581 

449. An act to provide for the building and keeping in repair the public roads in Polk county, 581 

450. An act to increase the number of commissioners for Lincoln county, s^ : 



xxiv Captions of thr Public Laws. 

CHAP. PAGE. 

45f. Au act to authorize the secretary of state to furnish the clerk of the superior court of Clay 

county with certain volumes of supreme court reports, 584 

45.'. An act supplemental to au act entitled "An act relating to the department of agriculture, 
and taking from the board of commissioners of said department the power to contract 

for buildings," 584 

453. An act to prohibit the throwing of sawdust in the waters of Swain, Henderson, Madison 

and Transylvania counties, 584 

454. An act for the relief of John C. McLauchlin clerk of the superior court of Anson county, 585 

455. An act relating to the public schools of Buncombe county, 585 

456. An act to protect the public roads of Camden county, N. C , ■ 586 

457. An act to amend section three thousand four hundred and forty -five of The Code. 586 

458. An act to establish a school district out of part of Ashe and Alleghany counties, 587 

459. An act to establish Mars Hill township in the county of Madison, 588 

460. An act to amend the charter of Concord, 588 

461. An act to permit judgments by default at any criminal term of Durham superior court, 589 

462. An act to amend section six of chapter two huudred and thirty -five, laws of eighteen hun- 

dred and eighty-nine, 590 

463. An act supplemental to an act ratified at the present session of the general assembly, "An 

act to provide a short form for agricultural liens aud to prescribe the fees for probating 

and registering the same in Johuston, Iredell and Columbus counties," 590 

464. An act to appoint additional justices of the peace in and for Edgecombe county, 590 

465. An act to prohibit fishing in the mouth of Frying Pan creek in Tyrrell county, 592 

466. An act to establish a stock law in all that portion of North Whitaker's township, Nash 

county, not now covered by stock law, 592 

467. An act to provide for the election of county commissioners for Johnston county, 593 

468. An act to authorize Monroe township in Union county to issue bonds for the improvement 

of the public roads of said township, 593 

469. An act to regulate the time of holding the superior courts of Cabarrus and Montgomery 

counties, 598 

470. An act to appoint additional magistrates for Lenoir county, 599 

471. An act to establish the eastern district criminal court, 599 

472. An act to establish public schools in Chadbourn township, with a special tax supplemental 

thereto, 608 

473. An act to amend chapter one hundred aud twenty-two of the public laws of eighteen hun- 

dred and ninety-seven, 612 

474 An act to repeal chapter four hundred and sixteen of the public laws of eighteen hundred 

and ninety-five, in regard to birds of Iredell county, 612 

475 An act to increase the number of commissioners of Pamlico county, 612 

476. An act to change the time of holding superior court in the county of Franklin, 613 

477. An act for the protection offish and game iu Steele's township, Richmond county, 614 

478. An act to regulate the holding of inquests in Northampton county, 614 

479. An act to amend chapter forty-one. public laws of eighteen hundred and ninety-seven, 614 

480. An act to proh'bit the sale of liquors in the county of Columbus, and to provide for a dis- 

pensary at the town of Whiteville. 615 

481. An act to protect the Fries Electrical and Power Plant of Forsyth county, 621 

482. An act to provide for the appointment of the janitor of the supreme court building. 622 

483. An act to provide a dispensary for the county of Warren, 622 

484. An act to authorize the condemnation of foot paths to school houses in Durham county, 628 

485. An act to establish graded schools in the town of Wa3'nesville, and to provide for the issu- 

ance of bonds for electric lights, 629 

486. An act in relation to the public school in the town of Pilot Mountain, North Carolina, and 

providing for the levying of a tax to support the same, 63S 

487. Au act to revise aud consolidate the stock law in Robeson county, 634 
4S8. An act to restore good government to the counties of North Carolina, 641 

489. An act to authorize the board of county commissioners of Camden county, North Caro- 

lina to levy a special tax, 642 

490. An act to authorize the board of county commissioners of Cabarrus county to issue bonds, 642 
4.91. Au act to amend chapter two hundred and eighty-eight, acts of eighteen hundred and 

ninety-five, publiclaws, relating to the spring terms of the superior courts of Bertie and 

Craven counties, 644 



Captions op the Public Laws. xxt 

OHAP. PAGE. 

492. An act for the protection of oysters in Topsail sound, Pender county, North Carolina, 645 

493. An act to amend chapter four hundred and forty-nine of the public laws of eighteen hun- 

dred and ninety-seven, the same being an act to regulate the sale of liquors in Union 
county, 646 

494. An act to amend section two thousand three hundred and twenty of The Code, 648 

495. An act to amend section three thousand four hundred and ten of The Code, 648 

496. An act to permit the qualified voters of the town of Morganton to vote both upon the ques- 

tion of licensing saloons and selling liquors only through a dispensary, 649 

497. An act to amend section three thousand seven hundred and ninety-seven of The Code, • 650 

498. An act to regulate the sale of spirituous liquors in the town of Beaufort, in Carteret county, 651 

499. An act to amend an act entitled " An act to authorize the board of commissioners of Beau- 

fort county to issue bonds and levy a special tax center." being chapter two hundred 
and forty-five of the laws of eighteen hundred and ninety-seven, and ratified the fifth 
day of March, eighteen hundred and niuets'-seven, 651 

500. An act to authorize the board of commissioners of Burke counts' to build a bridge across 

the Catawba river, where said river is the county line, if they deem it necessary, 652 

501. An act to amend section three thousand six hundred and sixty-four of The Code, 652 

502. An act to change and regulate the limes of holding the superior courts of the twelfth judi- 

cial district, 653 

503. An act to authorize the commissioners of Caldwell county to build a jail, 654 

504. An act to establish Washington avenue supplemental school district, 655 

505. An act for the relief of J. N. Edwards, clerk superior court of Alleghan}' county, North 

Carolina, 658 

506. An act to repeal the railroad commission, 658 

507. An act to regulate elections, 65S 

508. An act in regard to removal of cases from one county to another, 687 

509. An act to provide for improvements at the State Normal and Industrial College, 688 

510. An act to make it unlawful for live stock to run at large in certain portions of Cumberland 

county, 688 

511. An act to regulate the times for holding the superior courts for the sixth judicial district, 690 

512. An act to authorize the commissioners of Duplin county to levy a special tax for the pur- 

pose of building a causeway across Goshen swamp, 691 

513. An act to permit the sale of liquors on the Atlantic hotel property in Morehead City, North 

Carolina, 691 

514. An act to provide the manner of elections and the registration of voters in cities and towns, 

and for elections upon local questions in counties and townships, 692 

515. An act to appoint additional justices of the peace in certain townships in North Carolina, 697 
.5 16. An act to ratify and confirm the laying out and establishing of a public road from a point 

in the Boone and Blowing Rock Turnpike road near Joe Winkler's', thence by way of 
Teague's mill to the junction of the Caldwell and Watauga and the Yonahlossee Turn- 
pike roads, 708 

517. An act to establish a road from Nathan Weaver's, in Alleghany, through Ashe county, to 

the Virginia state line, near Lee Lane's residence, 709 

518. An act to authorize the township of Mount Airy, in Surry county, to issue refunding bonds, 71* 

519. An act to elect justices of the peace for Stokes county, 712 

520. An act to abolish the criminal circuit, composed of the counties of Buncombe, Madison, 

Haywood, Henderson and McDowell, 713 

521. An act to prohibit fishing in Black river, in Pender county, for two years, 713 

522. An act to appoint H illiam H. Long a justice of the peace, and for other purposes, 714 

523. A bill to amend chapter four hundred and thirty one, public laws of eighteen hundred and 

ninety-seven, relative to obstructions in the Catawba river, 714 

524. An act to protect oysters in New Hanover county, 715 

525. An act to establish graded schools in the town of Mount Olive, North Carolina, 716 

526. An act appointing D. Worthington, Esq., a justice of the peace, 718 

527. An act to amend the Mecklenburg road law and as amended, that the same be the road 

law for Guilford counts', 719 
52S. An act to amend section one, chapter fifty-nine (59) of the public laws of eighteen hundred 

and eighty-three (1883). 721 

}2c. An act for the relief of D. A. Blue, tax collector for the town of Southern Pines, 721 



xxvi Captions of the Public Laws 

CHAI". PAGE. 

530. An act to repeal chapter four hundred and eleven, laws of eighteen hundred and ninety- 

five, 722 

531. An act to amend section two thousand one hundred and twenty-two of The Code, relating 

to widows' allowance, 7 22 

532. An act to provide lor a finance committee for Mitchell county, and for other purposes, 723 

533. An act to authorize the commissioners of Montgomery county to use a part of special tax 
money to build a bridge across Clark's creek on Turnpike road two miles north of Mount 
Gilead, 724 

5344 An act to authorize the commissioners of Gaston county to levy a special tax, 725 

535. An act to authorize the commissioners of Halifax county to issue bonds to pay the indebt- 
edness of said county, 725 

536. An act to prohibit the sale of intoxicating liquors in Jackson township, Northampton 

county, 726 

537. An act for the relief of Mary K. Rouse, of Columbus county, 727 

538. An act to amend chapter three hundred and eighty of the public laws of eighteen hundred 

and eighty-seven, 727 

539. An act supplemental to an act entitled "An act to establish a bureau of labor and print- 

ing," ratified the third day of March, eighteen hundred and ninety-nine, 728 

540. An act to amend section two thousand two hundred and twenty-seven, and section two 

thousand two hundred and twenty-eight of The Code, 729 

541. An act to amend sections eighteen hundred and fifteen and eighteen hundred and eighteen 

of The Code, relating to the form and record of marriage license, 729 

542. An act to protect cattle from splenetic fever and other diseases, in certain parts of this 

state, 730 

543. An act to repeal chapter four hundred and twenty-seven of the laws of eighteen hundred 

and ninety-seven, and chapter five hundred of the laws of eighteen hundred and ninety- 
seven, providing for the working of the public roads of Wilson county. 731 

544. An act to establish a new township in Surry county, 731 

545. An act supplemental to an act to prohibit hunting in Halifax county, except by written 

consent of the land owner, 732 

546. An act to improve the public roads of Coddle Creek township, in Iredell county, 732 

547. An act to establish graded schools in the city of Newbern, 735 

548. An act to refund the bonded indebtedness of Person county, 736 

549. An act to prevent the manufacture and sale of any spirituous, vinous or malt liquors within 

the county of Jackson, 737 

550. An act to prevent the obstructing of Harris creek in Jacksonville township in the county 

of Onslow, 738 

551. An act in reference to local option, 739 

552. An act ior the 'elief of the principals of the Henderson public schools, 739 

553. An act to give Cumberland county additional terms of the superior court, 740 

554. An act to create a school district in Sampson county, 741 

555. An act to abolish county board of education, school committees and county supervisor, 741 

556. An act appointing additional justices of the peace for Craven county, 742 

557. An act for the relief of T. P. Wilcox, ex-sheriff of Pasquotank county, 744 

558. An act to provide for a dispensary for the town of Bryson City, in Swain county, North 

Carolina, 744 

559. An act to allow the working of convicts on the public roads of Franklin county, 749 

560. An act to provide for the drainage of Hominy swamp, 751 

561. An act to incorporate the Slater Industrial and State Normal School of Winston-Salem, 

North Carolina, 752 

562. An act to provide couvicts for working the public roads of Chatham county, 755 

563. An act to authorize the commissioners of Mecklenburg county to issue bonds to macadam- 

ize and improve the public roads thereof, 756 

564. An act to establish a dispensary at Selma, North Carolina, 757 

565. An act to create a new township in Alleghany county, 761 

566. An act to fund the bonded indebtedness of Murfreesboro township, in Hertford county, 762 

567. An act changing the county line between Alleghany and Wilkes counties, 763 

568. An act relating to February term ofthe superior court of Craven county, 764 

569. An act to allow the county of Alamance to issue bonds for permanent road improvement, 764 



Captions op the Public Laws. xxvii 

HAP. PAGE. 

570. An act to provide funds for the erection of a monument to the memory of Zebulon B. Vance, 766 

571. An act for the relief of John t, Phelps, sheriff of Washington county, 766 

572. An act for the relief ofS. M. Transon and son, and Miss Ella Mastin, of Ashe county, 766 

573. An act to make part of Roaring river, in Wilkes county, a lawful fence, 767 

574. An act to prohibit the sale of whiskey in the town of Shelby except upon prescription of 

physician, 767 

575. An act to require the secretary of state to pay over to the state treasurer accumulated land 

grant funds, 768 

576. An act to promote the cultivation of shell-fish in Brunswick county, 769 

577. An act to provide for appointments ol trustees for Plymouth Normal School, 772 

578. An act to amend chapter sixty-eight of the public laws ofeighteen hundred and ninety- 

seven, entitled an act regulating the probate and registration fees on crop liens, 773 

579. An act to amend chapter three hundred and thirty-three of the public laws of eighteen 

hundred and ninety-seven, 774 

580. An act to amend chapter three hundred and ninety-five (395) of the public acts ofeighteen 

hundred and ninety-seven (1S97), to prohibit the manufacture and sale of liquor near 
certain churches in the state, 774 

581. An act to provide for the better working of the public roads and highways of the state, 775 

582. An act to restore in full force and effect section three thousand three hundred and seventy- 

seven of The Code, 786 

583. An act for the relief of Robert A. McEachein, administrator of the estate of Hector McEach- 

ern, late sheriff of Robeson county, 7S7 

584. An act to amend chapter two hundred and fifteen of the acts of eighteen hundred and 

eighty-nine, 787 

585. An act to require persons desiring to pick deer tongue or whortleberries to obtain written 

consent of owner of land, 788 

586. An act to appoint E. S. Simmons a justice of the peace, and for other purposes, in the 

county of Beaufort, 789 

587. An act to incorporate The Moore's Creek Monumental Association, 789 

588. An act for the relief of lames C. Wall, late sheriff of Stokes county, 790 

589. An act to provide for repairing Pungo turnpike, in Washington county, 792 

590. An act to provide an office for the commissioner of insurance, 792 

591. An act to supplement an actt-ntitled ''An act to amend chapter five hundred and forty- 

nine of the public laws of eighteen hundred and ninety-one, increasing the board of 
trustees ot the Agricultural and Mechanical College for the Colored Race," 793 

592. An act to amend chapter two hundred and fifteen (215) of the public laws of eighteen hun- 

dred and ninety-three (1893I, 793 

593. An act to regulate the times of holding courts in the tenth judicial district, 794 

594. An act to change the time of holding the courts in the ninth judicial district, andtoamend 

an act entitled " An act establishing the western district criminal court," 796 

595. An act to amend chapter four hundred and fifty of the public laws of eighteen hundred 

and ninety-one, 798 

596. An act to provide for the burning of certain buildings in McDowell county, which are in- 

fected with small-pox germs, 799 

597. An act to declare a certain road a highway, 799 

598. An act to amend chapter four hundred and seventeen, public laws of eighteen hundred 

and ninety-one, relating to the establishing of the geological survey of the state, 799 

599. An act to amend section two hundred and thirty-one of the public laws of eighteen hun- 

dred and ninety-seven, being "An act to improve the roads in Union county by taxa- 
tion," and for other purposes, 800 

600. An act to amend chapter three hundred and eighty of the laws of eighteen hundred and 

eighty-nine, 801 

601. An act to provide for the filling of vacancies which may occur in the board of directors of 

the State's Prison of North Carolina, 801 

602. An act to establish a public ferry across Rocky river between the counties of Anson and 

Stanly, 802 

603. An act to protect Sunday schools and churches in Haywood county, 803 

604. An act giving the clerk of the western district criminal court for Madison county power to 

probate deeds and other instruments, 803 



xxvin Captions of the Public Laws. 

CHAP. PAGE 

605. An act to include in one bill the names of all the ex-Confederate soldiers entitled to pen- 

sions, as reported by the committee on pensions and Soldiers Home, 804 

606. An act to authorize the county commissioners of Orange county to issue bonds to pay the 

floating debt of said county, and to levy a special tax to pay the interest thereon, and to 
provide a sinking fund to pay said bonds, 808 

607. An act to authorize and direct the issuing of state bonds to pay off the debts of the State's 

Prison, and for other purposes, 810 

608. An act to prevent public drunkenness, 812 

609. An act to increase the number of commissioners for Mecklenburg county, 813 

610. An act to provide waterworks and sewerage at the University of North Carolina, 813 

611. An act to amend chapter two hundred and forty-nine of public laws of eighteen hundred 

and ninety-seven, 813 

612. An act to amend chapter two hundred and sixty-six of the public laws of eighteen hundred 

and ninety-five, establishing graded schools in the town of Hendersonville, 818 

613. An act in respect to filling vacancies in the judicial department, 818 

614. An act to appoint Newit Cox and W. G. Pope justices of the peace in and for Britt's town- 

ship, in Robeson county, 819 

615. An act for the relief of John C. McLauchlin, clerk of the superior court of Anson county, 819 

616. An act to extend the time of settlement of J. F. Teague for state and county taxes, 820 

617. An act to repeal section two, (2), chapter two hundred and twelve (212), public laws of eight- 

een hundred and ninety-seven (1887), 82* 

618. An act to amend chapter nineteen of the laws of eighteen hundred and eighty-five, and 

chapter three hundred and eighty of the laws of eighteen hundred and ninety-three, and 
to provide for amending the charter or letters patent of a corporation granted under 
chapter sixteen (16) of The Code, and the laws amendatory thereof, 820 

619. An act for the relief of blind ex-Confederate soldiers, 821 

620. An act to review, la3 - off and establish a public road from near Cook's Gap of the Blue 

Ridge, in Watauga county, North Carolina, to intersect with the Yadkin Valley road at 

or near I,. E). Davis' roller mills, in Wilkes county, North Carolina, 822 

621. An act for the relief of the board of education and certain teachers of Hertford county, 823 

622. An act to amend sections three thousand six hundred and twenty-three and three thou- 

sand six hundred and thirty-nine of The Code, 824 

623. An act for the payment of school claim in Randolph county, 825 

624. An act to establish graded schools in Lincolnton, 825 

625. An act to prevent persons from beating their way on railroad trains in this state, 82Z 

626. An act to repeal chapter four hundred and forty-one, public laws of eighteen hundred and 

ninety-seven, creating Beaver Dam township in Washington county, 828 

627. An act for the relief of H. C Kearney, sheriff of Franklin county, 828 

628. An act to compel vagrants to work on the public roads or highways of this state. 829 

629 An act to authorize the board of commissioners of Union county to use certain funds for 

benefit of the home for the aged and infirm of said county, 830 

630 An act to prevent fast riding or driving across the public bridges in Craven county, 830 

631. An act supplementary to an act ratified the seventh day of Maich, eighteen hundred and 

ninety-nine, entitled "An act to authorize and direct the issuing of state bonds to pay 

off the debts of the State's Prison, and for other purposes," 831 

632. An act to incorporate the Chowan Educational Association in the county of Hertford, 832 
633 An act to amend chapter two hundred and eighty, laws of eighteen hundred and ninety- 
seven, 833 

634. An act relative to taxation of costs in suits before justices of peace in New Hanover county, 834 

635. An act to provide for the funding of the current indebtedness of Union county, and to pro- 

vide for the payment of the same, 834 

636. An act to remedy defects in the record of wills in Pamlico county, 835 
637 An act to appropriate one hundred thousand dollars to the public schools of North Caro- 
lina, 836 

638. An act to amend chapter fifty-seven (57), public laws of one thousand eight hundred and 

ninety-seven, 837 

639 An act to promote fish culture in the south fork of New river in Watauga county, 837 



Captions of the Public Laws xxix 

JHAP. PAGE. 

640. An act supplemental to "An act to ratify, confirm and approve the organization and in- 

corporation of the South Carolina and Georgia Extension Railroad Company of North 
Carolina,'' to grant it certain powers and to authorize it to consolidate with other rail- 
road companies, and to grant certain powers to any such consolidatrd company. 838 

641. An act supplemental to an act entitled ''An act to regulate the time of holding the supe- 

rior courts of Cabarrus and Montgomery counties." 838 

642. An act to amend an act ratified the sixth day of March, eighteen hundred and ninety- 

nine, and entitled "An act to establish the North Carolina Corporation Commission," 839 

643. An act to allow the commissioners of Mitchell county to levy a special tax, S39 

644. An act to abolish the second week of the May term of Vance superior court, 840 

645. An act to protect boarding-house keepers, 840 

646. An act to prohibit the manufacture and sale of spirituous, vinous and malt liquors in Chero- 

kee county, S41 

647. An act to amend chapter one hundred and fifty-six of the acts of eighteen hundred and 

ninety-five, and chapter three of the acts of eighteen hundred and ninety-seven, by 
putting the county of Northampton in the circuit criminal court established by said acts, 841 

648. An act to enable the county commissioners of Edgecombe county to fix the compensation 

for making out the tax lists, S42 

649. An act to prevent the placing of obstructions in Moccasin river to prevent the passage of 

fish, S43 

650. An act to appoint justices of the peace for Moseley Hall township, Lenoir county, North 

Carolina, 843 

651. An act to amend chapter one hundred and thirty-nine, public laws of eighteen hundred 

and ninety-five, 843 

652. An act to amend chapter ninety-two (92), laws eighteen hundred and ninety-five, 844 

653. An act to prohibit the hunting of birds on any land in Burke county without the consent 

of the owner, . 844 

654. An act amending section one of chapter two hundred and fifty of the laws of eighteen hun- 

dred and ninety-seven, 6 844 

655. An act to prevent fishing with pod or pyke nets in certain waters of Pamlico and Tar 

rivers, and certain of their tributaries, 845 

656. An act to prottct property owners on Rock creek, 845 
<57. An act for the relief of John K Hughes, sheriff and tax co'lector of Orange county, 846 

658. An act to appoint justices of the peace for Davidson county, 346 

659. An act to restore the school districts of Person county as they exi ted September twenti- 

eth, eighteen hundred and ninety-six, . 847 

An act for the relief of certain ex-Confederate soldiers, 847 

An act to extend stock law in Tabernacle township Randolph county, 84S 

An act to furnish certain supreme court reports to Pender county, 849 

An act to restore the stock law to Roanoke township, in Warren county, 849 
An act for the benefit of the North Carolina Institution for the Education of the Deaf and 

Dumb and Blind, 850 

665. An act regulating the use of and for the protection of meridian monuments and standards 

of measure at the several county seats in North Carolina, 850 

666. Pools, trusts and conspiracies unlawful combinations. An act providing for the punish- 

ment of pools, trusts and conspiracies, and as to evidence and pr> sedition in such cases, 852 

667. An act to amend section three thousand six hundred and thir'y-five (3635) of The Code, 854 

668. An act fur the reliel of Ella I. Phillips, of Edgecombe county, N >rlh Carolina, 855 

669. An act to provide for the investigation of the management of the state penitentiary and 

the st;ite agricultural depaitment, 855 

670. An act to protect water supplies, g,-- 

671. An act to provide a dispensary for the town and township of Bethel, Pitt county, North 

Carolina, g- 9 

672. An act to authorize the city of Wilmington and county of New Hanover to lease or pur- 

chase the Brunswick bridge and ferry, 86, 

673. An act to appoint W. J. Ross a justice of the peace for Harris township, in Stanly county, 866 

674. An act to amend chapter three hundred and ninety-five of the public laws of eighteen 

hundred and ninety seven, 867 



xxx Captions of the Public Laws. 

CHAP. PAGE. 

675. Au act to amend chapter nine section one of the public laws of eighteen hundred and 

ninety seven, concerning the May term of Alamance superior court, 867 

676. An act for the protection of foxes in Alleghany county, 867 

677. An act to appropriate funds lor the support and maintenance of the North Carolina School 

for the Deaf and bumb, 868 

678. An act to amend chapter fifty-seven of the public laws of eighteen hundred and eighty-one, 868 

679. An act for the maintenance ot the State's Prison of North Carolina, 869 

680. An act in relation to probate of wills. 869 

681. An act to provide for the election of a tax collector for Charlotte township, county of 

Mecklenburg, 870 

682. An act to review, lay out and amend the public road from Miller's Creek Post-office, in 

Wilkes county, to Creston Post-office, in Ashe county, 871 

683. An act to amend chapter seventy (70), section twelve, of the laws of eighteen hundred and 

eighty-three, 872 

684. An act to make appropriations for the State Hospitals, 872 

685. An act allowing the commissioners of Craven county to sell Nelson's ferry, 873 

686. An act to declare Lower Little river, in Cumberland county, a lawful fence, 874 

687. An act to authorize the Railroad Commission, the North Carolina Corporation Commission, 

or such board as shall succeed to their duties, to assess property which has escaped tax- 
ation, 874 
6SS. An act supplemental and amendatory to an act entitled "An act to abolish the board of 

railroad commissioners, and to establish the North Carolina Corporation Commission," 875 

689. An act to amend chapter one hundred and ten, public laws of eighteen hundred and eighty- 

three, and to shorten the fence between the stock law territory in Number Seven town- 
ship, Craven county, 875 

690. An act to authorize the board of directors of the State Prisou of North Carolina to hire con- 

victs to the counties of Buncombe and Rowan, 876 

691. An act for the relief of Wm. Garnbill, late sheriff of Alleghany county, 877 

692. An act to authorize Thomas K. Miller, late sheriff of Ashe county, to collect back taxes, S77 

693 An act to appoint A. C. Privett a justice of peace, • 877 

694 An act to authorize the speaker of the house of representatives to appoint five additional 

commissioners to represent the state of North Carolina at the Paris exposition of nine- 
teen hundred, 878 

695. An act for the relief of Elmina Jeffrey, of Gaston county, 878 

696. An act to prohibit the sale of spirituous liquors within certain localities, 879 

697. Au act to declare Nantahala, Tennessee and Hiawassse rivers floatable streams, and for 

other purposes, 884 

69S. An act to authorize the commissioners of Craven county to set aside a sinking fund for the 

payment of its bridge debt, 886 

699. Au act supplementary to an act entitled "An act to amend chapter two hundred and 

eighty -eight, acts of eighteen hundred and ninety-five, public laws, relating to the spring 
term of the superior courts of Bertie and Craven counties,'' ratified the sixth day of 
March, eighteen hundred and ninety-nine, 887 

700. An act to appoint justices of the peace in Halifax county, 887 

701. An act to amend section seven (71 of chapter three huudred and sixty-three of the public 

laws of eighteen hundred and eighty-niue (1889), 888 

702. An act to provide for the establishing of a public highway through the public lands be- 

tween the Ben Smith place and the A. J. Murrill place, in Onslow county, 888 

703. An act to pay a certain judgment rendered in favor of Festus Miller and Thomas Campen 

against the State of North Carolina, 889 

704. An act to provide a system of sewerage for the College of Agriculture and Mechanic Arts, • 890 

705. An act to amend chapter two hundred and ninet}'-eight of the public laws of eighteen hun- 

dred and ninety-three, 891 

706. An act for the protection of sturgeou, 891 

707. An act to establish a school district of the territory lying between New river and the Vir- 

ginia state line at the horse ford of New liver, 892 

708. An act to prohibit the sale of liquor within two miles of Concord Baptist church, Alexan- 

der county, 892 



Captions of the Public Laws. xxxi 

CHAP PAGE. 

709. An act supplemental to an act ratified March seventh, eighteen hundred and ninety-nine, 

entitled "An act to change the time of holding the courts in the ninth judicial district," 

and to amend an act entitled " An act establishing the western district criminal court," 892 

710. An act for the relief of the Shepard's Point Land Company, 893 

711. An act to be entitled an act to provide for the payment of certain judgments rendered in 

favor of the clerk's officers of Carteret county against the state, 894 

712. An act to amend chapter four hundred and sixteen of the public laws of eighteen hundred 

and ninety three, 894 

713. An act to be entitled " An act to appoint justices ol the peace for Contentnea Neck town 

ship, Lenoir county, North Carolina," 895 

714. An act to regulate the distribution of funds derived from dispensaries in Johnston county, 895 

715. An act to appoint additional justices of the peace in Richmond county, 895 

716. An act to provide for the Soldiers Home, 896 

717. An act to repeal chapter one hundred and fifteen (115) of the public laws of eighteen hun- 

dred and ninety-three (1S93), 896 

718. An act to amend chapter seventy-nine of the public laws of eighteen hundred and ninety- 

seven, relating to shooting cattle in Tyrrell county, 897 

719. An act to provide for the improvement of the public roads of the state, through the use of 

wide tires on wagons and other draft vehicles, 897 

720. An act supplemental to house bill number thirteen hundred and eighty four, being an act 

relating to the reorganization of the department of agriculture, 898 

721. An act to provide for hitch post' at gates across public roads, 898 

722. An act to prohibit the killing of deer in Caldwell county, 899 

723. An act to repeal chapter five hundred and fifty-three of the public laws of North Caro- 

lina. 899 

724. An act relating to the authority and powers of the joint committee on printing, 899 

725. An act to appoint D. W. Turner a justice of the peace for Number Ten township, Cabarrus 

* county, 900 

726. An act to repeal chapter one hundred and eight of the laws of eighteen hundred and sev 

enty-nine, relating to public wharves and depots, , 900 

727. An act to prevent hunting in Rich Square township without written permission of owner, 901 

728. An act to protect fish in Caldwell county, 901 

729. An act to regulate the time of drawing jurors, 901 

730. An act for the relief of W. L. Stallings, sheriff of Edgecombe county, 902 

731. An act for the appointment of additional justices of the peace for IJnfield township, in 

Halifax county, 902 

732. An act to revise and consolidate the public school law, 903 

733. An act relating to negotiable instrument law and making the same uniform, 926 



CAPTIONS 

OF THE 



RESOLUTIONS OF THE GENERAL ASSEMBLY. 



Session 1 S99. 



PAGE. 

A resolution to provide for the appointment of a joint committee to whom shall be referred bills 



on court districts. 



953 



Resolution to app int a joint committee to investigate the laws and amendments to la\ 
passed by the general assemblies ol eighteen hundred and ninety-five and eighteen hundred 

and ninet3 -seven, 95- 

Joint resolution of the general assembly of North Carolina, 953 

Resolution to have printed governor's message, 95a 

Resolution relating to Bagley monument, 954 

Resolution to investigate the suspension ol J. W and S. O. Wilson, 954 
Joint resolution to appoint committee to make arrangements for lecture to be delivered by Rev. 

James Battle Averett. 9^ 

Joint resolution in regard to the public printing, 955 
Resolution instructing our representatives in the United States congress to introduce a bill to ap- 
propriate a sufficient amount of money to establish a light beacon at the Cape channel in 

Pamlico sound, 956 

Resolution in favor of A Cannon, 956 

Resolution to certify certain fish bill to fish commissioner at Washington, 957 

Resolution of inquiry as to payment of m< ney out of treasury, 957 

A resolution in favor of Elizabeth City and Camden Ferry Company, 957 

A resolution to appoint committee on trustees of the University, 958 
Joint resolution providing for the election of directors of the State's Prison on Friday, February 

third, eighteen hundred and ninety-nine at twelve m, 958 
Resolution to pay the expenses of J A Franks, senator of the thirty-fourth senatorial district, in 

the contested election case of Cannon against Franks, . 958 
A joint resolution to instruct the senators and request the representatives in congress from 
North Carolina to procure an appropriation for the payment of claims arising out of the late 
war with Spain. 950 
Joint resolution providing for a joint ballot of both houses to fill vacancies in the board of direct- 
ors of the Slate's Prison, 960 
Joint resolution concerning titles to bills. 960 
Joint resolution relative to penitentiary directors 960 
Joint resolution to pay the counsel fees and costs in the contested election case of George Dees, 

contestant against Dudley Paul, contestee, 960 

Joint resolution as to notifying directors of the State's Prison, 961 

Joint resolution to proceed to the e'ection of directors of the State's Prison, 961 
A resolution providing for paying the cost in the election contest of Sugg, contestant, against 

Mitchell, contestee, 961 

Joint resolution relating to removal of state arsenal, 961 
A joint resolution calling for report of the condition of the penitentiary, and an inventory of 

its assets as required by law, , 962 
Resolution to pay expenses of special committee that visited and inspected State School for 

the Deaf and Dumb at Morgauton, "962 
A resolution in regard to election of justices of the peace, 962 
A resolution to elect directors for the Deaf and Dumb School at Morganton, 963 
Joint resolution of the house of representatives and of the senate appointing a special commit- 
tee to secure the better ventilation of both halls of the general assembly, 963 
Resolution to pay expenses of G. G. Eaves and W. L. Ivambert, 963 
A resolution in favor of Hon. W. L,. Norwood, 96^ 

c 



xxxi v Caption-* of the Resolutions. 

PAGE. 

A resolution providing for the election of tiustees of the University of North Carolina, 964 
A resolution to elect a librarian on February twenty fourth, eighteen hundred and ninety-nine, 

at twelve m., 9<M 
Resolution directing the public treasurer to refund to R. B. Raney the fifty dollars paid by him, 
pursuant to chapter three hundred and eighteen, laws of eighteen hundred aud ninety- 
three, preliminary to introduction of bill to incorporate the " Olivia Raney Library," 964 
Resolution to pay W. H. Carroll and B B. Nicholson, attendants upon the funeral of Mrs. C. W. 

Davis, 9 6 4 
A resolution of instruction to our senators and representatives in Congress from North Caro- 
lina, for the relief of depositors in the Freedmen's Saving and Trust Company, a company 
chartered by congress between eighteen hundred and sixty three and eighteen hundred and 

sixty-six, and which did business in the name of the United States, 965 

A resolution in favor of \V. K. Harris, 966 
Joint resolution in the matter of the suspension of J. W Wilson and S O Wilson from the office 

of railroad commission, 966 
Joint resolution in the matter of the suspension of J W Wilson and S. O. Wilson from the office 

of railroad commission, gdf- 

Resolution in regard to the election of Henry B. Stevens judge. 966 

Joint resolution to defray expenses of c mmittee visiting penitentiary farm. 967 
Joint resolution providing for the payment of expenses of sub committee to visit the institutions 

of the state, 968 
Resolution in favor of F. M. White, 96K 
A joint resolution to appoint a committee to nominate members of the board of agriculture 96S 
Resolution to elect keeper of the capitol. 969 
A resolution relative to election of railroad commissioners, 969 
Resolution regarding Company G. third reafiment North Carolina, 969 
Resolution to reimburse the sub-committee of the committee on insane asylums, their actual 
and necessary expenses, eighteen dollars and ninety cents ($18 90) in visiting the State Hos- 
pital at Goldsboro, 970 
Joint resolution relating to exchange of supreme court reports, laws and documents, with the 

territory of Hawa'i, 970 
Resolution to appoint a joint committee to recommend trustees for the North Carolina College 

of Agrieultuie and Mechanic Arts. 971 
Resolution directing the secretary of state to publish two hundred copies of house bills six hun- 
dred and twenty-two and seven hundred and thirty-three. 971 
A resolution in regard to the elections of the state board of election, 971 
Resolution to pay expenses of joint sub-committee who visited the State Hospital at Morganton, 972 
Resolution in regard to pages, 972 
Resolution to elect members of board of agriculture, 972 
Joint resolution providing for the election of insurance commissioner and other officers, 972 
Resolution in favcr of F. P Jones, , 973 
Resolution in regard to electing trustees for the Agricultural and Mechanical College for the 

colored race at Greensboro, North Carolina. 973 
A joint resolution providing for the election of trustees of the North Carolina College of Agri- 
culture a"rt4 Mechanic Arts, 973 
-Resolution in regard to the adjournment of the general assembly, 974 
.Resolution to pay Misses Fllington and Robeson for services a- typewriters. 974 
A resolution to pay funeral expenses of any member of this general assembly who mav die at 

the Rex Hospital in the citv of Raleigh, 975 
Resolution supplemental to resolution one thousand six hundred and twelve, authoriziug the 
speaker of the house of representatives to appoint four additional commissioners to repre- 
sent the'state of North Carolina at the Paris exposition of nineteen hundred, q7s. 
Resolution in favor of R. L. Cooper, 975 
Resolution endorsing Pickford Sanitarium, 9^5 
Resolution to pay M. P. Calvert thirteen do 11 ars and fifty one-hundredth dollars for typewriting, 977 
Resolution to pay Royall & Borr'eii Furniture Company, 977 
Resolution in favor of W. Cooper, fireman in supreme court building, 977 
A resolution to pay J. B. Smith for necessary expenses, 97R 
-Resolution in regard to public prin'ing, 978 
Resolution regardingjthe bureau of labor and printing, 983 



CONSTITUTION 



STATE OF NORTH CAROLINA. 



PREAMBLE. 

We, the people of the State of North Carolina, grateful to p rea mble. 
Almighty God, the Sovereign Ruler of Nations, for the preserva- 
tion of the American Union, and the existence of our civil, politi- 
cal and religious liberties, and acknowledging our dependence 
upon Him for the continuance of those blessings to us and our 
posterity, do, for the more certain security thereof, and for the 
better government of this State, ordain and establish this Con- 
stitution : 

ARTICLE I. 

DECLARATION OF RIGHTS. 

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

Section 1. That we hold it to be self evident that all men are The equality and 
created equal ; that they are endowed by their Creator with cer rights >>i men. 
tain inalienable rights; that among these are life, liberty, the 
enjoyment of the fruits of their own labor, and the pursuit of 
happiness. 

Sec. 2. That all political power is vested in. and derived from, j> iiti<-al power 
the people; all government of right originates from the people, and government, 
is fouuded upon their will only, and is instituted solely for the 
good of the whole. 

Sec. 3. That the people of this State have the inherent, sole internal govern- 
and exclusive right of regulating the internal government and meu ° B&ae - 
police thereof, and of altering and abolishing their Constitution 
and form of government whenever it may be necessary for their 
safety and happiness; but every such right should be exercised 
in pursuance of law, and consistently with the Constitution of 
the United States. 



XXXVI 



Constitution of North Carolina. 



That there is no 
right to secede. 



Of allegiance to 
the U. S. govern- 
ment. 



Public debt. 



Bonds issued un- 
der ordinance o f 
Convention of 1868 
and under nets 
of 1868 1868-'9, 
1869-70, declared 
invalid. 



Exception. 



Exclusive emolu- 
ments, etc. 



The legislative, 
executive aud 
judicial powers 
distinct. 

Of the power of 
suspending laws. 



Elections free. 

In criminal 
prosecutions. 



Skc. 4. That this State shall ever remain a member of th© 
American Union ; that the people thereof are a part of the Amer- 
ican Nation; that there is no right on the part of the State to 
secede, and that all attempts, from whatever source or upon 
whatever pretext, to dissolve said Union, or to sever said Nation, 
ought to be resisted with the whole power of the State. 

SEC. 5 That every citizen of this State owes paramount allegi- 
ance to the Constitution and Government of the United States, 
and that no law or ordinance of the State in contravention or 
subversion thereof can have any binding force. 

Sec. 6. The State shall never assume or pay, or authorize the 
collection of any debt or obligation, express or implied, incurred 
in aid of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave; nor shall the 
General Assembly assume or pay. or authorize the collection of 
any tax to nay. either directly or indirectly, express or implied, 
any debt or bond incurred, or issued, by authority of the Con- 
vention of the year one thousand eight hundred and sixty eight, 
nor any debt or bond incurred or issued by the Legislature of 
the year one thousand eight hundred and sixty-eight, either at 
its special session of the 3^ear one thousand eight hundred and 
sixty-eight, or at its regular sessions of the years one thousand 
eight hundred and sixty-eight and one thousand eight hundred 
and sixty-nine, and one thousand eight hundred and sixty-nine 
and one thousand eight hundred and seventy, except the bonds 
issued to fund the interest on the old debt of the State, unless 
the proposing to pay the same shall have first been submitted to 
the people and by them ratified by the vote of a majority of all 
the qualified voters of the State, at a regular election held for 
that purpose. 

Sec. 7. No man or set of men are entitled to exclusive or sepa- 
rate emoluments or privileges from the community but in consid- 
eration of public services. 

Sec. 8 The legislative, executive and supreme judicial powers 
of the government ought to be forever separate and distinct from 
each other. 

Sec. 9. All power of suspending law T s, or the execution of laws, 
by any authority, without the consent of the representatives of 
the people, is injurious to their rights, and ought not to be exer- 
cised. 
Sec. 10. All elections ought to be free. 

Sec 11. In all criminal prosecutions, every man has the right 
to be informed of the accusation against him and to confront the 
accusers and witnesses with other testimony, and to have counsel 
for his defense, and not be compelled to give evidence against 



Constitution of North Carolina. xxxvii 

himself or to pay costs, jail fees, or necessary witness fees of the 
defense, unless found guilty. 

Sec. 12. No person shall be put to answer any criminal charge, Answers to 
except as hereinafter allowed, but by indictment, presentment or crlm na c arges * 
impeachment. 

Sec. 13. No person shall be convicted of any crime but by the Right of jury, 
unanimous verdict of a jury of good and lawful men in open 
court. The Legislature may, however, provide other means of 
trial for petty misdemeanors, with the right of appeal. 

Sec. 14. Excessive bail should not be required, nor excessive Excessive bail, 
fines imposed, nor cruel or unusual punishments inflicted. 

Sec. 15. General warrants, whereby any officer or messenger General war- 
ma\\be commanded to search suspected places, without evidence 
of the act committed, or to seize any person or persons not named, 
whose offense is not particularly described and supported by evi- 
dence, are dangerous to iiberty and ought not to be granted. 

Sec. 16. There shall be no imprisonment for debt in this State, imprisonment 
,. „ -, for debt, 

except m cases ot fraud. 

Sec. 17. No person ought to be taken, imprisoned, or disseized No person to be 

,,.,,. ... ,, n ., , . taken, etc., but 

of his freehold, liberties or privileges, or outlawed or exiled, or in by i aw of the 

any manner deprived of his life, liberty or property, but by the land - 

law of the land. 

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

Sec. 19. In all controversies at law respecting property, the controversies at 
ancient mode of trial by jury is one of the best securities of the p^openy 601 "^ 
rights of the people, and ought to remain sacred and inviolable. 

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

Sec. 21. The privileges of the writ of habeas corpus shall not Habeas corpus, 
be suspended. 

I^Sec. 22. As political rights and privileges are not dependent Property quaii- 
*pon, or'modifiedby, property, therefore no property qualifica- 
tion'ought to affect the right to vote or hold office. 

Sec. 23. The people of the State ought not to be taxed, or made Representation 
■ /• • j. j i -i-v, j- xi aa(1 taxation, 

subject to the payment of any impost or duty without the con 

sent of themselves, or their representatives in General Assembly 

freely given. 

Sec. 24. A well regulated militia being necessary to the security Militia and the 

of a free State, the right of the people to keep and bear arms ^rms. 

shall not'be infringed; and, as standing armies in time of peace 

are^langerous to liberty, they ought not to be kept up, and the 

military shouldbe kept under strict subordination to, and gov 



XXXVIII 



Constitution of North Carolina. 



Right of the 
people to assem- 
ble together. 



Religious liberty 



Education. 



Elections should 
be frequent. 

Recurrence to 
fundamental 
principles. 
Hereditary emol- 
uments, etc. 

Perpetuities, etc. 



Ex post facto 
laws. 



Slavery pro 
hlbited. 



State boundaries. 



Courts shall be 
open. 



Soldiers in time 
of peace. 



Other lights of 
the people. 



erned by the civil power. Nothing herein contained shall justify 
the practice of carrying concealed weapons, or prevent the Leg- 
islature from enacting penal statutes against said practice. 

Sec. 25. The people have a right to assemble together to con- 
sult lor their common good, to instruct their representatives, and 
to apply to the Legislature for redress of grievances. But secret 
political societies are dangerous to the liberties of a free people, 
flinl should not be tolerated. 

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

Sec 27. The people have the right to the privilege of educa- 
tion, and it is the duty of the State to guard and maintain that 
right. 

Sec 28. For redress of grievances, and for amending and 
strengthening the laws, elections should be often held. 

Sec. 29. A frequent recurrence to fundamental principles is 
absolutely necessary to preserve the blessings of liberty. 

Sec. 30. No hereditary emoluments, privileges or honors ought 
to be granted or conferred in this State. 

Sec. 31 Perpetuities and monopolies are contrary to the genius 
of a free State, and ought not to be allowed. 

Sec. 32. Retrospective laws, punishing acts committed before 
the existence of such laws, and by them only declared criminal, 
are oppressive, unjust and incompatible with liberty ; wherefore 
no ex post facto law ought to be made. No law taxing retrospec 
tively sales, purchases, or other acts previously done, ought to be 
passed. 

Sec. 33. Slavery and involuntary servitude, otherwise than for 
crime, whereof the parties shall have been duly convicted, shall 
be and are hereby forever prohibited within the State. 

Sec. 34. The limits and boundaries of the State shall be and 
remain as they now are 

Sec. 35. All courts shall be open ; and every person for an in- 
jury done him in his lands, goods, person or reputation, shall 
have remedy by due course of law, and right and justice admin- 
istered without sale, denial or delay. 

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

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



Constitution of North Carolina. xxxix 

ARTICLE II. 

LEGISLATIVE DEPARTMENT. 

Section 1. The legislative authority shall be vested in two d is- Two branches. 
tinct branches, both dependent on the people, to wit, a Senate 
and House of Representatives. 

Sec. 2. The Senate and House of Representatives shall meet Time of aesem- 
biennially on the first Wednesday after the first Monday in Jan- bltng • 
nary next after their election; and. when assembled, shall be de 
nominated the General Assembly. Neither House shall proceed 
upon public business unless a majority of all the members are 
actually present. 

Sec. 3. The Senate shall be composed of fifty Senators, bien- Number of 

• ii u i u n 4. Senators, 

nially chosen by ballot, 

Sec. 4. The Senate Districts shall be so altered bv the General Regulations i i 

„ relation to <li<- 

Assembly, at the first session after rhe return ot every enumera- tricting the state 

tion by order of Congress, that each Senate District shall con- for 8t,naturs - 
tain, as near as may be, an equal number of inhabitants, exclud- 
ing aliens and Indians not taxed, and shall remain unaltered un- 
til the return of another enumeration, and shall at all times con- 
sist of contiguous territory ; and no county shall be divided in 
the formation ol a Senate District, unless such county shall be 
equitably entitled to two or more Senators. 

Sec. 5. The House of Representatives shall be composed of one Regulation* in 
hundred and twenty Representatives, biennially chosen by bal- porUmamen» P .if 
lot, to be elected by the counties respectively, according to their Kepresentattves. 
population, and each county shall have at least one representa- 
tive in the House of Representatives, although it may not con- 
tain the requisite ratio of representation; this apportionment 
shall be made by the General Assembly at the respective times 
and periods when the Districts of the Senate are hereinbefore 
directed to be laid off. 

Sec. 6. In making the apportionment in the House of Repre Ratio of repre- 
sentatives, the ratio of representation shall be ascertained by di- 
viding the amount of the population of the State, exclusive of 
that comprehended within those counties which do not severally 
contain the one hundred and twentieth part of the population of 
the State, by the number of Representatives, less the number 
assigned to such counties; and in ascertaining the number of the 
population of the State, aliens and Indians not taxed shall not be 
included. To each county containing the said ratio and not twice 
the said ratio, there shall be assigned one Representative; to 
each county containing two but not three times the said ratio, 
there shall be assigned two Representatives, and so on progress- 
ively, and then the remaining Representatives shall be assigned 
severally to the counties having the largest fractions. 



XI. 



Constitution of North Carolina. 



Q,ualifleatious for 
Senators. 



Juaiiflcations for 
Representatives. 



Election of 
officers. 



Powers in rela- 
tion to divorce 
and alimony 



Private laws in 
relation to names 
of persons, etc. 



Tuirty days' 
notice shall be 
gi^en anterior to 
passageof priva'e 
laws. 



. t - nicies. 



Revenue. 



Entail •;. 
Journals. 



Protest 



Sec. 7. Each member of the Senate shall not be less than 
twenty-five years of age, shall have resided in the State as a citi- 
zen two years, and shall have usually resided in the District for 
which he is chosen, one year immediately preceding his election. 

Sec. 8. Each member of the House of Representatives shall be 
a qualified elector of the State, and shall have resided in the 
county for which he is chosen, for one year immediately preced- 
ing his election. 

Sec. 9. In the election of all officers, whose appointment shall 
be conferred upon the General Assembly by the Constitution, the 
vote shall be rim voa . 

SEC. 10. The General Assembly shall have power to pass gen- 
eral laws regulating divorce and alimony, but shall not have 
power to grant a divorce or secure alimony in any individual case. 

SEC. 11. The General Assembly shall not have power to pass 
any private law to alter the name of any person, or to legitimate 
any person not born in lawful wedlock, or to restore to the rights 
of citizenship any person convicted of an infamous crime, but 
shall have power to pass general laws regulating the same. 

Sec. 12. The General Assembly shall not pass any private law, 
unless it shall be made to appear that thirty days' notice of ap- 
plication to pass such a law shall have been given, under such 
direction and in such manner as shall be provided by law. 

Sec. 13. If vacancies shall occur in the General Assembly by 
death, resignation or otherwise, writs of election shall be issued 
by the Governor under such regulations as may be prescribed by 
law. 

Sec. 14. No law shall be passed to raise money on the credit of 
the State, or to pledge the faith of the State, directly or indi 
rectly, for the payment of any debt, or to impose any tax upon 
the people of the State, or allow the counties, cities or towns to 
do so. unless the bill for the purpose shall have been read three 
several times in each House of the General Assembly, and passed 
three several readings, which readings shall have been on three 
different days, and agreed to by each House respectively, and 
unless the yeas and nays on the second and third readings of the 
bill shall have been entered on the journal. 

Sec. 15. The General Assembly shall regulate entails in such 
manner as to prevent perpetuities. 

Sec. 16. Each House shall keep a journal of its proceedings, 
which shall be printed and made public immediately after the 
adjournment of the General Assembly. 

Sec. 17. Any member of either House may dissent from and 
protest against any act or resolve, which he may think injurious 
to the public, or any individual, and have the reasons of his dis- 
sent entered on the journal. 



Constitution of North Carolina. xli 

Sec. 18. The House of Representatives shall choose their own Officers of the 
Speaker and other officers. 

Sec. 19. The Lieutenant-Governor shall preside in the Senate, President of the 
but shall have no vote unless it may be equally divided. 

Sec. 20. The Senate shall choose its other officers and also a other Senatorial 

officers 
Speaker (pro tempore) in the absence of the Lieutenant-Gover- 
nor, or when he shall exercise the office of Governor. 

Sec. 21. The style of the acts shall be: "The General Assembly Style of the acts, 
of North Carolina do enact." 

Sec. 22. Each House shall be judge of the qualifications and Powers of the 
election of its own members, shall sit upon its own adjournment bly. 
from day to day. prepare bills to be passed into laws; and fhe 
two Houses may also jointly adjourn to any future day or other 
place. 

Sec 23. All bills and resolutions of a legislative nature shall be Bills and resoiu- 
read three times in each House, before they pass into laws; and three times, etc. 
shall be signed by the presiding officers of borh Houses. 

Sec. 24. Each member of the General Assembly, before taking Oath of members, 
his seat, shall take an oath or affirmation that he Mill support 
the Constitution and laws of the United States, and the Consti- 
tution of the State of North Carolina., and will faithfully discharge 
his duty as a member of the Senate or House of Representatives. 

Sec. 25. The terms of office for Senators and members of the Terms of office. 
House of Representatives shall commence at the time of their 
election. 

Sec. 26. Upon motion made and seconded in either House by Yeas and nays. 

one-fifth of the members present, the yeas and nays upon any 

question shall be taken and entered upon the journals. 

Sec. 27. The election for members of the General Assembly Election for 

members of the 
shall be held for the respective districts and counties, at the ueneral Assein- 

places where they are now held, or may be directed hereafter to y " 
be held, in such manner as may be prescribed by law. on the 
first Thursday in August, in the year one thousand eight hun- 
dred and seventy, and every two years thereafter. Bur the Gen- 
eral Assembly may change the time of holding the elections. 

Sec. 28. The members of the General Assembly for the term Pay of members 
for which they have been elected shall receive as a compensation r ^ e General 
for their services the sum of four dollars per day for each day of Assembly, 
their session, for a period not exceeding sixty days; and should 
they remain longer in session, they shall serve without compen- 
sation. They shall also be entitled to receive ten cents per mile, 
both while coming to the seat of government and while return- 
ing home, the said distance to be computed by the nearest line 
or route of public travel. The compensation of the presiding 
officers of the two Houses shall be six dollars perdayand mileage. Extra session. 



XLII 



Constitution of North Carolina. 



Should an extra session of the General Assembly be called, the 
members and presiding officers shall receive a like rate of com- 
pensation for a period not exceeding twenty days. 



ARTICLE [If. 



EXECUTIVE DEPARTMENT. 



Officers of tbe 
Executive De- 
partment. 



Terms of office. 



Qualifications of 
Governor and 
Lieutenant Gov- 



Returns of elec- 
tions. 



Oath of office for 
Governor. 



SECTION 1 The Executive Department shall consist of a Gov- 
ernor, in whom shall be vested the supreme executive power of 
the State, a Lieutenant-Governor, a Secretary of State, an Audi 
tor, a Treasurer, a Superintendent of Public Instruction, and an 
Attorney-General, who shall be elected for a term of four years 
by the qualified electors of the state, at the same time and places 
and in the same manner as members of the General Assembly 
are elected Their term of office shall commence on the first day 
of January nest after their election, and continue until their suc- 
cessors are elected and qualified: Provided, that the officers first 
elected shall assume the duties of their office ten days after the 
approval of .this Constitution by the Congress of the United 
States, and shall hold their offices lour years from and after the 
first day of January. 

SEC. '2. No person shall be eligible as Governor or Lieutenant- 
Governor unless he shall have attained the age of thirty years, 
shall have been a citizen of the United States five years, and shall 
have been a resident of this State for two years next before the 
election: nor shall the person elected to either of these two offi- 
ces be eligible to the same office more than four years in any term 
of eight years, unless the office shall have been cast upon him as 
Lieutenant-Governor or President of the Senate. 

SEC. 3. The return of every election for officers of the Execu- 
tive Dpeartment shall be sealed up and transmitted to the seat 
of government by the returning officers, directed to the Speaker 
of the House of Representatives, who shall open and publish the 
same in the presence of a majority of the members of both Houses 
of the General Assembly. The person having the highest num- 
ber of votes respectively shall be declared duly elected; but if 
two or more be equal and highest in votes for the same office, 
then one of them shall be chosen by joint ballot of both Houses 
of the General Assembly. Contested elections shall be deter- 
mined by a joint ballot of both Houses of the General Assembly 
in such manner as shall be prescribed by law. 

Sec. 4 The Governor, before entering upon the duties of his 
office, shall, in the presence of the members of both branches of 
the General Assembly, or before any Justice of the Supreme 
Court, take an oath or affirmation that he will support the Con- 



Constitution of North Carolina xliii 

stitution and laws of the United States, and of the State of North 
Carolina, and that he will faithfully perform the duties apper- 
taining to the office of Governor, to which he has been elected. 

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

Sec. 6. The Governor shall have power to grant reprieves, com- Reprieves.com 
mutations and pardons, after conviction, for all offenses (except pardons' 38 aD 
in cases of impeachment), upon such conditions as he may think 
proper, subject to such regulations as may be provided by law 
relative to the manner of applying for pardons. He shall bien- 
nially communicate to the General Assembly each case of re- 
prieve, commutation or pardon granted, stating the nameof each 
convict, the crime for which he was convicted, the sentence and 
its date, the date of commutation, pardon or reprieve, and the 
reasons therefor. 

Sec. 7. The officers of the Executive Department and of the ad nu&i reports 

1 trom officers of 

public institutions of the State, shall at least five days previous Executive 

to each regular session of the General Assembly, severally report of e puoUc e in- an 
to the Governor, who shall transmit such reports with his mes- *ti nations, 
sage to the Genera! Assembly; and the Governor may, at any 
time, require information in writing from the officers in the Ex- 
ecutive Department upon any subject relating to the duties of 
their respective offices, and shall take care that the laws be faith- 
fully executed. 

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

Sec. 9. The Governor shall have power, on extraordinary occa- Extra sessions of 

r General Asseiu 

sions, by and with the advice of-the Council of State, to convene oiy. 

the General Assembly in extra session by his proclamation, stat- 
ing therein the purpose or purposes for which they are thus con- 
vened. 

Sec. 10. The Governor shall nominate and, by and with the Officers whose 

appointments are- 
advice and consent of a majority of the Senators elect, appoint not otherwise 

all officers whose offices are established bj this Constitution and prov e or ' 

whose appointments are not otherwise provided for. 

Sec. 11. The Lieutenant-Governor shall be President of the Dutiesoftbe 
Senate, but shall have no vote unless the Sena'e be equally di- Governor, 
vided. Hp shall, whilst acting as President of the Senate, leceive 
for his services the same pay which shall, for the same period, be 
allowed to the Speaker of the House of Representatives; and he 
shall receive no other compensation except when he is acting as 
Governor. 

SBC. 12. In ca^e of the impeachment of the Governor, his fail- 



XLIV 



Constitution of North Carolina. 



In case of im- 
peachment of 
Governor, or 
vacancy caused 
by death or resig- 
nation. 



Duties of other 

Executive 

officers. 



Council of State, 



Compensation of 

Executive 

officers. 



Seal of State. 



ure to qualify, his absence "from the State, his inability to dis- 
charge the duties of his office, or, in case the office of Governor 
shall in anywise become vacant, the powers, duties and emolu- 
ments of the office shall devolve upon the Lieutenant-Governor 
until the disability shalTcease, or anew Governor shall beelected 
and qualified. In every case in which the Lieutenant-Governor 
shall be unable to preside over the Senate, the Senators shall 
elect one of their own number-President of their body; and the 
powers, duties and emoluments of the office of Governor shall 
devolve upon him whenever the Lieutenant-Governor shall, for 
any reason, be prevented from discharging the duties of such 
office as above provided, and he shall continue as acting Gover- 
nor until the disabilities are removed, or a new Governor or Lieu- 
tenant-Governor shall be elected and qualified. Whenever, dur- 
ing the recess of the General Assembly, it shall become necessary 
for the President of the Senate to administer the government, 
the Secretary of State shall convene the Senate, that they may 
select such President. 

Sec. 18. The respective duties of the Secretary of State, Audi- 
tor, Treasurer, Superintendent of Public Instruction, and Attor- 
ney-General shall be prescribed by law. If the office of any of 
said officers shail be vacated by death, resignation or otherwise, it 
shall be the duty of the Governor to appoint another until the dis- 
ability be removed or his successor be elected and qualified. 
Every such vacancy shall be filled by election at the first sen- 
eral election that occurs more than thirty days after the vacancy 
has taken place, and the person chosen shall hold the office for 
the remainder of the unexpired term fixed in the first section of 
this article. 

Sec. 14. The Secretary of State, Auditor, Treasurer and Super- 
intendent of Public Instruction shall constitute, ex officio, the 
Council of State, who shall advise the Governor in the execution 
of his office, and three of whom shall constitute a quorum Their 
advice and proceedings in this capacity shall be entered in a jour- 
nal to be kept for this purpose exclusively, and signed by the 
members present, from any part of which any member may enter 
his dissent; and such journal shall be placed before the General 
Assembly when called for by either House. The Attorney-Gen- 
eral shall he, ex officio, the legal adviser of the Executive Depart- 
ment. 

Sec. 15. The officers mentioned in this article shall, at stated 
periods, receive for their services a compensation to be established 
by law, which shall neither be increased nor diminished during 
the time tor which they shall have been elected, and the said 
officers shall receive no other emolument or allowance whatever. 

Sec. 16. There shall be a seal of the State, which shall be kept 



Constitution of North Carolina. xlv 

by the Governor, and used by him as occasion may require, and 
sbnll be called "The Greal Seal of the State of North Carolina." 
All grants and commissions shall be issued in the name and by 
the authority of the State of North Carolina, sealed with "The 
Great Seal of the State, " signed by the Governor and counter- 
signed by the Secretary of State. 

Sec. 17. The General Assembly shall establish a Department Department of 
of Agriculture, Immigration and Statistics, under such regula- mf^aUon'aiid 11 " 
tions as may best promote the agricultural interests of the State, statistics. 
and shall enact laws for the adequate protection and encourage- 
ment of sheep husbandry. 



ARTICLE IV. 

JUDICIAL DEPARTMENT. 

Section 1. The distinctions between actions at law and suits Abolishes the 
in equity, and the forms of all such actions and suits, shall be tween'actionsat 
abolished ; and there shall be in this State but one form of action, law and suits in 
for the enforcement or protection of private rights or the redress 
of private wrongs, which shall be denominated a civil action; 
and every action prosecuted by the people of the State as a party 
against a person charged with a public offense, for the punish- 
ment of the same, shall be termed a criminal action. Feigned 
issues shall also be abolished, and the fact at issue tried by order Feigned issues 
of court before a jury. abolished. 

Sec. 2. The judicial power of the State shall be vested in a Division of 
Court for the trial of Impeachments, a Supreme Court, Superior Judicial P°wers. 
Courts. Courts of Justices of the Peace, and such other Courts 
inferior to the Supreme Court as may be established by law. 

Sec. 3. The Court for the trial of Impeachments shall be the Trial Court of 
Senate. A majority of the members shall be necessary to a quo- mpeac men • 
rum, and the judgment shall not extend be5 r ond removal from, 
and disqualification to hold, office in this State; but the party 
shall be liable to indictment and punishment according to law. 

Sec. 4. The House of Representatives solely shall have the impeachment, 
power of impeaching. No person shall be convicted without the 
concurrence of two-thirds of the Senators present. When the 
Governor is impeached, the Chief Justice shall preside. 

Sec. 5. Treason against the State shall consist only in levying Treason against 
war against it, or adhering to its enemies, giving them aid and eb a e- 
comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confes- 
sion in open court. No conviction of treason or attainder shall 
work corruption of blood or forfeiture. 

Sec. 6. The Supreme Court shall consist of a Chief Justice and Supreme Court 
four Associate Justices. 



XI. VI 



Constitution of North Carolina. 



Terms of the Su 
preme Court 



Jurisdiction of 
.supreme Court. 



Claims against 
the State. 



Judicial Districts 
for Superior 
Courts. 



Residences of 
Judges. Rotation 
in Judicial Dis- 
tricts. A.nd 
•Special Terms. 



Jurisdiction of 
Courts inferior to 
supreme Court. 



In case of waiver 
of trial by jury. 



Sec r. The terms of the Supreme Court shall be held in the city 
of Raleigh, as now. unless otherwise provided by the General 
Assembly. 

Skc. 8. The Supreme Court shall have jurisdiction to review, 
upon appeal, any decision of the courts below, upon any matter 
of law or legal inference. And the jurisdiction of said Court over 
"issues of fact" and "questions of tact" shall be the same exer- 
cised by it before the adoption of the Constitution of one thou- 
sand eight hundred and sixty-eight, and the Court shall have the 
power to issue any remedial writs necessary to give it a general 
supervision and control over the proceedings of the inferior courts. 

Skc. 9. The Supreme Court shall have original jurisdiction to 
hear claims against the State, but its decisions shall be merely 
recommendatory; no process in the nature of the execution shall 
issue thereon : they shall be reported to the next session of the 
General Assembly for its action. 

Sec. 10. The State shall be divided into nine judicial districts, 
for each of which a Judge shall be chosen; and there shall be 
held a Superior Court in each county at least twice in each year, 
to continue for such time in each county as may be prescribed 
by law. But the General Assembly may reduce or increase the 
number of districts. 

Skc 11. Every Judge of the Superior Court shall reside in the 
district for which he is elected. The Judges shall preside in the 
courts of the different districts successively, but no Judge shall 
hold the courts in the same district oftener than once in lour 
years; but hi case of the protracted illness of the Judge assigned 
to preside in any district, or of any other unavoidable accident to 
him, by reason of which he shall be unable to preside, the Gov- 
ernor may require any Judge to hold one or more specified terms 
in said district, in lieu of the Judge assigned to hold the courts 
of the said district. 

Skc. 12. The General Assembly shall have no power to deprive 
the Judicial Department ol any power or jurisdiction which 
rightfully pertains to it as a co-ordinate department of the gov- 
ernment; but the General Assembly shall allot and distribute 
that portion of this power and jurisdiction which does not per- 
tain 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 Courts, so far as the same may be done without 
conflict with other provisions of this Constitution. 

Sec 13. In all issues of fact, joined in any court, the parties 
may .vaive the right to have the same determined by a jury, in 



Constitution 7 of North Carolina. xlvii 

which case the finding- of the Judge upon the facts sha'l have the 
force and effect of a verdict by a jury. 

Sec. 14. The General Assembly shall provide for the establish- special courts in 
ment of Special Courts, for the tri*l of misdemeanors, iu cities 
and towns where the same may be necessary. 

Sec. 15. The Clerk of the Supreme Court shall be appointed clerk of Supreme 
by the Court, and shall hold his office for eight years. court. 

Sec. 16. A Clerk of the Superior Court for each county shall be Election of supe- 
elected by the qualified voters thereof, at the time ami in the llor Court Clerk, 
manner prescribed by law for the election of members ol the 
General Assembly. 

SEC. 17. Clerks of the Superior Courts shall hold their offices Term of office, 
for four years 

Sec. 18 The General Assembly shall prescribe and regulate the Fees, salaries and 
fees, salaries and emoluments of all officers provided for in this 
article; but the salaries of the Judges shall not be diminished 
during their continuance in office. 

SEC. 19. The laws of North Carolina, not repugnant to this Con- what laws are 
stitution. or the Constitution and laws of the United States, shall "o r ce ShaI1 be lD 
be in force until lawfully altered. 

Sec. 20. Actions at law, and suits in equity, pending when this Disposition of 
Constitution shall go into effect, shall be transferred to the courts and suits in 
having jurisdiction thereof, without prejudice by reason of the ^en^t'his'coa? 

change: and all such actions and suits commenced before, and -'itution shall go 

iu to effect, etc. 
pending at the adoption of the General Assembly of the rules of 

practice and procedure herein provided for, shall be heard and 
determined according to the practice no«v in use unless other- 
wise provided for by said rules. 

Sec. 21. The Justices of the Supreme Court shall be elected by 
the qualified voters of the State, as is provided for the election 
of members of the General Assembly. They shall hold their offi- 
ces for eight years. The Judges of the Superior Courts, elected 
af the first election under this amendment, shall be elected in 
like manner as is provided for Justices of the Supreme Court, 
and shall hold their officers for eight years. The General Assem- 
bly may. from time to time, provide by law that the Judges of 
the Superior Courts, chosen at succeeding elections, instead of 
being elected by the voters of the whole State, as is herein pro- 
vided for, shall be elected by the voters of their respective dis- 
tricts. 

Sec. 22. The Superor Courts shall be, at all times open tor the Transaction of 
transaction of all business within their jurisdiction, except the .^u S p e L r f r Court's 
trial of issues of fact requiring a jury. 

Sec. 23. A Solicitor shall be elected for each .Judicial District solicitors foreach 
by the qualified voters thereof, as is prescribed (or members of Jadicial District. 
the General Assembly, who shall hold office for the term of four 



XLVIII 



Constitution of North Carolina. 



Sheriffs and 
Coroners. 



Vacancies. 



Terms of office of 
first officers un- 
der this Article. 



Jurisdiction of 
Justices of the 
Peace. 



years, and prosecute on behalf of the State, in all criminal ac- 
tion* in the Superior Courts, and advise the officers of justice in 
hi:- distriei. 

SKC. 24. In each county a Sheriff and Coroner shall be elected 
by the qualified voters thereof, as is prescribed for members of 
the General Assembly, and shall hold their offices for two years. 
In each township there shall be a constable elected in like man- 
ner by the voters thereof, who shall hold his office for two years. 
When i here is no Coroner in a county, the Clerk of the Superior 
Court for the county may appoint one for special cases. In case 
of a vacancy existing for any cause in any of the offices created 
by this section, the Commissioners of the county may appoint to 
such office for the unexpired term. 

SEC '25. All vacancies occurring- in the offices provided for by 
this Article of the Constitution shall be filled by the appoint- 
ments of the Governor, unless otherwise provided for, and the 
appointees shall hold their places until the next regular election 
for members of the General Assembly, when elections shall be 
held to rill such offices. If any person, elected or appointed to 
any of said offices, shall neglect and fail to qualify, such offices 
shall be appointed to, held and filled as provided in case of va- 
cancies occurring therein. All incumbents of said offices shall 
hold until their successors are qualified. 

Sec. 26. The officers elected at the first election held under this 
Constitution shall hold their offices for the terms prescribed for 
them respectively, next ensuing after the next regular election 
for members of the General Assembly. But their terms shall be- 
gin upon the approval of this Constitution by the Congress of the 
United States. 

Sec. 27. The several Justices of the Peace shall have jurisdic- 
tion, under such regulations as the General Assembly shall pre- 
scribe, of civil actions founded on contract, wherein the sum de- 
manded shall not exceed two hundred dollars, and wherein the 
title to real estate shall not be in controversy; and of all criminal 
matters arising within their counties where the punishment can 
not exceed a fine of fifty dollars or imprisonment for thirty days. 
And the General Assembly may give to Justices of the Peace 
jurisdiction of other civil actions, wherein the value of the prop- 
erty in controversy does not exceed fifty dollars. When an issue 
of fact may be joined before a Justice, on demand of either party 
thereto, he shall cause a jury of six men to be summoned, who 
shall try the same. The party against whom judgment shall be 
rendered in any civil action, may appeal to the Superior Court 
from the same. In all cases of a criminal nature, the party against 
whom judgment is given may appeal to the Superior Court, 
where the matter shall be heard anew. In all cases broug-ht be- 



Constitution of North Carolina. 



XLIX 



fore a justice, he shall make a record of the proceedings, and file 
the same with the Clerk of the Superior Court for his county. 

Sec. 28. When the office of Justice of the Peace shall become Vacancies in 
vacant otherwise than by expiration of the term, and in case of office or Justice - 
a failure by the voters of any District to eleet, the Clerk of the 
Superior Court for the county shall appoint to fill the vacancy 
for the unexpired term. 

Sec. 29. In case the office of Clerk of a Superior Court for a vacancies*m 

countv shall become vacant otherwise than bv the expiration of £, ffice ° f Superior 

1 Court Clerk, 

the term, and in case of a failure by the people to elect, the 

Judge of the Superior Court for the county shall appoint to fill 

the vacancy until an election can be regularly held. 

Sec. 30. In case the General Assembly shall establish other OfflcersofotheT 1 ' 
Courts inferior to the Supreme Court, the presiding officers and supreme.Court. 10 
clerks thereof shall be elected in such manner as the General 
Assembly may from time to time prescribe, and they shall hold 
their offices for a term not exceeding eight years. 

Sec. 31. Any Judge of the Supreme Court or of the Superior Removal of 
Courts, and the presiding officers of such Courts inferior to the iafiouVcoufts 
Supreme Court as may be established by law, may be removed for inability, 
from office for mental or physical inability, upon a concurrent 
resolution of two-thirds of both Houses of the General Assembly. 
The Judge or presiding officer, against whom the General Assem- 
bly may be about to proceed, *hail receive notice thereof, accom- 
panied by a copy of the causes alleged for his removal, at least 
twenty days before the day on which either House bf the Gen- 
eral Assembly shall act thereon. 

Sec. 32. Any Clerk of the Supreme Court, or of the Superior Removal^ 
Courts, or of such Courts inferior to the Supreme Court as may various°[:ourts 
be established by law, may be removed from office for mental or for inability, 
physical inability; the Clerk of the Supreme Court by the Judges 
of said Court, the Clerks of the Superior Courts by the Judge 
riding the district, and the Clerks of such Courts inferior to the 
Supreme Court as may be established by law, by the presiding 
officers of said Courts. The Clerk against whom proceedings are 
instituted shall receive notice thereof, accompanied by a copy of 
the causes alleged for his removal, at least ten days before the 
day appointed to act thereon, and the Clerk shall be entitled to 
an appeal to the next term of the Superior Court, and thence to 
the Supreme Court as provided in other cases of appeals. 

Sec. 33. The amendments made to the Constitution of North Amendments not 
Carolina by this Convention shall not have the effect to vacate ffi^es ateeXiStiDg 
any office or term of office now existing under the Constitution 
of the State and filled or held by virtue of any election or ap- 
pointment under the said Constitution and the laws of the State " 
made in pursuance thereof. 
D 



Constitution of North Carolina. 



ARTICLE V. 



REVENUE AND TAXATION. 



Capitation tax. 



Exemptions. 



Application of 
proceeds of state 
and county capi 
tation lax 



Taxation shall be 
by uniform rule 
and ad valorem. 



Restrictions upon 
the increase of 
ttie public debt, 
except In certain 
contingencies. 



Property exemp- 
tions from taxa- 
tion. 



Taxes|levied by 
County Commis- 
sioners. 



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

Sec. 2. The proceeds of the State and county capitation tax 
shall be applied to the purposes of education and the support of 
the poor, but in no one year shall more than twenty-five per cent 
thereof be appropriated to the latter purpose. 

Sec. 3. Laws shall be passed taxing, by a uniform rule, all 
moneys, credits, investments in bonds, stocks, joints-stock com- 
panies, or otherwise: and, also, all real and personal property, 
according to its true value in money. The General Assembly 
may also tax trades, professions, franchises, and incomes, provided 
that no income shall be taxed when the property from which the 
income is derived is taxed. 

Sec. 4. Until the bonds of the State shall be at par, the Gen- 
eral Assembly shall have no power to contract any new debt or 
pecuniary obligation in behalf of the State, except to supply a 
casual deficit, or for suppressing invasion or insurrection, unless 
it shall in the same bill levy a special tax to pay the interest an- 
nually. And the General Assembly shall have no power to give 
or lend the credit of the State in aid of any person, association or 
corporation, except to aid in the completion of such railroads as 
may be unfinished at the time of the adoption of this Constitu- 
tion, or in which the State has a direct pecuniary interest, unless 
the subject be submitted to a direct vote of the people of the 
State, and be approved by the majority of those who shall vote 
thereon. 

Sec. 5. Property belonging to the State, or to municipal cor- 
porations, shall be exempt from taxation. The General Assem- 
bly may exempt cemeteries and property held for educational, 
scientific, literary, charitable or religious purposes; also, wearing 
apparel, arms for muster, household and kitchen furniture, the 
mechanical and agricultural implements of mechanics and farm- 
ers; libraries and scientific instruments, or any other personal 
property, to a value not exceeding three hundrec: dollars. 

Sec. 6. The taxes levied by the commissioners of the several 
counties for county purposes shall be levied in like manner with 



Constitution of North Carolina. li 

the State taxes, and shall never exceed the double of the State 
tax. except for a special purpose, and with the special approval 
of the General Assembly. 

Sec. 7. Every act of the General Assembly levying a tax shall Acts levying 
state the special object to which it is to be applied, and it shall object! etc. S 
be applied to no other purpose. 



ARTICLE VI. 

SUFFRAGE AND ELIGIBILITY TO OFFICE. 

Section 1. Every male person born in the United States, and Qualifications of 
every male person who has been naturalized, twenty-one years au elector - 
old or upward, who shall have resided in the State twelve months 
next preceding the election, and ninety days in the county in 
which he offers to vote shall be deemed an elector. But no per- 
son, who, upon conviction or confession in open court, shall be 
adjudged guilty of felony, or any other crime infamous by the 
laws of this State and hereafter committed, shall be deemed an 
elector, unless such person shall be restored to the rights of citi- 
zenship in a manner prescribed by law. 

Sec. 2. It shall be the duty of the General Assembly to provide, Registration of 
from time to time, for the registration of all electors; and no per- elfcCtors - 
son shall be allowed to vote without registration, or to register, 
without first taking an oath or affirmation to support and main 
tain the Constitution and laws of the United States, and the 
Constitution and laws of North Carolina net inconsistent there- 
with. 

Sec. 8. All elections by the people shall be by ballot, and all Elections by peo- 
ix- i_ xt_ r~< i a i_i i. ii i_ • pie «nd General 

elections by the General Assembly shall be viva voce. Assembly. 

Sec. 4. Every voter, except as hereinafter provided, shall be oath of office, 
eligible to office; but, before entering upon the discharge of the 
duties of his office, he shall take and subscribe the following 
oath: " I, , do solemnly swear (or affirm) that I will sup- 
port and maintain the Constitution and laws of the United States, 
and the Constitution and laws of North Carolina not inconsistent 
therewith, and that I will faithlully discharge the duties of my 
office. So help me, God." 

Sec. 5. The following classes of persons shall be disqualified Disqualification 
for office : First, all persons who shall deny the being of Almighty ° r ° ce ' 
God. Second,, all persons who shall have been convicted of trea- 
son, perjury, or of any other infamous crime, since becoming 
citizens of the United States or of corruption, or malpractice in 
office, unless such person shall have been legally restored to the 
rights of citizenship. 



LII 



Constitution of North Carolina. 



ARTICLE VII. 



MUNICIPAL CORPORATIONS. 



County officers. 



Duty of County 
Commissioners 



Counties to be 
divided into dis 
tricts. 



Said districts 
shall have corpo- 
rate powers as 
Townships 



Officers of Town- 
ships. 



Trustees shall 
assess property. 



No debt or loan 
except by a ma 
jorlty of voters. 



Drawing of 
money. 



Taxes to be ad 
valorem. 



Section 1. In each county there shall be elected biennially by 
the qualified voters thereof, as provided for the election of mem- 
bers of the General Assembly, the following officers: A Treas- 
urer, Register of Deeds. Surveyor and five Commissioners. 

Skc. 2. It shall be the duty of the Commissioners to exercise a 
general supervision and control of the penal and charitable in- 
stitutions, schools, roads, bridges, levying of Taxes, and finances 
of the county, as may be prescribed by law. The Register of 
Deeds shall be, ex officio, Clerk of the Board of Commissioners. 

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

Sec. 4. Upon the approval of the reports provided for in the 
foregoing section, by the General Assembly, the said districts 
shall have corporate powers for the necessary purposes of local 
government, and shall be known as townships. 

Sec 5. In each township there shall be biennially elected by 
the qualified voters thereof a Clerk and two Justices of the Peace, 
who shall constitute a Board of Trustees, and shall, under the 
supervision of the County Commissioners, have control of the 
taxes and finances, roads and bridges of the townships, as may 
be prescribed by law. The General Assembly may provide for 
the election of a larger number of the Justices of the Peace in 
cities and towns, and in those townships in which cities and 
towns are situated. In every township there shall also be bien- 
nially elected a School Committee, consisting of three persons, 
whose duties shall be prescribed by law. 

Sec. 6. The Township Board of Trustees shall assess the tax- 
able property of their townships and make return to the County 
Commissioners for revision, as may be prescribed by law. The 
Clerk shall be, ex officio, treasurer of the township. 

Sec 7. No county, city, town or other municipal corporation, 
shall contract any debt, pledge its faith, or loan its credit, nor 
shall any tax be levied or collected by any officers of the same, 
except for the necessary expenses thereof, unless by a vote of the 
majority of the qualified voters therein. 

Sec 8. No money shall be drawn from any county or township 
treasury except by authority of law. 

Sec 9. All taxes levied by any county, city, town, or township, 
shall be uniform and ad valorem upon all property in the same, 
except property exempted by this Constitution. 



Constitution of North Carolina. liii 

Sec. 10. The county officers first elected under the provisions When officers 
of this Article shall enter upon their duties ten days after the u y " 

approval of this Constitution by the Congress of the United 
States. 

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

Sec. 12. All charters, ordinances and provisions relating to charters to re- 
municipal corporations shall remain in force until legally changed, v^tYue^an™ 
unless inconsistent with the provisions of this Constitution. changed. 

Sec. 13. No county, city, town, or other municipal corporation Debts in aid of 
shall assume to pay, nor shall any tax be levied or collected for to be paid- 
the payment of any debt, or the interest upon any debt, con- 
tracted directly or indirectly in aid or support of the rebellion. 

Sec. 14. The General Assembly shall have full power by statute Powers of Gen- 
to modify, change or abrogate any and all of the provisions of ^ r municipal 
this Article, and substitute others in their place, except sections corporations, 
seven, nine and thirteen 



ARTICLE Vlll. 



CORPORATIONS OTHER THAN MUNICIPAL. 

Section 1. Corporations may be formed under general laws, Corporations un- 
but shall not be created by special act, except for municipal er genera awe. 
purposes, and in cases where, in the judgment of the Legislature, 
the object of the corporation can not be attained under general 
laws. All general laws and special acts, passed pursuant to this 
section, may be altered from time to time, or repealed. 

Sec. 2. Dues from corporations shall be secured by such indi- Debts of corpora- 
vidual liabilities of the corporations and other means as may be secured, 
prescribed by law. 

Sec. 3. The term corporation, as used in this Article, shall be What corpora- 
construed to include all associations and joint-stock companies, elude Shail m " 
having any of the powers and privileges of corporations, not pos- 
sessed by individuals or partnerships. And all corporations shall 
have the right to sue, and shall be subject to be sued in all 
courts, in like cases as natural persons. 

Sec. 4. It shall be the duty of the Legislature to provide for Legislature to 
the organization of cities, towns and incorporated villages, and ^anlziug cities, 
to restrict their power of taxation, assessment, borrowing money, Towns > etc - 
contracting debts and loaning their credit, so as to prevent 
abuses in assessment and in contracting debts by such municipal 
corporations. 



LIV 



Constitution of North Carolina. 



ARTICLE IX. 



EDUCATION. 



Education shall 
be encouraged. 



General Assem- 
bly shall provide 
for schools. 



Separation of 
the'races. 



Counties to be 
divided into 
districts. 



What property 
shall be devoted 
to educational 
purposes. 



County School 
fund. 



Proviso. 



Section 1. Religion, morality and knowledge being necessary 
to good government and the happiness of mankind, schools and 
the means of education shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this 
Constitution, shall provide by taxation, and otherwise, for a gen- 
eral and uniform system cf public schools, wherein tuition shall 
be free of charge to all the children of the State between the ages 
of six and twenty-one years. And the children of the white race 
and the children of the colored race shall be taught in separate 
public schools; but there shall be no discrimination in favor of, 
or to the prejudice of either race. 

Sec. 3. Each count}' of the State shall be divided into a con- 
venient number of districts, in which one or more public schools 
shall be maintained at least four months in every year; and if 
the commissioners of any county shall fail to comply with the 
aforesaid requirements of this section they shall be liable to in- 
dictment. 

Sec. 4. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State, and not 
otherwise appropriated by this State or the United States; also, 
all moneys, stocks, bonds, and other property, now belonging to 
any State fund ior purposes of education; also the net proceeds 
of all sales of the swamp lands belonging to the State, and all 
other grants, gifts or devises, that have been or hereafter may be 
made to the State and not otherwise appropriated by the State, 
or by the terms of the grant, gift or devise, shall be paid into the 
State treasury; and, together with so much of the ordinary rev- 
enue of the State as may be by law set apart for that purpose, 
shall be faithfully appropriated for establishing and maintaining 
in this State a system of free public schools, and for no other 
uses or purposes whatsoever. 

Sec. 5. All moneys, stocks, bonds and other property, belonging 
to a county school fund; also the net proceeds from the sale of 
estrays; also the clear proceeds of all penalties and forfeitures, 
and of all fines collected in the several counties for any breach of 
the penal or military laws of the ,State; and all moneys which 
shall be paid by persons as an equivalent for exemption from 
military duty, shall belong to and remain in the several counties, 
and shall be faithfully appropriated for establishing and main- 
taining free public schools in the several counties in this State: 
Provided, that the amount collected in each county shall be an- 
nually reported to the Superintendent of Public Instruction. 



Constitution of North Carolina. lv 

Sec. 6. The General Assembly shall have power to provide for Election 01 
the election of Trustees of the University of North Carolina, in provfsfons'for 

whom, when chosen, shall be vested all the privileges, rights, maintenance of 

^ ^ the University, 

franchises and endowments thereof, in anywise granted to or 

conferred upon the 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 mainte- 
nance and management of said University. 

Sec. 7. The General Assembly shall provide that the benefits Benefits of the 
of the University, as far as practicable, be extended to the youth n versi y " 
of the State free of expense for tuition; also, that all the property 
which has heretofore accrued to the State, or shall hereafter 
accrue, from escheats, unclaimed dividends, or distributive shares 
of the estates of deceased persons, shall be appropriated to the 
use of the University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, Board of Educa- 
Treasurer, Auditor, Superintendent of Public Instruction and tlon ' 
Attorney-General, shall constitute a State Board of Education. 

Sec. 9. The Governor shall be President, and the Superintend- President and 
•nt of Public Instruction shall be Secretary of the Board of Edu- secretar y- 
cation. 

Sec. 10. The Board of Education shall succeed to all the pow- Power of Board, 
ers and trusts of the President and Directors of the Literary 
Fund of North Carolina, and shall have full power to legislate 
and make all needful rules and regulations in relation to free 
public schools and the educational fund of the State; but all 
acts, rules and regulations of said Board may be altered, amended 
or repealed by the General Assembly, and when so altered, 
amended or repealed, they shall not be re-enacted by the Beard. 

Sec. 11. The first session of the Board of Education shall be First session of 
held at the capital of the State, within fifteen days after the Boara - 
organization of the State Government under this Constitution; 
the time of future meetings may be determined by the Board. 

Sec. 12. A majority of the Board shall constitute a quorum for Q, uor um. 
the transaction of business. 

Sec. 13. The contingent expenses of the Board shall be pro- Expenses, 
rided by the General Assembly. 

Sec. 14. As soon as practicable after the adoption of this Con- Agricultural 
•titution, the General Assembly shall establish and maintain in De P artment - 
connection with the University, a department of Agriculture, of 
Mechanics, of Mining, and of Normal Instruction. 

Sec. 15. The General Assembly is hereby empowered to enact children must 
that every child of sufficient mental and physical ability shall altend school. 
attend the public schools during the period between the ages of 
■ii and eighteen years, for a term of not less than sixteen months, 
unless educated by other means. 



LVI 



Constitution of North Carolina. 



ARTICLE X. 



HOMESTEADS AND EXEMPTIONS. 



Exemption. 



Homestead. 



Homestead ex- 
em pted from 
debt. 



Laborer's lien. 



Benefit of widow. 



Property of a 
married female 
secured to her. 



Husband may 
insure his life for 
the benefit of 
wife and chil- 
dren. 



Hovv deed for 
homestead may 
be made. 



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

Sec. 2. Every homestead, and the dwellings and buildings 
used therewith, not exceeding in value one thousand dollars, to 
be selected by the owner thereof, or in lieu thereof, at the option 
of the owner, any lot in a city, town or village, with the dwell- 
ing and buildings used thereon, owned and occupied by any resi- 
dent of this State, and not exceeding the value of one thousand 
dollars, shall be exempt from sale under execution, or other final 
process obtained on any debt. But no property shall be exempt 
from sale for taxes, or for payment of obligations contracted for 
the purchase of said premises. 

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

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

Sec. 5. If the owner of a homestead die, leaving a widow, but 
no children, the same shall be exempt from the debts of her hus- 
band, and the rents and proiitsthereof shall inure to her benefit 
during her widowhood, unless she be the owner of a homsetead 
in her own right. 

Sec. 6. The real and personal property of any female in this 
State, acquired before marriage, and all property, real and per- 
sonal, to which she may, after marriage, become in any manner 
entitled, shall be and remain the sole and separate estate and 
property of such female, and shall not be liable for any debts, 
obligations or engagements of her husband, and may be devised 
and bequeathed, and with the written assent of her husband, 
conveyed by her as if she were unmarried. 

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

Sec. 8. Nothing contained in the foregoing sections of this 
Article shall operate to prevent the owner of a homestead from 
disposing of the same by deed; but no deed made by the owner 



Constitution of North Carolina. ltii 

of a homestead shall be valid without the voluntary signature 
and assent of his wife, signified on her private examination ac- 
cording to law. 



ARTICLE XI. 



PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES. 

Section 1. The following punishments only shall be known to 
the laws of this State, viz: death, imprisonment, with or with- Punishments, 
out hard labor; fines, removal from office, and disqualification to 
hold and enjoy any office of honor, trust or profit under this 
State. The foregoing provision for imprisonment with hard labor 
shall be construed to authorize the employment of such convict 
labor on public works, or highways, or other labor for public 
benefit, and the farming out thereof, where and in such manner Convict labor, 
as may be provided by law; but no convict shall be farmed out 
who has been sentenced on a charge of murder, manslaughter, 
rape, attempt to commit rape, or arson: Provided, that no con- 
vict whose labor may be farmed out shall be punished for any Proviso 
failure of duty as a laborer, except by a responsible officer of the 
State; but the convicts so farmed out shall be at all times under 
the supervision and control, as to their government and disci- 
pline, of the Penitentiary Board or some officer of the State. 

Sec. 2. The object of punishment being not only to satisfy 
justice, but also to reform the offender, and thus prevent crime, m g^ P uuisn " 
murder, arson, burglary, and rape, and these only, may be pun- 
ishable with death, if the General Assembly shall so enact, 

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

Sec. 4. The General Assembly may provide for the erection of 
Houses of Correction, where vagrants and persons guilty of mis- j^^f of cor " 
demeanors shall be restrained and usefully employed. 

Sec. 5. A House or Houses of Refuge may be established when- 
ever the public interests may require it, for the correction and Houses of refuge, 
instruction of other classes of offenders. 

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

Sec. 7. Beneficent provision for the poor, the unfortunate and 
orphan, being one of the first duties of a civilized and Christian po^rand^/phamf 
State, the General Assembly shall, at its first session, appoint 
and define the duties of a Board of Public Charities, to whom 
shall be entrusted the supervision of all charitable and penal 
State institutions, and who shall annually report to the Gover- 
nor upon their condition, with suggestions for their improvement. 



LVIII 



Constitution of North Carolina 



Orphan houses. 



Inebriates and 
idiots 

Deaf-mutes, blind 
and insane. 



Self supporting. 



Sec. 8. There shall also, as soon as practicable, be measures 
devised by the State for the establishment of one or more Orphan 
Houses, where destitute orphans may be cared for, educated and 
taught some business or trade. 

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

Sec. 10. The General Assembly shall provide that all the deaf- 
mutes, the blind and the insane of the State shall be cared for at 
the charge of the State. 

Sec. 11. It shall be steadily kept in view by the Legislature 
and the Board of Public Charities, that all penal and charitable 
institutions should be made as nearly self-supporting as is con- 
sistent with the purposes of their creation. 



ARTICLE XII. 



MILITIA. 



Who are liable to 
militia duty. 



Organizing, etc. 



Governor Com- 
mander-in Chief. 



Exemptions. 



Section 1. All able-bodied male citizens of the State of North 
Carolina, between the ages of twenty-one and forty years, who 
are citizens of the United States, shall be liable to do duty in the 
militia: Provided, that all persons who may be averse to bearing 
arms, from religious scruples, shall be exempt therefrom. 

Sec. 2. The General Assembly shall provide for the organizing, 
arming, equipping and discipline of the militia, and for paying 
the same, when called into active service. 

Sec. 3. The Governor shall be Comrnander-in- Chief, and shall 
have power to call out the militia to execute the law, suppress 
riots or insurrection, and to repel invasion. 

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



Contention, how 
culled. 



How the Consti- 
tution may be 
altered. 



ARTICLE XIII. 

AMENDMENTS. 

Section!. No Convention of the people of this State shall 
ever be called by the General Assembly, unless by the concur- 
rence of two-thirds of all the members of each House of the Gen- 
eral Assembly, and except the proposition, Convention or No 
Convention, be first submitted to the qualified voters of the whole 
State, at the next general election in a manner to be prescribed 
by law. And should a majority of the votes cast be in favor of 
said Convention, it shall assemble on such day as may be pre- 
scribed by the General Assembly. 

Sec. 2. No part of the Constitution of this State shall be altered 
unless a bill to alter the same shall have been agreed to by three- 
fifths of each House of the General Assembly. And the amend- 



Constitution of North Carolina. lix 

ment or amendments so agreed to shall be submitted at the next 
general election to the qualified voters of the whole State, in 
such a manner as may be prescribed by law. And in the event 
of their adoption by a majority of the votes cast, such amend- 
ment or amendments shall become a part of the Constitution of 
this State. 



ARTICLE XIV. 

MISCELLANEOUS. 



Section 1. All indictments which shall have been found, or indictments 
may hereafter be found, for any crime or offense committed be- 
fore this Constitution takes effect, may be proceeded upon in the 
proper Courts, but no punishment shall be inflicted which is for- 
bidden by this Constitution. 

Sec. 2. No person who shall hereafter fight a duel, or assist in Penalty for flght- 
the same as a second, or send, accept, or knowingly carry a chal- iDg duel 
leuge therefor, or agree to go out of the State to fight a duel, 
shall hold any office in this State. 

Sec. 3 No money shall be drawn from the treasury but in Drawing money, 
consequence of appropriations made bylaw; and an accurate 
account of the receipts and expenditures of the public money 
shall be annually published. 

Sec. 4. The General Assembly shall provide, by proper legisla- Mechanics' lien, 
tion, for giving to mechanics and laborers an adequate lien on 
the subject-matter of their labor. 

Sec. 5. In the absence of any contrary provision, all officers of Governor to 
this State, whether heretofore elected, or appointed by the Gov- ™ea t e s appoint ' 
ernor, shall hold their positions only until other appointments 
are made by the Governor, or, if the officers are elective, until 
their successors shall have been chosen and duly qualified accord- 
ing to the provisions of this Constitution. 

Sec. 6. The seat of government of this State shall remain at seat of gover»- 
the City of Raleigh. ment - 

Sec. 7. No person, who shall hold any office or place of trust Holding office, 
or profit under the United States, or any department thereof, or 
under this 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 extend to officers in the militia, Justices of the 
Peace, Commissioners of Public Charities, or commissioners for 
special purposes. 

Sec. 8. All marriages between a white person and a negro, or intermarriages 
between a white person and a person of negro descent to the third negroe^pro-* 1 
feneration inclusive, are hereby forever prohibited. hibtted. 



I NDEX 



Constitution of North Carolina. 



ARTICLE I. 

DECLARATION OF RIGHTS. 



The equality and rights of men 

Political power and government 

Internal government of the State . 

That there is no right to secede 

Of allegiance to the United States Government 

Public debt 

Exclusive emoluments, &c 

The Legislative, Executive and Judicial powers distinct- 

Of the power of suspending laws 

Elections free 

In criminal prosecutions 

Answers to criminal charges 

Right of jury 

Excessive bail 

General warrants 

Imprisonment for debt 

No person to be taken, &c, but by the law of the land_ 

Persons restrained of liberty 

Controversies at law respecting property 

Freedom of the press 

Habeas corpus 

Property qualifications 

Representation and taxation 

Militia and the right to bear arms 

Right of the people to assemble together 

Religious liberty 

Education 

Elections should be frequent 

Recurrence to fundamental principles 

Hereditary enloluments, &c 

Perpetuities, etc 

Ex post facto laws 

Slavery prohibited 

State boundaries 

Courts shall be open 

Soldiers in time of peace 

Other rights of the people * 



Sec. 



2J 

24 
25 
26 
27 
2% 
2* 
o» 

3> 
J* 
31 

34 

3S 
36 

37 









Index to Constitution'. lii 

ARTICLE ii. 

LEGISLATIVE DEPARTMENT. 

Art. See. 

Two branches 2 1 

Time of assembling 2 2 

Number of Senators 2 3 

Regulations in relation to districting the State for Senators 2 4 

Regulations in relation to apportionment of Representatives 2 5 

Ratio of representation 2 i 

Qualifications for Senators 2 7 

Qualifications for Representatives 2 % 

Election of officers 2 9 

Powers in relation to divorce and alimony 2 19 

Private laws in relation to the names of persons, &c 2 11 

Thirty days' notice shall be given anterior to passage of private laws 2 12 

Vacancies 2 13 

Revenues 2 14 

Entails 2 15 

Journals : 2 16 

Protest 2 17 

Officers of the House . 2 18 

President of the Senate 2 19 

Other Senatorial officers 2 20 

Style of the acts 2 21 

Powers of the General Assembly 2 22 

Bills and Resolutions to be read three times, &c 2 23 

Oath for members 2 24 

Terms of office 2 25 

Yeas and Nays 2 2< 

Election for members of the General Assembly 2 27 

Pay of members and officers of the General Assembly 2 28 

Extra session 2 1% 

ARTICLE III. 

EXECUTIVE DEPARTMENT. 

Art. See. 

Officers of the Executive Department 3 1 

Terms of office 3 1 

Qualifications of Governor and Lieutenant-Governor 3 2 

Returns of elections 3 3 

Oath of office for Governor 3 4 

Duties of Gorernor 3 5 

Reprieves, commutations and pardons 3 6 

Annual reports from officers of Executive Department and of Public Institutions 3 7 

Commander-in-Chief 3 > 

Extra sessions of General Assembly 3 9 

Officers whose appointments are not otherwise provided for 3 10 

Duties of Lieutenant-Governor 3 11 

In case of Impeachment of Governor or vacancy caused by death or resignation 3 12 

Duties of other executive officers ' 3 13 

Council of State 3 14 

Compensation of executive officers 3 15 

Seal of State 3 i* 

Department of Agriculture, Immigration and Statistics 3 17 



liii Index to Constitution. 

ARTICLE IV. 

JUDICIAL DEPARTMENT. 

Art. Sec. 

Abolished the distinctions between actions at law and suits in equity 4 1 

Feigned issues abolished 4 1 

Division ol Judicial powers 4 2 

Trial Court of Impeachment . 4 3 

Impeachment 4 4 

Treason against the State 4 5 

Supreme Court Justices 4 6 

Terms of the Supreme Court . 4 7 

Jurisdiction of the Supreme Court 4 8 

Claims against the State 4 9 

Judicial Districts for Superior Courts 4 10 

Residence of Judges Rotation of Judicial Districts. And Special Terms 4 11 

Jurisdiction of Courts inferior to Supreme Court 4 12 

In case of waiver of trial by jury , 4 13 

Special Courts in cities 4 14 

Clerk of Supreme Court _ 4 15 

Election of Superior Court Clerk . 4 16 

Terms of office 4 '7 

Fees, salaries and emoluments 4 18 

What laws are and shall be in force 4 19 

Disposition of actions at law and suits in equity pending when this Constitution shall go 

into effect, &c 4 20 

Election, term of office, &c, of Supreme and Superior Court Judges 4 21 

Transaction of business in the Superior Courts _ 4 22 

Solicitors for each Judicial District 4 23 

Sheriffs and Coroners 4 24 

Vacancies 4 25 

Terms of office of first officers under this Article 4 26 

Jurisdiction of Justices of the Peace 4 27 

Vacancies in office of Justices 4 28 

Vacancies in office of Superior Court Clerk 4 29 

Officers of other Courts inferior to Supreme Court 4 30 

Removal of Judges of the various Courts for inability 4 31 

Removal of Clerks of the vaiious Courts for Inability 4 32 

Amendments not to vacate existing offices 4 33 

ARTICLE V. 

REVENUE AND TAXATION. 

Art. Sec. 

Capitation tax 5 1 

Exemptions 5 1 

Application of proceeds of State and county capitation tax 5 2 

Taxation shall be by uniform rule and ad valorem 5 3 

Restriction upon the increase of the public debt, except in certain contingencies 5 4 

Property exemptions from taxation 5 5 

Taxes levied by County Commissioners 5 6 

Acts levying taxes shall state object, &c 5 7 

ARTICLE VI. 

SUFFRAGE AND ELIGIBILITY TO OFFICE. 

Art. Sec. 

Qualifications of an elector 6 1 

Registration of electors 6 2 

Elections by people and General Assembly 6 3 

Oath of office 6 4 

Disqualification for office 6 5 



Index to Constitution. lxiii 

ARTICLE VII. 

MUNICIPAL CORPORATIONS. 

Art. Sec. 

County officers 7 1 

Duty of County Commissioners 7 2 

Counties to be divided into districts 7 3 

Said districtn shall have corporate powers as Townships 7 4 

t Officers of Townships 7 5 

Trustees shall assess property 7 6 

No debt or loan except by a majority of voters 7 7 

Drawing of money 7 8 

Taxes to be ad valorem 7 9 

When officers enter on duty 7 10 

Governor to appoint Justices 7 11 

Charters to remain in force until legally changed 7 12 

Debts in aid of the rebellion not to be paid 7 13 

Powers of General Assembly over municipal corporations 7 14 

ARTICLE VIII. 

CORPORATIONS OTHER THAN MUNICIPAL. 

Art. Sec. 

Corporations under general laws 8 1 

Debts of corporations how secured 8 2 

What corporations shall include 8 3 

Legislatures to provide for organizing Cities, Towns, &c 8 4 

ARTICLE IX. 

EDUCATION. 

Art. Sec. 

Education shall be encouraged 9 1 

General Assembly shall provide for schools 9 2 

Separation of the races 9 2 

Counties to be divided into districts 9 3 

What property shall be devoted to educational purposes 9 4 

County school funds 9 5 

Proviso 9 5 

Election of Trustees and provision for maintenance of the University 9 6 

Benefits of the University 9 7 

Board of Education 9 8 

President and Secretary 9 9 

Power of Board 9 10 

First session of Board 9 n 

Quorum 9 12 

Expenses 9 13 

Agricultural Department 9 14 

Children must attend school 9 15 

ARTICLE X. 

HOMESTEADS AND EXEMPTIONS. 

Art. Sec. 

Exemption ; 10 1 

Homestead 10 2 

Homestead exempted from debt 10 3 

Laborer's lien 10 4 

Btneflt of widow ,_ 10 5 

Property of a married female secured to her 10 6 

Husband may insure his life for the benefit of wife and children 10 7 

How deed for homestead may be made 10 8 



lxiv Index to Constitution. 

ARTICLE XI. 

PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES. 

Art. Sec. 

Punishments H i 

Convict labor n i 

Proviso ii" i 

Death punishment n 2 

Penitentiary n 3 

Houses of correction 11 4 

Houses of refuge 11 5 

The sexes to be separated ^ 11 6 

Provision for the poor and orphans 11 7 

Orphan houses 11 8 

Inebriates and idiots 11 9 

Deaf-mutes, blind and insane 11 10 

Self-supporting 11 II 

ARTICLE XII. 

MILITIA. 

Art. Sec. 

"Who are liable to Militia duty 12 1 

Organizing, &c 12 2 

Governor, Commander-in-Chief 12 3 

Exemptions 12 4 

ARTICLE XIII. 

AMENDMENTS. 

Art. Sec. 

Convention, how called 13 1 

How Constitution may be altered 13 2 

ARTICLE XIV. 

MISCELLANEOUS. 

Art. Sec. 

Indictments 14 1 

Penalty for fighting duel 14 2 

Drawing money 14 3 

Mechanic's lien 14 4 

Governor to make appointments 14 5 

Seat of Government 14 6 

Holding office 14 7 

Intermarriage of whites and negroes prohibited * 14 t 






PUBLIC LAWS 



OF THE 



State of North Carolina 



SESSION 1899. 



PUBLIC LAWS 

OF THE 

State of North Carolina 



SESSION 1899. 



CHAPTER 1. 



An act to revise, consolidate and amend the insanity laws of 
this state. 

The General Assembly of North Carolina do enact : 

Section 1. That the hospital for the insane, located near Morgan- Morganton hos- 
ton, shall be and remain a corporation under this name : " The State cofpoKit^name 
Hospital at Morganton." The hospital for the insane, located near Raleigh hospital 
Raleigh, shall be and remain a corporation under this name: "The for3nsane - 
State Hospital at Raleigh." The hospital for the insane, located near Corporate name. 

Goldsboro, shall be and remain a corporation under this name : "The Qoldsboro hos- 

r pital for insane. 

State Hospital at Goldsboro." Under such name each corporation corporate name. 

is invested with all the property and rights heretofore held by each, 

under whatsoever name called or incorporated, and all other corpo- Corporate powers. 

rate names are hereby abolished. Hereafter in this act, when the 

above names are used, they shall be deemed to relate back to and Retroactive ap- 

include the corporation, under whatsoever name it might heretofore p lca 10n ° e * 

have had. 

Sec 2. The State Hospital at Morganton, and the State Hospital May acquire 
at Raleigh, and the State Hospital at Goldsboro, may each acquire 
and hold, for the purpose of its institution, real and personal prop- 
erty, by devise, bequest or by any manner of gift, purchase or con- 
veyance whatsoever. 

Sec 3. The State Hospital at Morganton, and the State Hospital Purpose for 
at Raleigh, shall be exclusively for the accommodation, maintenance, ed. 1C mam am * 
care and treatment of the white insane and inebriates of this state, 
and the State Hospital at Goldsboro shall be exclusively for the ac- 
commodation, maintenance, care and treatment of the colored insane 
and inebriates of this state. 

Sec 4. The line heretofore agreed upon by the directors of the Line of division. 
State Hospital at Morganton, and the State Hospital at Raleigh, 
shall be the line of division between the territories of the said hos- 
pitals/and white insane persons and inebriates settled in counties 



1899— Chapter 1. 



Directors may 
change line of 
division. 



Western and 
Eastern hospital 
districts. 



Number of di- 
rectors. 

How appointed. 
Quorum. 



Classes of direct- 
ors. 



Term of office. 



Vacancies occur- 
ring. 



Term of office of 
succeeding di- 
rectors. 



Executive com- 
mittee. 



Term of office. 



Powers of direct- 
ors. 



Compensation of 
directors. 



to west of said line shall be admitted only into the State Hospital at 
Morganton, and white insane persons and inebriates settled in coun- 
ties to the east of said line shall be admitted only into the State 
Hospital at Raleigh. The board of directors of these two hospitals 
may, by agreement, change said line from time to time whenever in 
their opinion such change may be proper, and they may, by agree- 
ment, transfer patients from one hospital to the other when such 
transfer may be deemed advantageous. That portion of the state 
which is or may hereafter be west of said division line shall be known 
as the Western Hospital District, and that portion of the state which 
is or may hereafter be east of said line shall be known as the Eastern 
Hospital District. 

Sec. 5. Each corporation shall be under the management of a 
board of nine directors, no two of whom shall be resident of the same 
county, nominated by the governor and by and with the advice and 
consent of a majority of the senators-elect, appointed by him, of 
whom five directors shall be a quorum, except when three of their 
number are hereby in this law empowered to act for special purpo- 
ses. Each board of directors shall be in classes of three, as they are 
now divided, and the term of office of such classes shall expire as 
follows: those of the first class, on the first day of April, nineteen 
hundred and one ; of the second class, on the first day of April, 
nineteen hundred and three ; and of the third class, on the first day 
of April, nineteen hundred and five. At the expiration of their said 
respective terms of office, all appointments shall be for a term of six 
years, except such as are made to fill unexpired terms. Every va- 
cancy occurring in any board of directors at a time when the gen- 
eral assembly shall not be in session, shall be filled by an election 
held by the remaining members of the board at their next regular 
meeting after the vacancy occurs, and the person thus elected shall 
hold office until his successor shall have been appointed by the gov- 
ernor and confirmed by the senate as aforesaid, at the next regular 
meeting of the general assembly, 

Sec. 6. Each board of directors shall, out of their number, appoint 
three members as an executive committee, who shall hold their re- 
spective offices as such for one year, and shall have such powers and 
be subject to such duties as the board of directors may delegate to 
them. 

Sec. 7. Each board of directors shall direct and manage the affairs 
of their institution and shall for its purposes have power to receive, 
hold, manage, convey, or otherwise dispose of, in the name of their 
institution, all such propertj T or estate as may hereafter be given or 
otherwise be conveyed to their corporation ; and the members of 
each board shall serve without reward, save their traveling expenses 
incurred in the discharge of their official duties. 

Sec. 8. Each board of directors shall convene at the [hospital of 



1899— Chapter 1. 5 

which it has charge, on the first Wednesday after the first Monday Time of meeting, 
in April of each year, and at such other times as they shall appoint, 
and investigate the administration of its affairs, and report on the 
same to the general assembly, with such remarks and recommenda- 
tions as to them shall seem expedient. 

Sec. 9. Each board of directors shall appoint a superintendent of Appointment of 
their institution and prescribe his duties. He shall be a skilled phy- superintendents, 
sician. educated to his profession, of good moral character, of prompt 
business habits, and of kindly disposition. He shall hold office for Superintendent, 
six years from and after his appointment, unless sooner removed by Term of office, 
said board, who may, for infidelity to his trust, gross immorality or May be removed, 
incompetency to discharge the duties of his office, fully proved and 
declared, and the proofs thereof recorded in the book of their pro- 
ceedings, remove him and appoint another in his place. 

Sec. 10. Each board of directors shall appoint one or more assist- Appointment of 
ant physicians, and with the advice and consent of the superintend- assistants, 
ent, prescribe his duties. The superintendent may, with the advice 
and consent of the executive committee of the board of directors, 
for insubordination, immorality, neglect of duty, or incompetency, Superintendent 
suspend an assistant physician until a meeting of the board of di- ^%tant Peild 
rectors can be called, which meeting shall be called as soon as prac- 
ticable, in no event later than thirty days, when any charges pre- when charges are 
ferred by the superintendent are to be investigated, and such action preferred, 
taken as the board may deem best. Every assistant physician shall 
hold his place for two years from and after his appointment, unless Term of office of 
sooner removed for good cause, which shall be specified and recorded assistants, 
in their proceedings. 

Sec. 11. Each board of directors at their annual meeting shall, on Appointment of 
nomination of the superintendent, appoint a steward, and if they nos P ital corps, 
shall think proper to do so, a matron also, who shall hold their places 
for one year, unless sooner suspended or removed by the superin- 
tendent or board of directors for good cause, in which case their 
successors shall be nominated and appointed for the unexpired terms 
of those removed. The method of procedure for the suspension and 
removal of assistant physician, contained in the preceding section of 
this act, shall be followed in the suspension and removal of any 
steward or matron. The steward, before entering upon the discharge 
of his duties, shall execute to the hospital a bond in the sum of two steward shall ex- 
thousand and five hundred dollars, with sureties to be approved by ecu te bond, 
the board of directors, conditioned for the faithful administration of 
his duties, and the proper accounting and disbursement of all money 
and property coming into his hands. The state treasurer shall be 
treasurer of said corporations. The state treasurer shall keep all state treasurer 
accounts of the institutions, and shall pay out all moneys upon the thes^«frpOTa° f 
warrant of the respective superintendents, countersigned by two tions. 
members of the board of directors, under such rules and regulations 
as the respective boards may establish. 



6 



1899— Chapter 1. 



Salaries, how 
fixed. 



Proviso. 
Proviso. 
Compensation 
shall be certain. 



Power of superin- 
tendent. 



By-laws and regu 
lations to be 
made^by direct- 
ors. 



Reports shall be 
published. 



Proceedings for 
admission. 



Sec. 12. Each board of directors shall fix the salaries and compen- 
sation of the superintendent, and the officers and employees whose 
services may be necessary for the management of the hospital under 
charge of said board : Provided, that the salaries shall not be dimin- 
ished .during the term of the incumbents : Provided further, that 
the salary of the superintendent shall be a sum certain, without 
other compensation or allowance, except such rooms in the hospital 
for the use of his family, and such articles of food produced on the 
premises as said board of directors may permit. 

Sec. VS. Each superintendent shall exercise exclusive direction 
and control over all the subordinate officers and employees engaged 
in the service and labors of his hospital, and he may discharge such 
as have been employed by himself or his predecessors, and shall re- 
port to the board of directors of his hospital the misconduct of all 
subordinates. 

Sec. 14. Each board of directors shall make all such by-laws and 
regulations for the government of their institutions as shall be nec- 
essary ; among which regulations shall be such as shall make the 
institution as nearly self-supporting as is consistent with the pur- 
pose of its creation. The board shall cause the by-laws and regula- 
tions, the report of the superintendent, and that of the treasurer, to 
be published with their report to the general assernbty, copies of 
which shall be sent to the clerk of the superior [courtj of every 
county in the state. 

Sec. 15. For admission into a state hospital, the following proceed- 
ings shall be had : Some respectable citizen, residing in the county 
of the alleged insane person, shall make before and file with the clerk 
of the superior court of the county, an affidavit in writing, which 
shall be substantially in the following form : 



State of North Carolina, 

County. 

The undersigned, residing in said county, makes oath that he has 
carefully examined and believes him to be an insane per- 
son, and to be, in the opinion of the undersigned, a fit subject for 
admission into a hospital for the insane. 

Dated day of , A. D 

, Affiant. 

Sworn and subscribed before , Clerk superior court. 



Whereupon, unless the person in whose care or custody the insane 
person is, will agree to bring him before said clerk without a war- 
rant, or unless the clerk shall be of the opinion that it will be inju- 
rious to the in&ane person to be brought before him, the clerk shall 
issue a precept, directed to the sheriff or other lawful officer, sub- 
stantially in the following form : 



1899— Chapter 1. 7 

State of North Carolina. 

To the Sheriff or other lawful officer of county— Greeting : 

Whereas, information on oath, has been laid before me that 

is insane, you are hereby commanded to bring him before me 
within the next ten days that necessary proceedings may be had 

thereon. Given under my hand day of , A. D. 

, Clerk superior court. 

• If the alleged insane person be confined in jail otherwise than for 
crime, the sheriff shall remove him from the jail upon the order from 
the clerk. Upon the bringing of the alleged insane person before 
the clerk by his friends, or upon the return of the precept with the 
body of [the] insane person, the clerk shall call to his assistance the When clerk shall 
county physician of said county, or some other licensed and reputa- call in physician, 
ble physician, resident of this state, and shall proceed to exam- 
ine into the condition of mind of the alleged insane person ; he 
shall take testimony of at least one licensed physician, resident of 
this state, and if possible, a member of the family, or some friend or 
person acquainted with the alleged insane person, who has had op- 
portunities to observe him after such insanity is said to have begun. 

If the clerk, after his examination of the alleged insane person, Duty of clerk, 
and the hearing of the testimony as aforesaid, shall decide that such 
person is sane, he shall forthwith discharge him. If he shall decide 
that such person is insane, and some friend, as he may do, will not 
become bound with good security, in an amount to be fixed by the shall give securi- 
clerk, to restrain him from committing injuries, and to keep, sup- ^^ ^amrnitting 
port and take care of- him until the cause for confinement shall cease, injury, 
he shall direct such insane person to be removed to the proper hos- 
pital as a patient, and to that end he shall direct a warrant to the 
sheriff, or other officer, and at the same time shall transmit to the 
proper board of directors the examination of the witnesses, and the 
statement of such facts as he shall deem pertinent to the subject 
matter, which warrant shall be substantially as follows : 

State of North Carolina. 
To the Sheriff or other lawful officer of county — Greeting : 

Whereas, it has been made to satisfactorily appear to me , Form of clerk's 

clerk of the superior court of said county, that , a citizen warrant - 

of the state, is an insane person, that he has a legal settlement in 
said county, and is a fit subject for a state hospital, and that his 
being at large is injurious to himself and disadvantageous if not dan- 
gerous to the community: you are hereby commanded to take the 

said , and convey him to the proper hospital, and there 

deliver him .to the superintendent thereof for safe keeping. 

Given under my hand this day of , A. D 

--- -., Clerk superior court. 



1899— Chapter 1. 



Clerk may go to 
residence of in- 
sane person. 



In cases of emer 
gency. 



Fees for officers 
making exami- 
nation. 



Fees for physi- 
cian attending 



County physician 
allowed no com- 
pensation. 
Insane patients 
in counties other 
than their own. 



Transcript of 
proceedings to 
insane person's 
county. 



Failure by coun- 
ty to pay. 



If the clerk of the court shall be of the opinion that it will be in- 
jurious to the alleged insane person to be brought before him, the 
clerk shall proceed to the residence or habitation of said person and 
take the examination there. 

In a case of emergency, when for any reason the clerk of the court 
can not go or is absent from the county, then any justice of the 
peace is hereby authorized to proceed in like manner by taking the 
testimony of the physician and other witnesses, as is before provided 
for in this section, and report the same to the clerk. If the clerk is 
satisfied that the alleged insane person is a fit subject for a hospital 
for the insane, he shall issue an order for his commitment. In cases 
of great emergency or inconvenience, the said justice may commit 
a patient to a hospital, and the superintendent is authorized to re- 
ceive him, but the justice shall procure an order from the clerk to 
be forwarded to the superintendent within thirty days. The follow- 
ing fees shall be allowed to the officers who make the examination 
and they shall be paid by the county in which the alleged insane 
person is settled : to the clerk or justice who makes the examination, 
two dollars, and if the clerk goes to the home of the insane person, 
he shall be entitled, in addition to this sum, to five cents a mile each 
way. This shall cover his entire cost in taking the examination, 
and making out the necessary papers. 

The physician called in the absence of the county physician, shall 
be entitled to two dollars with mileage. The sheriff shall be entitled 
to such fees as are now allowed by law for the service of process of 
similar character. 

The county physician, being a salaried officer, is not allowed any 
fee for his services in this examination. 

Sec. 16. Whenever any citizen or resident of this state becomes 
suddenly or violently insane, in some county other than that of his 
settlement, the proper authorities, as hereinbefore provided, of any 
county in which he shall be, shall have authority to examine him, 
and if necessary commit him to the hospital to which he would be 
sent had he been committed from the county of his own settlement. 
"""Immediately upon the commitment to a hospital of any such person, 
a transcript of the proceedings shall be sent to the clerk of the 
county in which he is settled, and that county shall pay over to 
that county from which he was committed, all the cost of the ex- 
amination and commitment, and if the board of commissioners 
of the county of the settlement shall fail to pay all proper expense 
of said proceedings within sixty days after the claim shall have been 
presented, they shall forfeit and pay to the county which committed 
the insane person the sum of two hundred and fifty dollars, to be 
recovered by the commissioners of that county in a. civil action 
brought in the superior court of that county from which the patient 
was committed to the hospital, against the commissioners of the 






1899— Chapter 1. 9 

other county. If any person not a citizen or resident of this state, Insane persons 
but a citizen and resident of another state of the United States, states how dealt 
shall be ascertained to be insane, the clerk of the court shall imrne- witn - 
diately notify the governor of the state of which the insane person 
is a citizen, of the facts and circumstances by letter (or telegraphic 
message if he thinks proper), and for a reasonable length of time 
the insane person shall be kept confined or restrained in said county* 
but shall not be committed to any state hospital, and if the state of his 
citizenship shall not provide for the removal from this state to his 
proper state of the insane person within a reasonable time, the 
county commissioners of the county in which he shall have been Shall be delivered 
ascertained to be an insane person, shall cause him to be conveyed county ° lve 
to the state of which he is a citizen and delivered there to the sheriff 
of his county or to the superintendent of any state hospital. The 
cost of such proceedings and conveyance away from this state shall cost of proceed- 
be borne by the county in which the person shall have been adjudged lngs ' 
to be insane. If any person, not a citizen of the United States, Insane persons 
shall be ascertained to be insane, the clerk of the court shall imme- united statesf 
diately notify the governor of this state of the name of the insane 
person, the country of which he is a citizen, and his place of resi- 
dence in said country if the same can be ascertained, and such other 
facts in the case as he may obtain, together with a copy of the ex- 
amination taken ; and the governor shall transmit said information 
and examination to the secretary of state at Washington, D. C, with 
the request that he inform the minister resident or plenipotentiary 
of the country of which the insane person is supposed to b# a citizen. 

Sec. 17. The clerk will keep a record of all examinations of persons clerk shall keep 
alleged to be insane, and he shall record in such record a brief sum- rec( ?rd of exami- 
mary of the proceedings and of his findings, and whenever a justice 
of the peace shall transmit to the clerk a report of his proceedings 
(when he shall have examined a person under the powers granted 
under this act) , the clerk shall make a record of his proceedings, 
and for recording the justice's proceedings he shall be entitled to a p ees 
fee of twenty-five cents, to be paid by the county aforesaid, and he 
shall keep a record of all probations and discharges provided for in 
section twenty-two of this act. 

Sec. 18. No clerk of the court or justice of the peace shall com- p er sons who shall 
mit to a hospital any person who is not a bona fide citizen and resi- not De commit- 
dent of this state ; and no person who shall have removed into this 
state from another state while insane, shall be deemed a resident or 
citizen of this state, and no length of residence in this state of a 
person who was insane at the time he moved into this state, shall be 
sufficient to make that person a citizen or resident of North Caro- 
lina within the meaning of this law. In every examination of an 
alleged insane person it shall be the duty of the clerk or justice of Duty of clerk or 
the peace to particularly inquire whether the alleged insane person isto certain 1 facts 6 



10 



1899— Chapter 1. 



Clerk or justice 
knowingly com- 
mitting non-resi- 
dents, a misde- 
meanor. 



Cretins and 
idiots. 



Questions to be 
answered by 
examining phy- 
sician. 



Name of patient. 



is a resident of this state, as hereinbefore set forth, and he shall 
state his findings upon the subject in his report to the superintend- 
ent of the hospital. If it is not possible to ascertain the legal res- 
idence of the alleged insane person, and the clerk or justice of the 
peace shall be of the opinion that the insane person is a resident of 
this state, within the meaning of this law, he shall state that he was 
unable to ascertain the legal residence of the insane person, and 
shall commit him to the hospital of his district. If any clerk or jus- 
tice of the peace shall knowingly commit to any hospital a person 
who is not a bona fide citizen and resident of this state, he shall be 
guilty of a misdemeanor, and upon conviction shall be fined or im- 
prisoned at the discretion of the court. No cretin or idiot shall be 
committed to any hospital, and for the purpose of this act, an idiot 
is deiined to be a person born deficient or who became deficient be- 
fore the full completion of the twelfth year of age. 

Sec. 19. The following questions with their respective answers, 
by at least one licensed physician, resident of this state, and such 
other competent witnesses as the clerk or justice shall determine, duly 
sworn and subscribed by them, and so certified by said clerk or jus- 
tice, shall be transmitted with the other papers to the superintend- 
ent of the proper hospital, to be reported as soon as practicable to 
the board of directors. Pending the consideration of the ap 
tion by the board of directors, the patient shall remain in the cus- 
tody of the officer or such person as the clerk may designate until 
it can be ascertained if there is room for the patient at the hospital. 

Question 1. What is the name of the patient? 

Answer 

Question 2. Is white or colored ? 

Answer 

Question 3. What is age ? 

Answer 

Question 4. What is the occupation of patient ? 

Answer 

Question 5. Is married or single ; and if married for 

how many years ? 

Answer 

Question 6. If patient be married woman, state maiden name. 

Answer 

Question 7. Has any education, if so how much ? 

Answer 

Questions. Where was born? 

Answer 

Question 9. How many attacks of mental disease has the patient 
had? 

Answer 



1899 -Chapter 1. 11 

Question 10. What is the supposed cause of the present attack 
of insanity? 

Answer 

Question 11 . Has been subject to epilepsy ? 

Answer 

Question 12. How long has been insane ? (Count 

from the first symptoms of present attack, and give all known 
symptoms from that time to this date. ) 

Answer _. 

Question 13. In what way is the disease exhibited ? 

Answer 

Question 14. Has any delusions ? If so what are they ? 

Answer . 

Question 15. Is destructive to clothing or furniture ? 

Answer 

Question 16. Is filthy or indecent ? 

Answer 

Question 17. Has the patient manifested any propensity to injure 
self or others ? If so, in what way and how often ? 

Answer 

Question 18. Has ever threatened suicide ? 

Answer 

Question 19. Has ever attempted suicide? 

Answer 

Question 20. Has ever threatened homicide ? 

Answer 

Question 21. Has ever attempted to commit homicide ? 

Answer 

Question 22. Has any family? And if so, what persons 

compose it ? Age of youngest child ? 

Answer 

Question 23. Are any of them insane, and what is the character 
of such insanity ? 

Answer 

Question 24. Are parents of the insane person related by blood ? 
If so, what is the degree of relationship? 

Answer ._. 

Question 25. Have any of ancestors been insane ? If so, 

state what ancestors, and what was the character of their insanity ? 

Answer 

Question 26. Are any of relatives deaf , dumb, blind, idiotic, 

epileptic or paralyzed? If so, state relationship? 

Answer 

Question 27. What is bodily condition ? Chronic or acute 

physical disease. State the diseases and stage of disease (wounds, 
bruises, rupture, pregnancy). 

Answer 



12 



1899-Chapter 1. 



Oath. 



Question 28. Has any medical treatment been pursued ? If so, 
what kind and by whom ? 

Answer 

Question 29. Is in jail ? 

Answer 

Question 30. Is in poor house ? 

Answer 

Question 31. Is under any forcible restraint? If so, what? 

Answer 

Question 32. Has patient any property ? If so, state in what 
property consists, and what is the value thereof ? 

Answer 

Question 33. Has the patient received any aid from county? If 
so, what? 

Answer 

Question 34. Give name and post-office of the nearest relative 
with whom the superintendent of the hospital can correspond, as 
circumstances require, for the benefit of the patient ? 

Answer 

Name 

Relationship 

P. O. address 

Question 35. Give any information in your possession not em- 
braced in the above question, which may throw light on the mental 
or physical condition of the patient ? 

Answer 

..., M. D. 



Witnesses. 

State of North Carolina. 

County. 

Before , officer, duly authorized to ad- 
minister an oath, this day of , A. D , came 

M. D., persons known to be credible and reliable wit- 
nesses (one of whom is a physician) , and make oath that the fore- 
going answers are true to the best of their knowledge and belief. 



When commis- 
sioners may 
discharge insane 
persons. 



Sec. 20. It shall be the duty of the board of county commission- 
ers, by proper order to that effect, to discharge any ascertained in- 
sane person in their county, not admitted to the appropriate hospital, 
and not committed for crime, when it shall appear upon the cer- 
tificate of two respectable physicians, and the chairman of their 






1899— Chapter 1. 13* 

board, that such insane person ought to be discharged if in a hos- 
pital. 

Sec. 21. Wherever any insane person shall be conveyed to any When superin- 
hospital, and the superintendent is in doubt as to the propriety of propriety of ad- 

his admission, he may convene any three of the board of directors of mission of 

' J J patient, 

his hospital, who shall constitute a board for the purpose of exam- 
ining and deciding if such person is a proper subject for admission ; 
and if a majority of such board so decide, such person shall be re- 
ceived into said hospital ; but a like board may at any time there- 
after deliver said insane person to any friend who will become 
bound with good surety, to restrain him from committing injuries, 
and to keep, maintain, and take care of him, in the same manner as 
he might have become bound under the authority of the clerk of the 
court. 

Sec. 22. Any three of the board of directors of any hospital, upon Board may dis- 
the superintendent certifying the facts, (a copy of which certificate admitted. rS ° nS 
shall be sent to the clerk of the superior court of the county of settle- 
ment) , shall be a board to discharge or remove from their hospital 
any person admitted as insane, when such person has become, or is 
found to be of sane mind, or when such person is incurable, and in 
the opinion of the superintendent his being at large will not be in- 
jurious to himself or dangerous to the community, or said board 
may permit such person to go to the county of his settlement on 
probation, when in the opinion of the said superintendent it will not 
be injurious to himself or dangerous to the community ; and said 
board may discharge or remove such person, upon other sufficient 
causes appearing to them, and whenever any such person, admitted 
as indigent, may be so discharged or removed, except as sane, it shall 

be the duty of the sheriff of the county of his settlement to convey County shall 

, j. i • x j. -x j i bear expense, 

such person to his county at its expense, and any such person 

discharged as sane shall receive from such hospital a sum of money 

sufficient to pay his transportation to the county of his settlement, 

which sum shall be repaid by said county, and if necessary, the 

r hospital shall provide the patient with a decent suit of clothes. 

""When notified by the superintendent to come for, and remove any sheriff shall 

insane person from the hospital, it shall be the duty of the sheriff of remove insane 
L J persons when 

the county, in which the insane person has a settlement, forthwith notified by 

to convey the insane person from the hospital to the county of his supenn en en ■ 

settlement. The cost of said removal shall be advanced by the 

sheriff and repaid to him by the county of insane person's settlement, 

and if any sheriff, after having been notified by the superintendent 

to remove any insane person as aforesaid, shall fail to do so within sheriff's failure 

fifteen days from the time of the receipt of the letter of notice, he to ? ee 4 notice 
J L unlawful. 

shall forfeit and pay to the said hospital the sum of fifty dollars, to penalty, 
be collected in the manner hereinafter provided for the collection of 
penalties, given in this act, and if the commissioners of any county 



'14 



1899— Chapter 1. 



Superintendents 
may discharge 
persons upon pro- 
bation. 



Report of proba- 
tion. 



Sheriff shall 
attend to comfort 
of insane persons. 



Failure to comply 
with this section 
unlawful. 



Sheriffs shall not 
convey patients 
to hospitals 
unless knowing 
the patient will 
be admitted. 



Superintendent 
may refuse cer- 
tain patients. 



shall fail to repay to the hospital the money disbursed in paying for 
the necessary clothes and traveling expenses of any person discharged 
as cured from said hospital, within sixty days after the presentation 
of a claim therefor, the said commissioners shall forfeit and pay to 
the said hospital the sum of fifty dollars to be collected iu the man- 
ner hereinafter provided for the collection of penalties. 

Sec. 23. Each superintendent may, for the space of thirty days, 
or until the next meeting of the board of three directors provided 
for in section twenty-two of this act, discharge upon probation any 
patient, when in his opinion the same would not prove injurious to 
the patient or dangerous to the community. A report of all such 
probations shall be rendered to the said board of three directors at 
their first ensuing meeting. • 

Sec. 24. Every sheriff or other person bringing to a hospital a 
patient, shall see that the patient is clean, free from contagious dis- 
ease and vermin, and that he has clothing proper for the season of 
the year, and in all cases two full suits of underclothing. When 
necessary to buy clothing for the patient, or to do any act necessary 
to comply with this section, the sheriff shall make the purchase, or 
have done the act, and the same shall be paid for by the state hos- 
pitals. If any sheriff or other person shall carry to a hospital a 
patient without meeting the requirements of this section, he shall 
forfeit to, and pay to the hospital to which he carries the patient 
the sum of twenty-five dollars, to be recovered by said hospital in 
the manner hereinafter provided, and if any state hospital shall fail 
to repay to the sheriff the money properly and necessarily expended 
in having any patient properly attended to and clothed and pro- 
vided with clothes as hereinbefore required, within sixty days after 
the sheriff or other person, shall have presented to them his account 
for the same the state hospitals shall forfeit to the said sheriff, or 
other person, ithe sum of twenty-five dollars, to be recovered by 
the sheriff or other person in a civil action before any justice of the 
peace of the county. 

Sec. 25. No sheriff or other person shall convey a patient to any 
hospital without having ascertained that the patient will be admit- 
ted, and if any sheriff or other person shall carry a patient to a hos- 
pital without having ascertained that the patient will be admitted, 
and the patient is not admitted, he shall be required to convey the 
patient back to the county of his settlement, and he shall not be re- 
paid by the county or the hospital, for the expenses incurred in carry- 
ing the patient to and from the hospital. 

Sec. 26. The superintendent of the hospital may refuse to receive 
into his institution a patient when he shall have reliable information 
that the patient has recently been exposed to infectious or contagi- 
ous disease, and there is danger of contagion and infection being 
conveyed by the patient or where the patient comes from a quaran- 
tined community. Whenever a patient is rejected because of any 



1899— Chapter 1. 15 

of these reasons, the superintendent shall make a record of the ap- 
plication, and as soon as, in his opinion, the danger shall have been 
removed, he shall notify the sheriff of the county, and admit the 
patient into his hospital. 

Sec. 27. Any superintendent may notify the sheriff within whose Patients on pro- 
county any person sent from his hospital on probation , or escaped how°returnedf e ' 
therefrom, may be found, and thereupon it shall be the duty of such 
sheriff forthwith to take such person and return him to such hos- 
pital at the expense of the county of the settlement of the patient. 

Sec. 28. For the purposes of this chapter the settlement of every Residence of 
person admitted to a state hospital as insane shall be in the county P atlents defined, 
where the actual place of his residence at his admission may be sit- 
uated, when such settlement comes in. question, but no person can 
have a settlement in any county in this state unless he is a bona fide 
citizen and resident of this state, and was so before mental disease 
became manifest. 

Sec. 29. All bonds executed for restraining insane persons from Bonds executed 
committing injuries, and for their safe keeping, support and care, p^tfents^towhom 
shall be payable to the state of North Carolina, in the sum of five issued - 
hundred dollars at least, and shall be transmitted to the clerk of the 
superior court of the county wherein said insane person is settled, 
for safe keeping, and may be put in suit by any person injured by 
said insane person by reason of his insane condition ; and shall be 
put in suit by the solicitor for the judicial district, in which the 
county of said insane persons' residence is situate, for any other 
breach thereof, wherein the damage received shall be for the use of 
said insane person. 

Sec. 30. The form of bond mentioned in preceding section shall be Form of bond, 
as follows : 

State of North Carolina, 
County of . . 

Know all men by these presents, that we A B 

principal, and C D , and E P.. 

sureties, are held and [firmly bound unto the state of North Caro- 
lina in the sum of dollars for the payment whereof we 

bind ourselves and each of us. 

Witness our hands and seals this day '. 1 

The condition of the above obligation is this : 

Whereas, the said A B with the view of hindering G 

H an insane person resident in the county aforesaid from being 

sent to insane [hospital (or to effect his release from the 

said hospital as the case may be) hath undertaken to restrain him 
from committing injuries and to keep, maintain, support and take 
care of the said G H , Now, if the said A 



16 



1899— Chapter 1. 



Directors and su- 
perintendents 
not liable. 



Cost|and expenses 
of conveying 
patients. 



When patient 
has sufficient 
means. 



Failure to com-; 
ply with condi-j 
tions of bond. 



Moneysand 
proceeds given to 
hospitals, to 
whom paid. 



Certain other 
proceeds, how 
applied. 



Hospital officers 
and emplo>ees 
exempt from 
certain duties. 



B. _ _ shall faithfully comply with the conditions of this obli- 
gation, then the same shall be void, otherwise it shall be in full 

force. 

A _._.B [Seal] 

C _...D [Seal] 

E ____F [Seal] 

Sec. 31. No director or superintendent of any state hospital shall 
be personally liable for any act or thing done under, or in pursuance 
of any of the provisions of this chapter. 

Sec. 32. The cost and expenses of conveying every insane person 
to any hospital, from any county, or of removing him from the hos- 
pital to his county, or of the return to the county of his settlement, 
as same, shall be paid by the treasurer of such county, upon the or- 
der of its board of county commissioners. Whenever the board of 
commissioners shall be satisfied that such person has property suf- 
ficient to pay such cost and expenses, or that some other person lia- 
ble for his support and maintenance/has property sufficient to pay 
such costs and expenses as aforesaid, they shall bring an action and 
recover the amount paid from the said person, or from the other 
person liable for his support and maintenance. 

Sec. 33. Whenever it shall be made to appear to the clerk of the 
superior court of the county of settlement of an insane person re- 
leased on bond, that the conditions of the bond are not faithfully 
complied with, said insane person shall be sent back to the proper 
hospital by him, unless some other responsible and discreet friend 
will undertake to fulfill the duties of said obligation and whenever 
said insane person shall be sent back, he shall not be delivered on 
any new bond of the defaulting obligor. 

Sec. 34. All moneys and proceeds of property given to any hos- 
pitals, and all money arising from the sale of any real estate which 
may be owned by such hospital, shall be paid into the state treasury, 
and all donations in which there shall be special directions for their 
applications, shall be kept as a distinct fund and faithfully applied, 
as the donor may have directed ; and the same hospital shall be sup- 
ported by appropriations from the state treasury. But the proceeds 
arising from the sale of personal property belonging to a hospital, 
the board paid by private patients, rentals from real estate, and 
money from any other sources, except the sale of real estate, shall 
remain with the hospital and be used as the board of directors may 
determine. An account of the proceeds of all such income and its 
expenditure shall be carefully kept and published in the report to 
the general assembly. 

Sec. 35. In order to secure their constant supervision and attend- 
ance, the officers and employees of any state hospital shall be ex- 
empt from serving on juries, in the militia, and from the duty of 
working on the public roads. 



Chapter 1. 17 

Sec. 36. Each board of directors shall cause all their proceedings Proceedings of 
to be faithfully and carefully written and recorded in books, and to recorded SbaU b * 
this end may employ a clerk, and pay him a reasonable compensation 
for his services. The books shall, at all times, be open to the inspec- 
tion of the general assembly. 

Sec. 87. The board of public charities and the members of the gen- Ex officio yisi- 
eral assembly shall be ex officio visitors of all state hospitals. It 
shall be the duty of the board of public charities to visit the hospitals Dutv of board of 
from time to time, as they may deem expedient, to examine into pu ,c c aritie8, 
their condition and make report thereon to the general assembly, 
with such suggestions and remarks as they may think proper. And 
to the said board, and to the board of directors of his hospital, and 
to the general assembly only shall each superintendent be required 
to make reports or furnish statistics. 

Sec. 38. The close of the fiscal year shall be the thirtieth day of Close of fiscal 
November in each year, and all accounts and estimates shall be year ' 
made with reference thereto. 

Sec. 39. Whenever any person shall be found to be insane in the Persons with 
mode hereinbefore prescribed, and such person shall be possessed of foV^uppor^etc"* 
an income sufficient to support those who may be legally dependent 
for support on the estate of such insane person, and moreover, to 
support and maintain such insane person in any named hospital 
without the state, or any private hospital within the state ; and 
such insane person, if of capable mind to signify such preference, 
shall, in writing, declare his wish to be placed in such hospital in- 
stead of being in a state hospital (or in case such insane person is 
incapable of declaring such preference, then the same may be de- 
clared by his guardian) and two respectable physicians who shall 
have examined such insane person, with the clerk of the court or 
justice of the peace who made the examination, shall deem it proper, 
then it may be lawful for said clerk or justice, together with said 
physicians, to recommend in writing, that such insane person shall 
be. placed in the hospital so chosen as a patient thereof. 

SEC. 40. It shall be the duty of any person having legal custody of Duty of persons!: 
the estate of such insane person to supply funds for'his support in cuJt^dyof Estates 
the hospital in which he may be so placed during his stay therein, of insane persons, 
and so long as they may be sufficient for that purpose, over and be- 
yond maintaining and supporting those persons w T ho may be legally 
dependent on the estate as aforesaid. 

Sec. 41. It shall be the duty of the justice, when he shall act, to Duty of justice to 
report the proceedings in such cases to the clerk of the superior re P ort - 
court of the county in which such insane person may reside or be 
domiciled. 

Sec. 42. The clerk of the court shall lay the proceedings before the cierk of court 
judge of the superior court of the district in wdiich such insane per- suau la F report, 
son may reside or be domiciled, and if he approve them, he shall so 



18 



Chapter 1. 



Certified copy of 
proceedings, with 
approval of judge 
sufficient war- 
rant. 



friorityishall be! 
given to indigent 
Insane. 
Proviso. 



When private 

apartments 

required. 



Insane persons of 
violent charade i 
may be commit- 
ted to jail 
temporarily. 



May arrange for 
treatment of 
inebriates. 



Counties, cities 
and towns may 

pay expenses of 
inebriates. 



Inebriates de 
fined. 



inebriates, bow 
committed 



Term of commit- 
ment. 



declare in writing, and such proceedings with the approval thereof, 
shall be recorded by said clerk. 

Sec. 43. A certified copy of such proceedings, with the approval of 
said judge, shall be sufficient warrant to authorize any friend of 
such insane person appointed by the said judge to remove him to the 
hospital designated. 

Sec. 44. In the admission of patients to any state hospital, priority 
of admission shall be given to the indigent insane : Provided, that 
the boards of directors may regulate admissions, having in view the 
curability of patients, the welfare of their institutions, and the exi- 
gencies of particular cases : Provided further, that said boards may, 
if there be sufficient room, admit other than indigent patients If 
any inmate of any state hospital shall require private apartments. 
extras or private nurses, the directors, if practicable, shall provide 
the same at a fair price to be paid by said patient. 

Sec. 45. When any person is found to be insane under any of 
the provisions of this chapter, and he can not be immediately ad- 
mitted to the appropriated hospital, and such person is also found 
to be subject to such acts of violence as threaten injury to him- 
self and danger to the community, and he can not otherwise be 
properly restrained, he may be temporarily committed to the 
county jail until a more suitable provision can be made for his 
case. 

Sec. 4 6. The directors of each hospital may arrange for the ad- 
mission into their hospitals for treatment of inebriates of both 
sexes, and may establish rates of charges. No inebriate shall be 
admitted for treatment without pay, but the several counties, 
cities and towns are by this act given authority to pay the ex- 
penses of any inebriate committed at their request. The number 
of inebriates under treatment at the hospital shall not at any 
time exceed twenty four; twelve of each sex. The inebriates 
mentioned herein shall be such as are described in section one 
thousand six hundred and seventy-one of The Code, and the acts 
amendatory thereof. 

Sec. 47. Inebriates may be committed in the same manner and 
with the same provisions and formalities as nearly as is practica- 
ble, as. is hereinbefore provided for the committment of insane 
persons, except that the commitment of every inebriate shall be 
for a specified time, not exceeding twelve months, and in no case 
for a period less than three months. At the end of the period for 
which the inebriate was committed, if the superintendent and 
board of directors shall be of the opinion that a longer confine- 
ment of such inebriate is necessary or advantageous, they may 
detain the inebriate for a longer period not to exceed, in any 
case, six months. 

Sec. 48. If any inebriate, while under treatment at any hos- 



Chapter 1. 19 

pital, is found to be insane, he shall be detained in said hospital Insane inebriates, 
and treated as an insane person. The superintendent shall re- 
port such fact to the board of directors, and they shall treat his 
report as an application for the admission of the inebriate into 
the hospital as an insane patient, and if they approve of the ad- 
mission, the inebriate shall from thenceforth be considered and 
treated as an insane patient, and not as an inebriate, and the or- 
der of the board of directors shall be considered as is provided 
for in a former section of this act. In every such case, the super- Superintendent 
intendent of the hospital shall notify the clerk of the county of c!^ notify 
the patient's settlement, and the clerk shall make an entry upon 
the record he is required to keep of insane persons committed to 
the hospital. 

Sec. 49. Any person believing himself to be of unsound mind, Persons believing 
or threatened with insanity may voluntarily commit himself to unbound 68 
the proper hospital. The application for commitment shall be 
in the form following: 

State of North Carolina. 

County of 

I, , a resident of county, North Carolina, Formofvolun- 

being of mind capable of signifying my wishes, do hereby solicit a ary r an ? per f sonal 

admission as a patient in the state hospital at for admission. 

such a period of time as the board of directors and the superin- 
tendent may deem necessary. And I agree in all respects to con- 
form to the rules and regulations of said institution during the 
period which shall be prescribed by the superintendent and 
board of directors. 
Attest 

And it shall be likewise accompanied by the certificate of a Physician's cer- 
licensed physician, which certificate shall state that in the opin- tlflcate - 
ion of the physician, the applicant is a fit subject for admission 
into a hospital, and that he recommends his admission. The cer- 
tificate of the clerk of the superior court need not accompany 
this application. The superintendent may, if he thinks it a 
proper application, receive the patient thus voluntarily commit- superintends 
ted, and treat him until the next meeting of the board of direct- m ay receive 
ors, or of the executive committee, and shall report the applica- appllcant " 
ticn and admission to the first meeting of either cf said beards, 
and if either of said boards approve said admission, the patient 
shall be considered as having been regularly committed, and 
shall in all respects be treated as such. But no report need be 
made to the clerk of the court of his county of settlement. The 
superintendent and board of directors shall have the same con- Control^ direct, 
trol over patients who commit themselves voluntarily, as they ors and f su perin- 
have over those committed under the regular proceedings here patients. ° r SUCh 



20 



Chapter 1, 



Inmates of hos- 
pitals exempt 
from civil pro- 
cesses except on 
certain condi- 
tions. 



Sufficient 
returns. 



When county 
physician is of 
opinion that ser- 
vice would be 
injurious. 



Clerks may ap- 
point guardians 
for estate of 
insane persons. 



Unlawful to give 
inmate of state 
hospital liquors, 
narcotics, etc. 



inbefore provided. And no voluntary patient shall be entitled 
to a discharge until he shall have given the superintendent ten 
days notice of his desire to be discharged. 

Sec. 50. No sheriff or other officer shall serve a summons or 
other civil process upon an inmate of a hospital, unless he shall 
first have obtained the permission of the superintendent to do 
so, and if the said superintendent shall be of the opinion that the 
said summons or other proceedings can not be servedwithout in- 
jury to said inmate, he shall not serve the same upon the inmate 
at all, but shall make service thereof by reading the same and 
delivering a copy of the same to the superintendent, and he shall 
endorse upon the summons and other process the manner of ser- 
vice, and state that it was served upon the superintendent of the 
hospital, naming him, because he was informed by the said su- 
perintendent that the defendant or person upon whom the sum 
mons or process was to be served was an inmate of his hospital, 
and that the service could not be made upon the inmate without 
danger of injury to him. Such return shall be deemed sufficient, 
and shall in all respects be considered as valid as if the service 
had been made upon the inmate in person. And when an insane 
person shall be confined in the jail of any county, it shall be 
sufficient for the officer charged with service of a notice, sum- 
mons or other civil process, to serve the same upon the insane 
person, unless the county physician shall be of the opinion that 
it would be injurious to the insane person. In that case service 
shall be made in the manner aforesaid upon the sheriff and the 
county physician, and the officer charged with the service of said 
process, shall state all the facts and the manner of his service upon 
the sheriff and the county physician, naming them, and the said 
return shall be deemed sufficient and in all respects as valid as if 
it had been made actually upon the insane person. 

Sec. 51. Upon the hearing before the clerk of the superior court 
of an application for the appointment of a guardian for the per- 
son or estate of any person alleged to be insane, the certificate of 
the superintendent of any state hospital certifying under oath, 
before any notary public or clerk of the court that the alleged 
lunatic is an inmate of his hospital and that he has been an in- 
mate for not less than three months, and that he believes that 
the said inmate is an insane person, shall be sufficient evidence 
upon which the clerk of the court may adjudge the person to be 
insane, and to justify the clerk in appointing a guardian for his 
property or person, or for both, and in such cases, an inquest of 
lunacy shall not be necessary. 

Sec. 52. It shall be unlawful for any person to sell or give to 
any inmate of a state hospital any intoxicating drink, any nar- 
cotic, and poison or poisonous substances, or any deadly weapon, 






Chapter 1. 21 

or any cartridge or ammunition for firearms of any kind, and 

every person violating this section shall be guilty of a misde- Misdemeanor. 

meanor, and upon conviction thereof, shall be fined or impris- Penalty 

oned at the discretion of the court. 

Sec. 53. It shall not be lawful for any person to assist an in- unlawful to 

mate of any state hospital to escape therefrom, and every person assist inmates of 

^ L J * hospitals in 

who shall assist any inmate of a state hospital to escape there- escaping. 

from, shall be guilty of a misdemeanor, and upon conviction. Misdemeanor 

shall be fined or imprisoned at the discretion of the court. Penalty. 

Sec. 54. A uthority is hereby conferred upon the board of direct- Board of direct- 
ors of each hospital to enact ordinances for the regulation and ° u f e m ordinance* 
deportment of persons in the buildings and grounds of the insti- etc. 
tution, and for the suppression of nuisances and disorder. Each 
of the said boards shall have all the powers conferred upon cities 
and towns in chapter sixty two of The Code, relative to the 
adoption of ordinances and the suppression of nuisances, and dis- 
orderly conduct within the grounds of their respective institu- 
tions. Each board of directors is empowered and directed to 
adopt all necessary ordinances for the conduct and deportment 
of persons within their buildings and grounds, and for the sup- 
pression of nuisances and for the prevention of violent and disor- 
derly conduct within their grounds: and when adopted 1 he or- 
dinances shall be recorded in the proceedings of the said board, 
and printed, and a copy posted at the entrance to the grounds, 
and not less than three copies posted at different places within ordinances shall 
the grounds, and when so adopted, and printed, and posted up, b | 3 publicly dis- 
the ordinances shall be binding upon all persons coming within 
the grounds. Each board is empowered and directed to prescribe 
penalties for the violation of each section of the ordinances so 
adopted, and if any person violates a section of the ordinances, 
the penalty prescribed may be recovered in a civil action insti- civil action for 
tuted in the name of the hospital against the person offending, m stftuted may be 
before any justice 'of the peace in the county in which the hos- 
pital is situated and the sum so recovered shall be used as the 
board of directors shall direct. Every person who shall violate 
any ordinance adopted by the board of directors of any state hos- 
pital, as aforesaid shall be guilty of a misdemeanor, and upon Misdemeanor, 
conviction, shall be fined not exceeding fifty dollars or impris- penalty, 
oned not exceeding thirty days. 

Sec 55. The superintendent of each hospital is hereby empow- superintendent 
ered to appoint such number of discreet employees of his hospital, e m P f wer « d - s t t ° 
as he may think proper, special policemen, and within the ants, 
grounds of such hospital, the said employees so appointed police- 
men, shall have all the powers of policemen of incorporated 
towns. They shall have the right to arrest without warrant, per 
sons committing violations of the state law or the ordinances of 



22 



Chapter 1. 



May arrest with- 
out warrants. 



Employees before 
exercising duties 
as special police- 
men, shall make 
oath. 



Oath of special 
policemen. 



that hospital, in their presence, and within the grounds of their 
hospitals, and carry the offenders before some justice of the 
peace for trial. The justice of the peace shall issue a warrant 
and proceed, as in other criminal cases before him. 

Sec. 56. Before exercising the duties of a special policeman, the 
employees appointed as aforesaid shall take an oath of office be" 
fore some justice of the peace of the county, or other officer em- 
powered to administer oaths, and the same shall be filed with 
the records of the board of directors. The oath of office shall be 
as follows: 

State of North Carolina. 

County. 

1 do solemnly swear (or affirm) that I will well 

and truly execute the duties of office of special policeman, in and 

for the state hospital at , according to the best of my 

skill and ability, and according to law. And that I will use my 
best endeavors to enforce all the ordinances of said hospital, and 
to suppress nuisances, and to suppress and prevent disorderly 
conduct within said grounds. So help me, God. 



Sworn and subscribed before me this 
A. 1). 



day of 



Suits for recovery 
of penalty. 



Trial officer may 
remit penalty. 



The use of pro- 
nouns in refer- 
ence to inebriates 
construed. 



Benefits to in- 
jured employees. 



Sec. 57. Whenever suit shall be brought against a sheriff or 
board of county commissioners for the recovery of a penalty pre- 
scribed for doing an act forbidden, or failure to do any act re- 
quired by this act, the judge or justice of the peace before whom 
the action is tried may order so much of said penalty to be re- 
mitted as in his judgment should be remitted to meet the ends 
of justice, and he shall enter up judgment for the amount of the 
penalty, to be discharged by the payment of such a sum as he 
may think just, and the costs of the action. In fixing the amount 
to be remitted, (if the judge or justice should think the remission 
of any part proper) he shall consider the costs and expenses that 
the plaintiff may have been put to, and he should also consider 
the conduct of the defendants; and there ought to be no remis- 
sion when the act of the defendants is wanton or contumacious, 
or is grossly negligent. 

Sec. 58. In this act wherever the personal pronoun "he," "his" 
or "him" is used to designate any insane person, or inebriate, it 
may be considered a pronoun of common gender, and may be 
construed as having reference to female as well as to male insane 
persons and inebriates. 

Sec. 59. The board of directors of each hospital shall have 
power to provide benefits, to be paid to any employee of the hos- 
pital who shall be injured while discharging the duties of a vol- 



Chapter J. 23 

unteer fireman. And the board may inaugurate a system by 
which a fund is raised to provide suitable benefits for said fire- Benefit funds. 
man and may contribute from the funds of said hospital for that 
purpose. The volunteer firemen at the various hospitals, not be- 
ing members of the State Firemen's Association, and not con- 
tributing towards the Slate Firemen's Relief Fund, will not 
share in it. 

PRIVATE HOSPITALS, HOMES OR SCHOOLS. 

SEC. 60. It shall be lawful for any person or corporation to es- Private hospitals 
tahiish private hospitals, homes or schools for the cure and treat- lawful - 
ment of insane persons, idiots, and feeble minded persons and in- 
ebriates; but license to establish said hospitals, homes or schools, License obtained 
must, before the same are opened for patronage, be obtained public charities, 
from the board of public charities, and said hospitals, homes or 
schools, shall at all times be subject to the visitation of the said 
board or any member thereof, and each hospital, home or school, 
shall make to said board a semi-annual report on the first clays semi-annual 
of January .aid July of each year. In said report shall be stated re P° rts - 
the number and residence of all patients admitted, the number 
discharged dining the six months preceding, and the officers of 
the hospital, home or school. And each hospital, home or school, 
shall file wiili the said board a copy of its by-laws, rules and reg- 
ulations, and rates of charges. The boohs of each hospital, home Books shall be 
or school, shall at all times be open to the inspection of the said infection. ° r 
board or any member thereof. The board of public charities is Power of board or 
hereby given the authority to supervise and regulate all private a^regards^rivate 
hospitals, homes and schools, established hereafter in this state hos P ,tals - 
for the treatment of the above classes of people, and the said 
board shall have power to prescribe all such rules and regu'a 
tions as they may deem necessary and shall exercise the power 
of visitation, and for that purpose may depute any member of 
their board to visit and supervise any private hospital, home or 
school hereafter established under this act. The board of public Board may bring 
charities may bring an action in the superior court of Wake license! annu 
county to vacate and annul any license granted by said board, 
when it shall appear to the satisfaction of said board that the 
managers of any private hospital, home or school, have been 
guilty of gross neglect, cruelty or immorality. 

Sec. 61. Any county, city or town, may establish a hospital for Counties, cities 
the maintenance, care and treatment of such insane persons as establish hos* y 
can not be admitted into a state hospital, and of idiots and feeble- P italR - 
minded persons upon like conditions and requirements as are 
above prescribed for the institution of private hospitals: and the 
board of [public] charities is given the same authority over such 
hospitals as is given them by the preceding section of this act for 
private hospitals. 



24 



Chapter 1. 



Treatment of 
dangerous Insane. 



Board of directors 
of Raleigh hos- 
pital given con- 
trol of said in- 
sane. 



State prison and 
hospital shall bej 
separated. 



?sexes"and races 
shall be kept 
separate. 



Persons/w hos hall 
oe'sent to this 
department. 



Patients shall not 
be transferred. 

Patients against 
whom criminal 
Indictment is 
pending shall not 
be discharged 
when cured .- 



Sec. 63. The dangerous insane shall be cared for and treated 
in the wards which have heretofore been assigned for that pur- 
pose under chapter five hundred and twenty, public laws eigh- 
teen hundred and ninety seven, and the said wards, and such as 
may hereafter be attached to them, shall be known as "the hos- 
pital for the dangerous insane," and the board of directors of the 
state hospital at Raleigh is given full control and management 
of said hospital, and the said board is hereby granted full author- 
ity to enact all such rules and regulations as may be necessary 
for the the proper government of said hospital. The said board 
shall within three months by partitions and walls separate the 
said hospital from the state prison. The board of directors of 
the state prison shall furnish all labor, free of charge, and all 
material at cost, necessary for building said wails and parti- 
tions, and for placing the wards and apartments herein referred 
to in such condition as the board of directors of the state hospital 
at Raleigh may in their discretion require, and the hospital shall 
not be considered as a part of the state prison, bur as entirely 
separate therefrom. The board of directors of the state prison is 
hereby directed and required to furnish to this hospital heat, 
lights and water free of charge, and to assign to this hospital 
such wards and apartments as may be selected by the directors of 
the state hospital at Raleigh. In said hospital the sexes and 
races shall be kept in separate wards or apartments, and all pa- 
tients committed to this hospital shall be under the care and 
treatment of a physician selected by the board of directors of 
[the] state hospital at Raleigh. 

Sec. 63. All persons who may hereafter commit crime while in- 
sane, and all persons, who being charged with crime, and are ad- 
judged to be insane at the time of their arraignment, and for that 
reason can not be put on trial for the crimes alleged against 
' hem, shall be sent by the court before whom they are or may be 
arraigned for trial (when it shall be ascertained by due course of 
law that such person is insane, and can not plead) to the said 
hospital, and they shall be confined therein under the rules and 
regulations prescribed by the board of directors under the au- 
thority of the preceding section, and they shall be treated, eared 
for and maintained, in said hospital like patients in other state 
hospitals. Their confinement in said hospital shall not be re- 
garded as punishment for any offence: Provid< d, that no insane 
person who* has been or may hereafter be committed to the state 
hospital at Morgan ton, Raleigh or Goldsboro shall be transfer] ed 
therefrom to the hospital for the dangerous insane. 

Sec. 64. Whenever a person confined therein, and against whom 
an indictment for crime is pending-, has recovered or been restored 
to normal health and sanity, the superintendent of the state hos- 



Chapter 1. 25 

pital at Raleigh shall notify the clerk of the court of the county 
from which said person was sent, and the clerk will place the 
case against said person upon the docket of the superior or crimi" 
nal court of his county for trial, and the person shall not be dis- 
charged without an order from said court. In all cases where 
such person confined in the hospital for the dangerous insane 
shall have recovered his mind, the clerk of the court of the county 

from which he was committed shall fix the amount of bailie- Clerk shall fix 

bail, 
quired for his appearance at the next term of the superior or 

criminal court of his county for trial, except in cases where 
the offence charged is a capital felony, and in this case, only the 
judge of the superior court, residing within or holding the courts 
of said district, shall have the power to fix bail. If the person 
confined in the hospital for the dangerous insane, and reported 
sane as aforesaid, shall give the bond fixed by the clerk or judge 
as above provided for, he shall be discharged by the superintend- 
ent, and if he does not give the bond, he shall be transferred to on failure to give 
the jail of the county from which he was committed. The super- transferred to jail, 
intendent will notify the sheriff of said county, and the sheriff 
will remove the said person to the jail of his county. The sheriff 
will pay the expenses of said removal, and the county of the per- 
son's settlement will repay the sheriff for his expenses and services. 

Sec. 65. When a person accused of the crime of murder, attempt Persons accused 
at murder, rape, assault with the intent to commit rape, highway when they may'' 
robbery, train wrecking, arson or other crime, shall have escaped be committed, 
indictment, or shall have been acquitted upon trial upon the 
ground of insanity, or shall be found by the court to be without 
sufficient mental capacity to undertake his defence, or to receive 
sentence after conviction the court before which such proceed 
ings are had, shall, in its discretion, commit such person to the 
hospital for dangerous insane, to be kept in custody therein for 
treatment and care as herein provided. Such persons shall be 
kept therein, unless transferred under previous provisions of this 
chapter until restored to his right mind, in which event it shall 
be the duty of the authorities having the care of such persons to 
notify the sheriff of the county from which he came, who shall 
take order that he appear before the judge of the superior court when such per- 
of the district to be dealt with according to law. The expense fo^tri^i! 1 appeaT 
incident to such commitment and removal shall be paid by the 
county authorities from which such patient was sent. 

Sec. 66. All convicts becoming insane after commitment to the convicts be- 
state prison and the fact being certified as now required by law. ^}™ commit- 6 

in the case of other insane persons, shall be admitted to the hos- mentto state 

1 prison, 

pital herein provided for. In case of the expiration of the sen- 
tence of any convict insane person, while such person is confined 
to the said hospital, such person shall be kept until restored to 



26 



Chapter 1—2. 



Persons acquitted 
of capital felony 
on ground of 
insanity shall not 
be released except 
on certain condi- 
tions. 



5,000 copies or- 
dered printed. 



Conflicting laws 
repealed. 



his right mind, or such time as he may be considered harmless 
and incurable. 

SEC. 07. No person acquitted of a capital felony, on the ground 
of insanity, and committed to the hospital for the dangerous in- 
sane, shall be discharged therefrom unless an act authorizing his 
discharge be passed by the general assembly. No person acquit 
ted of a crime of lesser degree than a capital felony and commit- 
ted to said department, shall be discharged therefrom except 
upon an order from the governor. No person convicted of a 
crime, and upon whom judgment was suspended by the judge on 
account of insanity, shall be discharged from said hospital except 
upon the order of the judge of the district, or of the judge hold- 
ing the con its of the district in which he was tried. 

Sec. 08. The secretary of state is hereby directed, immediately 
upon the ratification of this act, to have printed five thousand 
copies thereof, and to send five hundred copies to the superin- 
tendent of each of the hospitals, and to the superintendent of the 
stare prison: and ten copies to the clerk of the superior court of 
each county in f lie state, and the other copies shall be kept, by 
him for general distribution. 

Sec. 6i). That chapter two hundred and sixty five and five hun- 
dred and twenty of public laws of eighteen hundred and ninety- 
seven are hereby repealed, and all laws and clauses of laws regu- 
lating the subjects herein referred to are hereby repealed. 

SEC TO. This act shall go in effect, and be operative from and 
after its ratification. 

Ratified this seventeenth day of February, A. D. eighteen 
hundred and ninety nine. 



CHAPTER 2. 



An act to repeal chapter four hundred and sixty-four of the public laws 
of eighteen hundred and ninety-seven. 



Repeals the act 
which put 
public printing 
in hands of the 
council of state. 
Continues the 
repeal of all acts 
repealed by chap- 
ter 464, laws 1897. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter four hundred and sixty-four of the 
public laws of eighteen hundred and ninety seven, be and the 
same is hereby repealed. 

Sec. 2. That the repeal of said chapter shall not have the effect 
to re enact any laws by said chapter repealed, but the same by 
this act are repealed. 

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

Ratified this sixteenth day of January, A. D. eighteen hundred 
and ninety nine. 



Chapter 3. 27 



CHAPTER 3. 

An act to appoint the members of the "county board of school directors" 
in the various counties of the state. 

The General Assembly of Korth Carolina do enact : 

Section 1. That the following-named persons are hereby ap- County board or 

° ,it •• • school directors 

pointed members of the " county board of school directors in and appointed. 

for their respective counties, to-wit : 

Alamance: — P. H. Fleming, J I. White, J. O. Atkinson. County boards of 

. TT ... T T TT , t <-> d ii school directors. 

Alexander:— A. A. Hdl, J. J. Heudren. J. C. Bell. 

Alleghany :— D. F. Parsons. E. Lelf Wagner. H. M. Grouse. 

Anson :— W. C. Hardison. L. L. Little. W. F. Crump. 

^4 S 7, e .— W. H. Jones. G. L. Park, M. M. Blevins. 

Beaufort :— Alex. Hudnell, E. W. Ayers, Jno. A. Tankard.. 

Bertie . —Aaron S. Roscoe. Jno. L. Harrington. Philip T. Perry. 

Bladen :-W. I. Shaw, S. N. Ferguson, J. N. Kelly. 

Brunswick :— George Leonard. Jno. N. Bennett, A. C. Meares. 

Buncombe:— George Whitson, J. H. Sams. M. J. Bearden. 

Burke:— J. A. Lackey. E. H. Tilley. J. T. McGinsey. 

Cabarrus :— D. J. Little. Williamson W. Morris. Rev. C. B. Miller. 

Caldwell .—P. G. Moore, I. W. Moore. M. L. Greer. 

Camden :—G. H. Riggs, W. G. Ferebee, J. H. Morrisett. 

Carteret : — C. N. Mason, M. R. Springle, Josiah Daniels. 

Caswell .-—Walter N. Harrelson, Jno. F. Walters, Robert L. 
Mitchell. 

Catawba — P. A. Hoyle, S. T. Wilfong, Jas. A. Sherrill. 

Chatham:— J. M. Griffin, Ostea Perry, Jno. M. Edwards. 

Cherokee:— J. W. Blackwell, P. E. Nelson, Dave Cobb. 

Chowan :—J. E. Twine. J. E. Cofield. A. T. Bush. 

Clay:—G. W. Sanderson, I. H. Chambers, J. H. Byers. 

Cleveland :— F>. S. Lovelace, T. D. Falls, H. P. Allison. 

Columbus. — H. H. Holton, L. W. Stanley. J. A. Smith. 

Craven: — A. D. Ward. Joseph Kinsey, Daniel Lane. 

Cumberland: — Jno. W. McLaughlin, Walter J. Smith, Isaac A. 
Murchison. 

Currituck .—J. E. C. Bell. E. D. Bowden. J. F. Summerell. 

Dare. — C. J. Dough. I. H. Scarborough. Jr., Richard Hooper. 

Davidson : — L. M. Kirschner, P. L. Ledford, Stanley Owen. 

Davie .-—Isaac Roberts, N. A. Peebles, E. E. Hunt. 

Duplin:— Wm. H. Grady, O. P. Middleton, W. B. Southerland. 

Durham —Robert G. Russell, Chas. E. Turner, Jno. W. Umstead. 

Edgecombe:— J. R. Gaskill. W. T. Braswell, J. T. Howard. 

Forsythe :;— D. P. Mast. Elias W. Houser, Rev. J. W. Pinnix. 

Franklin .-—John H. Uzzle, John C. Winston. Louis N. Williams. 

Gaston :— F. P. Hall. Thomas Wilson. Robert Connell. 



28 Chapter 3. 

County boards of Gates:— L. L. Smith, T. W. Costen. Jno. S. Felton. 

school directors. -, __ _, „ 

Graham:— N. M. E. Slaughter, W. H. Garrison, J. C. Edwards. 

Granville:— F. W. Hancock, Jas. H. Webb, G. B. Royster. 
Greene ■— L. J. H. Mewbourne, L. V. Morrill, W. A. Darden. 
Guilford:- W. T. Whitsett, W. F. Alderman. J. Allen Holt. 
Halifax:— W A. Dunn, A. S. Harrison. J. M. Grizzard. 
Harnett :— A. B. Hill, T. W. Harrington. J. V. Deveaney. 
Haywood :— J. R. Boyd, J. 1ST. Mease. R. C. Chambers. 
Henderson: — Thos. J. Rickman, J. W. Morgan, F. A. Brown. 
Hertford:— I. D. Riddick, George A. Brown. L. J. Lawrence. 
Hijde:-S. S. Mann. T. H. B. Gibbs, Claude W.Davis. 
Iredell:-J. H. Hill, M. A. Feimster, M. W. White. 
Jackson: — Robert L. Madison. M. Buchanan, W. T. Deitz. 
Johnston: — W. F. Gerald, J. W. Wood, John Stephenson. 
Jones — Benjamin Brock, Jr., F. M.' Dickson, A. H. White. 
Lenoir :— Dr. Fred. A. Whitaker, W. B. Nunn, W. OctaviusMosley. 
Lincoln: — A. L. Quickel, R. B. Sullivan, D. C. K. Wilkerson. 
Macon:— M. L. Kelly. J. A. Deal, W. J. Evans 
Madison: — Jasper Ebbs, D. S. Ball, C. A. Hendei-son. 
Martin:— S. R. Biggs, J. T. Waldo, S. W. Outerbridge. 
McDowell .-—John S. Bradley. Hugh Tate, John R. Denton. 
Mecklenburg :— J. G. Baird, S. S. Herron, Walter S. Pharr. 
Mitchell: — J. S. Hill, R. G. Wilson, James Greene. 
Montgomery : — J. C. Bruton, Elsie Shamberger. R. A. Bruton. 
Moore :— M. A. McLeod, J. R. Comer. C. V. Brooks. 
Nash —J. C. Beal, T. V. Avent, Thomas Westray. 
New Hanover:— Donald Mac Rae, W. A. Johnson. P. B. Manning. 
Northampton: — B. F. Martin, E. B. Lassiter. J. S. Grant. 
Onslow:— James B. Grant, Samuel L. Gerock. William Murrill. 
Orange : — S. T. Forest, C. H. Burch, John P Lockhart. 
Pamlico :— B. F. McCotter, W. T. Cayo, P. J. Daniels. 
Pasquotank : — Joe Commander, Chas. Reed, E. V. Davenport. 
Pender : — Jno. B. Davis, F. P. Flinn, Jacob K. James. 
Pei qnimans :— W '. T. McMillan, L. B. Perry, Jas. H. Miller. 
Person: — Jno. S. Coleman, A. J. Hester. W. E. Webb. 
Pitt : — Amos G. Cox, William F. Harding, Solomon M. Jones. 
Polk :— W. M. Justice. J. M. Putnam, T. T. Ballinger. 
Randolph :— W. M. Elder, J. W. Burkhead, T. L. Chisholm. 
Richmond: — R. A. Johnson, D. F. O'Brien, W. A. Webster. 
Robeson:— J. A. McAllister. J. E. Nye, A. B. Pearsall. 
Rockingham : — II. P. Ford, G. W. Martin, D. W. Johnson. 
Rowan — C. A. Rose, P. A. Sloop, Jno. K. Goodman. 
Rutherford —A H. Mc Daniel, C. W. Watkins. S. B. Grant. 
Sampson: — William J. Pugh. L. L. Matthews, Walter A. Bizzell. 
Scotland:— Prof. W T . G. Quackinbush, F. P. Wyche, A. F. Patter- 
son. 

Stanly: — S. H. Heai'ne. J. Hathcock, Millard Whitley. 



Chapter 3—4. 29 

Stokes:— S. B. Taylor, Jno. W. Neal, D. F. Tillotson. County boards of 

S „rry .— W. F. Cundiff, A. H. Freeman, S. C. Franklin. sch ° o1 directors - 

Strain : — J. S. Woodard. W. T. Conley, Dr. J. H. Teague. 

Transylvania: — C. M. Gallamoore, G. T. Lydane, E. M. Whitmire. 

Tyrrell :— Jas. G. Brickhouse, D. F. Armstrong, B. W. Cohn. 

Union : — Wm. F. Robinson, A. J. Brooks, J. W. Bivins. 

Vance: — Wynborn E. Gray, Thos. Taylor, Chas. L. Blackwell. 

Wake: — Rev. J. L. Foster, Alfred W. Moye, Thomas Johns. 

Warren:— W. G. Coleman, A. S. Webb, W. J. White. 

Washington: — W. A. Alexander, H. A. Litchfield, Thos. W. 
Blount, 

Watauga : — W. M. Frankum, L. G. Maxwell, T. P. Adams. 

Wayne: — W. F. English, Barnes Aycock, Joseph E. Robinson. 

Wilkes: — R. A. Spainhour, T. C. Land, J. W. Demmitte. 

Wilson : — W. J. Davis, Jesse A. Moore, R. T. Barnes. 

Yadkin : — L. A. Speas, H. W. Douglas, F. D. Holcombe. 

Yancey . — J. W. Bryant, W. H. Anderson, B. S. Young. 

Sec. 2. The secretary of state, shall, within ten days after the rati- Secretary of state 
fication of this act, send a certified copy of the members of the tend'copy ofthis 

county board of school directors for their respective counties, to the a S* ot members 

J r ' of board of school 

clerk of the superior court of each county in the state; whereupon directors to clerks 

the said clerk shall immediately notify each member of his appoint- 
ment, and direct said members to meet at the court-house on the clerk shall notify 
second Monday in April for the purpose of organizing said board. Ms^wointment 

Sec. 3. That this act shall be in force from and after its ratifica- 
tion. 

Ratified this 7th day of March, A. D., 1899. 



CHAPTER 4. 



An act to repeal chapter five hundred and four (504) of the public laws 
of one thousand eight hundred and ninety-seven, relating to the pro- 
tection of fish in Alleghany county. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter five hundred and four of the public Repeals the act 

laws of one thousand eight hundred and ninety seven be and ning sawdust in 

the same is hereby repealed. ^ek^cateh 6 

Sec. 2. That this act shall be in force from and after its ratifi- in e flsh in tne 

same, 
cation. 

Ratified this eighteenth day of January, A. D. eighteen hun- 
dred and ninety-nine. 



30 



Chapter 5. 



CHAPTER 5. 

An act to appoint a committee to investigate the management of the 
state penitentiary. 



To investigate 
condition, and 
management past 
four.years. 



Powers of the 
committee to 
investigate. 



May'employ 
accountants, 
tenographers. 
and counsel. 



May compel at- 
tendance of wit- 
nesses, and pro- 
duction of books 
and papers. 



The chairman 
may punish for 
contempt. 



To investigate 
and report to this 
session . 



Empowered to 
visit in person. 



Expenses of the 
committee paid 
by treasurer. 



The General Assembly of North Carolina do enact : 

Section 1. That a joint committee consisting of five members, 
two on the part of the senate and three on the part of the house, 
be appointed to investigate the condition, and management of 
the state penitentiary for the past four years. 

Sec. 2. That the .said joint committee be authorized, empow- 
ered and directed to inquire into the financial condition of the 
said state penitentiary, with full power and authority to inquire 
into and investigate any and all charges of fraud, negligence, 
immorality, incompetency iv.vA mismanagement on the part of 
any officers or employees of said state penitentiary, and the 
farms, and institutions in any way connected with, or managed 
by the officers and employees of said state penitentiary. 

Sec. 3. That said joint committee be and are hereby empow- 
ered to employ competent accountants, stenographers and coun- 
sel to aid in said investigation : to meet at such times and places 
as a majority of said committee may elect; to elect a chairman 
and secretary; to subpoena witnesses, and compel their attend- 
ance; to enforce the production and examination of books, rec- 
ords and papers under the same forfeitures and penalties as pro- 
vided by law to compel the attendance of witnesses, and the pro- 
duction of papers in the superior courts of the state. 

Sec. 4. That the chairman of said joint committee shall have 
full power to punish for contempt any officer or employee of said 
state penitentiary, or any other person, who shall willfully refuse 
to obey all subpoenas directing his or their appearance before said 
joint committee, or who shall willfully fail or refuse to produce 
any books, papers or records relating to the affairs of the said in- 
stitution. 

Sec. 5. That the said joint committee are directed 1o proceed 
without delay to make said investigation, and report their find- 
ing to this general assembly now in session. 

Sec. 6. That the said joint committee are empowered to visit 
in person the said state penitentiary and all farms and other in- 
stitutions in connection therewith, and to make personal investi- 
gation, and examination of all the books and papers thereof. 

Sec. 7. That all expenses incurred by the said committee in 
eluding the remuneration of accountants, stenographers, counsel 
fees and witnesses shall be paid by the treasurer of ihe state out 
of the funds of the state not otherwise appropriated upon the 



Chapter 5 — 6. 31 

warrant of the chairman countersigned by the secretary of said 
joint committee. 

Sec. 8. That any person who shall willfully fail 'and refuse to ^s^f wltn ^s 
attend and testify before said committee after having been sub- to attend, a 

, . , i ii i -ix j? • i j misdemeanor. 

pcenaed to do so. shall be guilty ot a misdemeanor, and upon con 
viction in the superior court of any county in North Carolina hovv punishable, 
where he may be found, he shall be fined not less than one hun- 
dred dollars, nor more than one thousand dollars, and impris- His testimony 
oned in the discretion of the court: Provided, that the testimony criminal profe- U 
given by any such witness shall not be used against him in any cution. 
criminal prosecution. 

Sec. 9. That all laws and e'auses of laws in conflict with this 
act shall be, and the same are hereby repealed. 

Sec. 10. That this act shall be in force from and after its ratifi- 
cation. 

Ratified this eighteenth day of January, A. D. eighteen hun- 
dred and ninety-nine. 



CHAPTER 6, 

An act to repeal chapter fifty-two of the acts of eighteen hundred and 
ninety-seven, public laws, and to create the office of enrolling clerk of 
both houses of the general assembly. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter fifty-two of the acts of eighteen hun- chapter 52, public 
dred and ninety-seven, public laws, be and the same is hereby j^afedf"' re 
repealed. 

Sec. 2. That there shall be elected by joint ballot of the two Enrolling clerk 
houses of the general assembly an enrolling clerk, who shall have ballot. 7 ''° in 
control and supervision of all bills, acts, resolutions and all other 
proceedings passed by the general assembly, and who shall be re- 
sponsible for the proper enrollment of the same, and he shaH re- 
ceive as compensation for his services the sum of four dollars a His compensa- 
day, and the mileage allowed members of the general assembly. tion ' 

Sec. 3. The said clerk shall appoint such assistants as the com- He to appoint 
mittees on enrolled bills may deem necessary for the proper enroll- confmittee^eems 
ment of the bills, acts and other resolutions required by the vote necessary. 
of each house to be enrolled: Provided, that the said committees Proviso, 
shall first report to both houses the number of assistants to be 
J employed, and each house authorizes the employment of that 
number. 



32 Chapter 6—7—8. 

Act applies to Sec. 4. That this act shall apply to the election of enrolling 

clerk for this session, and all laws in conflict with this act are 
hereby repealed. 

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

Ratified this seventh day of January, A. D. eighteen hundred 
and ninety- nine. 



CHAPTER 7. 

An act in regard to ths pay of the clerks and other employees of the gen- 
eral assembly. 

The General Assembly of North Carolina do enact: 
Section 2872 of Section 1. That section twenty-eight hundred and seventy - 

ed. two of The Code be amended by striking out the word "five" in 

cefve four instead * me three and inserting in lieu thereof the word "four." 
of five dollars. sec. 2. That all acts or sections of acts in conflict with this act 

are hereby repealed. 
Sec. 3. This act shall take effect and be in force from and after 

its ratification. 
Ratified this twelfth day of January, A. D. eighteen hundred 

and ninety nine. 



CHAPTER 8. 



An act to repeal chapter two hundred and three, public laws eighteen 
hundred and ninety-seven, entitled "An act regulating the procuring 
and distribution ot dead bodies for the promotion of medical science." 

The General Assembly of North Carolina do enact : 

The act repealed. Section 1. That chapter two hundred and three (203) of the 
public laws of eighteen hundred and ninety seven entitled "An 
act regulating the procuring and distribution of dead bodies for 
the promotion of medical science " be and the same is hereby re- 
pealed. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified this fourteenth day of January, A. D. eighteen hun- 
dred and ninety-nine. 



Chapter 9. 33 

CHAPTER 9. 

An act for the appointment of commissioners of navigation for Old Top- 
sail inlet [and] Beaufort harbor. 

The General Assembly of North Carolina do enact : 

Section 1. The commissioners of navigation for Old Topsail in- 
let and Beaufort harbor shall be composed of three persons, to Commissioners 

, , „ ,, „,, , -, j. . . „ r*. of navigation, 

be elected as follows: The board of commissioners of Carteret how and by 

county shall elect one, the commissioners of the town of Beau- whom elected. 
fort shall elect one/and the commissioners of the town of More- 
head citv shall elect one. 

Sec. 2. The commissioners of navigation provided for in section 
one of this act shall be elected as therein directed, in June, eigh- Before whom 
teen hundred and ninety-nine, and every two years thereafter, qua ' e 
and shall quality by taking the oath required by law, before the 
clerk of the superior court or some justice of the peace of Car 
teret county, and enter upon the discharge of their duties on the When to enter 
first Monday in July following their election. of duties. 

Sec. 3. The said commissioners shall elect the pilots for said in- 
let and harbor, and may make such rules and regulations for Pilots, how 

616CX6U* 

their government as said commissioners may deem right and 
proper, not inconsistent with the constitution and laws of this 
state or of the United States. 

Sec. 4. Application for pilot licenses or branches shall be made 
to said commissioners in writing, giving the name, age and occu- Pilot's license. 
pat ion of applicants for two years next preceding the date of ap- 
plication. Every pilot elected by said commissioners shall, before 
entering upon the discharge of his duties, enter into bond pay- Pilots to give 
able to the state of North Carolina for the faithful discharge cf rity. 
his duties in the penal sum of five hundred dollars with two or 
more sureties, to be approved by said commissioners, and shall 
also take the oath required by law. 

Sec. 5. The commissioners aforesaid shall examine all appli- 
cants for pilot's licenses, and may also examine other persons as to Commissioners 

r of navigation to 

qualification of applicants to perform the duties of pilot, and examine an ap- 

may in their discretion reject any applicant who they may pilot's license. 

deem incompetent. 

Sec. 6. The said commissioners shall give to every pilot elected 

by them, or a majority of them, a license or branch under their Pilot's license, 

, , good for one year, 

hands and seals, which shall be and remain in force for one year, unless sooner 

unless for good cause to said commissioners appearing, the same 
shall be sooner revoked by them. They shall charge for each li- fo^ifcense 26 S5 ° 
cense or branch five dollars, which they may retain for their ex- 
penses and services. 
Sec. 7. The pilotage for Old Topsail inlet and Beaufort harbor 
3 



34 



Chapter 9 — 10. 



Pilotage for Old 
Topsail inlet and 
Beaufort harbor 
shall be as in 
Code. 

Pilot shall ex- 
hibit license 
when demanded. 



"Vessels entering 
without pilot 
may depart with- 
out pilot. 



Laws repealed. 



shall be as is provided in volume two, chapter forty-six, section 
thirty-five hundred and thirty-four of the The Code, and the said 
commissioners shall have the same printed or written on every 
license or branch issued by them, and every pilot shall exhibit 
his license to the master of every vessel he has in charge, when 
demanded by said master. 

Sec. 8. No vessel entering Old Topsail inlet without a pilot 
shall be required to take one on going to sea; nor shall any vessel 
be required to take a pilot that has to enter the harbor in dis- 
tress. 

Sec. 9. Chapter one hundred and forty-nine, laws of eighteen 
hundred and eighty-three, and all laws and clauses of laws in 
conflict with this act are hereby repealed. 

Sec. 10. This act shall be and remain in force on and after 
June first, eighteen hundred and ninety-nine. 

Ratified the 24th day of January, A. D. 1899. 



CHAPTER 10. 



An act to fiive consent by the state of North Carolina to the acquirement 
by the United States, by purchase or condemnation, of such lands as 
may be required for the establishment of a fish cultural station in said 
state. 



Preamble. 



The General Assembly of North Carolina do enact : 
Section 1. Whereas the federal congress has made an appro 

priation for the establishment of a fish cultural station within 
acquired by C the bounds of North Carolina: Therefore, be it enacted by the 
byiondtmnltion general assembly of the state of North Carolina, that the consent 



or purchase. 



Proviso. 



of the legislature of the state of North Carolina be, and is hereby 
given, to the acquisition by the United States by condemnation 
or purchase of any land needed for the establishment of a fish 
cultural station and the erection thereon of such buildings and 
improvements as may be necessary for the successful operations 
of such fish cultural station : Provided, that this cession is upon 
the express condition that the state of North Carolina shall so 
far retain a concurrent jurisdiction with the United States over 
such lands as that all civil and criminal process issued from the 
courts of the state of North Carolina may be executed thereon in 
like manner as if this act had not been passed. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 26th day of January, A. D. 1899. 



Chapter 11. 35 

CHAPTER 11. 

An act to raise revenue. 
Hit General Assembly of North Carolina do enact: 
Schedule A. 

Section [1]. That the taxes hereinafter designated are payable Taxes payable in 
in existing national currency, and shall be assessed and collected rency Da ° Ur 
under the rules and regulations prescribed by law, and applied 
to the payment of the expenses of the state government, the ap - 
propriations to charitable and penal institutions, other specific 
appropriations made by law, and the interest on the four per cen 
turn consolidated debt of the state. 

Sec. 2. On each taxable poll or male between the ages of Poll-tax 31.29. 
twenty one and fifty years, except the poor and infirm, whom 
the county ccmmissioners may declare and record fit subjects for 
exemption, there shall be annually levied and collected a tax of 
one dollar and twenty-nine cents, the proceeds of such tax to-be 
devoted to the purposes of education and the support of the poor How poll-tax to 
as may be prescribed by law not inconsistent with the appor- bea PP lied - 
tionment established by section two of article five of the consti- 
tution of the state. 

Sec. 3. There shall be levied and collected annually an ad valo Ad valorem tax 

rem tax of twentvone and two-thirds cents for state purposes, Scents on real 

l ^ ' and personal 
three and one third cents for pensions, eighteen cents for public property. 

schools, making forty-three centa on every one hundred dollars 
value of real and personal property in this state, and moneys, 
credits, surplus reserve funds, undivided profits, deposits of non- 
residents, investments in bonds, stocks, joint stock companies, or 
otherwise, required to be listed in "'an act to provide for the as- 
sessment of property and collection of taxes," subject to exemp- 
tions made by law, and no city or other municipal corporation Subject to ex- 
shall have power to impose, levy or collect any greater sum on em P tlons - 
real and personal property than one per centum of the value 
thereof except by special authority from the general assembly.. 

Sec. 4. The taxes imposed for state purposes upon the shares of Taxes on shares 
stock in any bank or banking associations, (whether state or na- 
tional), in this state, shall be paid by the cashier of such bank or 
banking association, directly to the state treasurer, within thirty Cashiers of bank.- 
days after the first day of July in each year, and upon failure to treasure? within 
pay the state treasurer as aforesaid, he shall institute an action 30 days af ter July 
against the bank or banking association to enforce the same in 
the county of Wake, or in the county in which the bank or bank- 
ing association is located. The board of commissioners of the Commissioners 
county in which such banks or banking associations are located schoof fndcouu- 
shall assess against the value of shares of residents of that county ^ purposes. 



36 



Chapter 11 



Real property 
deducted. 



Shares of stock 
of building and 
loan associations 
shall be listed. 



Certain deduc- 
tions allowed 
from returns. 



No other tax 
shall be charged. 

Gross income of 
property not 
taxed. 



Certain exemp- 
tions from tax 
repealed. 



Property belong- 
ing to state, 
municipal corpo- 
rations, etc., 
excepted. 



the tax imposed for school and county purposes, which shall be 
paid to the sheriff of that county, and the values of shares of 
stock in national, state and private banks and banking associa- 
tions held by non-residents shall not be deducted from the aggre- 
gate value of the shares thereof : Provided, that, in determining 
the value of such shares for taxation there shall be deducted the 
amount of real property upon which the bank has paid the tax: 
And provided, that such shares shall be deemed solvent credits. 

Sec. 5. That the secretary of each building and loan associa- 
tion organized and conducting business in this state shall list for 
taxation on the first Monday in June of each year the shares of 
stock of such association at their actual value, as shown by the 
books of said association. He shall deduct from such valuation 
the shares upon which said association has made loans and which 
have been pledged to such association as security therefor. The 
secretary and treasurer of such association shall pay to the state 
treasurer by the first day of July of each year the state tax, and 
to the sheriff or tax colled or of each county in which such asso- 
ciation is located, the county and school tax on or before Sep- 
tember the fifteenth of each year. No other tax or assessment 
shall be charged or levied on said association or the shares 
therein. 

Sec. 6. On the gross profits and the income derived from prop- 
erty not taxed, five per centum; on the gross income derived 
from salaries and fees, public or private, one half of one per cen- 
tum on the excess over one thousand dollars ; on the gross income 
derived from other sources, except such as are delivered solely 
from property taxed, one- fourth of one per centum on the excess 
over one thousand to five thousand dollars ; one half of one per 
centum on the excess over five thousand to ten thousand dollars; 
one per centum on the excess over ten thousand to twenty thou- 
sand dollars, and two per centum on the excess over twenty thou- 
sand dollars. 

Sec. 7. Whenever in any law or act of incorporation granted 
either under the general law or by special act, is any limitation 
or exemption of taxation, the same is hereby repealed; and all 
the property and effects of all such corporations shall be liable to 
taxation, except property belonging to the state and municipal 
corporations and property held for the benefit of churches, relig- 
ious societies, associations or organizations, and property held for^ 
the benefit of charitable, educational, literary or benevolent in- 
stitutions or orders, and also cemeteries : Provided, that no prop- 
erty whatever held or used for investments, speculation or for 
rent shall be exempt, any and all investments made by any rail- | 
road company in the stock, bonds, or other securities of other cor- 



Chapter 11. 37 

porations or loans shall be taxable upon the amount of the actual 
value of such investments. 

Schedule B. 

Sec. 8. That taxes in this schedule shall be imposed as license License tax. 
tax for the privilege of carrying on the business or doing the act 
named, and nothing in the schedule contained shall be construed 
to relieve any person from the payment of the ad valorem tax on Shall not be con- 
his property as required in the preceding schedule. The license anyone from ad 
issued under this schedule shall be for twelve months unless valorem tax. 
otherwise specially provided in any section imposing a tax, and 
shall expire on the thirty-first day of May of each year: Pro- 
tided, that persons becoming liable for any license payable to Proviso. 
the state treasurer at any time after May thirty first of any year, 
shall pay the pro" rata part of the year ending May thirty first of 
the year, counting from the first day of the month in which said 
license became due. 

Sec. 9. On each room or hall used as a theatre or opera house Theatres, 
where public exhibitions or performances are given for profit, Town of ten 
in a city or town having more than ten thousand inhabitants, two tants, $200; be- 
hundred dollars per annum; less than ten thousand inhabitants iJ^ooo^lioo? etc? 
and over five thousand, one hundred dollars; unless [less than] five 
thousand inhabitants and not less than twenty-five hundred, fifty 
dollars; less than twenty- five hundred inhabitants and over one 
thousand, twenty-five dollars; less than one thousand inhabi 
tants, fifteen dollars. The license under this section shall be is- License issued by 
sued by the sheriff, and said halls shall not be liable to any other snenff - 
license, tax by the county, but the said tax shall be divided and 
one half paid to the state and one-half to the county. Compa- 
nies cr individuals performing or exhibiting in halls licensed in Companies per- 

. .,, . . forming in hall 

this section shall not be required to pay either county or state not required to 

tax. paytax - 

Sec. 10. On every travelling theatrical company giving exhibi- companies giv- 
tions or performances in any hall not licensed as provided in the In hails not 
next preceding section, ten dollars on each exhibition or perform- licensed - 
ance, and the owner of the hall shall be responsible for said tax. 

Sec. 11. On each concert or musical entertainment for profit, concerts and 
not given in a hall licensed as provided in section eight of this taiments for 
act, unless the same be given for the sole benefit of religious, P roflt - 
charitable or educational purposes, three dollars, and the owner 
of the hall or house in which the entertainment was held shall be 
responsible for said tax. 

Sec. 12. On each lecture for rewards, three dollars, unless the Lectures for 
same be given for the sole benefit of religious, charitable or edu- rewar ■ 
cational purposes, or in a licensed hall, and the owner of the hall 
shall be responsible for said tax. 



38 



Chapter 11. 



Museums, wax- 
works, etc. 



Circuses, me- 
nageries, etc. 



Persons giving 
exhibitions for 
amusement of 
the public. 



Spiritualists and 
mediums. 



Gift enterprises. 



Stores offering 
gifts, etc. 



Taxes in this 
section payable 
to sheriff. 
Shall not be con- 
strued as giving 
license or ex- 
empt! ug from 
penalties. 
Billiard or pool 
tables, etc. 



Skating rinks, 
bagatelle tables, 
merry-go-rounds, 
etc. 



Sec. 13. On museums, waxworks or curiosities of any kind, 
natural or artificial, on each day's or night's exhibition, three 
dollars, unless given for the sole benefit of religious, charitable or 
educational purposes, and the owner of the hall shall be respon- 
sible for said tax. 

Sec. 14. On every exhibition of a circus or menagerie, for each 
day or part of a day, two hundred dollars, and each side show 
fifty dollars, and on every show given under canvas or otherwise, 
in which animals are exhibited and trapeze and juggling perform- 
ances are given, for each day or part of a day, fifty dollars, 
whether free or otherwise, and the county shall levy the same 
amount and no more. 

Sec. 15. On all companies or persons whatever who exhibit or 
give entertainment for amusement of the public, for reward or 
otherwise than is mentioned in the five preceding sections, 
five dollars for each exhibition or performance. Exhibitions 
or entertainments given for the sole benefit of religious, chari- 
table or educational objects [shall] be exempt from taxation: 
Provided, no part or clause of this section shall be so construed 
as to exempt from taxation persons claiming to be spiritualists 
or mediums of communications between the material and imma- 
terial worlds and giving public exhibitions; Provided, this sec- 
tion shall not apply to stationary bird shows. 

Sec. 16. On any gift enterprise, or any person or establishment 
offering any article for sale, and proposing to present purchasers 
with any gift or prize as an inducement to purchase, twenty dol- 
lars, on any lottery, whether known as a beneficial association, 
or otherwise, one thousand dollars, on every itinerant dealer in 
prize rjhotographs, or prizes of any kind, one hundred dollars in 
each county in which the business is conducted. On each slot 
machine where the return is uncertain, one hundred dollars. The 
taxes in this section shall be paid to the sheriff or tax collector of 
the county, but not be construed as giving license or relieving 
such persons or establishments from any penalties incurred by 
violation of the law. 

Sec. 17. On each billiard or pool table, bowling alley or alley 
of like kind, kept for public use, if in connection with any place 
where liquor is sold, fifty dollars, whether kept under the same 
roof or otherwise ; and on all other billiard or pool-tables, bowl- 
ing alleys or alleys of like kind, kept for public use, twenty dol 
lars each. 

Sec. 18. On each skating rink, bagatelle table, merry go round 
hobby-horses, switch-back railway, shooting gallery, or stand or 
place for any other game or play with or without a name (unless 
used for private amusement or exercise alone) whether kept in 
connection with or separate from any place where liquor is sold, 



Chapter 11. 39 

twenty dollars in each county where the business is carried on; 

on all dealers in theatre tickets, five dollars. 

Sec. 19. On every public ferry, bridge and toll-gate across high- Public ferries, 
„ . , , toll-gates, 1 pei 

ways, one per centum of gross receipts ; and any person or com- centum of gross 

pany operating any such ferry, bridge or toll gate, shall make re- recei P ts - 

I urn oath of receipts to the register of deeds within ten days 

after the first days of January and July of each year, and at the When returns 

same time pay to the sheriff the tax herein imposed. 

Sec. 20. On every person or firm who keeps horses or mules to Persons keeping 

hire or to let, with or without vehicle, fifty cents for each six to hire. 

months for every horse or mule kept for that purpose. Such 

person shall, on the first day of January and July of each year, sworn statement 

furnish to the register of deeds a sworn statement of the number s a e ma e - 

of horses and mules so kept at any time during the preceding six 

months, the taxes to be collected by the sheriff or tax collector, 

and all persons or firms who buy and sell horses or mules as a Persons buying 

business for profit, shall pay an annual tax of twenty-five dollars horses as a busi- 

to the state, and no tax to the county: Provided, that no person proviso. 

who sells less than twenty head of horses or mules, in the course Persons selling 

17 less than twenty 

of any one vear, shall be considered a dealer within the meaning head per year 
. ,, . ,. shall not come 

of this section. under provisions 

Sec. 21. On every commission merchant, broker or dealer, buying Commission 

or selling, one (1) per centum on his commission. On every dealer merchants, 
° v r brokers, etc. 

in cigars, cheroots, manufactured smoking or chewing tobacco, Dealers in cigars. 

an annual tax of five cents per thousand for cigars and cheroots, c gare es ' e c ' 

and one-half cent per pound on manufactured smoking and 

chewing tobacco, and fifteen cents per thousand for cigarettes, 

and fifteen cents per thousand sheets of cigarette paper (of single 

cigarette size) : Provided, however, that nothing in this section 

shall be construed to apply to manufacturers of cigars, cheroots 

and cigarettes, or manufactured smoking or chewing tobacco; 

and no county, city or town shall be allowed to impose any tax, 

license or fee, on such dealers. The taxes provided for in this 

section shall be collected in the same manner, and the returns how collected. 

by dealers made as provided in section twenty-three (23) of 

this act for the persons mentioned in that section: Provided, Proviso. 

that no dealer paying a tax as prescribed in this section shall be S aw tax ^hai? not 

required to pay any purchase tax on the articles taxed by this sec- p a y purchase 

tion; Provided, that no person who shall pay the taxes herein pre- articles. 

Proviso 
scribed shall pay the tax prescribed in section (23) [twentyj-three. 

Sec. 22. On every mercantile agency or association, which has for Mercantile agen- 

its object the rating and commercial status of parties, firms or cor- tions. 

porations engaged in business, manufacture, or otherwise, the 

sum of five dollars for every state or territory embraced in the 

reports furnished by such agency or association, the same to be 

determined by the reference books published by such agency or 



40 Chapter 11. 

association in printed forms or otherwise : Provided, however, that 
on any agency or association having offices located in more than 
one county in charge of agents or servants, that the same shall 
not be held liable for more than the above sum for the state of 
North Carolina. 
Persons buying Sec. 23. On every individual or firm, or association of persons 

chandise, pro- conducting the business of buying and selling merchandise or 
duce, etc. produce, or manufactures of any kind, in addition to the ad valo- 

rem tax on his stock, an annual license tax on the amount of 
capital invested as follows: on a capital of five hundred dollars 
Graduated tax on or less, one dollar; on a capital of more than five hundred dollars 
capital invested. and lesg than Qne t h OU sand dollars, one dollar and fifty cents; on 
a capital of as much as one thousand dollars and less than two 
thousand dollars, two dollars; on a capital of as much as two 
thousand dollars and less than three thousand dollars, two dol- 
lars and fifty cents; on a capital of as much as three thousand 
dollars and less than four thousand dollars, three dollars; on a 
capital of as much as four thousand dollars and less than five 
thousand dollars, three dollars and fifty cents; en a capital of as 
much as five thousand dollars and less than six thousand dollars, 
four dollars; on a capital of as much as six thousand dollars and 
less than seven thousand dollars, four dollars and fifty cents; on 
a capital of as much as seven thousand dollars and less than 
eight thousand dollars, five dollars; on a capital of as much as 
eight thousand dollars and less than nine thousand dollars, five 
dollars and fifty cents; on a capital of as much as nine thousand 
dollars and less than ten thousand dollars, six dollars; on a capi- 
tal of as much as ten thousand dollars and less than fifteen thou 

Graduated tax on sanc i dollars, nine dollars ; on a capital of as much as fifteen thou 

capital invested L 

in stock. sand dollars and less than twenty thousand dollars, thirteen dol- 

lars; on a capital of as much as twenty thousand dollars and 
less than twenty-five thousand dollars, eighteen dollars ; on a cap 
ital of as much as twenty-five thousand dollars and less than 
thirty thousand dollars, twenty three dollars; on a capital of as 
much as thirty thousand dollars and less than thirty-five thou 
sand dollars, twenty nine dollars; on a capital of as much as 
thirty five thousand dollars and less than forty thousand dollars, 
thirty-six dollars; on a capital of as much as forty thousand dol- 
lars and less than forty-five thousand dollars, forty-five dollars; 
on a capital of as much as forty- five thousand dollars and less 
than^fifty thousand dollars, sixty dollars; on a capital of as much 
as fifty thousand dollars and less than sixty thousand dollars, 
seventy -five dollars; on a capital of as much as sixty thousand 
dollars and less than seventy-five thousand dollars, ninety-five 
dollars; on a capital of as much as seventy-five thousand dollars 
and less than one hundred thousand dollars, one hundred and 
twenty dollars; on a capital of as much as one hundred thou- 



Chapter 11. 41 

sand dollars and less than one hundred and twenty-five thousand Graduated tax on 
dollars, one hundred and fifty dollars ; on a capital of as much ?n P stock! 1VeS & 
as one hundred and twenty- five thousand dollars and less than 
one hundred and fifty thousand dollars, one hundred and ninety 
dollars; on a capital of one hundred and fifty thousand dollars, 
or over, two hundred and fifty dollars. Every person mentioned 
in this section shall, within ten days after the first day of October 
in each year, deliver to the clerk of the board of county commis- whenistatement 
sioners a sworn statement of the amount of capital employed by pioyj^^au^be 
him in his business for the year prior to October. first. The clerk rendered, 
shall keep a book in which shall be recorded the list given in to 
him as herein required, and shall furnish the sheriff with a copy 
of said list within ten days after the same are give a in. It shall 
be the duty of the sheriff to collect from every person on the list sheriff shall coi- 
furnished him by the clerk as aforesaid the taxes embraced lect said taxes, 
therein. The board of county commissioners shall have power to 
require the merchant or dealer making his statement to submit 
his books for examination to them, and the board may also re- 
quire any and all persons who shall have knowledge or informa- 
tion upon this subject to make his statement or exhibit his books 
for examination by them. Every merchant or dealer falling to Books of mer- 
render such list, or refusing on demand to submit his books for examined^ 
such examination, shall be guilty of a misdemeanor. It shall 
further be the duty of the chairman of the board of county com- 
missioners to prosecute every merchant or dealer refusing as afore- 
said to the end of obtaining such information and compelling pay- 
ment of the proper tax. For service required of the clerk of the 
board of county commissioners in this section, he shall receive a 
fee of fifteen cents on each return for each year, which shall be 
allowed by the county commissioners and paid by the county 
[treasurer. 

Sec. 24. Every person who shall buv for the purpose of selling Additional tax 

• ix i- i. ii ■ jj-x- x ^ i on persons selling 

spirituous, vinous or malt liquors, shall, m addition to the ad spirituous 

valorem tax on his stock, pay as a license tax two per centum on ia - uors ' e c - 
the total amount of his purchase in or out of the state, for cash 
or credit, whether such person shall purchase as principal or 
through an agent or commission merchant. Every person men- 
tioned in this section shall, within ten days after the first days of 
January and July in each year, deliver to the clerk of the board 
of county commissioners a sworn statement of the total amount 
of his purchase for the preceding six months ending on the thirty- 
first day of December and on the thirtieth day of June. And also 
all iruggists dealing in spirituous, vinous or malt liquors, shall, 
on or before the first day of June, one thousand eight hundred Annual license 
and ninety-nine, and every year thereafter, obtain a license upon 
payment of fifty dollars to the sheriff or tax collector, and any 



42 



Chapter 11. 



Druggists, who druggist who allows liquor to be drunk within his place of busi- 
drunk in'their* ness shall be subject to all the taxes required by dealers in liquors, 
places of business anc j an y druggist violating this provision shall be guilty of a mis- 
to.proyisions of demeanor: Provided, that this act shall not authorize any drug- 
gist to sell spirituous, vinous or malt liquors except upon the 
prescription of -a practicing physician, as now allowed by law; 
Provided, in towns with less than five hundred inhabitants, and 
in towns where the sale of liquor is prohibited by law, twenty- 
five dollars shall be the license; Provided, that this section shall 
apply to all dispensaries. 

Sec. 25. Every person authorized to do business in this stave 
who. as a principal or agent, peddles drugs, nostrums, medicines 
or goods, wares or merchandise of whatever name or description, 
shall pay a iicense tax as follows, to- wit: Each peddler on foot, 
five dollars for each county; each peddler with horse, ox or mule, 
with or without vehicle, fifteen dollars for every county; each 
peddler with one or more horses, oxen or mules, with or without 
vehicle, twenty dollars for every county; every itinerant sales 
man who shall expose for sale, either on the street or in houses 
rented temporarily for that purpose, goods, wares or merchan- 
dise, shall pay a tax of fifty dollars in each county in which he 
shall carry on such business, whether as principal or as agent for 
any other person. Every person mentioned in this section shall 
apply in advance to the board of county commissioners of the 



this act. 



apply to dis 
pensaries. 
Agents or ped 
dlers of drugs, 
nostrums, etc. 



Persons men- 
tioned in this 
section shall ap- 
ply in advance to county in which he proposes to peddle or sell for a license, and 
county commis- 
sioners for 
license. 



roviso. 



License, when 
valid. 



Persons shall 
exhibit license on 
demand of cer- 
tain officers. 



the board of county commissioners may issue the license upon 
the payment of the tax to the sheriff, which shall expire at the 
end of twelve months from its date: Provided, it shall be discre- 
tionary with the board of county commissioners whether they 
issue license or not. The license issued as herein provided shall 
not be valid until it shall be exhibited to and countersigned by the 
clerk of the board of county commissioners, by whom a perma- 
nent record of all such license shall be kept. Any person may 
sell under this section without payment of tax as peddlers, salt. 
vegetables, chestnuts, peanuts, fruits, or any other products of 
the faun or dairy, oysters, fish, books, printed music, or aiticles 
of his own manufacture, except spectacles, drugs and nostrums. 
It shall be the duty of every person receiving a license under this 
section to exhibit the same upon demand cf any constable or jus- 
tice of the peace of any township in which he may vend or offer 
to vend any of the articles taxed in this section, and upon failure 
to do so every such person shall be presumed to be peddling with- 
out license, and shall be arrested and held to answer the charge : 
and if after arrest he shall produce his license, he shall be dis- 
missed upon the payment of all costs ; and it shall be the duty 
of any constable or justice of the peace to arrest all persons ped- 






Chapter 11. 43 



dling without license required by law and hold them to answer 
the charge of misdemeanor, and upon conviction, they shall be 
punished as prescribed in section seventy-two of this act, and 
any person who shall transfer or assign a license shall be subject 
to like punishment. The board of county commissioners shall Poor and infirm 
have power at their discretion to exempt from tax under this sec- trom tlxes. mp e 
tion any poor and infirm person. The clerk of the board of com- 
missioners shall be entitled to a fee of twenty- five cents for each 
license recorded under this section, to be paid by the person ap- 
plying for the license. That any person carrying a wagon, cart ^i 80 ^ of G iiire r 
or buggy fcr the purpose of exhibiting or delivering any wares 
or merchandise shall be considered a peddler: Provided, that Proviso. 
this section shall not apply to persons or their agents engaged in 
exchanging woollen goods for wool ; Provided further, that this Proviso, 
section shall not apply to drummers selling by wholesale. 

Sec. 26. Every manufacturer of sewing machines and every Manufacturers of 
person or persons or corporations engaged in the business of sell- sewin e machines, 
ing the same in this state, shall, before selling or offering for sale 
any such machines, pay to the state treasurer a tax of three hun- 
dred ard fifty dollars and obtain a license, which operate for one 
year from the date of issue, and all licenses provided for in this 
section shall be countersigned by the state auditor, and shall not 
be valid unless so countersigned. A separate tax shall be paid Separate classes 

SUOJ6CL TtO bSl'X 

and the name of every class or style of machine having a sepa- singularly. 
rate and distinct name offered for sale in this state shall be fur- 
nished in the written application for license to the state treasurer 
and inserted in the license. The state treasurer shall, upon the 
written application of any one who has obtained license as pro- 
vided in this section, and the payment of a fee of fifty cents, issue 
a certified duplicate copy of said license to any agent designated 
bv the license. Every one to whom license shall be issued as pro- After procuring 

.-.,.,. <• i ,, i . n t„-j. i license may sup- 

vided in this section shall have power to employ an unlimited p]y any nU mber 
number of agents to sell the machines named in his license. The of agents. 
parties obtaining license issued under this section, shall not be 
taxed by any county, city or town government. Any person re- 
quired to take out license under this section, who shall sell or at- 
tempt to sell any machine without having obtained license, shall be f h Y s s ^ectTon! ating 
deemed guilty of a misdemeanor, and upon conviction shall be 
fined one hundred dollars or imprisoned not exceeding thirty days, 
the fine tc be paid into the state treasury as other taxes. In addi- 
tion to the said fine or imprisonment, any person violating the 

provisions of this section shall pay a penalty to the officer mak- Penalty-shall be 

, , „ , , , i .. . -. paid to officer 

ing the arrest of two hundred dollars, one hundred thereof to be making arrest. 

paid into the treasury as other taxes, and one hundred dollars to 

the officer making the arrest. It shall be the duty of all county, 

town and township bonded officers to prosecute for penalties un- 



44 



Chapter 11. 



Shall not apply 
to merchants^ 
buying and sell- 
ing machines 
when tax has 
been paid. 



State treasurer 
authorized to 
have this section 
printed on 
face of license. 
Proviso. 



Corrpanies or 
persons selling 
pianos, organs, 
etc. 



License, when 
valid. 



Separate.tax for 
various classes 
of instruments. 



Shall not be 
taxed by counties 
or towns. 

Persons selling 
without license. 



Penalty. 



Penalty to be paid 
to officer making 

arrest. 



Gypsies and 
others pretending 
to tell fortunes for 
reward. 



der Ihis section. This section shall not apply to merchants who 
buy and sell sewing machines on which a license tax has been 
paid as hereinbefore provided, and who keep the said machines 
in their general stock of merchandise, and sell and deliver them 
at their place of business. It shall be the duty of the state treas- 
urer to have this section printed on the face of each license issued 
under this act for the information and protection of parties to 
whom the same may be issued: Provided, that any hand sew- 
ing machine traded for, or taken in exchange, as part payment 
of a new sewing machine, may be sold free of tax by any party 
to whom licenses have been issued to all [sell] sewing ma- 
chines. 

[Sec. 27.] Every person, company or manufacturer who shall en- 
gage in the business of selling pianos or organs by sample, list or 
otherwise, in this state, shall before selling or offering for sale any 
such instrument pay to the sheriff or tax collector, a tax of ten 
dollars on each brand and obtain a license which shall operate 
one year from its date, and all licenses provided for in this sec- 
tion shall be countersigned by the register of deeds, and shall not 
be valid unless so countersigned. It shall be the duty of the 
sheriff or tax collector to have this section printed on the face of 
each license issued under this act for the information and protec- 
tion of parties to whom the same may be issued. A separate 
tax shall be paid by each person, company or manufacturer for 
every class or style of instrument having a separate or distinct 
name, sold by him or them. The parties obtaining license issued 
under this section shall not be taxed by any county, city or town 
government. Any person required to take out license under this 
section, who shall sell or attempt to sell any instrument without 
having obtained license, shall be deemed guilty of a misdemeanor 
and upon conviction shall be fined one hundred dollars or im 
prisoned not exceeding thirty days the fine to be paid to the 
sheriff or tax collector as other taxes. In addition to the said fine 
or imprisonment, any person violating the provisions of this sec- 
tion shall pay a penalty to the officer making the arrest of two 
hundred dollars, one hundred dollars thereof to be paid into the 
treasury as other taxes, and one hundred dollars to the officer 
making the arrest. It shall be the duty of all county, town and 
township bonded officers to prosecute for penalties under this sec- 
tion. 

Sec. 28. Every company of gypsies or strolling company of per- 
sons, or any persons who receive reward for pretending to tell for- 
tunes, one hundred and fifty dollars in each county in which they 
offer to practice any of their craft, recoverable out of any prop- 
erty belonging to any of the company, but nothing herein con 



Chapter 11. 45 

gained shall be so construed as to exempt theiru from indictment 

or penalties imposed by law. 

Sec. 29. On every person or company who puts up lightning Lightning rods. 

rods, twenty dollars annually for each county in which he carries 

on business or sells lightning rods. 

Sec. 30. On everv itinerant person or company peddling clocks, Persons peddling 
, , -. ,, „ ! clocks, stoves or 

stoves or ranges, one hundred dollars annually on each wagon. raDge s 

if wagons are used, in each county where he or they may peddle. 

If wagons are not used, the tax shall be paid on each agent. 

Sec. 31. The officer authorized to collect the tax on insurance License tax on 

'companies shall collect and pay into the state treasury charges. P an U ies nCe C ° m " 

fees and taxes as follows: For each license issued to a life insur- ^ife companies. 

ance company or association, two hundred and fifty dollars; for 

each license issued to a fire insurance company or association, 

two hundred dollars; for each license issued to an accident in- Accident. 

surance company or association, two hundred dollars ; for each 

license issued to a marine insurance company or association, two Marine. 

hundred dollars ; for each license issued to a surety insurance Surety. 

company or association, one hundred dollars ; for each license 

issued to a plate glass insurance company or association, one Plate glass. 

hundred dollars; for each license issued to a boiler insurance Boiler. 

company or association, one hundred dollars; for each license 

issued to all other insurance companies or associations, one hun- All other insur- 

. , ,, ... ance organiza- 

dred dollars. All of said companies shall pay a tax of two per tions. 

centum upon the amount of their gross receipts in this state: Tax on gross 

receipts. 
Provided, that if any general agent shall exhibit to the secretary Proviso. 

of state a sworn statement showing that at least one-quarter of 
the entire assets of his company, when his company has assets, 
are invested in and are maintained in any. or all, of the follow 
ing securities or property, viz : bonds of this state, or of any county, when one- 
city or town of this state, or any property situate in this state ofcompany S are 
and taxable therein, then the tax shall be one per centum upon i°i V n property, tax 

the gross receipts aforesaid, and the license fee shall be one half is one per- 

centum. 
that named above; and if the amount so invested shall be three- License fee one- 
fourths of the total assets, the tax shall be one-fourth of one per nalf 
centum and the license fee one-fourth of that named above. No 
county or corporation shall be allowed to impose any additional 
tax. license or fee. The license fee and taxes imposed in this sec- 
tion shall be aid to the state treasurer. 

Sec. 32. Everv state bank, savings bank or association conduct- . Bank f*^ t ? a r n _ k " 
ing a business as contemplated in this section, any private banker, 
every money exchange, bond or note broker, whether operating as 
corporations or associations or privately as individuals, in addi- 
tion to the ad valorem tax on their capital invested, shall pay 
annually to the state treasurer a tax according to capital employed 
as follows: On a capital of ten thousand dollars or less, twenty- 



46 



Chapter 11. 



Graduated tax on 
capital stock of 
banks. 



Persons receiving 
property as 
security for 
money. 



Persons, clubs, 
Amis, etc., selling 
liquors. 



Semi-annual tax 
i n advance. 



How said tax 
shall be applied. 



Persons may sell 
wines etc., of 
their own manu- 
facture. 



Applications, 
how presented. 



five dollars, and two dollars for each one thousand dollars of capi- 
tal stock in excess of twenty-five thousand dollars; also twenty- 
five dollars additional for each county in which any of said banks, 
associations, bankers or brokers have an agency. On failure to 
comply with the provisions of this section the banks, associations 
or persons mentioned shall pay as taxes two thousand dollars, 
to be collected by the state treasurer. 

Sec. 33. Every person or compar y engaged in the business of 
receiving property in pledge or as security for money or other 
thing advanced to the pawner or pledger, shall be held to be a 
pawnbroker, shall pay an annual license tax of fifty dollars and 
shall at the time required by this chapter return under oath the 
value of all property pledged and held by him as a pawnbroker 
on hand on the first of June annually, and taxes shall be charged 
upon the fair cash value of such property to such pawnbroker 
the same as other property. 

Sec. 34. Every person, company or firm for selling spirituous, 
vinous or malt liquors or medicated bitters, or any social club or as 
sociation, incorporated or otherwise, which handles spirituous, 
vinous or malt liquors for the use of its members or guests, shall 
pay a license tax semi-annually in advance, on the first days of 
January and July as follows : First, for selling in quantities of 
five gallons or less, fifty dollars for each six months, to be collected 
by the sheriff and paid to the treasurer of the county board of 
education for the benefit of the fund for public schools in such 
county; second, for selling in quantities of five gallons or more, 
one hundred dollars for each six months, to be collected by the 
sheriff and paid to the treasurer of the state; third, for selling 
malt liquors exclusively, ten dollars for each six months, to be col 
lected by the sheriff and paid to the treasurer of the county 
board of education for the benefit of the fund for the public 
schools in such county. No license taken out under this section 
shall authorize any sale of any greater or less quantity than is 
specified in said license. Nothing in this section shall prevent 
any person selling wines of his own manufacture at the place of 
manufacture, or within one hundred yards thereof, in quantities 
of not less than one quart, of spirits in not less than one gallon. 
Every person, company or firm wishing to sell liquors under this 
section, except manufacturers, shall apply to the board of county 
commissioners for an order to the sheriff to issue a ^cense, and 
shall specify the particular building in which the business carried 
on under such license is to be transacted. Every such application 
shall be in writing, signed by the applicant and accompanied by 
the affidavit of six free-holders, residents of the voting precincts 
in which the applicant proposes to do business, all of whom shall 
declare upon oath that the applicant is a proper person to sell 



Chapter 11. 47 

spirituous, vinous or malt liquors, and that the building specified 
is a suitable place for the business to be carried on. Upon tha 
filing of such application and affidavit, the board of county com- 
missioners may grant an order to the sheriff to issue such license 
except in territory where the sale of liquors is prohibited by law: 
Provided, however, that the board of county commissioners upon 
satisfactory evidence that such applicant has been convicted, or when license 
has been found to have confessed his guilt in a court of compe- ™ ay ,- be refused to 
tent jurisdiction, of any violation of the laws of this state or any license. 
other state regulating the sale of spirituous Liquors, or that the 
building specified is without the limits of an incorporated town 
or city, or is within two hundred feet, in a direct line, from any 
church edifice or the premises pertaining thereto, may refuse to 
grant an order to the sheriff to issue license to such applicant ; that 
the license authorized within an incorporated town or city under License shall 

this section shall first be granted by the authorities of such town first, be granted 

by town authcri- 
or city; Prodded further, that the board of county commission- ties. 

ers may, upon complaint made by any resident of the county that 
any person, company or firm holding a license under this section 
has violated the laws of this state regulating the sale ot spirituous when persons 
liquors, and upon satisfactory evidence of his or their conviction, havevfbYT'd 6 
or such confession of such violation in a court of competent juris- law - 
diction, revoke any license heretofore granted by them. Upon 
complaint made as aforesaid the board of county commissioners 
shall forthwith summon such person, company or firm to appear 
before them at a given time within thirty days to show cause 
why such license and the order to issue the same should not be 
revoked: Provided further, that counties may levy not more p r0 viso. 
than as much tax as the state, under the provisions of this sec- 
tion. All persons taking out license to sell spirituous, vinous or 
malt liquors under the provisions of this section shall post up in 
some public part of their place of business the license issued to License shall be 

them. The license shall be printed in such form as the treasurer publicly exhib- 

L ited. 

of the state may prescribe, and furnished by register. Any per- 
son failing to post urj the license as provided in this section shall Persons failing' 
be considered as doing business without license. Any person, to post liC€nse 
company or firm taking out license as provided in this section on 
any date after the first day of January or the first day of July, p ersons taking 
shall pay the whole amount of tax for the six months ending the " ut Hcense'after 
thirty-first day of December or the thirtieth day of June, as the shall pay full 
case may be after the date of the license: Provided further, that proviso." 
no license shall be issued to any applicant under this section who 
is not a bona fide citizen of the United States and a legal voter of 
North Carolina. Each dispensary in the state shall pay annu- Dispensaries 
ally into the state treasury the following franchise taxes : 1. Each sba11 P&y fran - 

ctilsc taxes 

dispensary for a town of less than one thousand people, fifty dol- 
lars. 2. Each dispensary for a township in any county the sum 



48 



Chapter 11, 



Lawyers, physi- 
cians and den- 
tists. 
Proviso. 
Cities, towns 
and counties 
shall not levy 
additional special 
tax. 

On private busi- 
ness corporation, 
a franchise tax. 
Tax on capital 
stock. 

Graduated tax 
t n corporations. 



Proviso. 
When capital 
stock is not more 
than 81,000 tax 
shall be $10. 

Term " capital 
stock " defined. 



Continued failure 
to pay franchise 
tax shall cause 
forfeiture of 
franchise. 
Applies equally 
to home and 
foreign corpora- 
tions. 



of two hundred dollars. 3. Each dispensary for a town of more 
than one thousand inhabitants and not exceeding three thousand 
inhabitants, the sum of two hundred dollars. 4. Each dispen- 
sary for a town or city of more than three thousand inhabitants 
and not exceeding six thousand inhabitants, three hundred dol- 
lars. 5. Each dispensary for a town or city of more than six thou- 
sand inhabitants and each dispensary for a county, five hundred 
dollars. And it shall be the duty of all managers of dispensaries 
to pay to the county treasurer for the benefit of the school fund 
of the county in which such dispensaries are located all the taxes 
herein imposed on such dispensaries. 

Sec. 35. On each and every practicing lawyer, practicing physi- 
cian and dentist, the sum of five dollars: Prodded, that no city, 
town or county shall levy any additional license tax on lawyers, 
physicians and dentists. 

Sec. 36. On each and every private business corporation (rail- 
roads, banks and insurance companies excepted) a franchise tax 
in proportion to the amount of its capital stock, according to the 
following graduated scale, to- wit: On corporations having a capi- 
tal stock of twenty five thousand dollars (§25,000) or less, five dol- 
lars (§5) ; on corporations having a capital stock of over twenty- 
five thousand dollars ($25,000) and" not exceeding fifty thousand 
[dollars] (§50,000), ten dollars ($10); on corporations having a capi- 
tal stock of fifty thousand dollars (§50.000) and less than one 
hundred thousand dollars (§100,000), twenty-five dollars (§25); 
on corporations having a capital stock of one hundred thousand 
dollars (§100,000) and not exceeding two hundred and fifty thou- 
sand dollars (§250.000), fifty dollars (§50); on corporations having 
a capital stock of two hundred and fifty thousand dollars (§250,- 
000) and less than five hundred thousand dollars (§500,000). one \ 
hundred dollars (§100); on corporations having a capital stock 
of five hundred thousand dollars (§500,000), two hundred dol- 
lars (§200) ; on companies having a capital stock of one million 
dollars (§1,000,000), five hundred dollars: Provided, that when 
the capital stock of any company or corporation shall not amount 
to more than one thousand dollars in actual value, the franchise 
tax imposed by this section shall be ten dollars and no more. B\ 
the terms of " capital stock " in this section is meant the amount 
of capital fixed by the corporation charter, or by the stockholders 
pursuant to the powers granted in the charters ; that in addition to 
the penalties otherwise provided in this act, the continued failure 
to pay the franchise tax imposed by this section, on or before the 
first day of January of said year, shall cause a forfeiture of the 
charter of such defaulting corporation, and its charter in that 
event shall be, and the same is hereby repealed. This section 
shall apply equally to all companies whether home or foreign : 
Provided, that when the capital stock of any land company or 



>1- 

;; 



Chapter 11. 49 

corporation shall not amount in actual value to more than ten 
thousand dollars, the tax imposed by this section shall be twenty- 
five dollars and no more: Provided, that only the capital stock Proviso, 
subscribed for shall be taxed under this section. scribed for shall 

Sec. 37. That any joint stock association, company, copartner- transection! €f 

ship or corporation, whether incorporated under the laws of this Joint stock asso- 

, ^ i - ciations mcorpo- 

state or of any other state, or of any foreign nation, engaged in raied under laws 

.... , „ ,, . . ,, . , ., -„ ,. of this or other 

transmitting to. from, through, in or across the state ot Worth states engaged in 

Carolina, telegraphic messages, shall be deemed and held to be a I'^'phic messages! 
telegraph company, and every such telegraph company shall an- 
nually, between the first day of January and the twentieth day Shall renderan- 
of February, make out and deliver to the auditor of this state a 
statement, verified by the oath of the officer or agent of such 
company making such statement, with reference to the thirty - 
first dav of December next preceding, showing: First. The totai Capital stock of 

.,/,,„. ... , such company, 

capital stock of such association, company, copartnership or cor- 
poration. Second. The number of shares of capital stock issued Number of shares 
and outstanding and the par or face value of each share. Third, each. 
Its principal place of business. ' Fourth. The market value of busines^martet' 
said shares of stock on the thirty-first day of December next pre- value of stock, 
ceding, and if such shares have no market value then the actual 

value thereof. Fifth. The real estate, structures, machinery, Real estate, 
,. , , ,. , , . , ... structures, ma- 

fixtures and appliances owned by said association, company, eo- chinery, etc. 

partnership or corporation, and subject to local taxation within 
the state, and the location and assessed value thereof in each 
county where the same is assessed for local taxation. Sixth. The Specific real es- 
specific real estate, together with the permanent improvements witti permanent 
thereon, owned by such association, company, copartnership or improvements, 
corporation, situate outside the state of North Carolina and not 
directly used in the conduct of the business, with a specific de- 
scription of each such piece, where located, the purpose for which 
the same is used, and the sum at which the same is assessed for 
taxation in the locality where situated. Seventh. All mort- Mortgages on 

proper! v 
gages upon the whole or any [part] of its property, together with 

the dates and amounts thereof. Eighth, (a) The total length of Total length of 
the lines of said association or company; (b) the total length of Total length of 
so much of their lines as is outside the state of North Carolina; as !s outs?de of 6S 
(c) the length of the lines within each of the counties and town- Lenl'th of lines 
ships within the state of North Carolina . within each of the 

o no -n . , i ■, • .... counties of North 

Sec. 38. Every telephone company doing business m this state- Carolina. 

whether incorporated under the laws of this state or of any other palfies dofngbusi- 
state, or of any foreign nation, shall annually, between the first nessin this state, 
day of January and the twentieth day of February, make out and 
deliver to the auditor of this state a statement, verified by the Shall make out"' 
oath of the officer or agent of such company making such state- to auditor 31 *™ 6111 
ment, with reference to the thirty -first day of December next pre- 
4 



50 



Chapter 11. 



Sliall show capi- 
tal stock. 
N umber of shares 
of stock and par 
value. 

Principal place 
of business. 
Market value of 
shares. 

Real estate, 
structures, etc. 



Specific real es- 
tate, together 
with permanent 
improvements, 
etc. 



Mortgages upon 
property. 

Total 1 
lines. 

Total length of 
lines outside of 
North Carolina. 
Length of lines 
within each of 
counties and 
townships in 
North Carolina. 
Joint stock as.>>o- 
ciations. etc.. 
carrying pack- 
ages across this 
state 



Express com- 
panies shall make 
out annual state- 
ment to auditor. 



Shall show total 
capital stock. 
Number of shares 
of stock issued 
and outstanding. 



ceding, showing: (1) The total capital stock of such association, 
company, copartnership or corporation. (8) The number of shares 
of capital stock issued and outstanding and the par or face value 
of each share. (3) Its principal place of business. (4) The market 
value of said shares of stock or. the thirty first day of December 
next preceding, and if such shares have no market value then the 
actual value thereof. (5) The real estate, structures, machinery, 
fixtures and appliances owned by said association, company, co 
partnership or corporation, and subject to local taxation within 
the state, and the location and assessed value thereof in each 
county where the same is assessed by local taxation. (6) The 
specific real estate, together with the permanent improvements 
thereon, owned by such association, company, copartnership or 
corporation situated outside the state of North Carolina and not 
used directly in the conduct of the business, with a specific de- 
scription of each such piece, where located, the purpose for which 
the same is used, and the sum at which the same is assessed for 
taxation in the locality where situated. (7) All mortgages upon 
the whole or any of its property, together with the dates and 
amounts thereof. (8) a. The total length of the lines of said asso- 
ciation or company; b. the total length of so much of their lines 
as is outside the state of North Carolina; c. the length of the 
lines within each of the counties and townships within the state 
of North Carolina. 

Sec 39. Every joint stock association, company, copartnership 
or corporation, incorporated or acting under the laws of this or any 
other state, or any foreign nation, engaged in carrying to, from, 
through, in or across this state, or any part thereof, money, pack- 
ages, gold, silver, plate, merchandise, freight or other articles, 
under any contract expressed or implied, with any railroad com- 
pany, or the managers, lessees, agents or receivers thereof, pro- 
vided such joint stock association, company, copartnership or cor- 
poration is not a railroad company, shall be deemed and held tc 
be an express company within the meaning of this act, anc 
every such express company shall annually, between the first daj 
of January and the twentieth day of February, make out and 
deliver to the auditor of this state a statement verified by the 
oath of the officer or agent of such association, company-, copart- 
nership or corporation making such statement, with reference to 
the thirty first day of December next preceding, showing: First, 
the total capital stock or capital of said association, copartner- 
ship or corporation. Second. The number of shares of capital 
stock issued and outstanding, and the par or face value of each 
share, and in case no shares of capital stock are issued, in what 
manner the capital thereof is divided, and in what manner such 
holdings are evidenced. Third. Its principal place of business. 



Chapter 11. 51 

Fourth. The market value of the said shares of stock' on the Principal place of 
thirty-first day of December next preceding, and if such shares Market value of 
have no market value, then the actual value thereof: and in case stock - 
no shares of stock have been issued, state the market value, or the 
actual value in case there is no market value, of the capital 
thereof, and the manner in which the same is divided. Fifth. 
The real estate, structures, machinery, fixtures and appliances Real estate, ma- 
owned by said association, company, copartnership or corpora- etc. 1 y ' X UreS ' 
tion, and subject to local taxation within the state of North Caro- 
lina, and the location and assessed value thereof in each county 
where the same is assessed for local taxation. Sixth. The specific Specific real es- 
real estate, together with the improvements thereon, owned by plovements 
said association, company, copartnership or corporation situate tne,eon - 
outside the state of North Carolina, and not used directly in the 
conduct of the business, with a specific description of each piece, 
where located, the purpose for which the same is used, and the 
sum at which the same is assessed for taxation in the locality 

where situate. Seventh. All mortgages upon the whole, or any Mortgages upon 

property 

part of its property, together with the dates and amounts thereof. 

Eighth, (a) The total length of the lines or routes over which such Total length of 

... , . . . , , lines or roads 

association, company, copartnership or corporation transports over which busi- 

such merchandise, freight or express matter; (b) the total length acted. 8 trans " 

of such lines or routes as are outside the state of North Carolina, Total length out- 
side of state.- 
(c) the length of such lines or routes within each of the counties. Total length with- 

and townships within the state of North Carolina. townshipsof 

Sec. 40. Upon the filing of such statements the auditor shall Audito^mayre- 

examine them, and each of them, and if he shall deem the same $ n j re additional 

information. 

insufficient, or in case he shall deem that other information is 
requisite, he shall require such officer to make such other and 
further statements as caid auditor may call for. In case of the 
failure or refusal of any association company, copartnership or 

corporation to make out and deliver to the auditor any statement Companies faii- 

, , ,, . , . .. ing or refusing to 

or statements required by this act, such association, company, ieuder such state- 
copartnership or corporation shall forfeit and pay to the state cf meut haDle - 
North Carolina one hundred dollars (§100) for each additional day 
such report is delayed beyond the twentieth day of February, penalty. 
to be sued and recover in any proper form of action in the name 
of the state of North Carolina on the relation of the auditor, and 

such penaltv, when collected, shall be paid into the general such penalties 
„ , „ ,, , shall be paid into 

fund Of the state. general iund. 

Sec. 41. Upon the meeting of the railroad commissioners for Railroad commis- 
the purpose of assessing railroad and other property, said auditor amine such state- 
shall lay such statements, with such information as may have ^^ng^roperty. 
been furnished him, before said railroad commissioners, who 
shall thereupon value and assess the property of each associa- 
tion, company, copartnership or corporation in the manner here- 



52 



Chapter 11. 



May require 
agents and of- 
ficers to appear 
before them. 



Railroad commis- 
sioners shall first 
ascertain true 
cash value of 
property, etc. 



Proviso. 



"When property is 
encumbered by 
mortgage. 



Commissioners 
shall ascertain 
value of several 
pieces of real es- 
tate wherever 
situated, owned 
by such corpora- 
tion. 



inafter set forth, after examining such statements and after as- 
certaining: the value of such properties therefrom, and from such 
other information as they may have or obtain. For that purpose 
they may require the agents or officers of said association, com- 
pany, copartnership or corporation to appear before them with 
such books, papers and statements as they may require, or they 
may require additional statements to be made to them, and may 
compel the attendance of witnesses in case they shall deem it nec- 
essary, to enable them to ascertain the true cash value of such 
property. 

Sec. 42. Said state board of railroad commissioners shall first 
ascertain the true cash value of the entire property owned by said 
association, company, copartnership or corporation from said 
statements or otherwise, for that purpose taking the aggregate 
value of all the shares of capital stock, in case said shares have a 
market value, and in case they have none taking the actual value 
thereof or of the capital of said association, company, copartner- 
ship or corporation, in whatever manner the same is divided, in 
case no shares of capital stock have been issued: Provided, Ji07v- 
ever, that in case the whole or any portion of the property of such 
association, company, copartnership or corporation shall be en- 
cumbered by a mortgage or mortgages, such board shall ascer- 
tain the true cash value of such property by adding to the mar- 
ket value of the aggregate shares of stock, or to the value of the 
capital in case there shall be no such shares, the aggregate 
amounts of such mortgage or mortgages, and the result shall be 
deemed and treated as the true cash value of the property of 
such association, company, copartnership or corporation. Such 
board of railroad commissioners shall, for the purpose of ascer- 
taining the true cash value of the property within the state of 
North Carolina, next ascertain from such statements, or other 
wise, the assessed value for taxation in the localities where the 
same is situated, of the several pieces of real estate situate within 
the state of North Carolina and not specifically used in the gen- 
eral business of such associations, companies, copartnerships or 
corporations, which said assessed values for taxation shall be by 
said board deducted from the gross value of the property as above 
ascertained. Said state board of railroad commissioners shall 
next ascertain and assess the true cash value of the property of 
such associations, companies, copartnerships or corporations 
within the state of North Carolina by taking as a guide as far as 
practicable the proportion of the whole aggregate value of said 
associations, companies, copartnerships or corporations, as above 
ascertained, after deducting the assessed value of such real estate 
without the state, which the length of the lines of said associa- 
tions, companies, copartnerships or corporations, in the case of 



Chapter 11. 53 

telegraph and telephone companies within the state of North 
Carolina, bears to the total length of the lines thereof, and in the 
case of express companies, the proportion shall be the propor- When express 
tion of the whole aggregate value, after snch deductions, which assessed anyhow 
the length of the lines or routes within the state of North Caro- P r °P ert y valued, 
lina bears to the whole length of the lines or routes of such asso 
ciations. companies, copartnerships or corporations and such 
amount, so ascertained, shall be deemed and held as the entire 
value of the property of said associations, companies, copartner- 
ships or corporations within the state of North Carolina. From 
the entire value of the property within the state so ascertained, 
there shall be deducted by the board the assessed value for taxa- Deduction to be 
tion of all real estate, structures, machinery and appliances within tms^ioners. 
the state and subject to local taxation in the counties, as herein- 
before described in item number five of sections thirty-seven, 
thirty-eight, thirty-nine and forty of this act, and the residue of 
such value so ascertained, after deducting therefrom the assessed 
value of such local properties, shall be by said board assessed to 
said association. 

Sec. 43. Said state board of railroad commissioners shall there- Board shall ascer- 
tain value per 
upon ascertain the value per mile of the property within the mile of property 

state by dividing the total value, as above ascertained, after de- 
ducting the specific properties locally assessed within the state, by 
the number of miles within the state, and the result shall be 
deemed and held as the value per mile of the property of such 
association, company, copartnership or corporation within the 
state of North Carolina. 

Sec. 44. Said state board of railroad commissioners shall there- How total value 
upon, for the purpose of determining what amount shall be as- assessed, 
sessed by it to said association, company, copartnership or corpo- 
ration in each county in the state, through, across, into or over 
which the line^of said association, company, copartnership or 
corporation extends, multiply the value per mile, as above as con- 
tained, by the number of miles in each of such counties as reported 
in said statements, or as otherwise ascertained, and the result 
thereof shall be by said board certified to the auditor, who shall 
thereupon certify the same to the chairman of the board of county. 
commissioners, respectively, of the several counties through, into, 
over or across which the lines or routes of said association, com- 
pany, copartnership or corporation extend. 

Sec. 45. In case any such association, copartnership or corpo- Companies, etc., 

ration, as named in this act, shall fail or refuse to pay any taxes [opay taxation 

assessed against it in anv county in the state, in addition to other may be instituted 

& • ' •> by state. 

remedies provided by law for the collection of taxes, an action 

may be prosecuted in the name of the state of North Carolina by 

the solicitors of the different judicial circuits of the state, on the 



54 Chapter 11. 

relation of the county commissioners of the different counties of 
this state, and the judgment in said action shall include a pen- 
Penalty, alty of fifty per cent of the amount of taxes as assessed and un- 
paid, together with reasonable attorney's fees for the prosecution 
of such action, which action may be prosecuted in any county 
into, through, over or across which the line or routes of any asso- 
ciation, copartnership, company, or corporation shall extend, or 
in any county where such association, company, copartnership 
or corporation shall have an office or agent for the transaction of 
j^any S{ etc. f to^pay business. Tn case such association, company, copartnership or 

whole of taxes corporation shall have refused to pay the whole of the taxes as- 
assessed to it in ' 

particular sessed against the same by said state board of railroad commis- 

counties. . . , . ,. , . 

sioners, or in case such association, company, copartnership or 

corporation shall have refused to pay the taxes or any portion 

thereof assessed to it in any particular county or counties, such 

action may include the whole or any portion of the taxes so un- 

Attorney-generai paid in anv countv or counties, but the attorney- general may at 
mav unite iu one , . ..'... .. .. 

action entire his option unite in one action the entire amount of the tax due, 

amount due. i . ,. . i ... 

or may bring separate actions m each separate county or joining 

counties, as he may prefer. All collection of taxes for or on ac- 
count of any particular county made in any such suit or suits 
shall be by said auditor accounted for as a credit to the respective 
counties, for or on account of which such collections were made 
by said auditor, at the next ensuing settlement with such county, 
but the penalty so collected shall be credited to the general fund 

Penalty collected of the state ; and upon such settlement being made, the treasu- 

credited to c ^ 

general fund. rers of the several counties shall at their next settlements, enter 

credits upon the proper duplicates in their offices and at the next 
Counties may be settlement with the county report the amount so received by him 
such amounts. hi his settlement with the state, and proper entries shall be made 
Proviso. with reference thereto: Provided, that in any such action the 

amount of the assessment fixed by said state board of railroad 
commissioners and apportioned to such county, shall not be con- 
troverted. 

Sleeping-car Sec. 46. Every joint stock association, company, copartnership 

companies shall .. . - ,. ., , , ,, . 

make out annual or corporation incorporated or acting under the laws of this or 

auditor" 1 l ° ' any otner state, or of any foreign nation, and conveying to, from, 
through, in or across this state, or any part thereof, passengers 
or travellers in palace cars, drawing room cars, sleeping cars, din- 
ing cars, or chair cars, under any contract, express or implied, 
with any railroad company or the managers, lessees, agents or re- 
ceivers thereof, shall be deemed and held to be a sleeping-car 
company for the purposes of this act, and shall hereinafter be 
called "sleeping-car company," and every such sleeping car com- 
pany doing business in this state shall annually, between the 
first day of January and the first day of April, make out and de- 
liver to the auditor of this state a statement, verified by the oath 



Chapter 11. 55 

of the officers or agent of such company making such statement. 

with reference to the thirty-first day of December next preceding. 

showing: First. The total capital stock of such sleeping-car com Shall - 

pany invested in its sleeping-car business. Second. The number Number ofshares 

of shares of such capita! stock devoted to the sleeping-car bu.si- "alue 01 * a ' ld Par 

ness issued and^outstanding, and the par or face value of each 

share. Third. Under the laws of what state it is incorporated. Under the laws of 

fourth. Its principal place of business. Fifth. The names and incorporated. 18 

post-office addresses of its ©resident and secretary. Sixth. The Principal place of 

business. 

actual cash value of the shares of such capital stock devoted to Address of 

its sleeping-car business on the thirty first day of December next Actual cash value 

preceding such report, Seventh. The real estate, structures, ma- Relf estate ^' 

chinery, fixtures and appliances owned by said sleeping car com- structures, etc. 

pany. and subject to local taxation within this state, and the 

location and value thereof in each county within this state where 

the same is assessed for local taxation. Eighth. All mortgages Mortgages on 

upon the whole or any part of its property, together with the P r °P ert y- 

franchises and the amounts thereof, devoted to its sleeping-car 

business. Ninth, (a) The total length of the main lines of rail- Total length of 

road over which cars are run: (b) the total length of so much of which 1 cars°run. 

the main line of the railroad over which said cars are run outside Total length of 

hue over which 
of the state of North Carolina; (c) the length of the lines of rail- run outside of 

road over which said cars are run within the state of North Caro- Length of liDe 

lina: Provided, that where the railroads over which said cars run areru^i'nstate 5 

have double tracks or a greater number of tracks than a single Proviso. 

track, the statement shall only give the mileage as though such track^ar^buut 

tracks were but single track, and in case the auditor shall require Ph 1 ^ h^V^ 

it. such statement shall show in detail the number of miles of each 

or any particular railroad or system within this state; (d) upon 

filing such statement, the auditor shall examine it and if deemed exaraine^tete- 

insufficient shall require anv additional information which may m entandmay 

• J require addl- 

be necessary to a clear understanding of the value of the property tjonal informa- 

of such sleeping car company, and in case of refusal or failure of 
such sleeping car company to furnish such information, he shall 
obtain the same through any channel that he may deem proper 
and shall notify the officer attesting such statement by registered 
letter of his action; (e) upon the meeting of the railroad com- 
missioners for the purpose of assessing railroads and other prop- 
erty, the auditor shall lay such statement before said commis- 
sioners, who shall thereupon determine the total cash value of 

the capital stock of such sleeping car company devoted to its Assessment of 

1 i o i . property of such 

sleeping-car business, and shall then divide this amount bv the company, etc., 
, , , " , P -i e -i -, i_- i ^1 c " i by railroad com- 

total number or miles of ran road over which the cars of such missioners. 

sleeping car company are used, so as to obtain the value per 

mile; they shall then multiply this value per mile by the number 

of miles of railroad track over which such cars are used within 



56 



Chapter 11. 



Officer attesting 
report shall be 
notified of asses? 
ment. 

Shall have 30 
days within 
which to make 
objection. 



Shall have 30 
days within 
which to pay 
taxes. 

Secretary of rail- 
road commission 
shall certify to 
county commis- 
sioners of coun- 
ties through 
which cars run 
value of property. 



Company, etc., 
shall have 60 
days within 
which to pay 
county tax. 
On failure or re- 
fusal to pay taxes, 
how collected. 
Penalty. 

Corporations, 
et'-., owning re- 
frigerator cars, 

€tC. 

Taxed in same 
manner as sleep 
ing-car com- 
panies. 



this state, and from the result thus obtained they shall deduct 
the value of all real estate, structures, machinery, fixtures and 
appliances owned by such sleeping-car company within this state 
and subject to taxation in the county where located ; the remain- 
der shall be taken as the value of the property of such sleeping- 
car company within this state for the purpose of assessment and 
taxation. And the secretary of the railroad commission shall 
thereupon notify by registered letter the officer attesting such 
report of the amount assessed against it. and such sleeping-car 
company shall have thirty days within which to appear and 
make objections, if any it shall have, to said assessment. If no 
objections be made within said thirty days, the amount shall be 
certified to the state treasurer, who shall thereupon send by reg- 
istered letter to the officer attesting such report a bi'l for the 
state taxes upon said assessment, and such sleeping car company 
shall have thirty days within which to pay said taxes. And the 
secretary of the railroad commission shall certify to the county 
commissioners of the several counties through which such cars 
are used, the value of the property of such sleeping car company 
within such county in the proportion that the number of miles 
of railroad over which such cars are used in said county bears to 
the number of miles of railroad over which such cars are used 
within the state, together with the name and post office address 
of the officer attesting such report of such sleeping car company, 
with the information that tax bills, when assessed, are to be sent 
him by mail, and such value so certified shall be assessed and 
taxed the same as other property within said county. And when 
the assessment shall have been made in such county the sheriff 
or county tax collector shall send to the address given by the sec- 
retary of the railroad commission to the county commissioners, 
by registered mail, a bill for the total amount of all taxes due to 
such county, and such sheriff or county tax collector shall add to 
such tax bills the postage and registration fee, and such sleep- 
ing car company shall have sixty days thereafter within which 
to pay said taxes ; and upon failure or [of] and refusal to do so. such 
taxes shall be collected the same as other delinquent taxes are. 
together with a penalty of fifty per cent added thereto and costs 
of collection. 

Sec. 47. Every person, firm or corporation owning refrigerator 
or freight cars operated over or leased to any railroad company 
in this state or operating in this state, shall be taxed in the same 
manner as is provided in section forty six for the taxation of sleep- 
ing car companies, and the manner provided in that section for 
the assessment of the value of sleeping car companies and the col- 
lection of the tax thereon shall be followed in assessing and col- 
lecting the tax on the refrigerator and freight cars taxed under 
this section. 



Chapter 11. 57 

Sec. 48. On every auctioneer of all goods, wares or merchandise Auctioneers 
sold by himself or agent, whether by ascending or descending 
bids at public outcry, who accepts compensation for service, an 
annual license tax as follows: In cities or towns of twelve thou- Tax according 
sand inhabitants or over, fifteen dollars; in cities or towns of ^?.S P U J*^°^ ° f 

ciiij or low^n lii 

from eight thousand to twelve thousand inhabitants, ten dollars; which auctioueer 

lives. 

in cities or towns of from four thousand to eight thousand in- 
habitants, five dollars; in towns or townships of less than four 
thousand inhabitants, two dollars and fifty cents. 

Sec. 49. On every individual or firm, or his or their agents, en- Firms and in- 
gaged in the business of buying and selling bicycles or bicycle and selling M- mS 
supplies and fixtures, whether such business be conducted in con- c J' cles - 
nection with other business or not, an annual license tax as fol- 
lows: In cities or towns of twelve thousand inhabitants or over, 
ten dollars ; in cities or towns of less than twelve thousand inhabi- 
tant;, five dollars: Provided, that nothing in this section shall Proviso 
apply to any individual or firm conducting the exclusive business firms or persons ° 
of repairing bicycles. cfusfvebSfinfss 

Sec. 50. On every individual or firm, or his or their agents, of repairing 

bicvclcs 

acting as agent collecting rents or for both buyer and seller in collecting rents, 

negotiating the sale or exchange of real estate of any and every of reafestatefete. 

description, an annual license tax as follows : In cities or towns 

of twelve thousand inhabitants or over, fifteen dollars; in cities 

or towns of from eight thousand to twelve thousand inhabitants, Tax according to 

ten dollars; in cities or towns of from four thousand to eight cuy'ortownin 

thousand inhabitants, five dollars ; in cities or towns of less than which agent re- 
sides 
four thousand inhabitants, two dollars and fifty cents. 

Sec. 51, On every individual or firm, or his or their agents, en- Buyers and sellers 
gaged in the business of buying and selling fresh meats from offi- 
ces, stores, stalls or vehicles, an annual license tax as follows: In 
cities or towns of twelve thousand inhabitants or over, seven dol- Tax according to 
lars and fifty cents; in cities or towns of from eight thousand to tovvn^a^vhich 
twelve thousand inhabitants, five dollars; in cities or towns of perso a resides, 
less than eight thousand inhabitants, three dollars: Provided, 
that nothing in this section shall apply to farmers vending their 
own products and without a regular place of business. 

Sec. 52. On ever} 7 individual or firm or association of persons individuals or 
engaged in and conducting the business of selling coal and wood w0 ™dor'coaf. 
at wholesale or retail, an annual license tax as follows: In cities 
oi towns of twelve thousand inhabitants and over, twenty dol- Basis of tax rates. 
lars; in cities or towns of from eight thousand to twelve thousand 
inhabitants, fifteen dollars; in cities or towns of from four thou 
sand to eight thousand inhabitants, ten dollars; in I owns of less 
than four thousand inhabitants, five dollars: Provided, that this 
license tax shall not apply to vendors or sellers who cut wood 



58 



Chapter 11. 



Persons or firms 
engaged in bnsi 
ness of collecting 
accoun's, etc. 



Cotton com- 
presses. 

Tax accoiding to 
number of biles 
pressed. 



Buyers and sell- 
ers of cotton, 
other than mer 
chants paying 
privilege tax 



Basis of tax rate. 



Persons in busi- 
ness of ren ovati n £ 
feathers. 



Five dollars for 
each county. 
Hotels charging 
less than $2 per 
day, 25 cents for 
each room. 

Hotels charging 
82 and over per 
day. 

Photographers 

Ice manufac- 
turers. 

Laundry men. 
Lumber dealers 
Undertakers. 



from their own lands and sell less than one hundred cords of 
wood per annum. 

Sec. 53. On every individual or firm, or his or their agpnts, en- 
gaged in the business of collecting accounts, bills, notes and moneys 

from one person in favor of another, as a regularly organized col- 
lection agency, an annual license tax cf ten dollars. 

Sec. 54. On every cotton compress, an annua! license tax as fol- 
lows: Pressing not less than one hunrded thousand hales of cot- 
ton per annum, one hundred dollars; pressing not less than sev- 
enty-five thousand bales of cotton per annum, seventy five dol- 
lars; pressing not less than fifty thousand bales of cotton per an- 
num, fifty dollars; pressing not less than twenty-five thousand 
bales of cotton per annum, twenty five dollars; pressing not less 
than ten thousand bales of cotton per annum, ten dollars. 

Sec. 55. On every individual or firm or association of persons 
engaged in the business hs cotton factors buying and selling cot- 
ton, other than merchants paying a purchase or privilege tax, an 
annual license tax as follows: In cities or towns of twelve thou- 
sand inhabitants or over, fifteen dollars; in cities or towns of 
from ten thousand to twelve thousand inhabitants, ten dollars; 
in cities or towns of from five thousand to ten thousand inhabi- 
tants, five dollars; in cities or towns of less than five thousand in- 
habitants, two dollars and fifty cents. 

Sec. 56. On every individual or firm or association of persons, 
or his or their agents, engaged in the business of renovating feath- 
ers, a license tax as follows: Five dollars for each county in which 
such business may be solicited or conducted. 

Sec. 57. On each hotel charging for transient custom a rate of 
less than two dollars per day, twenty-five cents for each and 
every room, except the office room, the dining room, the parlors, 
the kitchen and two other rooms. Hotels charging two dollars 
per day and more, fifty cents per room. 

Sec. 58. On every photographer an annual license tax of five 
dollars; on ice manufacturers, ten dollars; on laundrymen, ten 
dollars; on lumber dealers, ten dollars; on undertakers, ten dol- 
lars. 

Schedule C. 



Taxes embraced 
in this schedule 
payable as di- 
rected. 

Railroad com- 
mission shall re- 
vise assessment <f 
railroad property. 



Sec. 59. The taxes embraced in this schedule shall be listed 
and paid as specially therein directed and shall be for the privi- 
lege of carrying on the business [or] of performing the acts named. 

Sec. 60. That for the purpose of raising revenue and equalizing 
taxation the railroad commission, or any body succeeding to 
their powers, are hereby required and directed, as soon as prac- 
ticable and in time for the levy of 1899, to revise the assessments 
for taxation of the entire railroad property of the state, and in 



Chapter 11. 59 

doing- so they should take into consideration the value of the 

franchise, the gross earnings and the net income of each road. 

Sec. 61. That said assessors shall so increase the assessments. Assessment shall 

. be so increased 
where such increase is justified, as will moke each part and parcel as that railroads 

of railroad property bear its fair proportion of the burden of tax- ^4 of taxation. 

ation. 

--Sec. 62. Every express company, and every telegraph or tele- Express, tele- 

1 ' * 7 v P none ancl tele_ 

phone company doing business in this state, shall pay a tax of graph companies 

• i .,., . ,, , , mi- sball pay two per- 

two per centum on its gross receipts wrtnro the state, lhesu- centum on gross 

perintendent, general manager or other chief officer of every such receipts. 

company shall make return under oath to the treasurer of the Return shall ;be 

state within ten days after the first day of January, April, July to treasurer. 

and October, of the amount of gross receipts of the company for 

the quarter ending on the last day of the month immediately 

preceding, and pay to the treasurer the tax herein imposed at the 

time of making such return. It shall be the duty of each sheriff 

to report to the treasurer any such company doing business in Sheriff shall re- 

his countv. In case of default of such return and payment of tax panies doing 
,, . ,, ., . ,, n t n j. i business in his 

the company shall pay a penalty ot one thousand dollars, to be county. 

collected by such sheriff as the treasurer of the state shall desig- ^^natty* ° f Ux 

nate, by distress or otherwise : Provided, no county or corporation proviso. 

shall be allowed to impose any additional tax, license or fee, ex- No additional 

tax shall be im- 
cept ad valorem tax. posed by county 

Sec. 63. Whenever the seal of state, of the treasury depart- exceptad vaio- 

ment or other public officer required by law to keep a seal r r ^ m 5 a:x - , , 

(not including clerks of the courts, other county officers fixed by officers, 

©xcGot clsrks of 
and notaries public), shall be affixed to any paper, the tax courts and no-: 

shall be as follows, to be paid by the party applying for the C harIed. UbliC ' fee 
same: For the great seal of the state on any commissions, one 
dollar, except magistrates' commissions, which shall be with- 
out fee; on warrants of extradition for fugitives from justice from 
other states a reciprocal seal tax and fee shall be charged, i. e., 
the same fee and seal tax must be collected from the state mak 
ing requisition, which is charged this state for like service; all 
fees and seal taxes of whatever kind, collected by the private 
secretary of the governor, shall be paid into the treasury quar- 
terly; for the seal of Hie state department fifty cents, to be col- 
lected by the secretary of state and paid by him into the treasury; 
for the seal of the state treasurer, to be collected by him and ac- 
counted for as other public money, fifty cents. 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 Fees charged for 
thereof. Whenver a scroll is used in the absence of a seal by a xm? se 
any of said officers the said tax shall be on the scroll. Seals 
affixed for the use of any county or the state, or used on the 
commissions of officers of the militia, justices of the peace, or any 
other public officer not having a salary, or under the pension law, 



60 



Chapter 11, 



Persons refusing 
or neglecting to 
pay said tax 
guilty of a misde- 
meanor. 



Marriage license. 



Statement of 
reg ster. 



Officers collecting 
fines shall ac- 
count for same 
within 30 days. 



Shall be applied 
to school fund. 



Officers violating 
preceding section 
guilty of embez- 
zlement. 



Subjects of taxa- 
tion revised in 
this act not 
otherwise tax- 
able. 
Proviso. 

Does not apply to 
taxes due previ- 
ous to ratification 
of this act. 
Auditor shall 
not supply 
county officers 
with any blanks 
except herein 
authorized or 
absolutely neces- 
sary. 



Violation of this 
act a misde- 
meanor. 



or upon any process of court, shall be exempt from taxation. The 
officers collecting the said taxes and fees may retain as compen- 
sation five per centum, except in the case of sheriffs, whose com- 
missions shall be allowed by the auditor. Any person receiving 
taxes under this section, and willfully refusing or neglecting to 
pay the same as required, shall be guilty of a misdemeanor and 
upon conviction shall be fined not more than five hundred dol- 
lars or imprisoned at the discretion of the court. 

Sec. 64. On each marriage license, one dollar. The tax on mar- 
riage license shall be paid to the register of deeds. It shall be 
the duty of the register of deeds to render annually to the sheriff, 
during the second week of the month of November, sworn state- 
ments in detail of taxes received by him under this section, and 
at the same time pay him the money thus received, and there- 
upon the sheriff shall file the statement of the register of deeds 
with the clerk of the superior court. 

Sec. 65. Whenever any officer, including justices of the peace, 
receives or collects a fine, penalty or forfeiture in behalf of the 
state, or any tax imposed on licenses to retailers of wines, cor- 
dials, malt or spirituous liquors and auctioneers, he shall, within 
thirty days after such reception or collection, pay over and ac 
count for the same to the treasurer of the county board of edu- 
cation for the benefit of the fund for common schools in such 
county. 

Sec. 66. Any officers, including justices of the peace, convicted 
of violating the preceding section or of appropriating to his own 
use the state, county, school, city or town taxes shall be guilty 
of embezzlement, and may be punished not exceeding five years 
in the state prison, at the discretion of the court. 

Sec. 67. All laws imposing taxes, the subjects of which are re- 
vised in this act, are hereby repealed: Provided, that this repeal 
shall not extend to the provisions of any laws, so far as they re- 
late tyO the taxes listed, or which ought to or would have been 
listed, or which may be due previous to the ratification of this 
act. 

Sec. 68. The auditor of the state shall not make or cause to be 
made any headings or blanks to or on the forms which he is re- 
quired to supply to the several counties of this state other than 
such as are required and are indispensably necessary under the 
provisions of this aet. or as may be hereafter required by law. 
Nor shall any taxes be levied directly or indirectly by the said 
auditor, any law heretofore passed to the contrary notwithstand- 
ing: and if the auditor shall be guilty of any violation of this sec- 
tion he shall be guilty of a misdemeanor and on conviction be 
punished in the discretion of the court. 






Chapter 11. 61 



Sec. 69. That the auditor of the state is hereby required to re- Auditor may re- 
ject the annual returns of any sheriff when he has good reason iheriff when he 
to believe said returns are not entirely correct and contain mate- n|veluc°hretm-n& 
rial omissions in schedules B and C in any of the subjects of taxa- incorrect, 
tioh therein provided, and may make investigation as to such 
omissions, and for this purpose may send for persons and papers. 

Sec. TO. That it shall be and it is hereby made the duty of the sheriff shall re- 
sheriff of each county in the state to make diligent inquiry and superioi^or'cri'mi- 
report to the judge of each term of the superior or criminal court or no't^uc^taxes 

held in the county following the time when the license tax pro- as are due have 

J ° been paid, 

vided for in schedules B and C of this act should have been paid 

as to whether or not such license taxes have been paid by all per- 
sons or corporations liable for the same, and to make out a list 
of all delinquents. And it, shall be made the. duty of the judge to 

submit the list of the delinquents to the solicitor, to the end that Prosecution of 

1 delinquents, 

such delinquents may be prosecuted for such defalcation in the 

manner provided in the next section of this act. 

Sec. 71. Every person who shall practice any trade or profes- Persons practic- 

sion, or use any franchise taxed by the laws of North Carolina fessions or using 

without having paid the tax and obtain a license as required in pay^ng^iw tax Ut 

this act, shall be deemed guilty of a misdemeanor and punished guilty of a mis- 

by fine or imprisoned, and shall also forfeit and pay a penalty 

of fifty dollars, which penalty the sheriff of the county in which 

it has occurred shall cause to be recovered before any justice 

of the peace of the county for the benefit of the school fund 

of the county. 

Sec. 72. A sum not to exceed twenty-five hundred dol'ars is $2,500 appropria- 
i-T- • j. j j. e , ,, . . ted to the use of 

hereby appropriated out of any moneys not otherwise appropri- state treasurer to 

ated, to be expended , by the treasurer of the state as he may coiiecttonof taxes 

deem best and necessary to secure the prompt and proper collec- and protect 

tion of taxes, and the protection of the treasury. And a like 

amount of twenty-five hundred dollars, or so much thereof as $2,500 appro pria- 

may be necessary, is hereby appropriated to be used by the aud- auditoi^forpropei 

itor of state for the proper enforcement of the machinery act. enforcement of 
*■ c J machinery act. 

Sec. 78. This act shall be in force from and after its ratifica- 
tion. 

Ratified this the eighth day of March, A. D. eighteen hundred 
and ninety-nine. 



62 



Chapter 12 — 13 — 14. 



CHAPTER 12. 
An act to change the name of Chockowinity creek. 

The General Assembly of North < arolina do enact : 

Name changed. Section 1. That the name of Chocowinity creek is hereby 
changed to Chocowinity river. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January, A. I). 1899. 



CHAPTER 13. 



An act to amend section two thousand one hundred and fifty-nine of 
The Code. 



Section 2159 Code 
relating to trans- 
fers of will con- 
tests, amended. 



The General Assembly of North Carolina do enact : 

Section 1. That section two thousand one hundred and fifty 
nine of The Code be, and the same is hereby, amended by insert- 
ing the words "effect" and "the" in line six, the following words: 
"or shall make affidavit that he is unable to give a bond, or de 
posit the money or give a mortgage in lieu of such bond." 

Sec. 2. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 24th day of January, A. D. 1899. 



CHAPTER 14. 



An act to amend chapter three hundred and thirty-five, laws of 
eighteen hundred and ninety-five. 



Chapter 335, 
public laws 1895, 
to prevent setting 
wire or pad nets 
in waters of Black 
river, amended. 

Conflicting laws 
repealed. 



The General Assembly of North Carolina do enact: 

Section 1. That chapter three hundred and thirty five, public 
laws of eighteen hundred and ninety five be amended by adding 
after the word (in section first and line six) Sampson, " except on 
Monday. Wednesday and Friday of each week." 

Sec. 2. That ail laws and clauses of laws in conflict with this 
act are hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 26th day of January, A. D. 1899. 



Chapter 15. 63 

CHAPTEE 15. 

An act to provide for the assessment of property and ths collection 
of taxes. 

The General Assembly of North Carolina do enact: 

Section 1. That the board of commissioners of the several Commissioners of 
counties shall have power to exempt any person from the pay- shallhavTpower 

rnent of poll tax on account of both poverty and infirmity; and to exempt certain 

x persons from pay- 

when any such person has been once exempted he shall not be ment of poll-tax. 

required to renew his application unless the commissioners shall 

revoke the exemption. When such exemption shall have been 

made the clerk of the commissioners shall furnish the person with Clerk of cornmis- 

a certificate of such action, and the person to whom it was issued nte^persons cer- 

shall be required to list his poll, but uoon exhibition of such cer- tificateof exemp- 

1 ' ' tion. 

tificate the list taker shall annually enter in the volume intended 

for the poll the word " exempt, " and the poll shall not be charged 

in computing the list. If any poll tax or other taxes shall not be Taxes not paid 

paid within sixty days after the same shall be demandable, it ^teVdemanci dayS 

shall be the duty of the sheriff, if he can find no property of the ab,e - 

person liable sufficient to satisfy the same, to attach any debt or 

other property incapable of manual delivery, due 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. 

Any corporation, firm or person who shall, on demand or request sheriff may at- 

made, refuse to give to the sheriff or tax collector of anv countv- ^ cn P r °P e ' -ty .- 

° j j Persons refusing 

city or town a list giving^the names of all persons employed by to give to sheriff 

them, who are liable for tax, shall be guilty of a misdemeanor, list of persons 

For the purpose of carrying'into effect the provisions of this sec- tnem°and nibble 

tion, the following form shall be used as an attachment, viz: to tax, guilty of 

misdemeanor. 

To A. B. : Take notice that this is to attach any debt that is now p orm of attach- 
due, or may become due. to C. D., a delinquent in his poll (or ment in garnish- 

. , .. „ . , . , , , , c ment proceed- 

property tax) tor the year or eighteen hundred and , and ings. 

you are hereby summoned to appear before E. P., an acting jus- 
tice of the peace for county, and disclose any indebtedness 

which is or may be due said delinquent by you during the pres- 
ent calendar year, and to show cause why .judgment should not 
be rendered against you for said delinquent tax and cost of this 
proceeding. 

day of 18 

A. B., Sheriff or tax collector. 

For serving notice the sheriff shall receive twenty-five cents. Fees of sheriff 
and if judgment is rendered the justice shall receive twenty-five andjustice. 
cents as costs. 



64 



Chapter 15. 



List-Takers astd Assessors. 



Commissioners 
shall in April 
select three free- 
holders in each 
township to as- 
sess property. 



List-takers and 
assessors shall as- 
sess true value. 



Shall meet on or 
before second 
Monday in May. 



Assessment, 
when made, shall 
be in force four 
years, unless 
improvements 
made or structure 
destroyed. 
Assessors and 
list-takers may 
be appointed in 
cities and towns 
at certain special 
times. 



Public notice 
shall be given of 
by tax-lister and 
assessors of list- 
taking. 



Complete return 
of property shall 
be made to com- 
missioners before 
first Monday in 
July. 



Sec. [2] The board of commissioners ol each county, shall at 
their session held in the month of April, one thousand eight 
hundred and ninety-nine, and every fourth year thereafter, ap- 
point three discreet freeholders in each township, who shall list 
and assess the real and personal property in said township for 
taxation. The list-takers and assessors shall ascertain the true 
value in money of every tract or parcel of land or other real 
estate, with the improvements thereon, and personal property, 
and assess the same in accordance with said valuation. Said 
board of list-takers and assessors shall meet at some place in their 
respective townships on or before the second Monday in May and 
elect one of their number chairman. The board is hereby au- 
thorized and empowered to administer oaths in all cases necessary 
to obtain full and correct information concerning any taxable 
real and personal property in their respective townships so as to 
secui-e a proper assessment of said property. The assessment 
when made shall be in force during the four years preceding a 
reassessment, or until altered as provided by this act by reason 
of structures improved, erected or destroyed. 

Sec. 3. The board of county commissioners shall have power 
to appoint one or more list takers and assessors for years in which 
there shall be an assessment of property for any town or city in 
their respective counties having more than two thousand inhabi- 
tants, and one or more list-takers for such town or city for the 
years in which there shall not be an assessment of property. The 
board shall have power to appoint three assessors and list-takers 
for each ward in any city or town in their respective counties. 

Sec. 4. Each township board of list-takers and assessors shall 
advertise in five or more public places in the township immedi- 
ately after their appointment, notifying all taxpayers to return 
to said list takers and assessors all the real and personal property 
which each taxpayer shall own on the first day of June, requir- 
ing said returns to be made to said list-takers and assessors dur- 
ing the month of June, under the pains and penalties imposed 
by law. Each of said list-takers and assessors shall attend at two 
or more places in the township for the purpose of listing and as- 
sessing the property. 

Sec. 5. The boai-d of list-takers and assessors shall make a 
complete return of their assessments, embracing an abstract of 
the taxable property of their respective toAvnships, to the board 
of county commissioners on or before ^the first Monday in July, 
and annex the following affidavit subscribed and sworn to before 
a justice of the peace, or any person authorized to administer 
oaths, who shall certify the same : 



1899— Chapter 15. 65 

We, the list-takers and assessors of township of Affidavitof 

list-tAkcrs nod 
county, make oath that the foregoing list contains, to the best assessors. 

of our knowledge and belief, all the real and personal property 
required by law to be assessed in said township, and that we 
have assessed every tract or parcel of land or other real and per- 
sonal property at its true value in money and have endeavored 
to do equal justice to the public and to the taxpayers concerned. 

Sec. 6. The board of county commissioners and the chairman Commissioners 
of the board of list- takers and assessors of the several townships Mst-takeVs^nd as- 

and wards of cities and towns shall constitute a board of equali- sessors shall con- 

^ statute board of 

zation for the county and shall meet on the first Monday in equalization. 

July. The chairman of the board of county commissioners shall 
be chairman of said board of equalization, and shall lay before 
the board of equalization the returns of the list takers and the as- 
sessors. Said board shall equalize the valuation so that each 
tract or lot or article of personal property shall be entered on 
the tax list at its true value in money, and for this purpose they Listing of per- 
shall observe the following rules: (1) They shall raise the valua- a nTreaY?state. 

tion of such tracts or lots of property or articles of personal prop- SQ ail revise such 

r L J L r r property as they 

ertv. including stocks, bonds and shares in all incorporated com- believe to be 

. , , . . . , , nil . i • . listed below its 

panies, as in their opinion have been returned below their true value. 

value, to such price or sum as they may believe to be the true 
value thereof. (2) They shall reduce the valuation of such tracts shall revise vaiu- 
and lots or articles of personal property as in their opinion have returned P above J 
been returned above their true value as compared with the aver true value 
age valuation of real and personal property, including stocks, 
bonds and shares of all incorporated companies of such county. 
In regard to real property they shall have due regard to the rela- 
tive situation, quality of soil, improvement, natural and artificial 
advantages possessed by each tract or lot. 

Sec. 7. The board of county commissioners shall allow each compensation for 
list-taker and assessor such compensation as said board shall assessors'. 8 a °* 
deem just and proper for each day actually engaged in the per- 
formance of his duties. Said board of county commissioners 
shall also allow each member of the board of equalization such compensation of 
per diem for the number of days actually engaged in the per- J > z °*g dofequal " 
formance of his duties as the said board of commissioners shall 
deem just and proper, and in addition thereto mileage at the 
rate of five cents for each mile necessarily travelled in attending 
the meetings of the board of equalization. The per diem and 
mileage allowed, as provided in this section, shall be paid by the 
county. 

Sec 8. The said board of county commissioners shall annually, county commis- 
at their session in the month of April, except in the year when poin^one^tax- 13 
there shall be an assessment of property, appoint one competent lister for each 
person in each township to list the lands therein at the valuation 

5 



66 



1899— Chapter 15. 



Proviso. 

One list-taker 
maybe appointed 
in each ward in 
«ities and towns. 

Compensation. 



List- takers and 
assessors shall 
verify accounts. 



When assessor 
shall be entitled 
to compensation. 



Proviso. 

Commissioners 
may regulate per 
diem of assessors. 



List-takers shall 
advertise date of 
returns. 



Returns shall be 
made during 
June. 



Subjects of taxa- 
tion. 



Proviso. 

When trustee re- 
sides out of state 
property shall be 
listed by trustor. 



previously assessed on the same and all personal properly in said 
township: Provided, said board of county commissioners may 
appoint a list- taker for the purposes mentioned in this seel ion 
for each ward in any city or town in their respective counties. 
Said board of commissioners shall allow the list lakers such com- 
pensation for their services as the board may deem just and 
proper and the same shall be paid by the county treasurer. 

Sec. 9. List-takers and assessors shall make out their accounts 
in detail, giving the date of each day when they shall have been 
employed, which account they shall verify under oath, The as- 
sessor shall not be entitled to compensation until he shall have 
filed the lists, schedules, statements and books appertaining to 
the assessment of property for such year in the office of the clerk 
of the commissioners, the books to be accurately made and added 
up. The list takers and assessors shall not be entitled to pay un- 
less they have performed the labor and made return in strict 
compliance with the law: Provided, the county commissioners 
shall be the judges of the number of days actually necessary for 
taking the list, and may regulate the same when a greater number 
of days are charged for than they may deem necessary. 

Sec. 10. Each township list-taker appointed under the author- 
ity of section eight of this act shall advertise in five or more pub- 
lic places within the township immediately after his appoint- 
ment, notifying all taxpayers to return to him all the real and 
personal property which each taxpayer shall own, on the first 
day of June, and said returns shall be made to the list-taker dur- 
ing the month of June, under the pains and penalties prescribed 
by law. Each list taker shall attend at two or more places in 
each township for the purpose of taking a list of property for 
taxation. 

Sec. 11. Every person owning property is required to list, and 
shall inake out, sign and deliver to the list-taker a statement, 
verified by his or her oath, of all the real and personal property, 
moneys, credits, investments in bonds, stocks, joint stock com- 
panies, annuities, or otherwise, and the value of improvements on 
real estate since the same was assessed, in his or her possession, 
or under his or her control on the first day of June, either as 
owner or holder thereof, or as parent, guardian, trustee, execu- 
tor, executrix, administrator, administratrix, receiver, accounting 
officer, partner, agent, factor, or otherwise: Provided, that when- 
ever personal property^has been conveyed in trust, and the trustee 
resides outside of the state, but the trustor resides within the state, 
then and in that case such property shall be listed for taxation in 
this state by such trustor where the property is situate. In all 
cases where a guardian, executor or executrix, administrator, or 
administratrix, resides in a city or incorporated town, all personal 
property in the hands of such guardian, executor or executrix, 



1899— Chapter 15. 67 

administrator or administratrix, shall be listed for taxation Guardians etc. 

only where their wards resided on the first day of June, and shall list property 

J J ' of wards where 

where the deceased persons resided at the date of their death, said wards reside 

unless such wards or deceased persons were non-residents of the 

state on the first day of June or at the day of death, in which 

case t he guardian, executor or executrix, administrator or ad 

ministratrix, shall list the said property where he or she resides 

on the first day of June: Provided, the guardian shall be exempt proviso. 

from municipal taxation on the personal property of his or her Guardian not 

ward when the ward resides outside the corporate limits of the pai b tax°wi™n niC1 

city or town ; Provided, that any one who, to evade the payment ward resides out 

L - of corporate 

of said taxes surrenders or exchanges his or her certificates of de- limits. 

posit in any bank in this state or elsewhere for non-taxpaying se- When attempt is 

curities, and after the date of listing property has passed takes Nation e b vade 

said certificates back and gives up such non-taxpayine: securities changing c'ertifi- 
, „ , ... , . , * i J & cates of deposit. 

shall be guilty of a misdemeanor. 

Sec. 12. The list shall be given by the person charged, or his List shall be 

or her agent, during the month of June as herein prescribed : fu^? unn & 

Provided, that agents for the purpose of listing property shall be Proviso. 

appointed only by females or non-residents of the township where Who shall be rep- 

the property is situated, or by persons physically unable to at- a te e nts ed by 
tend and file their lists at any time during the month of June. 
The property of a corporation shall be given in by the president, property of cor- 
cashier, treasurer or other person appointed for that purpose : P° rations - 
Provided, that the cashier of every bank in North Carolina shall proviso, 
furnish to the board of county commissioners of each county cashiers of banks 
wherein any of the stockholders reside the number of shares and statement' of 
market value of such shares held by each stockholder, and also number of shares 

furnish to the treasurer of the state the names and residences value. 
of all holders of said stock, and the auditor shall furnish to the 
sheriff or other tax collector of each county the names and resi- 
dences of said stockholders. Personal prop- 
Sec. 13. All real property and all stock, farming utensils and ^ou with c Sm- 
other personal property used in connection with the cultivation v , at |? n °f. farm . 

shall be listed in 
of a farm subject to taxation shall be listed in the township in township in 

which said property is situated on the first day of June. Stock erty°is situated?" 
which shall be grazing in a county other than that in which thu 
owner resides shall be listed in the county in which the owner 
resides on the first day of June. When the fee of the soil of any 
tract, parcel or lot of land is in any person or persons natural or R . 
artificial, and the right to any minerals, quarry or timber therein erai, quarry or 
is in another or others, the same shall be valued and listed agree- 
ably to such ownership in separate entries specifying in the inter- 
est listed, and shall be taxed to the parties owning the different 
interests respectively. In listing mineral, quarry, or timber or 
interests the owner thereof shall describe in his list, together 
with the separate value of the same on each separate tract or 



1899— Chapter Id. 



Taxab e polls 
shall bp listed in 
township in 
which subject 
resides. 



Property of cor- 
porations, etc., 
returnable in 
township where 
principal office is 
situated. 



Tax assessed on 
shares of stock. 



Auditor shall fur- 
nish to sheriffs 
names of persons 
owning stocks. 

Proviso. 

Shall not be con- 
strued to impose 
a double tax. 

Taxpayer shall 
attend in person 
and file list, ex- 
cert as provided 
otherwise. 



Form "f oath of 
taxpayer. 



parcel of land in or on which the same shall be situated or lo- 
cated, and the list-taker shall be particular to enter the same on 
the tax list according to the returns. An owner of separate tim- 
ber interests shall list the same whether the timber shall be at- 
tached to or detached from the soil. 

Sec. 14. All taxable polls and all personal property, except such 
shares of capital stock and other property as are directed to be 
listed otherwise in this act, shall be listed in the township in 
which the person so charged resides on the first day of June. 
The residence of a corporation, partnership or joint stock associa- 
tion, for the purposes of this act shall be deemed to be in town- 
ship in which its principal office or place of business is situated. 
If however the corporation, partneiship or association have sepa- 
rate places of business in more than one township it shall give in 
each township the property or effects therein. Persons owning 
shares in incorporated companies, taxable by law, are not required 
to deliver to the list taker a list thereof, but the president or 
or the chief officer of such corporation shall deliver to the list- 
taker a list of all shares of stock held therein and the value 
thereof except banks. The tax assessed on shares of stock em- 
braced in said list shall be paid by the corporations respectively. 
The shares in any branch bank shall be returned and the taxes 
thereon paid in the counties where such branches are located, 
and the president or other chief officer of such corporations, ex- 
cept banks, shall furnish to the auditor of the state the names 
and residences of all persons owning shares in said corporations, 
and the auditor shall furnish to the sheriff or tax collector of 
each county the names and residences of such persons owning 
shares in said corporations: Provided, that section fourteen can 
not be construed so as to impose a double tax on said corpora- 
tions. 

Sec. 15. At the time and place appointed by the list-taker the 
taxpayer in person, except as provided in section twelve, shall 
attend and file with the list taker on a blank to be prepared and 
furnished by the state treasurer a verified statement of all the 
property of every kind and description owned by the taxpayer. 
The taxpayer shall also swear to the true value of his or her 
property and choses in action, except land, which oath shall be 
in the following form, to- wit : 

"I, , do solemnly swear (or affirm) that the list furnished 

by me contains a true and accurate list of all property which by 
law I am required to list for taxation, and the value fixed thereon 
by me is a true valuation of the same, and the amount of solvent 
credits given in by me is the full and correct amount of same ac- 
cording to my best knowledge, information, and belief. So help 
me, God." 



1899— Chapter 15. 69 

Any person making a false return shall be deemed guilty of Persons making 
perjury. Property held in trust, or as agent, guardian, executor guilty of perjury. 
or executrix, administrator or administratrix, or in the right of 
a feme covert, shall be returned on a separate list. The sheriff 
or other tax collector in any county shall be liable to suit on his Sheriff shall be 
official bond for failure to report any false return of property f^iu^to report° r 
mentioned in this section which he may discover, or which may false return ' 
be otherwise discovered and made known to him, and it shall be 
his duty to report such fraud to the grand jury of his county- 
That any person, corporation or firm who fails to list the poll Failure to list as 
taxes and property taxes required of thein by law shall be guilty demeanor? miS 
of a misdemeanor. 

Sec. 16. The list-taker shall state all the property of the person Duty of listtaker. 
giving in, and also the age of the party, if a male with reference 
to his liability to a poll tax, and shall refer to the first day of 
June in that year. (1) the quantity of land owned in the town- Land, how de- 
ship, and the land shall be described by name, if it has one, scr e " 
otherwise in such a way that it may be identified. (2) The num- Horses, cattle, 
ber of horses, mules, jacks and jennies in one column, goats, cat- 
tle, hogs and sheep, separately with the true value thereof. (3) 
Farming utensils, tools of mechanics, household and kitchen fur- Farming utensils, 
niture, provisions, firearms, libraries and scientific instruments, e c- 
specifying the articles separately at the true value thereof. (4) 
Money on hand, including all- funds invested within thirty days Money on hand, 
before in United States bonds or in other non taxable property 
whatever. (5) The amount of credits, including accrued interest Amount of 
uncollected owing to the party, whether in or out of the state, cre ltS- 
whether owing by mortgage, bond, note, bill of exchange, certifi- 
cate, check, open account, or due and payable, whether owing 
by any state or government, county, city, town or township, in- 
dividual company or corporation. (6) All foreign building and loan All foreign build- 
associations doing business in this state by their secretary or treas- sociations d'oing 
urer [shall] list for taxation its stock held by citizens of this state g t a S t e Dess in this 
in the county, city or town where the owners of said stock reside. 
That in listing said stock for taxation the withdrawal value as 
fixed by the by-laws of each company, shall be furnished the list- 
taker, and the stock shall be valued for taxation as other mon- 
eyed investments of citizens of this state. That any association Failure to return 
or officer of said association doing business in this state who shall demeanor & miS " 
fail or refuse to so list shares of stock owned by citizens of this 
state for taxation shall be barred from doing business in this 
state ; and any local officer or person who shall collect dues, as- 
sessments premiums, fines or interests from any citizen of this 
state for any such association which has failed or refused to list 
for taxation the stock held by citizens of this state shall be guilty 
of a misdemeanor and subject to fine and imprisonment, or both 



70 



1899— Chapter 15. 



Penalty. 

Certificates of de- 
posit in any 
bank. 



Credits not en- 
tirely solvent. 



Money invest- 
ments, stocks, 
bonds, etc. 



All other personal 
property. 



Gross income 
from property 
not already 
taxed in this 
state. 



Non-resident 
land owners. 



Failure of per- 
sons to give in to 
assessor bonds, 
notes, etc., not 
recoverable until 
listed. 



List>taker shall 
examine persons 
on oath . 



Board of commis- 
sioners shall be 
governed by de- 
cision of state 
treasurer, when 
legal questions 
involved in re- 
turns. 



in the discretion of the court. That all of said taxes shall be paid 
by the association listing- said stock. (7) Any certificate of deposit 
in any bank, whether in or out of the state, and the value of cot- 
ton, tobacco or other property in the hands of commission mer- 
chants or agents in or out of the state shall be deemed credits 
within the meaning of this act. If any credit be not regarded as 
entirely solvent it shall be given in at its current or market value. 
The party may deduct from the amount of his credits owing to 
him the amount of collectible debts owing by him as principal 
debtor. (8) Money investments, stocks and bonds of whatever na- 
ture, except bonds of this state and the United States and such 
other bonds as may have been expressly exempted from taxation 
by the law of this state, and such shares of stock in incorporated 
companies as may have been listed by the corporation. (9) All 
other personal property whatever, including therein all cotton in 
seed or lint, tobacco either in leaf or manufacture, turpentine, 
rosin, tar, brandy, whiskey, musical instruments, bicycles, goods, 
wares and merchandise of all kinds, plated and silverware and 
the watches and jewelry possessed ^by the party, or any minor or 
child, at their value. (10) The gross income of the party the 
twelve months next preceding the first day of June in the current 
year derived from property not already taxed by the laws of this 
state, with a statement of the source or sources from which it was 
derived, and also his income over one thousand dollars, derived 
from salaries or fees, or both. (11) If the party be a non-resident 
of the county and owns land therein, the list shall state his or 
her address, and may name any agent in the county to whom 
notice may be given respecting his or her taxes. (12) If any per- 
son shall, with a view to evade the payment of taxes, fail or re- 
fuse to give in to the assessor any bonds, notes, claims or other 
evidences of debt which are subject to assessment and taxation, 
under this act, the same shall not be recoverable by action at law 
or suit in equity before any of the courts of this state until they 
have been listed and the tax paid thereon. 

Sec. 17. The list-takers shall be particular to examine each 
person on oath as to whether he or she has other property than 
that stated in his or her return which he or she may claim is not 
liable to taxation. Such property, except bonds of the United 
States, and of this state, shall be entered and noted on the tax 
list, and if the board of commissioners shall be unable to decide 
the legal question^involved, it shall be their duty to consult the 
state treasurer about the matter and to be governed by his decis- 
ion ; and it shall be the duty of the state treasurer to decide all 
questions presented to him which may arise in the execution of 
this act, or the act to raise revenue. Every list- taker who shaH 
fail to examine each person listing his or her property as required 



1899— Chapter 15. 71 

in this section shall be guilty of a misdemeanor and lined and 
imprisoned at the discretion of the court. 

Sec. 18. If any person liable to be charged with taxes shall re- Persons liable to 
fuse to answer any questions respecting his or her property, or to a^sw^/ques 1118 
shall refuse to till, sign and swear to his or her returns, he or she ^ons ^} ilty ° f a 
shall be guilty of a misdemeanor, and on conviction liable to be 
punished by a fine not exceeding fifty dollars, or imprisoned not Penalty, 
exceeding thirty days, or both, and it shall be the duty of the 
list-taker to have the offender prosecuted. Every list-taker and 
chairman of the board of county commissioners shall have power List-takers em- 
to send for persons and papers, and to examine witnesses and ad- fo°^ e e r e S ons and* 
minister oaths. papers. 

Sec. 19. Each list- taker shall correct any parcel of real prop- List taker may 
erty on which any structure of over one hundred dollars value corrections* 11 
may have been erected, or on which any structure of the like 
value shall have been destroyed, agreeably to the returns made 
in accordance with the provisions of this act. 

Sec. 20. The property mentioned in this section shall be ex- National, state 
erupt from taxation, to-wit: (1) That belonging to the United property CiP 
States or this state, or to any county or incorporated town, and 
used for public purposes. (2) The property belonging to and set 
apart and excusively used for the university, colleges, institutions institutions of 
of learning, academies, the Masonic fraternity, Order of Odd Fel- ternaforders. r& 
lows, Knights of Pythias, Independent Order of Mechanics, 
Grood Templars, and Friends of Temperance, Knights of Honor, 
Good Samaritans and Brothers and Sisters of Love and Charity, 
Royal Arcanum, Hibernian Benevolent Society of Wilmington, 
the Israel and Priscilla Tent of Wilmington, Farmers Mutual 
Fire Insurance Association, schools for the education of the youth 
or support of the poor and afflicted, orphan asylums, such prop- Asylums for 
erty as may be set apart for and appropriated to the exercise of or P hans . etc - 
divine worship, or the propagation of the gospel, or use as par 
sonages, the same being the property of any religious denomina- 
tion or society : Provided, that all property not used exclusively Proviso. 

for religious, charitable or educational purposes, or which is held Property not used 

exclusively for 
for the purpose of speculating in the sale thereof, investment or religious or 

for rent, shall not be exempt: Provided further, that when the poseThabie Ur " 
rental from such property is applied exclusively to the support Proviso, 
of the gospel, religious, charitable or school purposes, the prop- 
erty shall not be taxed. (3) Such property as may be set apart 
for graveyards or burial lots, except such as is held for the pur- cemeteries, 
pose of speculating in the sale thereof. (4) Twenty- five dollars $25 of personal 
of personal property of each individual taxpayer. taxpayer. * eaCk 

Sec. 21. The auditor of the state shall prepare forms to be used Auditor shall 
in assessing and listing property for taxation by the assessors pre P are orms - 
and list-takers. He shall transmit said forms to the clerk of the 



72 



1899— Chapter 15. 



List-takers shall 
on or before first 
Monday in July 
return list to 
clerk of board of 
commissioners. 



Returns shall 
be open to In- 
spection. 



List-taker shall 
make oath. 



board of commissioners of each county by the fifteenth day of 
May, and the clerk shall deliver to each board of list takers and 
assessors the necessary number of the forms for their respective 
use. The assessors' forms shall be furnished every fourth year 
and the list-takers' forms annually. 

Sec. 22. The list-takers shall on or before the first Monday in 
July in each year, return the tax list to the clerk of the board of 
commissioners. He shall also return a list of the property in the 
township not given in for taxation, with a description and valu- 
ation thereof made by himself, and the names of the occupant 
and supposed owner, and a list of the taxable polls of the town- 
ship not given in for taxation. The returns so made shall be open 
to the inspection of all persons interested, and the clerk shall 
give to any person desiring it a copy of so much thereof as re- 
lates to his property on paying a fee of ten cents. 

Sec. 23. The list taker upon making return to the board of com- 
missioners of the list and statements, shall take and subscribe an 
oath to the effect following, which may be administered by the 
chairman of the board of commissioners or any other officer au- 
thorized to administer oaths : 



Form of oath of 

list-taker. 



"I, . list taker of in county of , do sol- 
emnly swear (or affirm) the value of all real and personal prop- 
erty, moneys, credits, investments in bonds, stocks, joint stock 
companies or otherwise, of which a statement has been made to 
me by the persons required by law to list the same, is truly re- 
turned as set forth in such statement ; that in every case where 
by law I have been required by law to ascertain the items and 
value of the real and personal property, moneys, credits, invest- 
ments in bonds, stocks, joint stock companies or otherwise of any 
person, company or corporation, I have diligently and by the 
best means in my power endeavored to ascertain the real value 
thereof, and that I verily believe a full list with the value thereof 
estimated by the rules prescribed by law is set forth in the an- 
nexed returns; that in no case have I knowingly omitted to re- 
ceive of any person, of whom by law I was required to receive, a 
statement of the description and value of real and personal prop- 
erty or of the amount of moneys, credits, investments in bonds, 
stocks, joint stock companies or otherwise which he was required 
to list, or in any way connived at any violation or evasion of any 
of the requirements prescribed by law in relation to the listing or 
valuation of property, moneys, credits, investments in bonds, 
stocks, joint stock companies or otherwise of any kind for taxa- 
tion, and that I have returned to the board of commissioners the 
original returns made to me, of which I have made, or which by 
law I am required to procure and return." 



1899 -Chapter 15. 73 

Any list-taker making a false return as aforesaid shall be Listrtakers mak- 
j -, ... e . ing fasle returns 

deemed guilty of perjury. gulityof perjury. 

Sec. 24. The board of commissioners of each county, after no- ^? D ? 1 r ^^i on ® rs 

J shall meet on 

tice in one newspaper or by posters put up, shall meet on the sec second Monday 
ond Monday in July and revise the tax list and valuation reported vise tax list. 
to them and cause the register of deeds to complete Ihe list by 
computing the tax payable by each person and affixing the same 
opposite his name. They shall sit for one day at least and when 
necessary shall sit until the revision is complete and shall hear 
all persons objecting to the valuation of their property or to the 
amount of tax charged against them. They shall have power to 
summon and examine witnesses, and shall correct the lists of the 
list-takers as may be right and just and so that the valuation of 
similar property throughout the county shall be as near uni- 
form as possible. They shall have power after notifying the 
owner or agent to raise the valuation of such property as they 
shall deem unreasonably low. The said board of commissioners Empowered to 
on tendering the prescribed oath may take the list of any person a ^|® notifying 
applying to list his or her taxables at any meeting of the commis- owner or agent, 
•ioners held on or before the second Monday in July, upon his or 
her paying the clerk twenty five cents for recording the same. 
The board of commissioners shall ascertain the valuation of his 
or her property by the examination of witnesses, or otherwise, 
and insert it in the abstract and without satisfactory excuse they 
may add to the tax of the person so allowed to give in five per 
eentum on the regular amount of his or her tax for that year. 
• Sec. 25. If any person shall complain before the board of com- Persons claiming 
missioners that his or her property either real or personal has been tion shall present 
improperly valued, or that he or she is charged with an excessive claims in writing. 
tax, he or she shall present his or her cl aim in writin g, and th ey shall 
hear any evidence adduced by hiin or her, and shall summon and 
examine any witnesses necessary for a just decision of the question, 
including the assessors or list-takers who made the valuation. If 
the board of commissioners shall find that he or she has cause for 
complaint they shall direct the clerk to render a true account 
thereof, and the account thus rendered, certified by the clerk, 
shall be transmitted to the auditor who shall credit the sheriff 
with the overcharge in his settlement for the year. 

Sec. 26. If the application for relief be made to the board of When sheriff has 
commissioners after the sheriff shall have settled the accounts treasurer, auditor 
with the state and county, the commissioners shall carefully ex- ™*^ in S favor' r ~ 

amine the case, and if in their opinion the applicant is entitled of person over- 
charged, 
to relief shall direct the clerk to record on the record book the 

cause of the 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 



74 



1899— Chapter 15. 



When clerk or 
sheriff overpays 
in settlement, 
auditor may issue 
warrant in his 
favor. 



Chairman of 
commissioners 
shall examine 
tax list. 



Persons liable to 
poll or property 
tax and failing to 
return same 
guilty of a misde- 
meanor. 



Chairman shall 
note changes 
made. 



When commis- 
sioners omit to 
enter any taxa- 
ble subject they 
may at next year 
enter tax for pre- 
ceding year or 
years. 



the seal of the commissioners and deliver it to the applicant who 
shall pay the clerk a fee of twenty-five cents. Such copy shall 
be transmitted to the auditor of the state who on finding the 
proceedings in conformity with the requirements of the order 
shall issue a warrant on the treasurer of the state for the amount 
of state tax specified. The treasurer shall on presentation of 
such warrant pay to the holder of the same the amount to be 
refunded. 

Sec. 27. If a sheriff or tax collector shall, in consequence of an 
error in the abstract of taxes sent to the auditor, or otherwise, 
be charged with more than the true amount with which he 
should be chargeable and pay the amount so charged in excess 
to the treasurer of the state, the auditor shall upon the certificate 
of the board of county commissioners, setting forth the nature of 
such error, give his warrant upon the treasurer of the state for 
the amount so paid in excess and the treasurer shall pay the 
same. 

Sec. 28. The chairman of the county board of commissioners 
shall examine the tax list from each township for the previous 
year and insert in said list the description and valuation of all 
property not given in, with the names of the persons supposed 
to be liable for a poll tax who failed to give themselves in, and 
shall charge all such persons with double the tax with which 
they would otherwise be chargeable unless satisfactory excuse 
therefor be rendered to the board of county commissioners on or 
before the first Monday in October; and all persons who are lia- 
ble for poll tax and shall willfully fail to give themselves in, and 
all persons who own property and willfully fail to list it within 
the time allowed, before the list taker or the board of commis- 
sioners, shall be guilty of a misdemeanor and on conviction 
thereof shall be fined not more than fifty dollars or imprisoned 
not more than thirty days. The list-taker shall report to the 
chairman of the board of county commissioners any change he 
may make to the tax list as to real estate as provided in this sec- 
tion and the chairman shall note such changes in a book to be 
kept for that purpose. 

Sec. 29. In all cases where the board of commissioners shall 
have omitted, or in any future year shall omit, to enter upon the 
duplicate of their county any land or town lots situated within 
their county subject to taxation, it shall be their duty when they 
enter the same on the duplicate of the next succeeding year to 
add to the taxes of the current year the simple taxes of each and 
every preceding year in which such lands or town lots shall so 
have escaped taxation, with twenty-five centum in addition 
thereto, as far back as the said lands have escaped taxation. 
And the railroad commission shall have like powers to list unlisted 



1899— Chapter 15 75 

railroad property. When noTassessnient has been made for the Railroad commis- 
years in which said property has so escaped taxation, the board to'iist^nnsted 6 
of commissioners shall be authorized to value and assess the same rallroad property, 
fcr those years: Provided, this shall not apply beyond five years. 
In all cases where any personal property, chose in action, or any 
property, except land, liable to taxation shall have been omitted, Proviso, 
or shall be omitted in any future year from the tax lists by the ornTttedJhoT 31 * 7 
owner or person required by law to list the same, the board of ta xed. 
commissioners shall enter the same on the duplicate of the next 
succeeding year, and shall add to the taxes of the current year 
the simple taxes of each and preceding year, not exceeding five 
years, in which such personal property as aforesaid shall so have 
escaped taxation, as far back as the said personal property shall 
have escaped taxation, not exceeding five years, and the said 
board of commissioners shall value and assess the personal prop- 
erty aforesaid for those years, and are empowered to examine 
witnesses and to call for papers to determine the value, and to 
ascertain the persons liable for the tax upon said personal property : 
Provided, that the provisions of this section shall extend and ap- 
ply to all cities, towns and the like municipal corporations hav- 
ing the power under their charters to tax the property aforesaid, 
and the powers and duties herein imposed upon the board of 
commissioners of the county shall be exercised and performed by 
the board of commissioners or board of aldermen, as the case may 
be, of the city, town or other like municipal corporation. 

Sec. 30. The board of county commissioners shall cause the reg- Register shall 
ister of deeds to make out two copies of tax list for each copy^o each liCate 
township, as revised and settled by him according to a form to be township, 
furnished to them by the auditor of the state. Such form shall 
show in different columns the sum due by each taxpayer to the 
state and to the county, and also in separate columns the total 
amount of school poll tax levied by the general assembly and school tax. 
county authorities due by each taxpayer, and the total amount 
of property school tax levied by the general assembly and the 
county authorities due by each taxpayer. One of said copies 
shall remain in the office of the clerk of the commissioners, the 
other shall be delivered to the sheriff or tax collector on or before clerk of board 
the first Monday in September in each year, and he shall receipt sna11 endorse 
for the same. The clerk shall endorse on the copies given the 
sheriff an order to collect the taxes therein mentioned, and such 
order shall have the force and effect of a judgment and execu- 
tion against the real and personal 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 a bond. Said order shall be in the following or 
some similar form : 



76 1899— Chapter 15. 

State of North Carolina, 

county. 

Office Board of Commissioners, county, to the sheriff of 

county: 

Clerk sbail note You are hereby commanded to collect the taxes herein men- 
appeals, tioned according to the provisions and requirements of the exist- 
to sheriff, ing law. 

In witness whereof, I hereunto set my hand and seal day 

of 18 . 



Clerk Board of Commissioners. 

Compensation of The commissioners shall make an order for the payment to the 
register of deeds, register of deeds of such a sum as may be deemed a proper com- 
pensation for the work of computing the taxes and making out 
the tax list and the necessary copies thereof. But the sum al- 
Shaii not exceed lowed for all such service shall not exceed six (6) cents for each 
six cents. name appearing on the tax list. 

Person acting as Sec. 31. When property is assessed to any person as agent for 
Hereupon' proper- ano ^ ner ' or * n a representative capacity, such person shall have 
ty to indemnify a lien upon such property, or any property of his principal in 
him against pay- . .., . . ■ ■, .- , . . ./ 

ment thereof. his possession, until he is indemnified against the payment 

thereof, or if he has paid the tax, until he is reimbursed for such 
payment. 
Clerk shall return Sec. 32. The clerk of the commissioners, on or before the first 
tor w^th ^rta^ 1 " M° naa v in November after the lists are completed by the com- 
informatioa. missioners and deposited with him, shall return to the auditor an 

abstract of the same, showing the number of acres of land and their 
^alue and the value of town lots and the number of white, Indian 
and negro polls separately, and specify every other subject of taxa- 
tion, and the amount of state and county tax paid on each subject, 
and the amount paid on the whole. At the same time the clerk 
shall return to the auditor an abstract of the list of the poor, 
county and school taxes paid in his county, setting forth sepa- 
rately the tax levied on each poll and on each one hundred dol- 
lars value of real property for each purpose, and also the gross 
amount of taxes of every kind levied for county purposes. 
When clerk shall Sec. 33. If any clerk shall make a default of any of the duties 

make a default in prescribed in the preceding section, or shall fail to deliver to the 
his duties 

auditor a copy of the sheriff's return of taxes received under 

schedules B and C of an act to raise revenue, and a copy of the 
settlement of state tax account between the board of county com- 
missioners and the sheriff or tax collector, made, sworn to and 
Penalty. subscribed, he shall forfeit and pay to the state one thousand dol- 

lars, to be recovered against him and the sureties of his bond in 
the superior court of Wake county, before the clerk thereof, on 



1809— Chapter 15. 77 

motion of the state solicitor, and it shall be the duty of the au 
ditor to inform the solicitor of such default, and at the same time 
furnish him with a' certified copy of the official bond of said clerk. 
The clerk of the superior court shall transmit to the auditor on 
or before the second Monday in October in each year a certified Clerk of the court 
copy of the official bond of the register of deeds and his sureties, 8U bmit to auditor 
under the same penalties for default as are prescribed in section bondo^regfste^ 
one hundred and eight of this act. The register of deeds shall of deeds, 
transmit to the auditor annually a copy of the bond of the clerk 
of the superior court. 

Sec. 34. In case within the interval between the regular periods DuriDg intervals 
of the valuation of lands or real property any piece of land or mentTwben eSS 
real property shall become divided in ownership, either by parti- §ed P co'mmis8iori- 
tion or sale of a portion thereof or otherwise, either of the part ers may make 

r. ±- .li xi j. apportionment, 

owners may at any time, upon five days notice to the other part 

owner, apply to the commissioners for an apportionment of valua- 
tion, which shall be allowed as may be just, and all persons hav- 
ing tax lists are required to amend the same according to the as- 
sessment of said board on the production of a certified copy 
thereof : Provided, that no amendment made after a tax on the Proviso, 
land has become due shall shall operate to affect that tax. 

Sec. 35. All taxes shall be due on the first Monday in Septem- ah taxes due oh 
ber in each year. When paid the sheriff or tax collector shall m September. ay 
note on the tax list against the name of the part j the date of pay- 
ment and the amount paid. He shall also give receipt to the 
parties, stating the amount of the state and county tax sepa- Sheriff shall give 
rately and the date of payment ; and for the failure to give such rece p ' 
receipt, stating the state and county tax separately, he shall be Failure to give 
guilty of a misdemeanor, and on conviction be fined at the dis- misdemeanor, 
cretion of the court : Provided, the sheriff or tax collector shall proviso, 
not collect the taxes for any years until he shall have settled in sheriff shall not 
full with the state and county for the taxes of the previous year an^yyear untifhe 

(if he was the sheriff or tax collector), and given the bond re- has settled for 
v a previous year. 

quired by law; and if. upon examination, the commissioners are 

not satisfied with the solvency of the surety to said bonds 
they may require new bonds to be given. Before receiv- 
ing the tax list he shall produce the receipts of the state 
and county (if he was the sheriff or tax collector for the 
previous year) to the clerk of the board of commissioners, and 
in the event the sheriff fails to produce the aforesaid re- 
ceipts or give the required bond, the board of commissioners Commissioners 
shall appoint a tax cofleclor who shall give bond as required of coHectoMfshenff 
the sheriff to faithfully collect and pay over the taxes according: fails . to f lve . 

J r & required bond. 

to law. When the sheriff shall collect by his deputies they shall, 
before the clerk of the board of commissioners or before a jus 
tice of the peace of the county, take and subscribe an oath faith- 
full v and honest! v to account for the same with a sheriff or other 



78 



1899— Chapter 15. 



Deputies shall 
take oath. 



Sheriff shall 
attend at his 
office during 
September and 
November. 



Proviso. 



Collecting officer 
may levy and 
sell after Novem- 
ber 1st 



Proviso. 



Sheriffs shall not 
levy or sell under 
execution in cer- 
tain counties 
until after March 
15th. 



No costs shall 

accrue except in 

cases of actual 

levy. 

Taxes due and 

unpaid, how 

collected. 



person authorized to receive the same. Said oath shall be filed 
with the clerk and kept in the office of the board of commission- 
ers; and for failure of any deputy sheriff to pay over such taxes 
as he may collect he shall be guilty of a misdemeanor. 

Sec. 36. The sheriff or his deputy or tax collector shall attend 
at the court-house or his office in the county town during the 
months of September and November for the purpose of receiving 
taxes. He shall also in like manner attend at least one day dur- 
ing the month of October at some one or more places in each 
township, of which fifteen days notice shall be given by adver 
tisement at three or mere public places and in a newspaper, if 
one be published in the county : Provided, that nothing in this 
section shall be construed to prevent the collecting officer from 
levying and selling after the first day of November, but he shall 
not sell before that day. The sheriff or tax collector shall be en- 
titled to fifty cents for each actual levy or sale, and fifteen cents 
for each advertisement, but in no case shall said sums be col- 
lected where no levy or sale or advertisement is made on real or 
personal property : Provided, that the sheriffs of the counties men- 
tioned in chapter one hundred and fifty of the laws of one thou- 
sand eight hundred and eighty three, as amended by subsequent 
acts, shall not levy on property or sell the same under execution 
until after the fifteenth day of March. The sheriffs of said coun- 
ties or their regular authorized deputies shall attend one day dur- 
ing the month of March, before the fifteenth day of said month, 
at one [or] more places in each township for the purpose of collect- 
ing the taxes which still remain unpaid, of which ten days notice 
shall be given by advertisement at three or more public places 
and in a newspaper, if one be published in the county. No costs 
shall accrue or fees be collected by the sheriffs of said counties 
except in cases of actual levy or advertisement and sale of prop- 
erty, as prescribed in this proviso. 

Sec. 37. Whenever the taxes shall be due and unpaid, the 
sheriff shall immediately proceed to collect them, as follows: (1) 
If the party charged have personal property of a value equal to 
the tax charged against him the sheriff shall seize and sell the 
same as he is required to sell other property under execution ; (2) 
and no tax due from insolvents shall be credited to the sheriff in 
the settlements with the auditor except such as shall be allowed 
by the board of commissioners, a list whereof, containing the 
names and 'amounts and subscribed by the sheriff, shall be re- 
turned by the sheriff to the board of commissioners, and the 
same shall be allowed only on his making oath that he has been 
at the dwelling-house or usual abode of each of the taxpayers, 
and eonld not there or elsewhere in the county find property 
wherewith to discharge his taxes or such part thereof as is un- 



1899— Chapter 15. 79 

paid, and that the persons contained in the list were insolvent at 
and during the time when by law he ought to have endeavored 
to collect the taxes. Such list shall be recorded in the commis- 
sioners' docket, and a copy thereof shall be returned to the au- 
ditor of the state on or before the day of the settlement of the 
sheriff with the treasurer. 

Sec. 38. Whenever any sheriff or tax collector shall be credited sheriff shall 
on settlement with any tax or taxes by him returned as insolv- f " S o\vent S taxes. 
ent, dead or removed, he shall forthwith make publication at the 
court-house door of a complete list of the names of such insolv- 
ent, dead or removed delinquents, with the amount of the tax 
due from each, and the sum total so credited, and at at least one 
public place in each township a list of stich delinquents of said 
to wnship. Su ch complete list, by the order of the board of commis- 
sioners, may also be published in any newspaper printed in the 
county, in which case the expense of the advertisement for such 
time as may be directed, shall be paid by the county . Any sheriff 
or tax collector failing to comply with the provisions of this sec- Failure to com- 
tion shall be guilty of a misdemeanor and upon conviction shall visions ofthis 
be fined not less than ten nor more than one hundred dollars. sectl n ) 1 r a misde * 

Listing Property op Corporations. 

Sec. 39. Bridge, express, ferry, gas, manufacturing, mining, 

savings bank, stage, steamboat, street railroad transportation 

and all other companies and associations incorporated under the „ 

. . , „ . ,,.,. Corporations 

laws of this state, except insurance companies, shall, in addition shall make out 

to the other property required by this act to be listed, make out 1S ° s oc ■ 

and deliver to the assessor a sworn statement of the amount of its 

capital stock, setting forth particularly: (1) the name of the loca- 

. . . -l . /. -j ■, > Information to 

tion of company or association ; (2) the amount of capital stock be set forth. 

authorized, and the number of shares into which such capital 
stock is divided ; (3) the amount of capital stock paid up ; (4) the 
market value, or if no market value, then the actual value of the 
shares of stock; (5) the assessed valuation of all its real and per- 
sonal property (which real and personal property is listed and as- 
sessed under this chapter). The aggregate of the fifth item shall 
be deducted from the aggregate value of its shares of stock as 
provided by the fourth item, and the remainder, if any, shall be 
listed by list -taker in the name of such company or corpora- 
tion as capital stock thereof. In all cases of failure or refusal of 
any person, officer, company or association to make such return 
or statement, it shall be the duty of the list-taker to make such 
return or statement from the best information which he can ob- 
tain. 



80 



1899 -Chapter 15. 



Stockholders in 
banks assessed on 
actual value of 
stock. 



Purpose of tax 
on such shares. 



Sec. 40. The stockholders in every bank located within this 
state, whether such bank has been organized under the laws of 
this state or the United States, shall be assessed on the actual 
value of the shares of stock therein in the county, town, precinct, 
village or city where such bank or banking association is located 
for the purpose of taxation for the state. Such share shall be listed 
in the name of corporation by the cashier or other principal offi- 
cer of any bank and the tax due the state on the value of said 
shares shall be paid directly to the state treasurer, as provided in 
section four of an act to raise revenue, except that portion of 
shares of stock in national, state and private banks held by non- 
residents shall not be deducted. The assessment herein provided 
shall be with regard to the value of the stock on the first day of 
June annually, subject to the restrictions that taxation of such 
shares shall not be at a greater rate than is assessed upon any 
other moneyed capital in the hands of individual citizens of this 
state in the county, town, precinct, village or city where such 
banks are located. The owners of shares in any bank shall list 
the value of their respective shares in the county, town, pre- 
cinct, village or city where they reside for the purpose of county, 
school and municipal taxation. 



Private Banks and Bankers. 



Tax list by banks, 
brokers and 
stockjobbers. 



Amount of 
property. 
Amount of funds 
in other bands, 
etc. 

Amount of 
checks, etc. 
Amount of bills 
discounted, etc. 



Bonds and 

stocks. 



All other prop- 
erty. 



Deposits. 



Accounts pay- 
able. 

Amount of 
securities, etc., 
exempt from 
taxation. 



Sec. 41. Every bank, (not incorporated), banker, broker, or 
stock jobber shall, at the time fixed by this chapter for listing 
personal property, make out and furnish the assessor a sworn 
statement, showing: (1) the amount of property on hand and in 
transit; (2) the amount of funds in the hands of other banks, 
bankers or brokers and subject to draft; (3) the amount of checks 
or other cash items, the amount thereof not being included in 
either of the preceding items; (4) the amount of bills receivable, 
discounted or purchased, and other credits due or to become due, 
including accounts receivable and interest accrued but not due, 
and interest due and unpaid; (5) the amount of bonds and stocks 
of every kind, state and county warrants and other municipal 
securities and shares of capital stock or joint stock of other com- 
panies or corporations held as an investment or any way repre- 
senting assets ; (6) all other property appertaining to said busi- 
ness other than real estate, which real estate shall be listed and 
assessed as other real estate is listed and assessed under this 
act; (7) the amount of deposits made with them by other 
parties; (8) the amount of all accounts payable other than 
current deposit accounts; (9) the amount of bonds and other 
securities exempt by law from taxation, specifying the amount 
and kind of each, the same being included in preceding fifth 
item. The aggregate amount of the first, second and third 






1899 -Chapter 15. 81 

items in said statement shair.be listed as moneys. The amount How listed, 
of sixth itetn shall be listed the same as other similar personal 
property is listed under this chapter. The aggregate amount of 
the seventh and eighth items shall be deducted from the aggre- 
gate amount of the fourth item of said statement, and the amount 
of the remainder, if any, shall be listed as credit. The aggregate 
amount of the ninth item shall be deducted from the aggregate 
amount of the fifth item of such statement, and the remainder 
shall be listed as bonds or stocks. 

Railroads. 

Sec. 42. The commissioners elected from time to time under Railroad com- 
the authority of '"An act to provide for the general supervision l^tnt^dlj 8 C< d 1 ' 
of railroads, steamboat or canal companies, express and telegraph of appraisers and 
companies doing business in the state of North Carolina," shall road property, 
constitut e a board of appraisers and assessors for railroad, tele- etc " 
graph, canal and steamboat companies. 

Sec. 43. The president, secretary, superintendent or other prin- some agent of 
cipal accounting officer within this state of every telegraph and return ?osaid Uld 

raihoad company, whether incorporated by any law of this state commissioners 

. , ,, ., . „ on oath state- 

or not. shall return to the said commissioners for assessment and ment of property- 
taxation, verified by the oath or affirmation of the officer making e ' 
the return, all the following- described property belonging to such 
corporation, on the first day of June of each year, within this 
state, viz: the 'number of miles of such telegraph and rail- 
road lines in each county in this state, and the total number of 
mi es in the state, including the road-bed, right-of-way and 
superstructures thereon, main and side-tracks, depot buildings 
and depot grounds, section and tool houses, rolling stock, and per- 
sonal property necessary for the construction, repairs or success- property return- 

ful operation of such telegraph and railroad line, including also able to railroad 
. ° ° commissioners. 

Pullman or sleeping cars owned by them or operated over their 

lines : Provided, hotvever, that all machine and repair shops, gen- 
eral office buildings, store houses, and also all real and personal 
property outside of said right-of-way and depot grounds as afore- 
said, of and belonging to any such railroad and telegraph com- 
panies, shall be listed for purposes of taxation by the principal 
officers or agents of such companies with the list takers of the 
county where said real or personal property may be situated, in 
the manner provided by law for the listing and valuation of real 
and personal property. It shall be the duty of the list-takers, if 
required so to do by the said commissioners, to certify and send 
to the commissioners on or before the third Monday in June in 
each year, a statement giving the description of the property 
mentioned in the foregoing proviso, and showing the assessed 
6 



82 



1899— Chapter 15. 



List-taker shall 
send to auditor 
of state like cer 
tiflcate. 



Movable prop- 
erty denomi- 
nated rolling 
stock. 

Statement cover- 
ing rolling stock 
in detail shall be 
returned annu- 
ally. 



Capital stock 
authorized. 



Capital stock 
paid up. 
Market value. 

Length of line 
operated. 
Total assessed 
values 

All other infor- 
mation required. 



Commissioners 
shall consider 
earnings as com- 
pared with op 
erating expenses. 



How apportioned 
in counties. 



valuation thereof; the list taker shall also, on or before the same 
day, send to the auditor of the state a like certificate of the as- 
sessed valuation and character of said property. The list takers 
and assessors shall also certify to the commissioners the local rate 
of taxation for county purposes as soon as the same shall be de- 
termined, and such other information obtained in the course of 
the performance of the duties of their office as the said commis 
sioners shall require of them, and the mayor of each city or town 
shall cause to be sent to the said commissioners the local rate of 
taxation for municipal purposes. 

Sec. 44. The movable property belonging to a railroad company 
shall be denominated for the purpose of taxation, "rolling stock. " 
Every person, company or corporation, owning, constructing or 
operating a railroad in this state, shall in the month of June, an- 
nually return a list or schedule to the commissioners, which shall 
contain a correct detailed inventory of all the rolling stock belong 
ing to such company, and which shall distinctly set forth the 
number of locomotives of all classes, passenger cars of all classes, 
sleeping and dinng cars, express cars, horse cars, cattle cars, 
coal cars, platform cars, wrecking cars, pay cars, hand cars, 
and all other kind of cars and the value thereof, and a state- 
ment or schedule as follows: (1) The amount of capital stock 
authorized and the number of shares into which such capital is 
divided; (2) the amount of capital stock paid up; (3) the market 
value, or if no market value, then the actual value of the shares 
of stock ; (4) the length of line operated in each county, and total 
in the state; (5) the total assessed value of all the tangible prop- 
erty in this state; (6) and all the information heretofore required 
to be annually reported by section nineteen hundred and fifty- 
nine of The Code. Such schedule shall be made in conformity to 
such instructions and forms as may be prescribed by the com- 
missioners and with reference to amounts and values, on the first 
day of June of the year for which the return is made. 

Sec. 45. The said commissioners shall first determine the value 
of each railroad, rolling stock and all other property, ascertain- 
ing such value from the earnings as compared with the operating 
expenses, and taking into consideration the value of the franchise 
as well as other conditions proper to be considered in arriving at 
the true value of the property, as in the case of private property, 
and the aggregate value thus determined shall be apportioned 
in the same proportion that the length of such road in each 
county bears to the entire length thereof; and the commissioners 
shall certify to the chairman of county commissioners and the 
mayor of each city or incorporated town the amount apportioned 
to his county, city or town, and the commissioners shall make 
and forward a like certificate, together with all the reports of the 
rarious railroad officers or copies thereof, and other papers and 



1899— Chapter 15. 83 

evidence which formed the basis of the valuation, to the auditor Taxes due state 
of the state. All taxes due the state from any railroad company, abiedirect to y " 
except the tax imposed for school purposes, shall be paid by the treasurer - 
treasurer of each company directly to the state treasurer within 
thirty days after the first day of July of each year, and upon fail- 
ure to pay the state treasurer as aforesaid, he shall institute an F a ji ure to pay 

action to enforce the same in the county of Wake or any county treasurer snail 

■ , * enforce payment, 

in which such railroad is located. The board of county commis- 
sioners of each county through which said railroad passes shall 
assess against the same only the tax imposed by the state for 
school purposes and those imposed for county purposes. Commissioners 

Sec. 46. When any railroad has part of its road in this state proportional 61 

and part thereof in any other state, the commissioners shall as- value and length 

^ of road in this 

certain the value of railroad track, rolling stock and shares of state. 

capital stock of such company, and divide it in the proportion 
the length of such road in this state bears to the whole length of 
such road, and determine the value of such railroad track, roll- 
ing stock and shares of capital stock in this state accordingly. Railroad ciaim- 

Sec. 47. Any railroad company claiming exemption from taxa- ing exem P tl0n on 

account oi con- 

tion under i his act by reason of any contract with the state, shall, tract with state, 
together with and in addition to the return required by the last 
section, make a further return, specifying the act or acts of the 
general assembly by which such contract is claimed to have been 
created, and also specifying what portion of the property of said 
railroad company is claimed to be exempted from taxation under 
this act, and the particulars as to character, location and value 
of property, if any, admitted to be liable under this act. Such 
returns shall be in no manner conclusive as to any of the facts 
therein stated, but said commissioners shall investigate and de- 
termine whether any, and if any, what portion of the property 
of such company is beyond the power of the state to tax under Residue of prop- 
this act. The residue of said property, after deduction of that fs^uoweTsu" 01 * 
which is exempt, shall be taxed pursuant to the provisions of J ec * t0 .taxation 
this act. After the first Monday in July the commissioners shall vided. 
give a hearing to all companies interested touching the valua- Commissioners 
tion and assessment of their property. The commissioners may, argumen^s'to^ue 
if they see fit, require all arguments and communications to be ^ting 6 * 1 in 
presented in writing. Lessor Uable for 

Sec. 48. If the property of any railroad company be leased or { ax when road is 
operated by any other corporation, foreign or domestic, the prop- 
erty of lessor or company whose property is operated shall be 
subject to taxation in the manner hereinbefore directed. And if 
the lessee or operating company, being a foreign corporation, be 
the owner or possessor of any property in this state other than 
that which it derives from the lessor or company whose property 
is operated, it shall be assessed in respect of such property in like 
■sanner^as'any'domestic'railroad company. 



84 



1899— Chapter 15. 



Commissioners 
empowered to 
summon and 
examine wit- 
nesses, books, 
etc. 



Persons refusing 
to answer sum- 
mons, produce 
books, etc., guilty 
of a misde- 
meanor. 



Penalty. 



Guilty of con- 
tempt. 



Value of shares 
of stock of canal 
and steamboat 
companies, etc. 



Sec. 49. The commissioners shall have power to summon and 
examine witnesses and require that books and papers shall be 
presented to them for the purpose of obtaining such information 
as may be necessary to aid in determining the valuation of any 
railroad property. Any president, secretary, receiver or account- 
ing officer, servant or agent of any railroad or steamboat company 
having any portion of its property or roadway in this state who 
shall refuse to attend before the commissioners when required to 
do so. or refuse to submit to the inspection of said commissioners 
any books or papers of such railroad company in his possession, 
custody or control, or shall refuse to answer such questions as 
may be put to him by said commissioners or order, touching the 
business or property, moneys and credits and the value thereof 
of said railroad company, shall be guilty of a misdemeanor, and 
on conviction thereof before any court of competent jurisdiction, 
shall be confined in the jail of the county not exceeding thirty 
days and be fined in any sum not exceeding five hundred dollars 
and costs; and any president, secretary, receiver, accounting offi- 
cer, servant or agent aforesaid, so refusing as aforesaid, shall be 
deemed guilty of contempt of such commissioners and may be 
confined by order of said commissioners in the jail of the proper 
county until he shall comply with such order and pay the cost 
of his imprisonment. 

Sec. 50. The value of the shares of capital stock of any canal 
company, the property of all canal and steamboat companies in 
this state, shall be assessed for taxation as above provided for 
said roads. In case any officer fails to return the property as 
provided in this section, the commissioners shall ascertain the 
length of such property in this state and shall assess the same in 
proportion to length at the highest rate at which property of that 
kind is assessed by them. 



Sale of Real Estate for Taxes. 



Before real estate 
is sold for taxes 
notice shall be 
served on de- 
linquent. 



Proviso. 



Sec. 51 . Before any real estate shall be sold for taxes, the sheriff 
or tax collector shall serve a written or printed, or partly written 
and partly printed, notice of such sale on the delinquent tax- 
payer or his agent at least thirty days before such sale, if the de- 
linquent resides inthestate. If the delinquent taxpayer resides out 
of the state, the sheriff or tax collector shall give him notice through 
the mail of such sale, as well as by publication thereof once a week 
for four successive weeks preceding the sale in a newspaper 
[published] in his county having a general circulation therein, 
which newspaper shall be designated by the board of county com- 
missioners: Provided, the same be given to the lowest bidder. 
And if there be no newspaper published in his county, he shall 



1899 -Chapter 15. 85 

give notice of such sale by written or printed notice posted on Written or 
the door of the co art -house or building in which the courts are ondoor of build- 

conmionly held, for four consecutive weeks previous to the sale, in % sufficient 

•> r when no news- 

and he may adjourn the sale from day to day until all the prop- paper is pub 

erty advertised has been offered. The notice shall contain a no- 
tification that all the lands on which the taxes of the preceding- 
year (naming it) remain unpaid will be sold and the time and 
place of sale, and said notice must contain a list of the lands to be 
sold and the amount of taxes due thereon. The sheriff shall add 
to each description of land and town lots so advertised the sum 
of twenty cents to defray the expenses of advertising, which sum 
shall be added to the amount due on said land or town lots for 
taxes due. collected in the same manner as the taxes. No land Noiand shall be 
shall be sold for taxes unless the taxpayer has not sufficient per un^fg taxpayer 

sonal property to pay the same situated in the countv where the has not sufficient 
r L ^ r J ^ personal property 

tax is due. . to pay the same. 

Sec. 52. The person purchasing any parcel or portion thereof Persons failing to 
shall forthwith pay to the sheriff the amount of taxes and costs property, prop- 
charged thereon, and on failure to do so the said parcel shall at erty shall be 
once again be offered as if no such sale had been made. 

Sec. 53. The sheriff shall keep a sale book showing the land Sheriff shall keep 

ii S&1.6 book 

sold, the name of the purchasers, and the sum for which each 
tract was sold, and on or before the first Monday of |May follow- 
ing the sale of real property he shall file in the office of the clerk 
of the board of county commissioners a return thereof as the 
same shall appear on said sale book, and such certificate shall be 
an evidence of the regularity of the proceedings. 

Sec. 54. If any sheriff shall fail to attend any sale of lands as sheriff failing to 
required by this act, either in person or by competent deputy, he *{fn? d if ? d s ^ l S 
shall be guilty of a misdemeanor and liable to a penalty of three meanor. 
hundred dollars, to be recovered by an action in the superior 
court against the sheriff and his bondsmen. And if such officer 
or deputy shall sell or assist in selling any real property, know- 
ing the same not to be subject to taxation, or that the taxes fo sale of land not 
which the same is sold have been paid, or shall knowingly and liaDle - 
willingly sell or assist in selling any real property for payment of 
taxes to defraud the owner of such real property, or shall know- 
ingly or willingly execute a deed for property so sold, he shall be 
liable to a fine of not less than one thousand nor more than three 
thousand dollars, or to imprisonment not exceeding one year, or p ena ity. 
to both fine and imprisonment, and to pay to injured party all 
damages sustained by any such wrongful act, and all such sales 
shall be void. 

Sec. 55. If any sheriff shall hereafter be. either directly or in- sheriff interested 
directly, concerned in the purchase of any real property sold for in land purchased 
the payment of taxes, he shall be liable to a penalty of not more liable to fine, 
than one thousand dollars, to be recovered in an action in the 



86 



1899— Chapter 15. 



Penalty. 



When personal 
property is 
charged for tax. 



Purchaser of land 
entitled to cer- 
tificate from 
sheriff. 



The purchaser 
shall have lien 
for all taxes, etc. 
paid by him. 

Treasurer shall 
give receipt. 



Persons purchas- 
ing more than 
one parcel of 
land. 



superior court brought in the name of the county against sueh 
sheriff and his bondsmen, and all such sales shall be void. 

Sec. 56. When it becomes necessary to charge the tax on per- 
sonal property against real property, the sheriff or collector shall 
select for that purpose some particular tracts'or lots of real prop- 
erty owned by the person owing such personal property tax, and 
in his advertisement for sale shall designate the particular tracts 
or lots of real property against which sum such personal property 
tax is charged. 

Sec. 57. The purchaser of any tract of land sold by the sheriff 
for taxes will be entitled to a certificate in writing describing the 
land so purchased, the sum paid and the time 'when the pur- 
chaser will be entitled to a deed, which certificates shall be signed 
by the sheriff in his official capacity, and shall be presumptive 
evidence of the regularity of all prior proceedings. The pur- 
chaser acquires a perpetual lien of the tax on the land, and if 
after the taxes become delinquent he subsequently pays any 
taxes levied on the same, whether levied for any year [or years 
previous or subsequent to such sale, he shall have the same lien 
for them and may add them to the amount paid by him in the 
purchase, and the treasurer of .the county shall make out a tax 
receipt and duplicate for the taxes on the real estate mentioned 
in such certificate, the same as in other cases, and shall write 
thereon "sold for taxes." If any person shall become the pur- 
chaser of more than one parcel of property, he may have the 
whole included in one certificate, but each parcel shall be sepa- 
rately described, and the amount paid may be entered in gross in 
said certificate. Said certificate shall be substantially in the fol- 
lowing form, to- wit: 

Certificate of Sale. 



Form of sheriff 's 
certificate of 
sale. 



State of North Carolina county. 

I, , sheriff of the county of , in the state of North 

Carolina, do hereby certify that the following-described real es- 
tate in said county and state, to- wit (describing the same), was, 

on the day of 18__, duly sold by me in the manner 

provided by law for the delinquent taxes for the year 18__, 
thereon, amounting to dollars, including interest and pen- 
alty thereon and the costs allowed by law to for the said sura 

of dollars, he being the highest and best bidder for the 

same. And I further certify that unless redemption is made of 

said estate in the manner provided by law, the said , heirs 

or assigns, will be entitled to a deed therefor on and after the 

day of , A. D. 18__, on surrender of this certificate. 

In witness whereof, I have hereunto set my hand, this day 

of , A. D. 

, Sheriff. 



1899— Chapter 15. 87 

^ Sec. 58. The sheriff is authorized to demand fifty cents for each Sheriff allowed 
deed or certificate made by him on such sale, but any number of certificate. 
parcels of land bought by any one person may be included in one 
deed, as may.be desired'^by the purchasers; and whenever the 
sheriff makes a deed to any land sold for taxes he shall enter an ac- 
count thereof in the sale book opposite the description of the land 
conveyed. 
Sec. 59. The owner or occupant of any land soid for taxes, or Owner of prop- 
t • 4. 4. ±u a li erty sold for 

any person having a hen or interest thereon, may redeem the taxes may re- 
same at anytime within one year after the day of such sale by in a^year 116 W1 
paying the sheriff for the use of such '."purchaser, his heirs or as- 
signs, the sum mentioned in his 'certificate, with interest thereon 
at the rate of twenty per centum per annum from the date of 
purchase, together : with all other taxes subsequently paid, 
whether for any year or years previous or subsequent to said sale, 
and interest thereon at the same rate from the date of such pay- 
ment, and the sheriff .shall enter a memorandum of the redemp- 
tion in the list of sales and give a receipt therefor to the person 
redeeming the same, for which he may charge a fee of twenty- 
five cents, and shall hold the redemption money paid, subject to 
the order of the purchaser, his agent or attorney : Provided, that proviso, 
infants, idiots, and insane persons may redeem any land belong- 
ing to them from such sale within one year (after the expiration when infants, 
of such disability on like terms as if the redemption had been persons oiay nSaiie 

made within one year) from the date of said sale and from the redeem such 

J ' land, 

date of each subsequent payment of taxes thereon at the rate of 

twenty per centum per annum on the several amounts so paid by 

the purchaser until redemption. Any redemption made shall 

inure to the benefit of the person having the legal or 'equitable Sales made shall 

c ° a inure to persons 

title to the property redeemed, subject to the right of the person having equitable 

making the same to be reimbursed by the person benefited. 

Sec. 60. If any purchaser of real estate sold for taxes under the Purchasers of 
provisions of this act shall suffer the same to be again sold for allowing same to 
taxes before the expiration of the last day of the annual sale shai^no^be*^" 
thereafter, such purchaser shall not be entitled to a deed for such entitled to deed. 
real property until the expiration of a like term from the date of 
such sale, during which time the land shall be subject to redemp- 
tion upon the terms and conditions prescribed in this chapter, 
but the person redeeming shall only be required to pay for the 
use of such first purchaser the amount paid by him, with interest 
at the rate of ten per centum per annum. The second purchaser Rights of seoond 
shall be entitled to the amount paid by him with interest, as Purchaser, 
provided in the preceding section, and unless paid by the first 
purchaser, he shall forfeit his rights to a deed for said land. 

Sec. 61. "Any person claiming an'undivided part of any land Pe ^^!w[ alll ? ins 

sold for taxes, may redeem r the same on paying such proportion est in land sold 

for taxes. 



88 1899— Chapter 15. 

of the purchase money, interest, principal and subsequent taxes 
as he shall claim of the land sold. 
In cases of partial Sec. 62. In every case of a partial redemption, pursuant to the 
last section, the quantity sold shall be reduced in ^proportion to 
amount paid on such partial redemption, and the sheriff shall 
convey accordingly. 
No deed shall be Sec. 63. Hereafter no purchaser or assignee of !-uch purchaser 
tain conditions of any land, town or city lot, at any sale of lands or lots for taxes 
arecompiied or S p ec i a i assessments due either to the state or any county or 

any incorporated, town or city within the same, or at any sale 
for taxes or levies authorized by the laws of this state, shall be 
entitled to a deed for the lands or lots so purchased until the fol- 
lowing conditions have been complied with, to wit: Such pur- 
Notice shall be chaser or assignee shall serve or cause to be served a written or 
in actual printed, or partly written and partly printed, notice of such pur- 

land! ?anCy ° chase on every person in actual possession or occupancy of such 

land or lot, and also the person in whose name the same was 
taxed or specially assessed, if upon diligent inquiry he can be 
found in the county, at least three months before the expiration 
of the time of redemption on such sale, in which notice he shall 
state when he purchased the land or lot, in whose name taxed, 
the description of the land or lot he has purchased, for what 
year taxed or specially assessed, and when the time of redemp- 
When no person tion will expire. If no person is in actual possession or occupancy 
possession of land of such land or lot, and the person in whose name the same was 
sold for taxes. taxed or specially assessed upon diligent inquiry can not be found 
in the county, then such person or his assignee shall publish such 
notice in some newspaper published in such county, and if no 
newspaper is published in the county, then in the nearest news- 
paper that is published in" this state or to the county seat of the 
county in which such land or lot is situated, which notice shall 
be inserted three times, the first not more than five months and 
the last time not less than three months before the time of re- 
demption shall expire. 
Such purchaser Sbc. 64. Every such purchaser or assignee, by himself or agent, 
dav\t?hat e hehas sha11 ' before he sha11 be entitled to a deed, make an affidavit of 
complied with his having complied with the conditions of the foregoing section, 
required condi- .,,,,, ,. -, , ,. , . , 

tions. stating particularly the facts relied on as such compliance, which 

affidavit shall [be] presented to the person authorized by law to 
execute such tax deed, to be by such officer delivered to the reg- 
ister of deeds and entered on the records of his office and care- 
fully preserved among the files of his office, and which record or 
affidavit shall be prima facie evidence that such notice had been 
given. Any person swearing falsely in such affidavit shall be 
deemed guilty of perjury and punished accordingly. The regis- 



1899— Chapter 15. 89 

ter shall be entitled to the same fee therefor as allowed by law Fee of register. 

for recording deeds. 

Sec. 65. In case anv person shall be compelled to publish such Fee for publica- 
... ,, , „ x_ i lion of sale. By 

notice in a newspaper, then, before any person who may have a whom paid. 

right to redeem such land or lots from such sale shall be permit- 
ted to redeem, he shall pay the officer or person who by law is 
authorized to receive such redemption money the amount paid 
for printer's fee for publishing such notice, for the use of the 
person compelled to publish such notice as aforesaid. The fee 
for such publication shall not exceed three dollars for such tract 
or lot contained in such notice. 

Sec. 66. At any time within one year after the expiration of After expiration 
one year from the date of sale of any real estate for taxes, if the said land is not 
same shall not have been redeemed, the sheriff, on request, and be^delfvered to* 111 
on production of the certificate of purchase, shall execute and de- purchaser, 
liver to the purchaser, his heirs or assigns, a deed of conveyance 
for the real estate described in such certificate; and in case of the 
loss of any certificate, on being fully satisfied thereof by due 
proof, the sheriff may execute and deliver the proper conveyance : 
Provided, when a sheriff or tax collector has made due sale of Proviso, 
land for taxes and dies before executing a deed thereto, or when 
a sheriff or tax collector dies, and in collecting taxes due on lists successor to 
that were in his hands for collection his executor or administra- prope^pers^^to 
tor or anyone acting for the sureties on his bond shall have execute deed, 
made sale for taxes as contemplated by law in all such cases, his 
successors or the sheriff then in office shall be the proper person 
to execute a deed or conveyance to the person entitled to the 
same. 

Sec. 67. The deed so made by the sheriff shall be recorded in Deed as made by 
the same manner as other conveyances of real estate, and shall recorded'ai 1 con- 
vest in the grantee, his heirs and assigns, the title of the property veyances of real 

6Sl£LL6. 

therein described without further acknowledgment or evidence 
of such conveyance, and said conveyance shall be substantially 
in the following form : 

State of North Carolina county. 

Whereas, at a sale of real estate for the non-payment of taxes, Form of deed 

made in the county aforesaid, on the day of , A. D. 18__, purchaser^ to 

the following-described real estate was sold, to-wit: (Here place 
description of real estate conveyed) ; and. 

Whereas, the same not having been redeemed from such sale, 
and it appearing that the holder of the certificate of purchase of 
said real estate has complied with the laws of North Carolina 
necessary to entitle (insert him, her or them) to a deed of said 

real estate: Now, therefore, know ye, that I. , sheriff of said 

county of , in consideration of the premises and by virtue 



90 



1899— Chapter 15. 



of the statutes of North Carolina in such cases provided, do hereby 

grant and convey unto his heirs and assigns forever, the 

said real estate hereinbefore described, subject, however, to any 
redemption provided by law. 

Given under my,hand and seal, this __ day of , Anno Dom- 
ini, 18__ , Sheriff. 



Such deeds pre- 
sumptive evi- 
dence of rights of 
purchaser. 



Real property 
conveyed subject 
to taxation. 
Taxes were not 
paid before sale. 
Property had not 
been redeemed. 

Had been listed 
and assessed. 
Taxes levied 
according to 
law. 

Property sold 
for taxes. 
Due notice 
served. 

Manner of sale 
as law directed. 



Grantee named 
in deed was pur- 
chaser. 

All prerequisites 
of law complied 
with. 



In controversies 
and suits in- 
volving title of 
property. 



Sec. 68. Deeds made by the sheriff as aforesaid shall be pre. 
sumptive evidence in all courts of this state in all controversies 
and suits in relation to the rights of the purchaser, his heirs or 
assigns, to the lands thereby conveyed of the following facts: 

(1) That the real property conveyed was subject to taxation for 
the year or years stated in the deed. 

(2) That the taxes were not paid at any time before the sale. 

(3) That the real property conveyed had not been redeemed 
from the sale at the date of the deed. 

(4) That the property had been listed and assessed. 

(5) That the taxes were levied according to law. 

(6) That the property was sold for taxes, as stated in the deed € 

(7) That notice had been served and due publication had be- 
fore the time of redemption had expired. And it shall be con. 
elusive evidence of the following facts : 

(8) That the manner in which the listing, assessment, levy and 
sale were conducted was in all respects as the law directed. 

(9) That the grantee named in the deed was the purchaser or 
his assignee. 

(10) That all the prerequisites of the law were complied with 
by all the officers who had or whose duty it was to have had any 
part or action in any transaction relating to or affecting the title 
conveyed or purporting to be conveyed by the deed, from the 
listing and valuation of the property up to the execution of the 
deed, both inclusive, and that all things whatsoever required by 
law to make a good and valid sale and to vest the title in the 
purchaser were done, except in regard to the points named in 
this section, wherein the deed shall be presumptive evidence only. 
And in all controversies and suits involving the title of real prop- 
erty claimed and held under and by virtue of a deed made sub- 
stantially as aforesaid by the sheriff, the person claiming title 
adverse to the title conveyed by such deed shall be required to 
prove, in order to defeat the said title, either that the said real 
property was not subject to taxation for the year or years named 
in the deed, that the taxes had been paid before the sale, that 
the property had been redeemed from the sale according to the 
provisions of this act and that such redemption was had or made 
for the use and benefit of persons having the right of redemption 
under the laws of this state, or that there had been an entire oniis- 



1899— Chapter 15. 91 

sion to list or assess the property, or to levy the taxes, or to sell 
the property; but no person shall be permitted to question the 
title acquired by a sheriff's deed without first showing that he or 
the person under whom he claims title had title to the property 
at the time of the sale, and that all taxes due upon the property 
have been paid by such person or the person^under\vhom he 
claims title as aforesaid: Provided, that in any case where a per- Proviso, 
son has paid his taxes, and through mistake in the entry made 
in the sheriff's books or in the receipts, the laud upon which the When person has 
taxes were paid was afterwards sold, the ^sheriff 's'deed shall not sa i e made 
convey the title ; Provided further, that in all cases where the ^SS£ mistake - 
owner of lands sold for taxes shall resist the validity of such tax 
title, such owner may prove fraud committed by the officer sell- 
ing the same, or in the purchaser, to defeat the same, and if fraud such sales shall 
is established such sale and title shall be void. fraud is estab- 

Sec. 69. When by mistake or wrongful act of the sheriff or p^chaser held 

other officer land has been sold on which no tax was due at the harmless when 

. ., ., land is sold by 

time, or whenever land is sold in consequence of error in describ- mistake. 

ing such land in the tax receipt, the county is to hold the pur- 
chaser harmless by paying the amount of principal and costs 
paid, with eight per centum interest thereon, and the sheriff or 
other officer and their bondsmen will be liable to the county to of whom pur- 
the amount of their official bond ; or the purchaser or his assignee rec a over may 
may recover directly of the sheriff or other officer in an action 
brought to recover the same in any court having jurisdiction of 
the amount, and judgment shall be against him and his [bonds- 
men, but the sheriff or other officer and their bondsmen shall be 
liable only for their own and deputies, acts, and any amount so 
paid by the county for state taxes shall, on proper certificate 
from the chairman of the board of county commissioners, be 
allowed by the auditor and paid by the state treasu^,. 

Sec. 70. Whenever it shall be made to appear to the satisfac- when land i« 
tion of the sheriff, either before the execution of a deed for real for toles S entry d 
property sold for taxes, or if the deed be returned by the pur- shall so be made, 
chaser, that any tract or lot was sold which was not subject to 
taxation or upon which the taxes had been paid previous to the 
sale, he shall make an entry opposite such tract or lot on the 
record of sale that the same was erroneously sold, and such entry 
shall be evidence of the fact therein stated; and in such cases 
purchase money shall be refunded to the purchaser as provided 
by this act. 

Sec. 71. No action for the recovery of real property sold for the Act i on f 0r ree0T . 
non- payment of taxes'shall lie unless the same be brought within ^L^aU^oufe 
three years after the sheriff's deed is made as above provided : unless brought 
Provided, that where the owner of such real property sold as yea rs. 
aforesaid at the time of such sale be a minor or insane or convict 



92 



1899 -Chapter 15. 



When owner is 
minor, insane, 
idiot, etc. 



Acts of assessors, 
etc., in suits 
questioning 
validity of deed 
valid. 



No sale invali- 
dated because 
charged in name 
of other than 
rightful owner. 



Books and 
records of regis- 
ter sufficient evi- 
dence of sale 



Irregularities in 
making assess- 
ment, etc., shall 
not invalidate 
sale. 



Certain defects to 
be held as mere 
irregularities. 



Failure of as- 
sessors to attach 
oath. 

Description of the 
value of figures. 



Failure of sheriff 
to adjourn 
sale from day to 
day. 



in the penitentiary, or under any other legal disability, three 
years after such disability shall be removed shall be allowed such 
person, his heirs or legal representatives, to bring action. 

Sec. 72. In all suits and controversies involving the question 
of title to real property held under and by virtue of a sheriff's 
deed, all acts of assessors, sheriff, clerks, supervisors, commission- 
ers and other officers de facto, shall be deemed and construed to 
be of the same validity as acts of officers de jure. 

Sec. 73. No sale of real property for taxes shall be considered 
void on account of the same having been charged in any other 
name than that of a rightful owner if the said property be in 
other respects sufficiently described. 

Sec. 74. The books and records belonging to the officers of the 
register or sheriff, or copies thereof properly certified, shall be 
deemed sufficient evidence to prove the sale of any real property 
for taxes, the redemption thereof or the payment cf the taxes 
thereon. 

Sec. 75. Irregularities in making assessments, and in making 
the returns thereof in the equalization of property as now pro- 
vided by law, shall not invalidate the sale of any real estate 
when sold by the sheriff for delinquent taxes due thereon, nor in 
any manner invalidate the tax levied on any property or charged 
against any person. 

Sec. 76. The following defects, omissions and circumstances 
occurring in the assessment of any property for taxation, or in 
the levy of taxes, or elsewhere in the course of the proceedings, 
the assessments, and to and including the execution and delivery 
of the deed of property sold for taxes, shall be taken and deemed to 
be mere irregularities with in the meaning of the preceding section : 
The failure of the assessors to take or subscribe an oath or attach 
one to any assessment roll ; the omission of a dollar mark or other 
designation descriptive of the value of figures used to denote an 
amount assessed, levied or charged against any property or the 
valuation of any property upon any record; the failure to make 
or serve any notice mentioned in this act ; the failure or neglec- 
of the sheriff to offer any real estate for sale for delinquent taxes 
thereon at the time mentioned in the advertisement or notice of 
such sale; and the failure of the sheriff to adjourn such sale from 
day to day, or any irregularity or informality in such adjourn- 
ment, and any irregularity or informality in the manner or order 
In which real estate may be offered for sale; the failure to assess 
any property for taxes or to levy any tax within the time provided 
by law; and any irregularity, informality or omission in any such 
assessment or levy and defect in the description upon any assess- 
ment book, tax colectors book or other record, or real or per- 
sonal property assessed for taxation, or upon which any taxes 



1899— Chapter 15. 93 

are levied, or which maybe sold for taxes, provided such descrip- 
tion "be sufficiently definite to enable the sheriff, tax collector or 
other cfficer, or any person interested, to determine what prop- 
erty is meant or intended by the description : and in such case a 
defective or indefinite description on the assessment or collector's Defective or 
book, or in any notice or advertisement, may be made definite ^definite 
by the sheriff in the deed by which he may convey such prop- 
erty, if sold for taxes by conveying a proper and definite descrip- 
tion of the property so defectively or indefinitely described; any 
other irregularity, informality or neglect or omission on the oth 
part of any or in any proceedings whether mentioned in this sec- ties and informal- 
tion or not ; the neglect or omission to tax or assess for taxation 
any other person or property ; the over taxation of persons or 

propertv liable to be taxed, including in an assessment a tax for ™ „ .,, 

~j, , Taxes for illegal 

an illegal purpose. purposes. 

Sec. 77. That when any corporation doing business in this state Corporations 
shall fail or neg'ect to pay any taxes assessed or charged against in? to^aVufxesf" 
it, when the same shall become delinquent, it shall be lawful for 
the sheriff to notify any agent or officer of said company in the 
county where such tax is delinquent that the same is delinquent sheriff shall no- 
and the amount due, and shall further notify such officer or agent overlfn^none'ys 7 
to pay over all moneys that may be in his hands or that may in hls hands, 
afterwards come into his hands, belonging to such corporation, 
not exceeding the amount of tax due to such sheriff; and if such Failure to pay 
agent or officer shall fail to pay over said monevs to the sheriff. °^L s ,£f™I noneys 
he shall be deemed guilty of a misdemeanor and upon convic- 
tion thereof shall be fined not less than fifty dollars nor more penalty 
than five hundred dollars. And if any corporation shall be de- 
linquent for taxes for six months after they become due, its char corporations 
ter shall be forfeited and a receiver appointed by the clerk of the f i eli J n qu t" 1 1'h 
superior court to wind up the affairs of such corporation, upon forfeit charters. 
suit brought by the attorney general if such corporation was 
chartered by the general assembly ; and if by letters of incorpo- 
ration issued from the clerk's office, upon an affidavit made by 
the sheriff that he can not collect the taxes due, the letters shal 
be revoked and publication made to that effect, the cost of which 
shall be paid by the county. 

Sec. 78. No injunction shall be granted by any court or judge no injunction 
in the state to restrain the collection of any tax or any part D h , a 'ourt gr t anted 

thereof hereafter levied, nor to restrain the sale of any propertv restrain the collec- 
„ ,, , „ , , , , , ,, *, tion of delinquent 

for the non-payment of any such tax, except such tax or the part taxes. 

thereof enjoined be levied or assessed for an illegal or unauthor- 
ized purpose or be illegal or invalid or the assessment be illegal 
or invalid, nor shall any person be permitted to recover by claim 
and delivery, or other process, any property taken or distrained 
by the sheriff or any tax collector for the non-payment of any tax, 



94 



1899— Chapter 15. 



Taxes levied and 
assessed for 
illegal and un- 
authorized pur- 
poses. 



Demand may be 
made 30 days 
after payment of 
such taxes on 
treasurer. 



On failure to 
return, counties, 
cities and towns 
so levying and 
assessing may 
be sued. 



When judgment 
shall be rendered 
with interest. 



Counties, cities, 
councils and 
towns shall not 
discharge any 
portion of such 
taxes as are here 
levied. 



Taxes so remitted 
may be recovered 
by oivil action. 



When causes 
arise rendering 
the collection of 
certain taxes 
impossible said 
taxes shall be 
stricken from 
books in two 
ye»r«. 



except such tax be levied or assessed for an illegal or unauthor- 
ized purpose, but in every case the person or persons claiming 
any tax or any part thereof to be for any reason invalid, or that 
the valuation of the property is excessive or unequal, who shall 
pay the same to tax collector or other proper authority, in all re- 
spects as though the same was legal and valid, such person may 
at any time within thirty days after such payment demand the 
same in writing from the treasurer of the state or of the county, 
city or town, for the benefit or under the authority or by the re- 
quest of which the same was levied; and if the same shall not be 
refunded within ninety days thereafter, may sue such county, 
city or town for the amount so demanded, including in his suif; 
against the county both state and county tax; and if upon the 
trial it shall be determined that such tax or any part thereof 
was levied or assessed for an illegal or unauthorized purpose, or 
was for any reason invalid or excessive, judgment shall be ren- 
dered therefor, with interest, and the same shall be collected as 
in other cases, and the amount of state taxes overpaid or declared 
invalid certified by the clerk and refunded by the state treasurer. 

Sec. 79. No county, city, council of town commissioners shall 
have power to release, discharge, remit or commute any portion 
of the taxes assessed and levied against any person or property 
within their respective jurisdictions for any reason whatever; 
and any taxes so discharged, released, remitted or commuted, 
may be recovered by ci vil action from the members of any such 
board at the suit of any citizen of the county, city or town, as the 
case may be, and when collected shall be paid in to the proper 
treasurer. Nothing in this section shall be construed to prevent 
the proper authorities from refunding taxes paid as provided in 
this act nor to interfere with the powers of any officers or boards 
sitting as a board of equalization of taxes. 

Sec. 80. Whenever it shall appear from the returns of the sher- 
iff that any person charged with the taxes on personalty has re- 
moved out of the county or has deceased and left no property 
out of which taxes can be made, or if from any other cause it be 
impossible to collect such taxes, it shall be the duty of the county 
commissioners to cause the same, after the expiration of two 
years, in which time the sheriff shall use the due diligence to col- 
lect the same, to be stricken from the tax list, and the clerk of 
the board of county commissioners shall certify the amount due 
the state so stricken off to the auditor, who shall credit the 
county therewith for taxes due the state, and upon his warrant 
the same shall be paid by the state treasurer. 

Sec. 81. No city or town collector of taxes shall either directly 
or indirectly contract for or purchase any warrant or order or 
orders issued by the county or municipal corporation of which 



1899— Chapter J 5 95 

he is collector, at any discount whatever upon the sum due on City or town coi- 

such warrant or order or orders; and if any sheriff or collector of shaiTnof tuxes 

taxes shall so contract for or purchase any such order or war- purchase war- 

rants, orders, etc., 
rant, he shall not be allowed in settlement the amount of said issued by county 

order or warrant or any part thereof, and shall also forfeit the of which he 1 is 7 
whole amount due on such order or warrant, to be recovered by ghaff not be 
civil action, at the suit of proper authority, for the use of the allowed in settle- 
school fund of the county or benefit of such municipal corpora- of such warrant. 
tion. 

Sec. 82. The owner of any certificate or certificates of tax sale Owner of acer- 
upon any tract of land or town lot shall be deemed to be the s^au^e^e^med 16 
assignee or owner of all the liens for taxes of the state or countv *? be owner of all 

liens for t&xes 

for which such tract cr lot was sold, and may, instead of demand- 
ing a deed therefor as provided in this act, proceed by action at 
any time before the expiration of two years from the date of such 
certificate to foreclose the same, and cause the tract or lot to be 
•old for the satisfaction thereof and of all prior and subsequent 
taxes paid thereon, in all respects, as far as practicable, in the 
same manner and with like effects as though the same were a 
mortgage executed to the owner of such certificate or certificates 
for the amount named therein, together with subsequent and 
prior taxes thereon by the person having or owning the title to 
said land or lot adverse thereto. More than one certificate on the 
same property may be included in the same action, but each, to- 
gether with prior or subsequent taxes paid thereon, shall be Each settlement 
deemed and stated as a separate cause of action: Provided, that cause for action 6 

no action to foreclose an v such lien shall be maintained unless Proviso. 

When action to 
the owner of any such certificate shall have served notice on the foreclose lien 

occupant or owner of the land mentioned therein. tuted. S ms * 

Sec. 83. If the owner of any such certificate shall fail or neglect Failure or neg- 

either 1o demand a deed thereon or to commence an action for certmca^tode- 

the foreclosure of the same, as provided in the preceding section, m and deed. 

within two years from the date thereof, the same shall cease to 

be valid or of any force whatever either as against the person 

holding or owning the title adverse thereto, and all other persons, 

and as against the state, county and all other municipal sub 

divisions thereof. 

Sec. 84. In any case in which the plaintiff shall recover in an When plaintiff 

action for the foreclosure of tax liens, as provided in this act, he ac'tfonhe^han 

shall be entitled to interest on each amount paid by him and forest 16 * 1 to 

evidenced by his certificates, tax sales and receipts for taxes paid 

at the rate of twenty per centum from the date of each payment 

until the rendition of the decree of foreclosure, which decree shall 

draw interest as in other cases. 



96 



1899— Chapter 15. 



Definitions. 



Words defined. 



Bank, banker, 
broker and stock 
jobber. 



Collector. 



List-takers and 

assesssors. 



Credits. 



He. 



Shares of stock 
and shares of 
capital stock. 



Tax, taxes. 



Sec. 85. The words and phrases following, whenever used in 
this act, shall be construed to include in their meaning the defini- 
tions set opposite the same in this section whenever it shall be 
necessary to the proper construction of this act: 

(1) Bank, banker, broker, stock jobber — whoever has money 
employed in the business of dealing in coin, notes or bills of ex- 
change, or in any business of dealing in or buying or selling any 
kind of bills of exchange, checks, drafts, bank notes, promissory 
notes, bonds, warrants or other writing obligatory, or stocks of 
any kind or description whatsoever, or receiving money on de- 
posit. 

(2) Collector, collectors — county and deputy collectors, includ- 
ing sheriffs. 

(3) List takers and assessors — have all authority conferred upon 
list takers in this act. 

(4) Credits — every claim or demand for money, labor, interest 
of valuable things due or to become due, including money on de- 
posit. 

(5) He — male, female, company, corporation, firm, society, 
singular or plural number. 

(6) Real property, real estate, land, tract, lot — not only the 
land itself, whether laid out in town or city lots or otherwise, 
with all things contained therein, but also all buildings, struc- 
tures and improvements, and other permanent fixtures of what- 
ever kind thereon, and all rights and privileges belonging or in 
anywise belonging thereto, except where the same may be other- 
wise denominated by this act. 

(7) Shares of stock, shares of capital stock— the shares into 
which the capital stock of every incorporated company or asso- 
ciation may be divided. 

(8) Tax, taxes — any taxes, special assessments or costs, interest 
or penalty imposed upon property. 



Mistakes in Assessments. 



Errors in respect 
to names of per- 
sons assessed 
may be corrected 
either by assessor 
or clerk of board 
of county com- 
missioners. 



Sec. 86. If on the assessment roll there be an error in the name 
of the person assessed, or any taxable property shall not be en. 
tered thereon, the name may be changed or the property entered 
on the list by the assessors after the roll has been returned to the 
clerk of the board of county commissioners, or such error may be 
corrected or the omission supplied by the county commissioners 
upon satisfactory evidence of such error or omission at a regular 
meeting of the board; and the board may make an order requir- 
ing the person to be affected to show cause, at a day to be therein 
appointed, why the error shall not be corrected or omission sup 



1899— Chapter 15. 97 

plied, and his name and the property be entered on the tax list, order may be 

Such order shall be served upon the party or posted upon the perfoi/affected 8 

property thirty days before the day appointed therein for show- to show cause 

ing cause. If no cause or no sufficient cause be shown to the con- not be corrected. 

trary, the commissioners shall assess such property and order notice shaif 

such error corrected or omission supplied, and the name of the affiled! party 

person and description of the property entered on the tax list, 

and the tax shall be collected as in other cases ; but proceedings 

to correct such error or supply such omission must be instituted proceedings to 

within six months from the time the taxes would, if regularly as- SnaisSonsmnst 

sessed. have become delinquent. • be instituted 

within six 
months after 

Purchase at Tax [sales] by Municipal Officer. womc? have been 

assessed. 

Sec. 87. That at all tax sales provided for by law the commis- Commissioners 
sioners of the several counties of this state may purchase, for the bid ^"reaf estate 
use and benefit and in the name of their respective counties, any ^ h en°no t other 
real estate therein advertised and offered for sale when the same bidders appear, 
remains unsold for want of other bidders. The respective sheriffs 
shall issue certificates of purchase of the real estate sold, as set 
out in section fifty- seven of this act, in the name of the proper sheriff shall issue 
county. Such certificates shall remain in the custody of the name o^county. 
sheriff, and at any time the county commissioners may assign 
such certificates of purchase to any person wishing to buy for the 
amount expressed on the face of the certificate, and interest 
thereon at the rate per centum which the taxes were drawing at 
the time of purchase or for the total amount of all tax on such 
real estate. Such assignment may be made by the endorsement 
of the chairman of his name on the back of each certificate, and 
such endorsement shall be made when requested by the county 
commissioners. 

Sec. 88. Whenever the county commissioners of any county in When three years 

this state have purchased any real estate in two successive years quenttexesl'com- 

for delinquent taxes, or when there are three years or more de m ] i f sl0D ?fl 8 *f ay t 

linquent taxes due on any real estate, and the county commis- not less than 50 

sioners have purchased the same for the delinquent taxes due the amount 

thereon at a single saie, they may sell an I assign the tax certifi- tiflc^te.^ ° U ° er " 

cates issued upon said purchase for an amount not less than fifty 

per centum on the amount expressed in such certificate: Pro- Proviso. 

vided, that if such real estate shall consist of lot or lots in any 

city, town or village in this state, the taxes upon which have 

been delinquent for any three years and which so remain delin when taxes due 

quent at the time of sale, the county commissioners may purchase county comm is- 

said lot or lots at any time for the amount of said delinquent sioners may pur- 
J i , chase for amount 

taxes, without interest, and may sell and assign the tax certifi- of taxes without 



98 



1899— Chapter 15 



In case real estate 
is within corpo- 
rate limits of 
town the mayor 
is empowered to 
purchase. 



Whenever such 
real estate;is pur- 
chased by town 
or county, sheriff 
not obliged to 
settle with state 
until certificate 
has been sold. 



When sheriff is 
required to ac- 
count to state 
treasurer f >r 
amount of tax on 
such property 



When there is 
more than one 
year tax due on 
city or town real 
estate, certificate 
may be assigned 
by mayor for not 
less than 50 per 
cent of the tax 
due. 



cate thereof for an amount not less than fifty per centum of the 
amount expressed in such certificate. 

Sec. 89. In case such real estate be within the corporate limits 
of any city or town, the mayor shall have the same power and is 
authorized to purchase any estate in such city or town in like 
manner as the county commissioners may purchase, as specified 
in section eighty-seven of this act. and the mayor may assign such 
certificate of sale (to be issued to him by the sheriff on request) 
by the endorsement of his name on the back of each certificate 
when ordered to do so by the city council or town commissioners, 
but no such certificate shall be issued to the city or town by the 
sheriff when a certificate for the same tract or lot has been issued 
to the county commissioners. 

Sec. 90. Whenever real estate is purchased by county commis- 
sioners or by the city or town, the sheriff of the county wherein 
the real estate is situated shall not be obliged to account to the 
state treasurer or to any person for the amount of taxes due until 
the county commissioners or city or town authorities have sold 
the certificate or certifieaies of purchase of the real estate sold. 
And in all cases where such certificate or certificates of purchase 
of the real estate sold shall have been sold and assigned by the 
county commissioners for an amount not less than fifty per cen- 
tum of the amount expressed in such certificates, and in all cases 
when real estate has been sold by the sheriff of a county at a 
minimum valuation, fixed thereon by the county commissioners 
in eases where the amount of taxes due exceeds the valuation of 
said real estate, and in all cases where the tax lien is foreclosed 
by the county commissioners, the sheriff shall be required to ac- 
count to the state treasurer or any city treasurer or person, for 
the proportion only of the amount actually received, due the 
state or otherwise, and the sheriff shall receive credit for the full 
amount of the taxes charged up by the state or city or town 
against said real estate. 

Sec. 91. Whenever there is more than one year's tax due upon 
city or town real estate the certificate of purchase may be assigned 
by the mayor at not less than fifty per centum of the tax due, 
and when such certificate is assigned by the mayor, and not be - 
fore, he shall pay to the sheriff the due proportion of the state 
and count v tax. 



Foreclosure of Tax Liens by County Commissioners. 



Commissioners 
and town au- 
thorities may 
foreclose liens. 



Sec. 9'2. That the county commissioners may foreclose the lien 
for all taxes due the state and county, and the mayor or other 
chief officer of any city or town may foreclose the lien for the 
taxes due such city or town. That any assignee of such tax cer- 



1899— Chapter 15. 99 

tifieate or tax lien may foreclose the same in the same manner 

and "with like effect as in cases where such county commissioners 

may. under the provisions of this act, proceed to foreclose the Any person may 

same, and any person whosoever may purchase real estate at estate^ftWich 

such foreclosure sale. foreclosure. 

» 

Foreclosure of Tax Liens by Owners of Certificates. 

Sec. 93. That any person, persons or corporations having, by Persons having 
virtue of any provisions of the tax or revenue laws of this state- may°foreciote tate 
a lien upon any real property for taxes assessed thereon may en- 
force such lien by any action in the nature of a foreclosure of a Foreclosure in 
mortgage for the sale of so much real estate as may be necessary roreclosure'of 
for that purpose and cost of suit. mortgage. 

Sec. 94. That any person, persons or corporation holding or Persons holding 
possessing any certificate of purchase of any real estate at public purchase^shall be 

1ax sale or any tax deed shall be deemed entitled to foreclose deemed entitled 

J to foreclose, 

such lien under the provisions of this act within any time not 

exceeding two years from date of tax sale (not deed) upon which 

such lien is based: And, provided, that the taking out of a tax Proviso. 

deed shall in nowise interfere with the rights granted in this act. deed'shali not aX 

interfere with 
rights granted in 

Provisions for Collecting Tax and by avhom to be Paid. this act. 

Sec. 95. That taxes upon any and all railroads in this state, Taxes on rail- 
including road-bed, right-of-way, depots, side-tracks, ties and [^fo^i^opmv 
rails, now constructed or hereafter to be constructed, are hereby of same, 
made a perpetual lien thereupon commencing from the first day 
of June in each current year, against all claims or demands what- 
soever of all persons or bodies corporate except the United States 
and this state; and the above-described property or any part 
thereof may be taken and held for the payment of all taxes as- Any part of 

sessed against said railroad company in the several counties in saia property 

r may be taken for 

this state. taxes assessed 

Sec. 96. The property mentioned in the preceding section is property m™ 
hereby declared to be personal for the purpose of taxation and in^sectiou'pM? 
collection of the same. somi1 property 

o, , ~ a t „ , for purpose of 

Sec. 9/. Any person who shall remove personal property or taxation. 

cause the same to be remo\ed from the precinct of his or her res- ing personal 
idence or usual place of use or business or place of keeping or de- fngor^refu^ineto 
posit of the same for the purpose of avoiding listment of said e ive in same, 

i 4- v 4. \- u u ,i v •, guilty ofa misde- 

personal property lor taxation, or any person who shall lad or meanor. 

refuse to list such personal properly as required by law when the 
same shall be temporarily removed from the precinct, place of 
residence of the owner or other place where the same shall usu- 
ally be kept or used, said owner or agent of said owner, or either 
of them, or in case of a corporation, the manager or other person 



100 



1899— Chapter 15. 



Word "person " 
and "his and 
her," shall be 
taken as referring 
to all corpora- 
tions. 

Every person 
liable to tax for 
lands of which 



When persons 
seized of lands as 
tenants by cour- 
tesy, etc., fail to 
pay tax, interest 
is forfeited to 
reversioner or 
remainderman. 



Lands may be 
redeemed within 
one year. 



in charge or possession of such property shall, on conviction, be 
finecTnot exceeding fifty dollars or imprisoned not exceeding- 
thirty days. 

Sec. 98. The word "person" and "his or her," where they 
occur in the foregoing section, shall be construed, where the 
same is applicable, to mean any and all corporations who have 
personal property liable to taxation. 

Sec. 99. Every person shall be liable to pay tax for the lands 
or town lots of which he or she may stand seized for life, by cour- 
lnles^fhan^e 63 tesy ' dower > or D Y a husband in right of his wife, or may have 
the care of as guardian, executor or as agent or attorney, having 
funds of the principal in his or her hands. 

Sec. 100. If any person who shall be seized of lands as tenant 
by courtesy or dower, or who shall be seized of lands for life, or 
in the right of his wife, shall neglect to pay the taxes thereon so 
long that such lands shall be sold for the payment of the taxes, 
and shall not within one year after such sale redeem the same 
according to law, such person shall forfeit to the person or per- 
sons next in title to such lands in remainder or reversion all the 
estate which he or she, so neglected as aforesaid, may have in 
said lands ; and the remainderman or reversioner may redeem 
said lands in the same manner that other lands may be redeemed, 
after having been sold for taxes, within one year after such for- 
feiture; and, moreover, the person so neglecting, as aforesaid, 
shall be liable in action to the person next in title to the estate 
for all damages such person may have sustained by such neglect. 
Sec. 101. Any person having a lien upon real estate may pay 
the taxes thereon in so far as the same are a lien upon such real 
estate, and the amount of taxes so paid shall, from the time of 
payment, operate as a lien upon such real estate in preference to 
all other liens, and the money so paid may also be recovered by 
action for moneys paid to his use against the person or persons 
legally liable for the payment of such taxes. 

Sec. 102. In all cases where any tract of land may be owned by 
two or more persons as joint tenants, as copartners or tenants in 
common, and one or more of the proprietors shall have paid or may 
hereafter pay the tax or tax the [and] penalty charged or charge- 
able on his or their proportion or proportions of such tract, and 
one or more of the remaining proprietors shall have failed or may 
hereafter fail to pay his or their proportion of the tax and penalty 
charged or chargeable on said lands has or shall be made between 

When proprietor them, the tax or tax and penalty paid as aforesaid shall be deemed 

pays tax or tax r , . ,, ,. ,. „ 

and penalty of to nave [been] paid, or the proportion or proportions ot said 

or pl-oprietorson tract set off to the proprietor or proprietors who paid his or their 

"ofntiv eld proportion of said tax or tax and penalty. And the proprietor 

or proprietors so paying the tax or tax and penalty as aforesaid, 



Taxes paid by 
person having 
lien on real 
estate shall take 
priority over 
other liens. 



When land is 
owned jointly 
by two or more 
parties. 



1899— Chapter 15. 101 

shall hold theTproportion or proportions of such tract set off to 
him or them as aforesaid, free from the residue of the tax or tex 
and penalty charged on said tract before partition, and the pro- 
portion or proportions of said tract set off to the proprietor or 
proprietors who shall not have paid his or their jpropoition of 
said tax or tax and penalty, shall be charged with and held 
bound for the portion of said tax or tax and penalty remaining 
unpaid in the same manner as if said partition has been made 
before said tax and penalty had been assessed, and said propor- 
tion or proportions of said tract originally listed fcr taxation in 
the name or names of said delinquent proprietor or proprietors; 
and whenever any lands so held by tenants in common shall be when lauds are 

sold upon proceeding's of partition or shall be taken by the elec- sold, for partition, 
1 x * J J or by administra- 

tion of any of the parties to such proceedings, or where any real tor, guardian, etc. 

estate shall be sold at judicial sale or by administrators, execu- 
tors, guardians or trustees, the court shall order the taxes and 
penalties and the interest thereon against such lands to be dis- 
charged out of the proceeds of such sale or election ; and any 
part owner who shall pay the tax on the whole tract or tracts of 
which he is part owner, shall have a lien on the shares or parts 
of the other part owner of the tax paid in respect of their shares 
or parts, which, with interest thereon, he shall be entitled to re- 
ceive on sale or partition of such lands, and the collection of which, 
with interest, he may enforce like any other lien or charge. 

Sheriff to Keep Record — Supplement of Taxes. 

Sec. 103. Every sheriff shall keep a record of the taxes collected Records kept by 
by him from the clerk of the court, register of deeds, and under s ien " 
schedule "B" of the revenue act, a suitable book for this record 
shall be provided by the state auditor, and all forfeitures, arrears 
from insolvents, double taxes and taxes on unlisted subjects; and 
on the first Monday in December in each year shall deliver,on oath, shall report on 
to the board of commissioners a statement setting forth all sums e ach December 1 
received to that date not previously accounted for, the date of ie C e?Dts m etc i0ner3 
such receipts, the person from whom received, the amount re- 
ceived from each person, the subjects on which received, and the 
aggregate amounts, accompanied by an affidavit taken and sub- 
scribed before the clerk of the commissioners and attested by Shall make 
him that the statement is correct and that no receipts have been rectuess of state- 
omitted; and the clerk shall record the same in a book to be kept clerk shall record 
for that purpose, and shall, by the second Monday in December, same, 
send an abstract of such statement with the affidavit to the 
auditor of the state on a blank to be furnished by the auditor, 
register the same in a book kept in his office for the purpose, 
and keep a copy of the same in a conspicuous place in the court- 
house until the first of Jaimarv'next ensuing. 



102 



1899— Chapter 15. 



Sheriff shall on 
or before second 
Monday in Janu- 
ary settle state 
tax account with 
commissioners. 



State treasurer 
may extend time. 



Sheriff shall file 
duplicate report 
with commis- 
sioners. 



Sheriff shall be 
charged to 
amount of tax as 
appearing on 
abstract. 



Auditor shall 
make certain 
deductions from 
list returns. 

Taxes on personal 
property in- 
solvent. 



Over-payments 
on former settle- 
ments. 

Five per cent 
commission. 
Compensation of 
sheriff for time 
required in mak- 
ing settlement. 



Failure of officer 
to make settle- 
ment within time 
prescribed by this 
act. 



Sec. 104. The sheriff or other accounting officer shall, on or be- 
fore the second Monday in January in each year, settle his state 
tax account with the commissioners of his county and pay the 
amount for which said sheriff or collector is liable to the treas- 
urer of the state, in such a manner or at such place as he shall 
direct, provided the state treasurer may extend the time on a 
sufficient amount to cover the state tax on the land sales in each 
county to first Monday in May. The commissioners shall forth- 
with report to the state auditor the amount due from such ac- 
counting officer, setting forth therein the net amount due to each 
fund, and the treasurer, upon a statement from the auditor, shall 
open an account against such officer and debit him accordingly. 
The sheriff or tax collector, in making his settlements as afore- 
said, shall file with the commissioners a duplicate of the list re- 
quired in section one hundred and four of this act. In such set- 
tlement the sheriff or other officers shall be charged with the 
amount of public tax as the same appears by the abstract of the 
taxables transmitted to the auditor; also with all double tax and 
taxes on unlisted property by him received and with other tax 
which he may have collected or for which he is chargeable. The 
auditor shall give to each sheriff or tax collector a certified state- 
ment embracing the subjects of taxation contained in both lists 
and the amount of tax on each subject, which the sheriff or tax 
collector shall deposit with the clerk of the commissioners of his 
county for public inspection. 

SEC. 105. The auditor in making the settlement of the amount 
due from the sheriff or tax collector aforesaid, shall deduct from 
the list return : 

(1) Taxes on personal property certified by the clerk of the com- 
missioners of the county, by order of the commissioners, to be in- 
solvent and uncollectible. 

{2) All over payments made in former settlements by reason of 
any error in the clerk's abstract of taxables. 

<:!) Five per centum of commission on the amount collected. 

Sec. 106. For his settlement with the state treasurer the sheriff 
or tax collector shall be paid three dollars for each day he may 
be actually and necessarily engaged therein with the commis 
sioners at the county seat, and ten cents per mile, by usual route 
of travel, for twice the distance between the courthouse and the 
place designated by the state treasurer, to be paid by him on the 
warrant of the auditor upon certificate of the sheriff or tax collec- 
tor duly verified before the board of commissioners. 

Sec. 107. In every case of failure by the sheriff or other ac- 
counting officer to settle his account within the time prescribed 
by this act for such settlements, and to take oath required in his 
settlement and pay the amount due to the treasurer, the auditor 



1899— Chapter 15. 103 

shall forthwith report tc the treasurer the account of such sheriff 
or officer, deducting therefrom nothing - for commissions or insol- 
vents, but adding thereto one thousand dollars and ten per cen- Penalty, 
turn of the amount of taxes with which said sheriff is charged for 
the amount of taxes supposed not to appear in the list transmit 
ted by the clerk, and furnish him with a copy of the official bond 
of said officer and his sureties; and if the whole amount be not 
paid the treasurer, on motion of the solicitor of the fourth judi- 
cial district, in the superior court of Wake county, before the 
clerk thereof, within twenty days after default shall have oc- 
curred, shall recover judgment against him and his sureties with- Within 20 days fj 
out other notice than is given by the delinquency of the officio, shai'l haveoc- 

And to the end that the obligations and names may be known < / lu .' ,ert < recover 

° J judgment. 

the clerk of the superior court shall, on or before the second Mon- 
day in October in each year, transmit to the auditor a copy cer- oieru shall 
titled under seal of the court, of the bond of the sheriff and his t^aud^toron^r 
sureties, upon pain for his default of forfeiting to the state one before the second, 
thousand dollars, which the auditor shall and is hereby specially berofeach year. 
charged to collect in like manner and at such times as is provided 
in this section. If the sheriff or other accounting officers shall 
fraudulently and corruptly fail to account as aforesaid, or shall 
fraudulently make any deed to the contrary under section eighty Failure of sherifl 
seven (eighty five) of this act, he shall be deemed guilty of a mis- fng^ffice^toae^ 

demeanor, and upon conviction thereof in any court of comper count, guilty of a 

1 '' l misdemeanor, 

tent jurisdiction, shall be sentenced to pay a fine, in the discre- penalty. 

tion of the court, and be imprisoned not less than three nor more 

than twelve months. 

Sec. 108. The sheriff or the tax collector shall pay the county sheriff shall pay 

taxes to the county treasurer or other lawful officer. He shall at shall atnoUmf' 

no time retain in hand over three hundred dollars for a longer *>° ,d more « han 

time than ten days, under a penalty of two per centum per month 

to the county upon all sums so unlawfully retained, and shall, 

on oath, render a statement to the commissioners at their monthly 

meeting of the amount in his hands. On or before the first Mon- _ , , 

" On or before 

day of February in each year the sheriff shall account with the first Monday in 
county treasurer or other lawful officer for all taxes due the year sheriff shall 
county for the fiscal year, and on failing to do so, he shall pay treasurer? 5 th 
the county treasurer a penalty of two per centum per month on 
all sums unpaid, and this shall be continued until final settle 
ment: Prodded, theboaidof county commissioners may, in their p rovis0 
discretion, relieve the sheriff or tax collector of said penalty of commissioners 
two per centum per month upon payment in full of the county sheriff ofpeDaity. 
taxes: Prodded, the county commissioners may extend the time p rov iso. 
of settle ment of the sheriff of the county taxes to the first Mon- 
day in May. 

Sec 1D9. The treasurer of the state with the advice and appro- 



104 



1899— Chapter 15. 



Treasurer of slate 
may grant in- 
dulgence to de- 
fendants with 
advice of 
attorney general. 



Sheriff allowed to 
deduct from 
amount appear- 
ing on tax lists 



Fees of sheriff 
for lauds sold for 
taxes 

Proviso. 



Commissioners 
may extend time 
of settlement of 
county taxes. 

Proviso. 

Sheriffs present- 
ing money not 
actually derived 
from taxes. 



Proviso. 



Treasurer, sheriff 
or o'her officer 
applying money 
otherwise than 
directed by law 
shall forfeit 
double the 
amount of his 
commissions. 
Commissioners 
shall appo nt one 
or more of their 
number to be 
present at settle- 
ment. 



Pro v so. 



val of the attorney-general, is hereby authorized, when in the 
judgment of these officers it may be best to secure the interest of 
the state, and will not lose any lien held by the state, to grant 
indulgence to defendants in execution and relinquish penalties 
upon payment of amount of dues owing to the state; and like- 
wise to bid for, in behalf of the state, and purchase property of 
said defendants when deemed necessary to secure the payment 
of the dues. 

Sec. 110. The sheriff or tax collector 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 this act in regard to rfis settlement of state taxes, all 
insolvents and uncollectible poll taxes, and also the amount of 
county tax on the lands bid off by the county, and costs and fees. 
which shall be: For making a deed, fifty cents; for registering, 
twenty-five cents; and such other necessary sums as were actu- 
ally paid by the sheriff: Prodded, a majority of any board 
of county commissioners may extend the time tor the collection 
and settlement of the county taxes in the respective counties to 
such time as they may deem expedient, not to extend beyond 
the first of May in the year following in which taxes were levied : 
Provided, that it shall be unlawful for any sheriff or tax collec- 
tor, in accounting with the board of county commissioners for 
either the state or county taxes, to exhibit or present in said 
county any money not actually derived from the collection of 
taxes; and any such sheriff or tax collector so offending shall 
forfeit a penalty of five hundred dollars, one half of which shall 
belong to any person who shall sue for the same, and the other 
half to the county in which the sheriff resides : Provided further, 
that any sheriff, tax collector or county treasurer who shall use 
any part of the county or state taxes otherwise than is directed 
by law, shall forfeit double the amount of his commissions on the 
county and state taxes for the year in which he so misused said 
taxes, one half to belong to any person suing for the same, and 
the other half to the county in which said sheriff resides. 

Sec. 111. The board of county commissioners, at their last regular 
subsequent meeting in each year, shall appoint one or more of their 
number, not to exceed three, to be present at the accounting and 
settlements -between the sheriff and county treasurer, provided 
for in the next preceding section ; and also to audit and settle ac- 
counts of the county treasurer and of all other county officers au 
thorized to receive or disburse county funds. The account so 
audited shall be reported to the board of commissioners, and 
when approved by them shall be filed with the clerk and recorded 
on his book, and sha'l be prima facie evidence of their correct 
ness, and impeachable only for fraud or special error: Provided, 



1899— Chapter 15. 105 

the compensation allowed such committee for their services shall 

not exceed two dollars per day each for the time actually spent 

in said settlements, and there shall be no allowance for extra Compensation 

clerical aid. S dsai,lcom - 

Sec. 112. In case the sheriff of a county shall fail, neglect or Failure or refusal 
refuse to account with the county treasurer and assistant commit- withYreasurer' 1 e 
tee as above required, or to pay what may be rightfully found due 
in such accounts, he shall forfeit and pay to the state, for the use 
of the county, a penalty of twenty- five hundred dollars. It shall Penalty. 
be the duty of the county treasurer, and if he neglect or refuse 
to perform it, the chairman of the board of 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 ; if the sheriff 
shall fraudulently and corruptly fail to account as aforesaid he if sheriff fraudu- 
shall be criminally liable thereupon in like manner and with a^counUiabVe for 
same penalties imposed for such criminal defalcation in section criminal action. 
one hundred and eight of this act. 

Sec. 113. In each year the county treasurer shall give five days' County treasurer 
notice to all the county officers (except the sheriff), authorized to days' n'otice^o all 
receive or disburse the county funds, to appear at the courthouse ? °™ e l Z ° ® ^ ~j 
on a certain day in January, before him and the committee ap- to appear at 
pointed by the board of commissioners, and present an account certain day in 
of all sums received or disbursed for the county, with their presenlvouchers 
vouchers; and any officer failing to attend and account shall be etc 
deemed guilty of a misdemeanor. The accounts, when audited, 
shall be reported to the board of commissioners at their next Accounts, when 
meeting, and, if approved, shall be filed with the clerk and re- reported ShaU be 
corded in their proceedings, together with their approval, and 
shall be deemed prima facie correct. 

Sec. 114. Whenever in this acta duty is imposed upon a sheriff when tax cr>i- 
of a county of which a tax collector has been or may be ap- Appointed b ce£ 
pointed, it shall be incumbent upon the tax collector to perform tain duties in- 
the said office instead of the sheriff, and such tax collector shall 
collect all the taxes, have all emoluments and be subject to all 
the penalties as provided in case of sheriffs in this act; and it 
shall be the duty of all persons having tax moneys in hand tc 
account for and settle with said tax collector. 

Sec. 115. If any sheriff shall die during the time appointed for Sureties may 
collecting the taxes, his sureties may collect them, and for that death of^eriff 
purpose shall have all power and means for collecting the same d « ring term of 
from the collectors and taxpayers as the sheriff would have had, 
and shall be subject to all the remedies for collecting and settle 
ment of the taxes on their bond or otherwise as might have been 
had against the sheriff if he had lived. 

Sec. 116. The sheriff (and in case of his death the sureties) shall 



106 



1899— Chapter 15—16. 



Sheriff shall have 
one year from 
time prescribed 
for settlement 
to collect taxes. 

5,000 copies of act 
shall be printed 
for distribution 
among county 
officers. 



Five copies shall 
be printed for 
each member of 
the general as- 
sembly. 
State auditor 
shall prepare and 
furnish to com 
missioners 
suitable blanks, 
etc. 



Conflicting laws 

repealed. 

Proviso. 



Such repeal shall 
not afreet rights 
heretofore ac- 
quired, etc. 



have one year and no longer from the day prescribed for his set- 
tlement and payment of the state taxes to finish the collection 
of all taxes; but the extension of time for collection shall not ex- 
tend the time of his settlement of the taxes. 

SBC. 117. The secretary of state shall have printed five thou- 
sand copies of "an act to raise revenue*' and "an act to provide 
for the assessment of property and the collection of taxes,'' and 
distribute the said nets among the officers, whose duty it is to ex- 
ecute or carry into effect any portion thereof. 

SEC. Us. The secretary, of state shall, in like manner, have 
printed five copies of said acts for each member of the general 
assembly, and forward the sam£ [to] them by mail. 

Sec. 119 The state auditor shall prepare and furnish to the 
board of commissioners of each county a sufficient number of 
blank forms or lists, with the proper oath added thereto, on which 
each taxpayer in the state shall make out under oath a true state- 
ment and return of all his property, with the value thereof, ac- 
cording to the provisions of this act. 

Sec. til). All acts and parts of acts inconsistent with the pro- 
visions of this act are hereby repealed: Provided, that such re- 
peal shall not in any manner affect any rights heretofore acquired, 
or the collection of any taxes heretofore levied or assessed, or the 
validity of any sales for taxes heretofore made, or any right here- 
tofore acquired under any law of this state. 

Sec. 121. That this act shall be in force from and after its rati- 
fication. 

Ratified the 8th day of March, 1897. 



CHAPTER 16. 



An act to repeal chapter one hundred and fifty-nine of the public laws of 
eighteen hundred and ninety-five, and chapter one hundred and eighty- 
five of the public laws of eighteen hundred [and] ninety-seven. 



Laws relating to 
elections re- 
pealed. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and fifty-nine of the 
public laws of eighteen hundred and ninety-five, entitled "An 
act to revise, amend and consolidate the election laws of North 
Carolina," and chapter one hundred and eighty- five of the pub- 
lic laws of eighteen hundred and ninety seven, entitled "An act 
to amend the election law of North Carolina," be and the same 
are hereby repealed. 

Sec. 2. That this act sha'l be in force from and after its ratifi- 
cation. 

Ratified the 26th day of January, A. D. 1899. 



1899— Chapter 17. 107 

CHAPTER 17. 

An act to provide a short form for agricultural liens and chattel mort- 
gages, and to prescribe the fees for probating and registering the same. 

The General Assembly of North Carolina do enact : 

Section 1. That for the purpose of creating! a valid agricultural 
lien under section seventeen hundred; and ninety-nine of The 
Code, and amendments thereto, for supplies to be advanced, and 
also to constitute a valid chattel mortgage as additional security 
thereto, and to secure a preexisting debt, the following form shall 
be deemed sufficient, and for those purposes legally effective : 

State of North Carolina county. 

Section 1. Whereas I. , am engaged in cultivating Form for agricul- 

the soil, and ha this day agreed to make advances to me 

of supplies, to the value of dollars, and such further 

sums as said may deem necessary, not to exceed in 

all dollars, during the year 18__, to enable me to make 

a crop during the said year on land in said state and county, 

township, adjoining the lands of , 

and being the same : Now, therefore, in consideration 

of the premises, I do covenant with that I will prop- 
erly cultivate and harvest on said lands __ acres in cotton. __ acres 
in corn, __ acres in tobacco, and __ acres in __, that there is no lien 
on said crop, and to secure payment of the amount advanced to 

me. I do hereby give a lien, as provided in section 

seventeen hundred and ninety-nine of The Code of North Caro- 
lina, on all the crops which may be raised on said land during the 

year 18__. And if by , 18__, I fail to pay the amount 

advanced, and also fail to deliver to all said crops 

at place of business, may close this lien as pro- 
vided in section eighteen hundred of The Code, or otherwise, and 
receive from the proceeds the amount due tor advances, together 
with all costs, and expenses of closing the same, and the surplus, 
in [if] any, pay to 

Sec. 2. And to further secure payment of the amount that may 

be advanced, and also the sum of dollars, now due by 

note, dated — , 18__, with interest from . I convey to all 

the above crops, and also the following articles of personal prop- 
erty: all of which is my own and free from encumbrance, 

and if by 18--__, I fail to pay the amount due them, 

may sell the property conveyed in this section, as 'provided by 
law for sale under chattel mortgages, and from the proceeds re- 
tain all amounts provided for in section one. 

Witness my hand and seal, this day of 18 

Witness: [Seal.] 



108 



1899 -Chapter 17. 



, the owner of the land, described in the foregoing 

instrument do hereby agree with the said , in con- 
sideration of the advances to be made to by , 

that the above given lien shall have priority to the extent of the 

advances made by to during the year 18 , 

over any lien to which 1 may be entitled upon the crop to be made 
by him on said lands during said year, 

Witness: [Seal.] 

State of North Carolina — county 

18 

The due execution of the foregoing lien was this day provep 

before me by the oalh and examination of , 

subscribing witness thereto 

, [Seal.] 

Justice of the Peace. 

State of North Carolina — county. 

The foregoing certificate of a justice of the peace 

of county, is adjudged to be correct. Let the lien with 

the certificate, be registered, this dav of 18 



Clerk of the Superior Court. 

State of North Carolina — county 

18.___ 

The due execution of the foregoing conveyance was this day 

proven before me by the oath and examination of 

the subscribing witness thereto. Let the same with this certifi- 
cate be registered. 



Filed for registration at __ o'clock. _ 
registered at __ o'clock __ m 18 



Clerk of the Superior Court. 

18-, and 



Fees of clerk and 
register for pro- 
bating and regis- 
tering these 
instruments. 



Register of Deeds. 

Sec. 2. That the fees for the probate and registration of liens 
executed according to the forms set out above, shall be as fol 
lows: To the clerk for probating ten (10) cents, and to the reg- 
ister of deeds for registering the instrument together with the 
probate and all necessary acknowledgments and certificates, 
thirty (30) cents. The fees shall be the same whether said in 
strument conveys a lien on crops alone, or a lien on crops and 
a conveyance of chattels also, Provided, the above fees shall not 
apply to other forms of lien or mortgage. 



1899— Chapter 17. 109 

Sec. 3. If any person after executing a lien as aforesaid fcr ad- when persons 
vanees shall fail to cultivate the lands described therein, or the «ecut »i|such ^ 
pei son to whom said lien was executed shall be relieved of any ^^^^ 
further obligation to furnish supplies; and the debts and collectible at 
advancements theretofore made, shall become due and collecti 
ble at once, and the person to whom the instrument was executed 
may proceed to enforce the same, and to take possession of, cul : 
tivate and harvest said crops. It shall not be necessary to incor- 
porate such power in the instrument, but this section shall be 
sufficient authority. Provided, the sale of any property under 
the powers contained in this act may be made at any place in 
the county, after ten days notice at the court-house and three 
other public places. 

S-rc 4 The commissioners of everv county to which this act Commissioners 
, , -. t i n ui, i.-u of counties to 

may apply, shall forthwith have record books made with the which this act 

aforesaid forms printed therein, and the cost of said books and ^^'n'Stiary 

of the printing of said forms, and of such other said books as record books. 

may be hereafter required, shall be paid by said commissioners. 

Sec. 5. The secretary of state is hereby directed, immediately Secretary of state 
after the ratification of this act, to send a certified copy of the notice to counties 
same to the register of deeds of each of the counties to which affected, 
this act shall apply, and it shall be the duty of the register of 
deeds to have a notice of the act pubished for three days in some 
newspaper published in said county, the cost of said notice to be 
paid by the county. 

Sec. 6. This act shall apply only to the counties of Forsythe, counties to which 
Perquimans, Harnett, Davie, Washington, Granville, Cumber- this act a PP lies - 
land, Vance, Nash, Edgecombe, Greene, Duplin, Wayne, Lenoir, 
Buncombe, Person, McDowell. Martin, Rutherford. Onslow, Pen 
der, Wilson. Rockingham, Rowan, Durham, Caswell, Robeson, 
Bladen, Brunswick, New Hanover, Moore, Polk, Burke, Beau- 
fort, Chowan, Ashe, Watauga, Sampson, Alleghany, Carteret, 
Pitt, Catawba, Alamance, Craven, Jones, Gaston, Richmond, 
Lincoln and Gates. 

Sec. 7. That an act entitled "An act to amend chapter sixty- Amended, 
eight of public laws of one thousand eight hundred and ninety- 
seven" ratified on the _. day of January eighteen hundred and 
ninety- nine, be amended by striking out section three thereof 
and inserting in lieu thereof the following: "This act shall be in 
force from and after the fourth day of March, nineteen hundred 

and one. 

Sec. 8. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 28th day of February, A. D. 1899. 



110 



1899— Chapter 18. 



CBA.PTER 18. 



Chapter 13, sec- 
tions 2 and 4, 
laws of 1897, relat- 
ing to certain 
regulations of 
oyster industry, 
amended. Cer- 
tain license tax 
reduced. 



What boats shall 
be licensed. 



Non-resident 
owners. 



Proviso. 

What instru- 
ments may be 
used in taking 
oysters. 

Section 7 
amended. 



An act to amend chapter thirteen, of the laws of one thousand eight 
hundred and ninety-seven, entitled " An act to provide for and promote 
the oyster industry of North Carolina, ratified the twenty-third day of 
February, one thousand eight hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter thirteen, sections two and four of the 
laws of one thousand eight hundred and ninety -seven, entitled "An 
act to provide for and promote the oyster industry of North Caro- 
lina," ratified the twenty-third day of February, eighteen hundred 
and ninety-seven, be and the same is hereby amended as follows, to- 
wit : in line five, section two of [the said act, strike out word " Ons- 
low," and insert in lieu thereof the word " Beaufort ;" in line eight, 
section four, strike out the words "five dollars" and insert in the 
place thereof the words, "two dollars and fifty cents:"' in line 
eleven, section four, strike out the word " ten" and insert the word 
"five" in place thereof; in line twelve, section four, strike out the 
word "three" and insert the word "two" in the place thereof ; in 
line eighteen, section four, insert after the words " steam vessel," 
and before the word "of," the words "or any vessel propelled by 
gas or electricity ;" in line twenty-one, section four, strike out all 
after the word " state." down to and including the word "thereto" 
in line twenty -three, and add to the said section four, after the word 
"state" in line twenty -five, the following: "that no boat, vessel 
or craft with or without decks, shall receive a license or be permitted 
in any manner to engage in the catching of oysters any where in the 
waters of this state, if the said boat, vessel or craft shall be under 
any mortgage, lien or incumbrance to any non-resident of the state 
of North Carolina, or to any person, firm or corporation who has not 
been a resident of this state at least (12) twelve months prior to the 
giving of the said^mortgage, lien or incumbrance, nor unless the 
owner, master, mate and manager shall have been bona fide resi- 
dents of North Carolina at least one year prior to the issuing of the 
said license: Provided, that no instrument or implement other 
than ordinary hand tongs shall be used for the purpose of taking or 
catching oysters in the waters of lower Broad creek and Jones' bay, 
in Pamlico county, [and] Rose bay. Hyde county. 

Sec. 2. That section seven (7) of the said act be and the same is 
hereby amended by striking out in line three of section seven the 
words, " the deputy inspector," and insert in the place thereof the 
words "the clerk of the superior court of the county wherein the 
said oysters are purchased ;" and by striking out in line ten all after 
the word "collected," down to and including the word "tax," in 
line thirteen of the said section seven (7) ; and further, by inserting 
in line [fifteen, after the word "canning," and before the word 
"oysters," the words "or shucking;" and further, by inserting in 



1899— Chapter 18—19. Ill 

line fourteen, after the word " who," and before the word ; 'take," 
the words " purchase or." 

Sec. 3. That sections eleven, twelve, thirteen, fifteen, sixteen, Certain sections 
seventeen, eighteen and nineteen of the said act be and the same 
are hereby repealed. 

Sec. 4. That all laws and parts of laws in conflict with this act be Conflicting laws 
and the same are hereby repealed. iepea e . 

Sec. 5. This act shall take effect from and after its ratification. 

Ratified the 28th day of February, 1899. 



CHAPTER 19. 



An act to provide for the general supervision of the shell-fish industry of 
the state of North Carolina. 

The General Assembly of North Carolina do enact : 

Section 1. That there shall be (7) seven commissioners herein- seven commis- 

after named in this act to carry out the provisions of this act doners shall be 

J r appointed to 

and the tax relating to the shell-fish industry in North Caro- carry out pro • 

lina, and the taking, catching and handling of shell fish, with- 
in the waters of this state. The term of office of the said com- Term of ofllce 
missioners shall begin on the tenth day after the ratification of °f n < e ™ miB " 
this act and shall continue for two years and until their successors 
are elected and qualified. That the said board of commissioners 
shall meet and elect one of their members chairman and one of their Election of chair- 
members as secretary of the said board, and shall fix the amount ¥ lan and secre - 
J tary. 

of the additional compensation for such extra service : Provided, Proviso. 

that neither the chairman nor the secretary shall receive a greater 

sum than fifty dollars each per year for such extra services. That 

should a vacancy occur in the said board, at any time, by the death „ 

, , . . , „ Vacancies occur- 

or resignation of any member, then his successor shall be elected by ing. 

the remaining members of the said board. The said commissioners, 

in addition to the oath to support the constitution and laws of the oath of commis- 

United States and the constitution and laws of the state of North sion ers. 

Carolina, shall take an oath before some person duly authorized to 

administer oaths, to faithfully execute the duties of their said office 

of shell-fish commissioner to the best of their knowledge and ability, 

without fear, favor or malice, reward or hope of reward. That each Agents of said 

commissioner, and each and every agent or servant of the said board, board shall 
, , . , . , . , execute bond, 

before entering on his duties, shall execute before and file with the 

clerk of the superior court of any county named in this act, a justi- 
fied bond in the sum of five hundred dollars ($500) with two sureties. 
Said bond to be paid to the state of North Carolina, the condition 
to be void upon the faithful performance of duty. The state treas- 
urer shall provide the form of the said bond. 

Sec. 2. That George H. Hill of Washington, Beaufort county, B. Commissioners 
D. Scarboro of Avon, Dare coimt} r , Daniel L. Roberts of Newbern, appointed. 



112 



18: )9— Chapter 19. 



Commissioners 
shall meet an- 
nually. 



Compensation ot 
commissioners. 



Shall lay off pub- 
lic oyster 
grounds. 
Shall provide 
method for col- 
lection of taxes. 



Limitation to 
compensation. 

Secretary of state 
required to fur- 
nish certain re- 
ceipt books, etc. 



Taxes, upon 
whom collected. 



Taxes shall be 
remitted to 
treasurer. 



Craven county, Robert W. Wallace of Beaufort, Carteret county, 
C. C. Allen .of Elizabeth City, Pasquotank county, J. M. Clayton 
of Englehard, Hyde county, and Daniel B. Hooker of Bayboro, 
Pamlico county, be and the same are hereby declared shell-fish 
commission^) s. That the commissioners shall meet annually at New- 
born, North Carolina, and at such other times and places as may 
be deemed necessary upon the call of the chairman of the said board. 
That each of the said commissioners shall receive as compensation 
the sum of four hundred dollars per annum, payable monthly, and 
mileage at the rate of five cents (5 cents) per mile in going to and 
returning from the said meetings according to the usual route of 
travel. The said commissioners shall, at their first meeting, lay off 
the public oyster grounds and bed into seven (7) districts,, and shall 
prescribe and provide the methods for collecting and reporting all 
taxes and license tax to be collected and reported in said districts ; 
and it shall be the duty of each commissioner to faithfully perform 
each and every duty so prescribed by said board at some port or 
place in the district wherein the said commissioner resides, for which 
services said commissioner shall receive no further compensation 
than the four hundred dollars (§400) already provided for. 

Sec. 3. That the secretary of state shall, at the request of the 
secretary of the board of shell-fish commissioners, furnish to the 
clerk of the superior court of the counties of Dare, Hyde, Cur- 
rituck, Craven, Pamlico, Carteret, Chowan, Pasquotank and Beau- 
fort, and such other persons as the said board may designate, suit- 
able receipt books, as said board may prescribe, containing stubs 
and receipts each properly numbered, which said receipt books and 
receipts shall be used by the said clerks and other persons who may 
now be or at any time hereafter authorized by law to collect any 
tax or license tax imposed upon any person or persons engaged in 
catching, handling, shipping or dealing in oyster or other shell-fish, 
or purchasing oysters or other shell-fish, in receipting for the said 
license or tax. That the said clerks of the said several counties, 
or any other person who may or shall have received any money or 
moneys required by law to be paid either as license tax for catch- 
ing oysters or other shell-fish or the taxes for purchasing oysters or 
other shell-fish, shall, not later than the tenth day of each month 
forward to the secretary of the said board a statement showing all 
license issued during the preceding month and the amount received 
therefor, and the amount of tax or taxes received from any party, 
person, firm or corporation engaged in purchasing oysters or other 
shell-fish, or engaged in taking, shucking, shipping, canning or sell- 
ing oysters, and shall remit to the treasurer of the state the amount 
so received less the clerk's commission of 5 per cent. The said state- 
ment shall give the name of the person paying the said tax, the 
amount paid, the number of bushels or gallons, and the number of 
the receipt given for such payment, and the secretary of the said 



1899— Chapter 19. 113 

board shall, within ten days after the receipt of the said statement. Secretary of 
forward to the treasurer of North Carolina a consolidated state- r/isbi statement" to 
ment showing the amount which should have been paid to the said ,reasur er. 
treasurer by each clerk or other person authorized to receive and re- 
ceipt for any money arising from any tax imposed upon any party 
or parties engaged in carrying on any business connected with or 
dealing in shell-fish in North Carolina. 

Sec. 4. That the said board of commissioners through its re- Commissioners, 
spective members, or through their duly appointed or elected agents ters to be culled 
or servants, shall cause all oysters caught in the waters of North on oyster beds. 
Carolina to be culled on the oyster beds where caught according to 
law and shall make such provisions as shall be necessary to enforce Duty of com rats- 
said law and for the inspection of such oysters and other shell-fish n\™ *™n'sta?ng VeDt 
as may be caught in the waters of North Carolina, and shall make etc - 
such provisions as may be necessary to carry out and enforce the 
laws governing the catching and handling of oysters and other shell- 
fish and to see that no illegal means are used in catching, selling or 
shipping oysters or other shell-fish, and for this purpose may employ 
such agents and servants as may be necessary and pay them such 
reasonable compensation as the board may fix : Provided, that no p roV i SO 
agent or servant shall receive a greater compensation than the sum 
of fifty dollars per month. That the said board may employ or rent, 
and pay a reasonable rent therefor, tug-boat or boats for the pur- 
pose of enforcing the law, and place thereon the armament of the Board mav rent 
state police steamer ''Lillie.'' should the said state police steamer boats, etc. 
'• Lillie" become unsea worthy or sold. 

Sec. 5. That each and every person, firm or corporation engaged Flrras engaged in 

in the business of canning, packing, shucking or shipping oysters or canning, fishing, 

other shell-fish shall, not later than the tenth day of May of each and siatement with ■ 

every year, file with the secretary of the said board a statement, secretar y of state - 

duly sworn to before some officer authorized to administer oaths. 

showing the number of bushels or gallons of oysters purchased or 

caught by the said person, firm or corporation since the first day of 

May of the preceding year and to whom and when the said tax 

thereon was paid. The said reports shall be of such form as may be 

prescribed by the said board, the blanks for which shall be provided 

by the secretary thereof and printed by the parties who shall have 

charge of the public printing of the state 

Sec. 6. That the said board, through such agents or servants as it D ^ l ., 

° ° Board shall pro- 

may designate, shall provide for the safe-keeping of the state police vide for s»fe- 

kSGlDlO" '»f stilts 

steamer "Lillie." and the expense of keeping and using the same police steamer. 

shall be paid out of any money belonging to the shell-fish fund. 

That the agent of the said board may use in such way and manner 

as prescribed by said board the said steamer in carrying out the 

laws relating to the shell-fish industry of North Carolina. Should it 

become necessary at any time for the enforcement of the laws relat- 



114 



1899— Chapter 19. 



Governor shall 
provide troops 
for enforcement 
of laws. 



Unlawful to take 
oysters from this 
state to other 
states unless 
culled. 



Persons having 
cha rge of vessel 
shall exhibit 
license. 



Tax required on 
vessels not hav- 
ing license. 



On failure to pay 
tax vessel may 
be sold. 



ing to the shell-fish industry, the governor shall, on application of 
the chairman of the said board, provide such troops from the state 
guard or naval reserves as may be needful to arm the said steamer 
and to enable the agent of the said board to enforce the laws gov- 
erning the shell-fish industry of North Carolina : or arm tug-boat or 
boats should the said steamer be unfit for use or be sold. 

Sec. 7. That it shall be unlawful for any vessel, steamer or craft, 
the owner, agent, employee, master or mate thereof, or any other 
person, to take any oysters from this state to another state unless 
the said oysters have been dully culled according to law and in- 
spected by some person authorized so to do and unless the tax pro- 
vided by law shall have been first paid thereon. That if any vessel, 
steamer or craft loaded with oysters or other shell-fish, in whole or 
in part, shall attempt to go from this state to another state with the 
master or mate or person having charge of such vessel, steamer or 
craft, shall upon demand exhibit to any member of the said board 
or to any agent or servant of the said board his receipt showing that 
the said tax has been paid to the proper party and a certificate from 
the party inspecting said cargo, showing that the said oysters have 
been dul} r culled and inspected ; and if the master, mate or person 
having the said vessel or steamer in charge shall fail or refuse upon 
demand of any member of .the said board or of any servant or agent 
of the said board to exhibit the said tax receipt and certificate of in- 
spection, then the member of the said board making such demand, 
or by any of its agents or servants, shall have the power and au 
thority with or without written process to seize the said vessel, 
steamer or craft and hold the same until a tax of twenty (20) cents 
per bushel for each and every bushel on board of such vessel, steamer 
or craft shall have been paid, together with all the costs and ex- 
penses incurred by reason of seizing said boat; and upon refusal by 
the master, mate or person having charge of such vessel, steamer or 
craft to pay such tax and expenses, the said vessel, steamer or craft 
shall be, by some member of the said [board] or by some agent of the 
said board, sold at public auction, after ten days' notice of such sale, 
by posting a notice at the court-house door and three other public 
places in the county where the said seizure was made, stating the 
time and place of such sale : the said sale shall take place on Satur- 
day between the hours of 12 m. and 1 p. m., and on or near the said 
vessel, steamer or craft. That out of the proceeds of such sale, the 
said tax and all expenses of such seizure and sale, including the cost 
of making title to the purchaser, shall then be paid, and the sur- 
plus, if any, shall go one-half to the oyster fund, one-fourth to the 
person informing and one-fourth to the person making the seizure. 
That for the purpose of carrying out the provisions of this act any 
member of the said board, or the agents or servants of the said 
board designated by the said board for that purpose, shall have the 



1899— Chapter 19. 115 

power to close or shut the bridge at Coin jock across the Albemarle Ceitain bridges 
and Chesapeake canal, in Currituck county, and the bridge across ™f purposefof 
the Dismal Swamp canal at South Mills, Camden county, to prevent v^fons ufThis 1 " " 
the passage of said vessel, steamer or craft; and any member of the act. 
said board, or any of its agents or servants, shall have power and 
authority to call upon any person or persons to aid and assist in 
making such seizure, and any such person or persons refusing to 
give or render such aid and assistance shall be guilty of a misde- 
meanor and upon conviction fined not less than one hundred dollars 
or imprisoned at the discretion of the court. 

Sec. 8. That the said secretary of the said board shall make an Secretary of 
annual report to [the] governor of all the proceedings of the said annual report to 
board, including an itemized account of its expenditures and of the g° vernor - 
amounts which should have been received from the shell-fish in- 
dustry of the state ; which said report shall be filed with the gover- 
nor not later than December first of each year, and the said board 
through its secretary shall bi-annually file with the public printer, 
or the parties having charge of the public printing of the state, at Board sbail 
least thirty days before the meeting of the legislature a report, to- report with public 
gether with copies of all reports made to the said board, showing in P rin,er - 
detail the amount of taxes collected and the expenditures of the said 
board and the condition of the several shell-fish industries in the 
state. 

Sec. 9. That the treasurer of North Carolina shall keep the funds Treasurer shall 
arising under this act or any other act relating to the oyster industry in^from'thfs^ct 

or other shell-fish industry of the state separate and apart from the separate and 

r apart from other 

other public funds in his hands, and shall pay the expenses of carry- funds 

ing out this act. including the compensation allowed by the said 
board to its agents, servants or employees from the said fund, upon 
the warrant of the auditor, which warrant shall be issued by the 
auditor upon the certificate of the secretary of the said board and 
countersigned by the chairman of the board of shell-fish commission- 
ers, and in like manner shall pay the cost and expenses of keeping 
and using the steamer k- Lillie '" : Provided, the entire expenses of Proviso, 
this act, so to be paid out, shall not exceed the sum of six thousand unde^fhis^cli 
dollars during any one year. s« ooo n0t exceed 

Sec. 10. That any person or persons, firms or corporation violating Violation of this 
anj- of the provisions of this act shall be guilty of a misdemeanor "neanor Sde " 
and upon conviction shall be fined not more than one thousand dol- 
lars nor less than one hundred dollars, or may be imprisoned at the 
discretion of the court. 

Sec. 11. That all laws or parts of laws in conflict with this act are conflicting laws 
hereby repealed. repealed. 

Sec. 12. That this act shall be in force from and after its ratifica- 
tion. 

Ratified the 2nd day of March, A. D. 1899. 



116 



1899— Chapter 20—21. 



CHAPTER 20. 

An act supplemental to an act ratified the second day of March, eighteen 
hundred and nintey-nine, entitled " An act to provide for the general 
supervision of the shell-fish industry of North Carolina." 



Amends act rati- 
fied March 2nd, 
1899. 



The General Assembly of North Carolina do enact : 

Section 1. That an act ratified on the second day of March, eigh- 
teen hundred and ninety-nine, entitled " An act to provide for the 
general supervision of the shell-fish industry of North Carolina " be 
and the same is hereby amended as follows: By striking out in sec- 
tion nine all of said section beginning at the word " provided " down 
to and including the last word of said section. 

Sec. 2. That this act shall be in force from and after its ratifica- 
tion. 

Ratified the 8th dav of March. A. D. 1899. 



CHAPTER 21. 

A supplemental act to an act entitled " An act to provide for the general 
supervision of the shell-fish industry of the state of North Carolina" 
and ratified on March second, eighteen hundred and ninety-nine. 



Treasurer to pay 
only authorized 
claims. 



Persons attempt- 



The General Assembly of North Carolina do enact : 

Section 1. The treasurer of the state of North Carolina shall not 
pay any compensation to any person or persons claiming the same 
for services rendered concerning the shell-fish industry unless such 
person or persons are. authorized to render such services under the 
provisions of the said act, entitled " to provide for the general super- 
vision of the shell-fish industry of the state of North Carolina, " and 
ratified March second, eighteen hundred and ninety nine. 

Sec. 2. That any person or persons who shall attempt to collect or 
ing to collect, etc. w ho shall collect any funds of whatsoever kind arising out of the 
shell-fish industry by way of tax. license tax or otherwise after the 
twelfth day of March, eighteen hundred and ninety-nine, unless 
such person or persons shall be so authorized or empowered under 
the provisions of the act entitled " to provide for the general super- 
vision of the shell-fish industry of the state of North Carolina," and 
ratified on March second, eighteen hundred and ninety-nine, shall 
be guilty of a misdemeanor, and upon conviction fined one hundred 
dollars or imprisoned at discretion of the court. 

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

Ratified the 8th day of March, A. D. 1899. 



Penalty. 



1899— Chapter 22. 117 

CHAPTER 22. 

An act to incorporate the Roanoke Railroad and Bridge Company. 

The General Assembly of North Carolina do enact: 

Section 1. T. L. Emry, J. C. Simmons, J. J. Daniel, W. A. incorporators. 
Pierce and Thomas N. Hill, of North Carolina, and such persons 
as may hereafter be associated with them, their successors and Corporation, 
assigns, are hereby created a body politic and corporate, to exist term0 exls ence - 
for the term of sixty years under and by the name of the "Roa- Corporation, 
noke Railroad and Bridge Company," and by such name may nameo • 
sue and be sued, and shall have all the general powers and be powers and re- 
subject to all the general restrictions given or imposed by the stnct i° ns - 
laws of this state to, or upon railroad and other corporations. 

Sfx*. 2. That said company shall have the right to construct, Wnen corpora- 
maintain and operate a railroad from any point in the county of H 011 may con- 

1 J c J struct and operate 

Halifax in this state within five miles of the Roanoke River to railroads. 

any point in the county of Northampton in this state within 
five miles of said river, over any line or route that may be selected 
to pass through or within five miles above or below the property 
of the '"Roanoke Rapids Power Company"; and may build and May construct 
construct a bridge across the Roanoke river, on the line adopted Dlid ge, where, 
as aforesaid, for the use of said road : Provided, that the said Provisos, 
bridge shall be so constructed as not to impede the navigation of 
said river at that point: And provided further, that in the con- 
struction of said bridge and railroad, if it shall be necessary to 
cross the canal of the Roanoke and Navigation Water-power 
Company or to touch the works of said company, that said 
bridge and railroad shall be so constructed as to pass over said 
canal without weakening or impairing the banks of said canal, 
or disturbing in any manner the use of said property, without 
the consent of said Navigation and Water power Company. 

Sec. 3. The capita 1 stock of said company shall be not less than capital stock, 
twenty-five thousand dollars ($25,000,000), but may be increased May be increased 
from time to time by the stockholders of said company by a ma- ow ' 
jority vote in any annual or special meeting to any amount or Never to exceed 
amounts, not to exceed, however, the sum of six hundred thou- what amount, 
sand dollars ($600,000), and shall be divided into shares of one shares of stock, 
hundred dollars ($100) each. how divided - 

SEC. 4. The incorporators named in the first section of this act, vv oa t, incorpora- 
any two of whom may act, are hereby made and appointed com tors may open 
missioners to open the books of subscription in the town of Wel- 
don. North Carolina, upon such notice as to them may seem 
proper, and to receive subscriptions to the capital stock of said Amount to be 
company. Each subscriber shall be required to pay to said com- P aid > when. 
mis«ioners, at the time of subscription, the sum of five dollars ($5) 



118 



1899— Chapter 22. 



How company 
may be organ- 
ized. 



Election of presi- 
dent and direct- 
ors. 



Directors, how 

many. 

Term of officers. 

Secretary and 

treasurer, by 

whom elected. 

Other officers. 

Duties of officers. 
Compensation of 
officers. 
Who may sub- 
scribe to stock 
of company. 

Company may 
charge and col- 
lect tolls. 
Company may 
consolidate with 
other railroads. 



What real estate 
the company 
may acquire. 



Bonds, how 
issued. 



By-laws. 



on each share subscribed for, and the balance due on the said 
stock shall be paid at such times and in such manner as the 
board of directors of said company shall call for the same. As 
soon as the said sum of twenty five thousand dollars ($25,000) has 
been subscribed and the first installment on the same shall have 
been paid, then the said commissioners shall call a meeting of 
such subscribers, by such notice as to them may seem proper, 
and at such meeting the said company may be duly oi-ganized 
by the e'ection of a president and a board of directors which 
shall consist of not less than three nor more than five members, 
to hold office until their successors are duly elected; and the 
board thus elected shall have power to elect a secretary and treas- 
urer, and such other officers and agents as it may deem necessary 
for the proper management and transaction of the company's busi- 
ness, and may prescribe their duties and fix their compensation. 

SBC. 5. Any corporation organized under the laws of this or 
any other state, may subscribe to and own the stock of said 
company; and the said company shall have the right to charge 
and collect tolls for the use of said bridge by any other railroad 
company, and may enter into any traffic or other agreements for 
the use of the said bridge by any other railroad company as may 
be agreed upon from time to time; or the said company shall 
have the power to consolidate with any other railroad company, 
organized under the laws of this state, either by contract of con- 
solidation, or the sale or lease of its property, rights and fran- 
chises to such other company, on such terms as may be agreed 
upon Provided, the same is approved by a two thirds vote of the 
stockholders of the company hereby incorporated. 

Sec. 6. That said company shall have the right to acquire such 
real estate as may be necessary for its purposes, including a right- 
of way for the railroad, and such as may be necessary for said 
bridge, by purchase or gift, or by condemnation, in the manner 
prescribed by the general laws of this state. 

Sec. 7. The said company shall have the right to issue its 
bonds, either coupon or registered, to any amount not to exceed 
in all the sum of five hundred thousand dollars (§500.000), and to 
secure the payment of the same by one or more mortgages, con- 
veying the whole or any part of its property, real, personal or 
mixed, and all of its rights, powers, franchises and privileges, on 
such terms and conditions and to such trustee or trustees as to 
the board ot directors may seem proper. 

Sec. 8. The stockholders of said company may, at any meet- 
ing, make such by laws for the management of its affairs, and for 
the election of such officers as to them maybe deemed expedient. 

Sec. 9. This act shall be in force from and after its ratification. 

Ratified January 26th, A. D. 1899. 



1899— Chapter 23—24. 119 

CHAPTER 23. 

An act to repeal chapter three hundred and thirty-one ( 33 1 ) of the pub- 
lic laws of eighteen hundred and ninety-seven. 

The General Assembly of Xorth ( 'arolina do enact : 

Sectiox 1. That chapter three hundred and thirty one (381), chapter 331, laws 
public laws of 1897, be and the same is hereby repealed. 1897 ' re P ea]ed - 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 26th dav of January, A. D. 1899. 



CHAPTER 24. 

An act to incorporate the State's Prison of North Caroiina, and to pro- 
vide for the government thereof. 

The General Assembly of North Carolina do enact : 

Section 1. That the State's Prison of North Carolina, located Body corporate- 
near the city of Raleigh, be and the same shad remain a corpora- powers^ frivi- 
tion under that name. The said corporation shall be invested le s es . liabilities, 
with all of the property, real and persona], choses in action, 
rights in action, and other rights now owned, held, or enjoyed by 
the North Carolina Penitentiary or State's Prison, and shall be 
liable for all of the debts and other liabilities for which the said 
penitentiary or State's Prison is now liable. 

Sec. 2. The said State's Prison of North Carolina shall be and is May buy, acquire 
hereby empowered to buy, acquire, lease and hold all property. property a reaf° 1Cl 

real, personal or mixed, which may be necessarv for conducting personal or 

1 mixed, 

its operations as may be provided by law. 

Sec. 3. That in addition to flie persons who are at present Additions to 
directors of the State's Prison or penitentiary, there shall be ap d,rectors - 
pointed by this general assembly twelve directors, whose term 
shall begin on the date of their appointment and continue two Terms of offices 
years and until their successors shall be appointed by the gen- ° iectors - 
eral assembly of North Carolina. All laws or clauses of laws con- Appointment by 
f erring upon the governor the power to appoint or nominate di- S eaf e ™ 01 ' TB 
rectors for the penitentiary or State's Prison, are hereby repealed, 
and this general assembly shall appoint persons to fill all vacan- 
cies now existing in the present board of directors. 

Sec. 4. That the compensation of all directors of the State's compensation of 
Prison of North Carolina shall be four dollars per day each, and niifeagef - 
five cents per mile each way of travel, while in the discharge of itemized state- 
their official duties, which compensation shall be paid upon a m ent to be filed. 



120 



1899— Chapter 24 



Wardens, etc., 
how employed. 



Property, under 
what control. 



Properties and 
moneys to be 
kept and ac- 
counted for. 

Directors provide 
for, and receive 
convicts; shall 
arrange for em- 
ployment of 
inmates. 



Directors, first 
meeting. 

Oath of office. 



Chairman, secre- 
tary. 



Executive board, 
when and by 
whom appointed. 

Executive board, 
meetings. 



Executive board, 
powers of. 



. Prohibition. 



duly itemized statement tiled with the state auditor and ap- 
proved by him. 

Sec. 5. The board of directors may. by themselves, or through 
such agencies as they may establish, employ wardens, physicians, 
managers, supervisors or overseers, and all other servants or 
agents neeessary to conduct the operation of the affairs of the 
State's Prison, and shall by their rules and regulations prescribe 
the duties thereof and fix their compensation. 

Sec. 6. All property belonging to the State's Prison of North 
Carolina shall be under the control of the board of directors and 
held and managed by them through their agents and employees 
in accordance with such rules and regulations as the said board 
may prescribe. The said board of directors shall require their 
agents and employees to safely keep and account for all proper 
ties, moneys and other things of value belonging to said corpora 
tion, under such rules as the said board may prescribe. 

Sec. 7. The said board of directors sha'l make provision for 
receiving and keeping in custody all convicts sentenced to hn 
prisonment in the State's Prison by the courts of this state until 
discharged according to law. The said board shall also make 
provision for the employment of all convicts confined in the State's 
Prison, either in said ] iris m or on farms leased or owned by said 
corporation. 

Sec. 8. That said board of directors shall hold their first meet 
ing in the building near the city of Raleigh, known as the peni- 
tentiary or State's Prison, on the tenth day of February, eighteen 
hundred and ninety-nine, and after taking the oath of office be 
fore some person authorized to administer oaths, and [shall] organ 
ize by electing a chairman and secretary, and at once take under 
their control the property of said State's Prison and the convicts 
confined therein, and enter upon the discharge of the duties 
hereby imposed upon them. 

Sec. 9. The said board of directors, at their said first meeting 
and annually thereafter on the first Monday in January shall 
appoint an executive board to be composed of three of then- 
own number, which i-aid executive board shall meet on the elev- 
enth day of February eighteen hundred and ninety nine and 
bi-monthly thereafter, or at such other times as the chairman 
thereof may think necessary for the proper management of the 
affairs of said corporation. The said executive board shall have and 
exercise all of the powers hereby conferred upon or exercised by the 
full board of directors while in session, but said executive board may 
not revoke, repeal or amend any rule, regulation or by-law made by 
the full board. The said executive board may elect its chairman. 
and fill all vacancies that may occur therein, and may. whenever it 



1899— Chapter 24. 121 

may be necessary, call a meeting of the full board of directors upon chairman, va- 
j i ,• j.1 j? cancies, called 

ten days notice thereof. meetings. 

Sec. 10. The said executive board shall receive the same compen- Notice. 

1 tiiecutive board, 

sation as the board of directors. com pensation of . 

Sec. 11. The board of directors, either at a regular annual meet- Directors, power 

ing or a special meeting called in the manner herein provided for. to sue, lease let, 

o r o r sublet-and dis- 

shall be empowered to lease, sublet or sell to any person or corpora- pose of property 
,. u i i i 4. i'iii-i and contract, etc. 

tion any or all lands or personal property owned or leased by said 

State's Prison, and contract for the hire or employment of any able- 
bodied convicts not necessary to be detained in the prison near Ral- 
eigh, upon such terms as may be just and fair to State's Prison : Pro- proviso. 
vicled, that such convicts, when so hired or employed, shall remain 
under the actual management, control and care of the said execu- 
tive board, or its employees, agents and servants: Provided farther, proviso, 
that no such contract shall be made unless the same shall provide 
that the said State's Prison shall be indemnified against any loss or 
expense incurred in cultivating said farms and employing such 
convicts. 

Sec. 12. The office of superintendent of the penitentiary is hereby office of superln- 
abolished. and all laws and clauses of laws providing for the appoint- ten dent abol- 
ment of, or imposing any duties upon, or providing any conipensa- Conflicting laws 
tion for, such officer are hereby expressly repealed. 

Sec. 13. The office of clerk of the penitentiary is hereby abolished, office of clerk of 
and all laws and clauses of laws providing for the appointment of, . P h n vsi Dt d ary 
or imposing any duties upon, or providing any compensation for. Conflicting laws 
such officer are hereby expressly repealed. 

Sec. 14. That chapter two hundred and nineteen of the laws of chapter 219, laws 

eighteen hundred and ninety-seven, and chapter four hundred and °^ l^vernmenf 

seventeen of the laws of eighteen hundred and ninety-five, and of penitentiary, 

chapter two hundred and eighty-three of the laws of eighteen hun- chapter 417, laws 

dred and ninety-three, and section three thousand four hundred and governm^ntof S 

twenty-seven of The Code, and all laws amendatory thereto, and penitentiary, re- 

J J pealed, 

all laws and parts of laws in conflict with the provisions of this act Chapter 283, laws 
, -, , , , , , -, of 1893 relating 

be and the same are hereby repealed. to government of 

Sec. 15. That the provision of this act in so far as they provide repealed lary ' 
for the election of twelve directors and the filling of vacancies in lection 3427, 
the board of directors shall be in full force and effect from and after government of 
its ratification; the other provisions thereof shall go into effect on repeated! 8 ' 1 ' 5 ^' 
the tenth day of February, eighteen hundred and ninety-nine, when Conflicting laws 
the persons now in charge of the said penitentiary or State's Prison When provisions 
and the convicts therein, shall turn over the same to the board of 
directors herein provided for. 

Ratified the 36th dav of January. A. D. 1899. 



122 



1899— Chapter 25—26. 



CHAPTER 25. 

An act to amend section two thousand and seventy-nine of The Code of 
North Carolina. 

The General Assembly of North L'urolnut do enact: 
Section 2079, re- Section 1 . That section two thousand and seventy-nine of The 

tion of process by Code of North Carolina be amended as follows: In line twenty of 
sheriff. sa U sec t,i on strike out the words "within his county." 

Sec. 2. Tiiat this act shall be in force from and after its ratifica- 
tion. 

Ratified the 31st day of January, A. D. 1899. 



CHAPTER 26. 



An act to extend the charter of Fairfield Canal and Turnpike Company. 



Fairfield Canal 
and Turnpike 
Company is con- 
tinued a body 
corporate for the 
term of 60 years. 



Shall have all 
the rights, 
privileges and 
powers granted 
by original 
charter, and shall 
be subject to in- 
structions there- 
in found. 



The General Assembly of North Carolina do enacl: 

Section 1. That the charter of the Fairfield Canal and Turnpike 
Company, which was originally granted by an act ratified on the 
twenty-ninth day of January, Anno Domini eighteen hundred and 
forty-nine, entitled " An act to incorporate the Fairfield Canal Com- 
pany," amended by an act ratified on the second day of February, 
Anno Domini eighteen hundred and fifty-nine, entitled '• An act to 
amend an act entitled an act to charter the Fairfield Canal Com- 
pany," and amended by an act ratified on the first day of April, Anno 
Domini eighteen hundred and seventy-one, entitled ; ' An act to fix 
the capital stock of the Fairfield Canal and Turnpike Company," is 
hereby extended so that from and after the date of the ratification 
of this act, the said Fairfield Canal and Turnpike Company shall 
continue to be and is hereby made a body politic and corporate for 
sixty j r ears. and by that name shall continue to have all the rights, 
powers and privileges granted by its original charter and the several 
amendments thereto, hereinbefore referred to, anything in its said 
charter contained to the contrary notwithstanding, and shall have 
all of the general powers given to and be subject to all the general 
restrictions imposed upon like colorations by the laws of this state. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 31st day of January, A. D. 1899. 



1899— Chapter 27. 121 



CHAPTER 27. 



An act to incorporate The African Aid and Burial Society of North Car- 
olina. 

The General Assembly of North Carolina do enact: 

Section 1. That George W. Watts, president; W. M. Brown, vice- incorporators. 
president: J. S. Templeton, secretary; C. S. Brawley, treasurer; B. 
H. Templeton, J. D. Watts, Stokes Brown, J. F. White, J. C. Gil- 
lespie, Charlie Campbell, Sam Simonton. J. W. Lemley and other 
persons that are now members of Lodge No. 1, and such other constituted a 
persons as they may associate with them, be and are hereby consti- c£r y Jp }i tic and 
tuted a body politic and corporate under the name of "The African Name of corpora- 
Aid and Burial Society of North Carolina," with its principal place p^ e of business 
of business at Mooresville, N. C. 

Sec. 2. That the object of said society shall be for charitable and object of the cor- 
benevolent purposes, to educate the members thereof socially and P 0I> ation. 
morally, to provide for the relief of sick and distressed members, 
and especially to provide for the decent burial of its members in case 
of death. 

Sec. 3. That said society shall have power under its constitution Powers of cor- 
and by-laws to raise funds to carry out its purposes as above stated. pora n " 

Sec 4. That said corporation shall have the power to purchase May pur chase 

and hold real estate to the amount of five thousand dollars, and per- and hold real 

r estate— amount, 
sonal property to the amount of two thousand dollars, to sue and be ]yr a y sue an d D e 

sued by its corporate name, to use a common seal, and make such suea - 
constitution and by-laws as may be necessary for its good govern- 
ment, not inconsistent with the constitution and laws of North 
Carolina. 

Sec. 5. That the officers of said society shall consist of a president, officers of cor- 
vice-president, secretary and treasurer, who shall be elected annually, poration. 

Sec. 6. That said society shall be governed by a grand lodge and Corporations, 
by subordinate lodges, which shall hold their meetings at such times ow S overne 
and places as fixed by constitution and by-laws : Provided, that proviso. 
Lodge No. 1 shall constitute said grand lodge until ten subor- 
dinate lodges are organized under it, and thereafter it shall be com- 
posed of one delegate from each subordinate lodge, who shall elect 
their own grand officers. 

Sec. 7. That this act shall be in force from and after its ratification. 

Ratified the 31st day of January, A. D. 1899. 



124 



1899— Chapter 28—29. 



CHAPTER 28. 

An act to authorize the publication of the sketches of North Carolina 
regiments. 

Preamble. Whereas, under the authority of the Confederate Veterans Asso- 

ciation of North Carolina, a sketch of the histor}' of each of the reg- 
iments from this state serving in the Confederate army, written by 
a survivor of each command, has been collected under the supervis- 
ion of Walter Clark, acting at the request of said association; and 
whereas the state is desirous of preserving these memorials of its 
soldiery, now, therefore: 



Numbf rof copies 
to be published — 
how distributed. 



Volumes not 
■distributed to be 
sold at cost. 



The General Assembly of North Carolina do enact : 

Section 1. That not exceeding one thousand volumes in cloth 
binding of said sketches shall be published by the state, under the 
above supervision, and the same to be, distributed as follows: One 
copy thereof to the clerk of the superior court of each county in the 
state, to the library of the state, and the state university, and to 
each college in North Carolina, and that one volume be placed in 
such libraries, upon the request of the board of commissioners of 
any county, as are established and used by public schools, for the 
benefit of the school children, and to such other persons as the trus- 
tees of the public library shall see fit: and the balance shall be sold 
at cost by the state to the public, and the proceeds covered into the 
public treasury: Provided, hoivever. the state shall be at no expense 
for editing or otherwise, and the only cost to the state of publica- 
tion shall be the paper, typesetting, press work and binding. 

Sec. 2. This act shall be in force from its ratification. 

Ratified the 31st day of Januarv. A. D. 1899. 



CHAPTER 29. 

An act to amend section one thousand two hundred and eighty-five of 

The Code. 



Section 1285, 
Code, relating to 
divorce. 

Ill treatment by 
husband in an- 
other state may 
be made cause 
for absolute 
divorce on part 
of wife in North 
Carolina. 



The General Assembly of North Carolina do enact : 

Section 1. That section one thousand two hundred and eighty-five 
of The Code be amended as follows : Add to said section of said 
Code the following sub-division: If the husband, having married a 
citizen of North Carolina, shall remove with her to any other state, 
and while living with her in such other state shall, by cruel or bar- 
barous treatment, endanger her life or render her condition intoler- 
able or burdensome, the wife shall, upon returning to North Caro- 



1899— Chapter 29—30. 125 

lina. and residing therein, separate and apart from the husband for 
the period of twelve months, be entitled to an absolute divorce, to 
be decreed by the courts of this state : Provided first, that in the Proviso. 
event of divorce granted to the wife for the causes specified in this 
act, the husband shall not remarry during the life of the wife : Pro- 
vided second, that the husband and wife shall be competent witnesses 
to testify in their own behalf as to all facts within their knowledge 
pertinent to the issue. 

Sec. 2. That this act shall apply to cases now pending in the courts Applies to what 
of this state, but shall not apply to any separation that shall take p ase j? h ■« 
place after the passage of this act. 

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

Ratified the 31st day of January, A. D. 1899. 



CHAPTER 30. 



An act to appoint a joint committee to investigate the agricultural de- 
partment, the state treasurer's office and the charitable institutions of 
the state. 

The General Assembly of North Carolina do enact : 

Section 1. That a joint committee, consisting of five members, joint committee 

two on the part of the senate and three on the part of the house, be to investigate 

.,-,.. ±- ± ±, ,. . , agricultural de- 

appointed to investigate the condition and management of the agri- partment, the 

cultural department, the state treasurer's office and the charitable office and chari- 
institutions of the state for the past four years. table i nstitution8 - 

Sec. 2 That the said joint committee be authorized, empowered scope of investi- 
and directed to inquire into the financial condition and manage- gation— powers, 
ment of said agricultural department, state treasurer's office and 
charitable institutions, with full power and authority to inquire 
into and investigate any and all charges of fraud, negligence, im- 
morality, incompetency and mismanagement on the part of any 
officer or employee of said agricultural department, state treasurer's 
office or charitable institution. 

Sec. 3. That said joint committee be and they are hereby empow- 
ered to employ competent accountants, stenographers ,and counsel employ ac- 
, . t . • t • , ■ , • , , , ... , , countants, sten- 

to aid in saitl investigations; to meet at such times and places as a ographersand 

majority of said committee may elect; to elect a chairman and sec- Meetings of com- 
retary; to subpoena witnesses and compel their attendance, and to naittee. 
enforce the production and examination of books, records and pa- man and secre- 
pers under the same forfeitures and penalties as is provided by law May subpoena 
to compel the attendance of witnesses and the production of papers witnesses. 
in the superior courts of the state. production of 

SEC. 4. That the chairman of said joint committee shall have full an^papers*— for- 
feitures and pen- 
alties. 



126 



1899 -Chapter 30—31. 



Chairman shall 
have power to 
punish for con- 
tempt. 



Investigation to 
be made without 
delay and report 
to general assem- 
bly. 

May visit in per- 
son and make 
investigation. 



Expenses, how 
paid. 



■Conflicting laws 
repealed. 



power to punish for contempt any officer or employee of said agri- 
cultural department, state treasurer's office, charitable institutions, 
or any other person who shall willfully refuse to obey all subpoenas 
directing his or their attendance before said joint committee, or 
who shall willfully fail to provide any books, papers or records rela- 
ting to the affairs of said department, office or institution. 

Sec. 5. That said joint committee are directed to proceed, without 
delay, to make said investigation, and report their finding to this 
general assembly, now in sessiou. 

Sec. 6. That said joint committee are empowered to visit in per- 
son the said department, office and institutions, and to make per- 
sonal investigation and examination of all the books and papers 
thereof. 

Sec. 7. That all expenses incurred by the said committee, includ- 
ing the remuneration of accountants, stenographers, counsel fees 
and witnesses, shall be paid by the treasurer of the state out of the 
funds of the state not otherwise appropriated upon the warrant of 
the chairman, countersigned by the secretary of said joint committee. 

Sec. 8. That all laws and clauses of laws in conflict with this act 
shall be and the same are hereby repealed. 

Sec. 9. That this act shall be in force and effect from and after its 
ratification. 

Ratified the 31st day of January, A. D. 1899. 



CHAPTER 31. 



An act to amend chapter sixty-eight of the public laws of one thousand 
eight hundred and ninety-seven. 



Chapter 68, laws 
1897, relating to 
probate of crop 
liens. 

Robeson in- 
serted. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter sixty-eight of the public laws of one 
thousand eight hundred and ninety-seven be and the same is hereby 
amended as follows: by inserting the word "Robeson" between the 
words "Franklin" and ••Chatham" in line two in section two of 
chapter sixty-eight of public laws of one thousand eight hundred 
and ninety-seven. 

Sec. 2. That all laws and clauses of laws in conflict with this act 
are hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratifica- 
tion. 

Ratified the 31st dav of January. A. D. 1899. 



1899— Chapter 32—33—34. 127 

CHAPTER 32. 

An act to repeal chapter five hundred (500) of the laws of eighteen 
hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

SECTION 1. That, the provisions of chapter five hundred of the pub- Repealed as to 
lie laws of eighteen hundred and ninety-seven, in so far as they re- 
late to the county of Wayne, be and the same are hereby repealed : 
Provided, that this act shall not prevent the collection of the taxes Proviso, 
levied during the year eighteen hundred and ninety-eight : And pro- Proviso. 
vided further, that so much of said taxes as have not been expended 
prior to the ratification of this act be and they are hereby declared 
to be a part of the general county fund. 

Ratified the 31st dav of Januarv. A. D. 1899. 



CHAPTER 33. 
An act to regulate quo warranto proceedings. 

The General Assembly of North Carolina do enact : 

Section 1. That in any civil action pending in any of the courts Defendant in quo 

of this state wherein the title to any office is involved, the defend- warranto ,- in , pos ~ 

J ' session of office, 

ant being in the possession of said office, and discharging the duties shall continue 

thereof, shall continue therein pending such action, and no judge tried and deter- 

shall make any restraining order interfering with or enjoining such Prohibition 

officer in the premises: and such officer shall, notwithstanding any 

such order, continue to exercise the duties of such office pending 

such litigation, and receive the emoluments thereof. 

Sec. 2. This act shall apply to existing suits. 

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

Ratified the 31st day of January, A. D. 1899. 



CHAPTER 34. 



An act to unite the Richmond, Petersburg and Carolina Railroad Com- 
pany, and for other purposes. 

Whereas, the purchasers of the property and franchises of the p reanit , le 
Virginia and Carolina Railroad Company, a corporation existing 
under the laws of Virginia and North Carolina, at a judicial sale 



12! 



1899- Chapter 34. 



made in the city of Petersburg on the day of 189.., 

became constituted a corporation of the state of Virginia, under 
the corporate name of "the Richmond. Petersburg and Carolina 
Railroad Company " ; and 

Whereas, the said purchasers are, by the general law of North 
Carolina, a corporation in said state ; and 

Whereas, it is deemed desirable to declare the incorporation of 
said company in the state of North Carolina, and to remove any 
doubt as to the unitj r of the corporation in the two said states ; 
therefore. 



Declared a body 
politic and cor- 
porate— namt- and 
style. 

May sue and be 
sued; may im- 
plead and be im- 
pleaded— rights, 
privileges and 
immunities 
Shall succeed to 
rights, etc. 



May make by- 
laws, rules and 
regulations. 



Time when stock- 
holders of con- 
solidated corpo- 
rations shall be 
deemed to come 
into possession 
of property, etc. 



Stockholders 
may hold meet- 
ings, organize 
an d transact 
business in the 
stale oi Virginia. 
Korce and effect 
of acts. 



May increase 
capital stock - 
size of shares. 



The General Assembly of North Carolina do enact : 

Section 1. That the said Richmond. Petersburg and Carolina Rail- 
road Company is declared a body corporate and politic, under the 
name and style of the Richmond, Petersburg and Carolina Railroad 
Company, and in that name may sue and be sued, plead and be im- 
pleaded, and may possess and enjoy all the rights, privileges and 
immunities of a corporation or body politic in law. and of a corpora- 
tion for building, constructing, maintaining and equipping a rail- 
road, to which such corporations are entitled under the laws of 
North Carolina (succeeding to all the rights, privileges and fran- 
chises of the said Virginia and Carolina Railroad Company) , and 
may make all such by-laws, rules and regulations not inconsistent 
with the laws and constitution of this state, as they may deem nec- 
essary for promoting the interests thereof. 

Sec. 2. That from and after the time when this act shall take 
effect, the stockholders of the Richmond, Petersburg and Carolina 
Railroad Company, as incorporated by this act, and from and after 
the time when this act shall take effect, all property owned, acquired 
or enjoyed by either of said corporations shall be taken to be the 
property of the stockholders, for the time being, of said corporation. 

Sec. 3. That it shall be lawful for the stockholders of the said cor- 
poration to hold meetings, organize said corporation and transact 
business within the limits of the state of Virginia, and such organi- 
zation and all acts and proceedings at such meetings shall have the 
same force and effect as if said meetings had been held in the state 
of North Carolina. 

Sec. 4. That said company may increase its capital stock to two 
million dollars ($2,000,000) in shares of one hundred dollars each. 

Sec. 5. That said act shall be in force from and after its ratifica- 
tion. 

Ratified the 31st day of January, A. D. 1899. 



1899 -Chapter 35. 129 

CHAPTER 35. 

An act to ratify, confirm and approve the organization and incorporation 
of the South Carolina and Georgia Extension Railroad Company of 
North Carolina, to grant it certain powers, to authorize it to consoli- 
date with other railroad companies, and to grant certain powers to any 
such consolidated company. 

Whereas, a decree dated June seventeenth, eighteen hundred Preamble, 
and ninety-eight, was duly entered in the United States circuit 
court for the western district of North Carolina in a suit wherein the 
Finance Company of Pennsylvania was the complainant and the 
Ohio River and Charleston Railway Company and others were the 
defendants, foreclosing certain mortgages, and thereafter the fore- 
closed property was duly sold to Samuel Hunt, Simon A. Stern and 
John J. Collier, and thereafter said sale was duly confirmed by a 
decree of said court, dated August tenth, eighteen hundred and 
ninety-eight; and 

Whereas, in pursuance of said decree a deed dated August thir- 
teenth, eighteen hundred and ninety-eight, was duly executed by 
George I. White as special master [of J the Ohio River and Charleston 
Railway Company and others to said purchasers; and 

Whereas, said purchasers thereafter duly executed, pursuant to 
sections six hundred and ninety-seven, six hundred and ninety- 
eight and two thousand and five of The Code, an instrument under 
their hands and seals, wherein, among other things, it was declared 
that the name of the new corporation was "South Carolina and 
Georgia Extension Railroad Company of North Carolina," and that 
the amount of capital stock should be five hundred thousand dollars 
($500,000). which said instrument was registered in the office of the 
register of deeds of McDowell county on August twenty-five, eigh- 
teen hundred and ninety-eight ; and 

Whereas, said purchasers afterwards associating with themselves 
George H. Earle, Jr., Evans R. Dick and P. J. Sinclair, as incor- 
porators, duly executed and filed in the office of the secretary of 
state "• articles of association of the South Carolina and Georgia Ex- 
tension Railroad Company of North Carolina," wherein it was stated, 
among other things, that the name of the new corporation should 
be South Carolina and Georgia Extension Railroad Company of 
North Carolina, and the said corporation was to be operated and 
maintained from the state line, between the states of North Caro- 
lina and Soutli Carolina, on the county line of Cleveland county, to 
the town of Marion, in the state of North Carolina, through the 
counties of Cleveland, Rutherford and McDowell, and thence as 
thereafter constructed and operated through the counties of Mc- 
Dowell, Mitchell and Yancey, to the Tennessee state line, the]ap- 

9 



130 



1899— Chapter 35. 



proximate length of said road, constructed and to be constructed, 
being one hundred and forty miles, as near as may be, and that the 
amount of the capital stock should be seven hundred thousand dol- 
lars ($700,000) : Now, therefore, 



Company reor- 
ganized and 
made a corpora- 
tion. 

Incorporators, 
their successors 
and assigns- 
body politic- 
name. 

Succession to 
lights, privi- 
leges, powers, 
etc., of Charles- 
ton, Cincinnati 
and Chicago 
Railroad Com- 
pany, etc. 



Subject to lia- 
bilities of original 
corporations. 



May ^ue and be 
sued ; may im- 
plead aud be 
impleaded. 
May nave com- 
mon SPal. 

May pu chase, 
hold aud convey 
real estate. 
Limit of cor- 
porate life. 
Directors.number 
of 

May increase 
directors. 
May operate 
and maintain 
railroad, where. 



Amount of 
capital stock. 



What number of 
shares of stock 
may issue. 
May issue notes 
of negotiable 
bonds, and se- 
cure obligations 
by mortgage on. 



The General Assembly of North Carolina do enact : 

Section 1 . That the South Carolina and Georgia Extension Rail- 
road Company of North Carolina is hereby reorganized as a valid 
and legal corporation ; and the said Samuel Hunt, Simon A. Stern, 
John J. Collier, George H. Earle, Jr., Evans R. Dick and P. J. 
Sinclair, their associates, successors and assigns, are hereby declared 
to be a body politic and corporate under the name of the South 
Carolina and Georgia Extension Railroad Company of North Caro- 
lina, with all the powers hereinafter set forth ; and it shall be pos- 
sessed of all the rights, powers, privileges, franchises and immuni- 
ties that at any time belonged to the Charleston, Cincinnati and 
Chicago Railroad Company, or to the Ohio River and Charleston 
Railway Company of North Carolina, or to the Ohio River and 
Charleston Railway Company, or to any or all of their predecessors, 
and shall be subject to the liabilities of the predecessors as pre- 
scribed in section six hundred and eighty-five of "The Code,*' and 
such other general laws as apply to other railroad corporations. 
Said corporation, by said name, may sue and be sued, plead and be 
impleaded, in any court, and may have and use a common seal, and 
shall be capable of purchasing, holding, leasing and conveying es- 
tate—real, personal and mixed, and acquiring the same by gift and 
devise. 

Sec. 2. That the said corporation shall continue for sixty years. 

Sec. 3. That the number of directors of said corporation shall be 
six, but the directors of said corporation may increase their number. 

Sec. 4. That said corporation shall have the right to operate and 
maintain a railroad from the state line, between the states of North 
Carolina and South Carolina on the county line of Cleveland county 
to the town of Marion in the state of North Carolina, through the 
counties of Cleveland, Rutherford and McDowell, and thence as 
thereafter constructed and operated on the route the directors 
thereof shall find most practicable, through the counties of McDow- 
ell. Mitchell and Yancey to the Tennessee state line. 

Sec. 5. That the amount of the capital stock shall be seven hun- 
dred thousand dollars ($700,000). divided into seven thousand shares 
of one hundred dollars each. 

Sec. 6. That said corporation shall have the right to issue five 
thousand shares of its capital stock, or such part thereof as it may 
deem advisable, and its demand note or its negotiable bonds secured 
by mortgage upon any or all of its property in payment for such of 
the property purchased by said Stern, Collier and Hunt at such 



1899— Chapter 35. 131 

foreclosure sale aforesaid as is situated in North Carolina, or for any What property, 
other of the property so purchased, and said Stern, Collier and Hunt, Who may Con- 
or their successors, may convey and transfer the same to said corpo- stock, etc., al- 
ration and any such stock or note or bonds already so issued, and a^roved 16 ' 1 
any such conveyance or transfer already so made are hereby rati- 
fied and approved; and said corporation shall have the right to issue May issue stock 
stock and bonds in payment of rights-of-way, construction or any fo^riglftof way** 
other property necessary for its corporate purposes, and shall have £? pa ^ for con i . 
the right to acquire any franchises or other property, real, personal pay for other 
or mixed, now or hereafter owned or possessed, if such there be, by May acquire 
the Ohio River and Charleston Railway Company, or the Ohio and oTcertoi^eom-' 

Charleston Railway Company of North Carolina, and said compa- P ar "es. 

, . , ,, r Companies au- 

nies are authorized to sell, convey and transfer the same to said thorizpd to sell, 

South Carolina and Georgia Extension Railroad Company of North f™™ 70 ' ranS " 
Carolina, or to any company into which it may be merged or con- 
solidated . 

Sec. 7. Said corporation shall have all the rights and powers and Right*, powers 
immunities which other railroad corporations may lawfully exercise an , 1 immunities 
under the general railroad or corporation laws of the state of North 
Carolina, and be subject to like disabilities. 

Sec. 8. Said corporation may assign or lease its franchises and May assign or 

rights and property to any other person or persons or corporation, c^ise^tVanv per- 

and may consolidate with any other corporation organized under son or corpora- 

the laws of this or any other state. Such consolidation shall be May consolidate 

made as follows : The directors of the several corporations proposing radons. er ° >1P °~ 

to consolidate may enter into a joint agreement under the corporate J? ow cons P llda - 

seal of each company, for the consolidation of said companies and made. 

railroads, prescribing the terms and conditions thereof, the mode Terms, condi- 

of carrying the same into effect, the name of the new corpora- tioIls > omcer ~. etc - 

tion, 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, the 

amount of par 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 consolidation of said 

companies or railroads. Said agreement shall be submitted to Agreement or 

the stockholders of each of the said companies at a meeting submit fed 'to 1 

thereof called separately, for the purpose of taking the same into stockholders or 

1 ° each corporation 

consideration. Due notice of the time and place of holding said to enter into 

meeting, and the object thereof, shall be given by a general notice nV.ucI of' meet- 
published in some newspaper of the city, town or county where thfreof— how Ct8 
such company has its principal office or place of business: Pro- s, iven 
vided, that all the stockholders may waive the giving of such no 
ticp^and such publication. At the said meeting the agreement of 



132 



1809— Chaptkr 35. 



At meeting of 
stockholders 
agreemeut shall 
be considered. 
Vote, how taken. 
Each share shall 
have one vote. 
Ballot cast in per- 
son or oy pioxy. 
Majority, how 
certified. 

Agreement to be 
filed in om>e of 
the secretary of 
state 

Copies of agree- 
ment and act. of 
consolidation 
certified. 



When corpora- 
tions, parties to 
agreement snail 
be taken to be 
one corporation. 
Shall possess 
rights, etc., of 
original corpora- 
tion. 

-ihall possess 
other rights, elc. 



When rights, 
powers, priv- 
ileges, properties 
aud things in 
action, etc., of 
the ongina' cor- 
porations shall 
be taken and 
deemed to vest in 
new corporation. 



Title to real es- 
tate shall not be 
deemed to revert 
by reason of 
agreement of con- 
solidation. 

Rights of credi- 
tors aud liens 
shall he pre- 
served, and the 
original corpora 
l ion may be 
deemed to con- 
tinue in existence 
to protect credi- 
tors and preserve 
liens. 

Debts and lia- 
bilities of original 
corporations 
shall attach to 
new corporation. 



the said directors shall [be] considered, and a vote by ballot taken 
for the adoption or rejection of the same, each share entitling the 
holder thereof to one vote, and said ballots shall be cast in per- 
son or by proxy. If a majority of all the votes of all the stock 
holders shall be for the adoption of said agreement, then that 
fact shall be certified thereon by the secretary of the respective 
companies, tinder the seal thereof, and the agreement so adopted, 
or a certified copy thereof shall be filed in the office of the secre- 
tary of state, and shall from thence be deemed and taken to bt 
the agreement and the act of consolidation of the said compa- 
nies; and a copy of said agreement and act of consolidation, duly 
certified by the secretary of state under his said seal, and shall 
be evidence of the existence of said new corporation. Upon the 
making and perfecting the agreement and act of consolidation, 
and filing the same or a copy with the secretary of state, as above 
provided, the several corporations, parties thereto shall be deemed 
and taken to be one corporation by the name provided in said 
agreement, possessing within this state all the rights, privileges 
and franchises, and subject to ail the restrictions, disabilities and 
duties of said North Carolina and Georgia Extension Railroad 
Company of South Carolina, and possessing such other rights, 
privileges and franchises as are hereinafter conferred upon such 
consolidated company. Upon the consummation of the act of 
consolidation, as aforesaid, the rights, privileges and franchises 
of each of said corporations, parties to the same, and all the prop- 
erty, real, personal and mixed, and all debts due on whatever ac- 
count, as well as stocks, subscriptions and other things in action 
belonging to each of said corporations shall be taken and deemed 
to be transferred and vested in such new corporation without 
further act or deed: and all property, rights-of way, and every 
other interest shall be as effectually the property of the new cor- 
poration as they were of the former corporations, parties to said 
agreements; and the title to real estate, either by deed or other 
wise, under the laws of this state, vested in either of such corpo- 
rations, shall not be deemed to revert, or to be in any way im 
paired by reason of this article; but all rights of creditors and all 
liens upon the property of corporation shall be preserved unim- 
paired, and the respective corporations may be deemed to con- 
tinue in existence to preserve the same; and all debts, liabilities 
and duties of either of said companies shall thenceforth attach to 
said new corporation, and be enforced against it to the same ex- 
tent as if said debts, liabilities and duties had been incurred or 
contracted by it. Such new company shall, as seen as conveni- 
ent after such consolidation, establish such offices as may be de- 
sirable, one of which shall be at some point in this state, on the 
line of its road, and may change the same at ^pleasure, giving 



1899— Chapter 35. 133 

public notice thereof in some newspaper published on the line of offices, when to 

said road. Suits for all causes of action may be brought and main- Location of 

tained against such new company, its successor or successors, in °ffi ces mav be 

° m? j> changed upoa no- 

any of the courts of this state, in the same manner as against tice thereof. 
other domestic corporations therein. Such consolidated corpo- brought against 
ration shall have the right to issue bonds secured by mortgage "n W £at maimer.' 

in satisfaction of any indebtedness of such constituent corpora- Consolidated cor- 

J ooration may 

tions, and for any corporate purposes of such consolidated corpo- issue bonds to be 

ration, and to sell the same for less than par, if in the opinion of mortgage, for 

the directors thereof it is desirable to do so. Such consolidated Bonds P mTy be" 

corporation shall have the power to consolidate with any other sold for less than 

corporation of this or any other state and to lease or be leased consolidated 

to, and to make any contract to operate or be operated by any consolidate with 

other such corporation. It shall have the right to hold the stocks f^s corpora " 

and bonds of other corporations, and to issue its own stock and it may hold the 

bonds therefor. Such consolidated corporation may from time of other corpora- 

to time increase its capital stock to such amount as its stockhold, iJsue'its own 7 

er may, by [a majority vote of the whole amount of its stocks obli if a t ion I s fo Ji 

deem necessary. Any mortgage authorized to be executed by the bonds. 

South Carolina and Georgia Extension Railroad Company of capital stock, 

North Carolina, or any consolidated corporation, or any succes certain mort- 

sor of either, may cover all or a part of the property and fran- s a s es ma y 

r x cover any part, 

chises owned or thereafter to be acquired by the corporation or ail of property, 

i • u 2. j xi i j. , . „ etc., of corpora- 

making such mortgage, and the purchaser at any sale in fore tion making such 

closure of any such mortgage or deed of trust, whether under a pjfrefafers shall 

decree of foreclosure or otherwise, shall succeed to all the fran- succeed to what 

powers, rights, 
chises, rights and privileges of this mortgagor corporation, so far properties, etc. 

as they relate to or are in any way useful in the operation or 

otherwise of the part of the property covered by the mortgage 

under which the sale takes place, and such purchaser shall forth Purchaser to be a 

with be a new corporation, by any name which may be set forth ^.c^ndrUon— l ° D 

in a writing signed by him, filed and recorded in the office of the name 

secretary of state of this state. 

Sec. 9. That section six hundred and eighty eight, chapter General law in- 
sixteen, and section one thousand nine hundred and eighty, chap- tent 
ter forty- nine, of The Code, are hereby declared inoperative, so as 
to limit, restrict or make void any rights, privileges or franchises 
granted to said railroad company or such consolidated company, 
or any successor thereof by the general laws or this act. 

Sec. 10. When any provisions of this act are inconsistent with Conflict— control, 
the declarations or articles of association referred to in the reci- 
tals of this act the provisions of this act shall control. 

Sec. 11. Each stockholder shall be allowed, in person or by Each stock- 

x ' holder, how 

proxy, for the election of directors, as many votes as the number many votes ai- 

of shares he owns multiplied by the number of directors to be 



134 



1899— Chapter 35—36. 



elected, the same to be cast for any one candidate, or to be dis- 
tributed among two or more candidates. 

Sec. 12. This act shall be in force from and after its ratification. 

Ratified the 31st day of January, A. D. 1899. 



CHAPTER 36. 



An act to appoint a committee to investigate the condition and manage- 
ment of the Agricultural and Mechanical College for the colored race 
at Greensboro, North Carolina. 



Joint committee. 



Scope of investi- 
gation. 



May employ 
accountants and 
stenographers. 

Times and places 
of meetings. 

May elect chair- 
man and secre- 
tary. 

May subpoena 
witnesses, send 
for persons and 
papers. 

Chairman may 
punish for con- 
tempt. 



Must proceed 
without delay 
and report find- 
ings. 

Failure or refusal 
to testify a mis- 
demeanor. 



Tlie General Assembly of North Carolina do enact : 

Section 1. That a joint committee of three, of one on the part 
of the senate and two on the part of the house be appointed to 
investigate the condition and management of the Agricultural 
and Mechanical College for the colored race at Greensboro, North 
Carolina. 

Sec. 2. That said joint committee be authorized, empowered 
and directed to inquire into the condition of said institution, with 
full power to investigate any and all charges of fraud, negligence 
and immorality, incompetency, and mismanagement on the part 
of any officers or employees of said institution, or on the part of 
any member or members of the board of said institution. 

Sec. 3. That said joint committee be and the same'are hereby 
empowered to employ competent accountants and stenographers 
to aid in said investigation; to meet at such times and places as 
a majority of said committee may elect; to elect a chairman and 
secretary; to subpoena witnesses, and compel their attendance, 
to enforce the production and examination of books, records and 
papers, under the same forfeitures and penalties as are provided 
bylaw; to compel the attendance of witnesses and the produc- 
tion of papers in the superior courts of the state. 

Sec. 4. That the chairman of said joint committee shall have 
full power to punish for contempt any officer or employee of said 
institution, or any other person who shall willfully refuse to obey 
all subpoenas directing his or their appearance before said joint 
committee, or who shall willfully fail or refuse to produce any 
books, papers or records relating to the affairs of said institution. 

Sec. 5. That the said joint committee are directed to proceed 
without delay to make said investigation, and report their find- 
ings to this general assembly. 

Sec. 6. That any person who shall willfully fail and refuse to 
attend and testify before said joint committee, after having been 



1899— Chapter 36-37—38. 135 

subpoenaed to do so, shall be guilty of ainisdemeanor, and upon p enalty 
conviction in the superior court of any county in North Carolina 
wherein he may be found, shall be fined not less than one hun- 
dred dollars nor more than one thousand dollars, and imprisoned 
in the discretion of the court : Provided, that the testimony given proviso 
by any such witness shall not be used against him in any crim- 
inal prosecution. -; ^ ";™ ^ ^™ 'Z^Z ' "■^T'ZZ ~" 

Sec. 7. That all laws and clauses of laws in conflict with this conflicting laws 
act be and the same are hereby repealed. " "^" ^Z ^^, repealed. 

Sec. 8. That this act shall be in force from and after its ratifi- 
cation. , 

Ratified the 1st day of February, A. D. 1899. 



CHAPTER 37. 



An act to amend section three thousand six hundred and thirty-live of 
The Code, reducing the price of the Supreme Court Reports from two 
dollars to one dollar and fifty cents per volume. 

The General Assembly of North Carolina do enact : 

[ "Section 1. That in line six of section three thousand six hun- section 3635, Code 

dred and thiity-five, second volume of The Code, the words ^ 1 * t ' n s *°- P" ce 
J supreme court 

"two dollars" be stricken out and the words "one dollar and reports, amended. 

fifty cents" be inserted in lieu thereof. 

, ^Sec. 2. That this act shall be in force'from and after its ratifi 

cation. 

^.-Ratified the 26th day of January, A. D. 1899 



..:...:: .-■:-. *■■■■'*. 



CHAPTER 38. 



An act to repeal chapter one hundred and fifty, public laws of eighteen 
hundred and ninety-seven, in regard to the Atlantic and North Carolina 
Railroad. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and fifty of the public Repealed, 
laws of eighteen hundred and ninety- seven be and the same is 
hereby repealed. -....-... 

* ,Sec. 2. That this act shall be in force from and after its ratifi- 
cation. _ .. 

Ratified the 1st day of February, A. D. 1899. 



136 



1899— Chapter 39—40. 



Chapter 329, 
private laws 1895, 
relating to execu- 
tion bonds by 
corporations. 
Amended. 



Section added. 



Fiduciaries may 
include sums 
paid bonding 
company in his 
lawful expenses; 
such sums lim- 
ited by clerk, 
j udge or court. 

Surety companies 
failing to pay 
final judgments 
agait>st them 
sh +11 forfeit 
right to do busi- 
ness in this state. 
Secretary of state 
shal 1 cancel 
license. 
Sections ex- 
changed. 



Conflicting laws 
repealed. 



CHAPTER 39. 

An act to amend chapter three hundred and twenty-nine of the private 
laws of eighteen hundred and ninety-five. 

The General Assembly of North Carolina do enact : 

Section 1. That section two of chapter three hundred and 
twenty-nine of the private laws of eighteen hundred and ninety- 
five be amended by substituting in line fourteen (14) the word 
"fifty" for the words "one hundred," and by substituting in the 
last line thereof the word "justification" for the word "jurisdic 
tion." 

;; Sec. 2. That the said chapter be further amended by adding 
the following section, to be known as section eight (8) of said act. 
Section 8. Any receiver, assignee, trustee, committee, guar- 
dian, executor or administrator, or other fiduciary required by 
law to give a bond, as such may include as part of his lawful ex- 
penses such sums paid to such company for such suretyship not 
exceeding one-half of one per eent per annum on the account 
of such bond as the clerk, judge or court may allow. 

Sec. 3. If any surety company against which judgment shall 
have been recovered, shall fail to discharge the same within 
sixty (60) days from the time said judgment was rendered and 
become final, it shall forfeit its right to do business in this state, 
and the secretary of state or other proper officer shall cancel its 
license; this section shall be section nine (9) of said act. 

Sec. 4. That section number eight of said chapter three hun- 
dred and twenty-nine shall be section number ten of the act a,s 
amended by this act. 

Sec. 5. That all laws and parts of laws in conflict with this act 
are hereby repealed, and this act shall be in force from and after 
its ratification. 

Ratified the 3d day of February, A. D. 1899. 



Amended. 
Relating to 
seining in certain 
counties. 



CHAPTER 40. 

An act to amend senate bill two hundred and thirty-five, 

The General Assembly of North Carolina do enact ': 

Section 1. That senate bill two hundred and thirty-five, passed 
at this session, entitled "An act to repeal chapter fifty one of the 
acts of the general assembly of eighteen hundred and ninety- 
seven, be amended as follows: After the word "distance" and be- 
fore the word "provided," in section four thereof, insert the word* 
"or^seine within such mile and half, "which words shall be taken 
and considered a part of the said section. ™ 

^Sec. 2. This act shall be in'force from and after its ratification. 
"Ratified the 1st day of February, A. JD. 1899. 



1899— Chapter 41. 137 

CHAPTER 41. 

An act to repeal chapter fifty-one of the acts of the general assembly of 
eighteen hundred and ninety-seven, entitled " An act to prevent the 
fishing of certain nets in the Albemarle Sound, and in the rivers empty- 
ing therein," and for other purposes. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter fifty- one of the public laws of the Repealed, 
general assembly of eighteen hundred and ninety-seven, entitled 
"An act to prevent the fishing of certain nets m^the' 'Albemarle 
sound, and in the rivers emptying therein," be and the same is 
hereby repealed. 

Sec. 2. That it shall be unlawful for any person to set or fish certain nets 
any anchor, drift or staked gill net longer than one thousand prohibited in 

•> • o o Ashing in certain 

yards, or combination of such nets longer than one thousand waters. 

yards, in any of the waters of Albemarle sound, or in any river 

emptying therein. 

Sec. 3. That it shall be unlawful for any person to set or fish Nets not to be 

an anchor, drift or staked gill net west of a line running from localities in tak- 

Skinner's Point Bouy to Roanoke Light House. ingflsh. 

Sec. 4. That it shall be unlawful to set or fish any anchor, Nets prohibited 

within certain 
drift or staked gill nets within one and one-half miles of any seine seine ground in 

grounds on the said sound or rivers emptying therein, or within cer m wa rs " 
one-half mile of any dutch net stand, where the same is now 
located in said sound or rivers: Provided, that this section shall Proviso, 
not apply to any person fishing within less than half a mile of his 
own dutch nets, if there be no dutch nets of others within said 
half mile distance: Provided further , that if any seine now oper- 
ated is hereafter discontinued, and the owner desires to fish dutch 
nets therein, such dutch nets shall have the same protection fur- 
nished other dutch nets by this act. 

Sec. 5. That it shall be unlawful for any person to set or fish prohibited from 
any line or row of anchor, drift or staked gill nets anywhere in n e e tg nearer than 

said sound or rivers nearer to any other row of such nets than certain distances 

to other nets, 
half the length of the longer of said row. .„ , , 

, , ,, Violations a mu- 

Sec. 6. That any person who shall willfully set or fish nets m demeanor. 

violation of the provisions of this act, shall be guilty of a misde- 
meanor, and upon conviction shall be fined not exceeding one 
hundred dollars or be imprisoned not more than thirty days, or penalty for beae- 
both, in the discretion of the court, and any person who shall flt schooL fund, 
willfully violate the provisions of this act shall forfeit and pay 
for each violation of the same the sum of one hundred dollars, to 
be recovered in a civil action by any one who will sue therefor, 
one- half of said recovery shall inure to the benefit of the public 



138 1899— Chapter 41—42. 

school fund of the county in which suit is brought, and the bal- 
ance to the party suing therefor, 
violations of this Sec. 7. That it shall be a public nuisance to set or fish any net 
ac a nu sance. QJ , com \ i [ nai ii on of nets in violation of this act. and it shall be the 
Sheriffs and con- duty of every sheriff and constable of the counties of Chowan, 
Perquimans, Tyrrell. Washington and Bertie, by himself or his 
deputy, upon the request of any citizens, he paying or securing 
the costs, to go upon and inspect the water, and to arrest every 
person found fishing in violation of this act, and to hold him for 
Nets seized held his appearance before some justice of the peace of the county 
nearest to the place of such arrest, and to seize all nets found 
fishing in violation of this act, and to hold the same till all costs 
and charges of such examination, arrest, seizure and penalties 

Further duty of recovered are paid ; and it shall be further the duty of the sheriff 
sheriffs and con- „ <• -j i.- ±-u ~ j. * -j.- i. 

stables. of any of said counties, upon the request ot any citizen, he pay- 

ing or securing the costs and charges thereof, to appoint special 
deputies to assist in enforcing this act, who shall have the same 
power in respect to it as the sheriff would have if personally pres- 
ent, and such deputies shall continue in office from appointment 
until the fifteenth day of May following, and shall, during his 
term of office, reside near the said waters, so as to efficiently per- 
form the duties of his said office. 
Certain nets Sec. 8. That this act shall not apply to any gill net staked at 

provfsfons^Pthis both ends and not more than twenty yards in length from stake 
act - to stake, and of the kind fished in said waters before the year 

eighteen hundred and eighty, nor to any net not over eighty 
yards in length fished in Cashie river, nor to sturgeon nets of not 
less than twenty-eight thread twine, and meshes of not less than 
eleven inches. 
Sec. 9. This act shall be in force from and after its ratification. 
Ratified the 3d day of February, A. D. 1899. 



CHAPTER 42. 

An act to repeal section thirteen hundred and thirty-three (333), chap- 
ter thirty-one (31) of volume one of The Code of North Carolina. 

The General Assembly of North Carolina do enact: 
Code, section Section 1. That section thirteen hundred and thirty-three 

tnfb^yin^OT (1333 > of cha P ter thirty one (31), volume one of The Code be and 
selling pretended the same is hereby repealed. 
rights or titles 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 3d day of February, A D. 1899. 



1899— Chapter 43-44. 139 

CHAPTER 43. 

An act to amend chapter sixty-five (65) of the public laws of eighteen 
hundred and ninety-five. 

The General Assembly of North Carolina do enact : 

^Section 1. That chapter sixty five (65) of the public laws of (1895), chapter 65, laws 
one thousand eight hundred and ninety-five be and the same protection*^ 10 
is hereby amended, by striking out the words "Alamance," "Bla- A fave,1 ) f r !j 
den" and "Granville" in section three of said act, so that said act 
shall not apply to the counties of Alamance, Bladen and Gran- 
ville. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 1st day of February, A. D. 1899. 



CHAPTER 44. 



An act to amend section two thousand nine hundred and forty-one of The 
Code, and to facilitate the restoration to the rights of citizenship in 
certain cases. 

The General Assembly of North Carolina do enact : 

Section 1. That section two thousand nine hundred and forty- code ? secticm 2941, 
one of The Code be amended by adding thereto the following: SttontooitflS- 
Provided. that any person who may have been heretofore, or ship- 
shall hereafter be convicted of any crime whereby the rights of citi- Proviso, 
zenship are forfeited, and the judgment of the court pronounced 
does not include imprisonment anywhere, and pardon has been 
granted by the governor, such person may be restored to such 
forfeited rights of citizenship upon application, by petition, to 
the judge presiding at any term of the superior court held for the 
county in which the conviction was had, one year after such con- 
viction. 

Sec. 2. The petition shall set out the nature of the crime com petition what to 
initted, the time of conviction, the judgment of the court, and setfortb - 
that pardon has been granted by the governor, and also, that 
said crime was committed without felonious intent, and shall be 
verified by the oath of the applicant and accompanied by the Verified by oath 
affidavits of ten reputable citizens of the county, who shall state 
that they are well acquainted with the applicant and that in 
their opinion the crime was committed without felonious intent. 

Sec. 3. That no notice of the petition in such case shall be nee- 



140 



1899— Chapter 44— 45— 46. 



Notice and adver- 
tisement not 
necessary. 
Heard by judge 
in term time. 
Decree — clerk 
shall spread on 
minute docket. 



essary, and no advertisement thereof be made, but the same shall 
be heard by the judge, upon its presentation, during a term of 
court; and if he is satisfied [as] to the truth of the matters set 
out in the petition and affidavits, he shall decree the applicant's 
restoration to the last rights of citizenship, and the clerk shall 
spread the decree upon his minute docket of the proceedings of 
the term. 

Sec. 4. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 3d day of February, A. D. 1899. 



CHAPTER 45. 

An act relating to the department of agriculture, and taking from the 
board of commissioners of said department the power to contract for 
buildings. 

The General Assembly of North Carolina do enact : 

Commissioners of Section 1. That all authority or power heretofore conferred up- 

to contract for the on the department of agriculture, or upon 1 he commissioners of the 

buiidings'or for board of agriculture, or upon the executive committee of said 

repair to same. board, or upon any person acting for and in behalf of said board 

to contract for the erection of buildings, or for the repair of the 

same, or for any additions thereto, be and the same is hereby 

withdrawn and repealed, and all contracts made with them after 

the passage of this act shall be void. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. 1). 1899. 



Hunting forbid- 
den— Gaston and 
Catawba coun- 
ties. 



Misdemeanor. 



CHAPTER 46. 

An act to prohibit hunting on any lands in Gaston and Catawba counties 
except by consent of owner. 

TJie General Assembly of North Carolina do enact : 

Section 1. That it shall be unlawful for any person to hunt 
upon the lands of another in Gaston and Catawba counties, with 
or without gun or dogs, except by consent of the owner. 

Sec. 2. That any person so offending shall be deemed guilty of 
a misdemeanor, and upon conviction shall Jbe fined not less than 
five nor more than ten dollars for* each and every offense. 

Sec. 3. That this act shall be in force from and after April the 
first, eighteen hundred and ninety-nine. 

Ratified the 8th day of February, A. D. 1899. 



1899— Chapter 47—48. 141 

CHAPTER 47. 

An act to prevent the spreading of disease among hogs and fowls in 
Edgecombe and Gates counties. 

The General Assembly of North Carolina do enact : 

Section 1. That it shall be unlawful for any person or persons Diseased hogs 
within the limits of Edgecombe or Gates counties owning hogs bfddemto ran »t 
or fowls that have cholera or other infectious disease, to permit large, 
the same to run at large. 

Sec. 2. That the owner of hogs or fowls that die with cholera owners must 
or other infectious disease, shall bury at least three feet under carcasses ofdu- 
the soil or burn or have buried or burnt, said hogs or fowls at eased hogs or 
once. 

Sec. 8. That any one violating the provisions of this act shall Misdemeanor, 
be guilty of a misdemeanor, and upon conviction be fined not 
less than five dollars (15), nor more than ten dollars ($10). or im 
prisoned for not more than thirty days for each offense. 

Sec. 4. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1899. 



CHAPTER 48. 



An act to incorporate the East Tennessee and Western North Carolina 
Railroad Company. 

The General Assembly of North Carolina do enact : 

Section 1. That R. F. Hoke, J. S. Wise, C. H. Minson, John Body politic, etc. 
Ward, R. S. Reinhardt and Van Wyck Hoke, and their successors, 
associates and assigns, be and they are hereby constituted and 
created a body politic and corporate by the name of the East Name. 
Tennessee and Western North Carolina Railroad Company, and 
as such shall have the powers herein granted in perpetuity. Powers in pe r . 
That said company may, by that name, sue and be sued and petuity. 
plead and be impleaded in any court in this state; aud the said 
company shall have power and authority to make by laws and By-laws, etc. 
regulations for its government and management, to elector ap- Appomtmentjof 
point all necessary officers, and prescribe their powers and duties, °ffi eers . etc. 
and to have and use a common seal, which it may change or alter 
at pleasure. To acquire by purchase, lease or otherwise, and to 
hold, own, possess, mortgage, lease and sell or otherwise transfer May acquire 
such real, personal and mixed property as may be necessary or property, 
convenient to carry out the purposes of this charter, and to have 



142 



1899— Chapter 48. 



Powers, etc. 
Authority to 
build, operate, 
etc., railroad, 
where. 



Capital stock. 



Shares— vote. 



Stockholders- 
liability. 

Stock books to be 
opened. 



Organization- 
notice 



Directors. 



Subscriptions, in 
what made. 



Consolidation. 



and exercise all and every other power, privilege, franchise and 
right, common or necessary to similar corporations, and not in 
consistent with the laws of this state or the provisions of this act. 

Sec. 2. That the said company be and is hereby authorized and 
empowered to build, construct, maintain and operate a railroad, 
with one or more tracks, from some point on the Tennessee line 
near Cranberry in the county of Mitchell, North Carolina, to be 
selected by the president and directors of said company, through 
the counties of Mitchell, Caldwell, Burke, Catawba and Lincoln, 
to the line of the Carolina Central Railroad, at or near Lincolnton. 

Sec. 3. That the capital stock of said company shall be five 
thousand ($5,000), dollars and the same may be increased from 
time to time as the majority of the stockholders may determine, 
up to five hundred thousand ($500,000) dollars. That the stock 
of said company shall be in shares of one hundred ($100) dollars 
each, for which certificates shall be issued, and each share shall 
be entitled to one vote, and the stockholders shall not be individ- 
ually liable for anything beyond the amount of their said sub- 
scription to the said capital stock. That books of subscription 
shall be opened by the corporators, or a majority of them, at such 
times and places, and under such rules and regulations as they, or 
a majority of them, at such times and places, and under such 
rules and regulations as they or a majority of them may pre- 
scribe. That the said corporators, or a majority of them, acting 
in person or by proxy, after the sum of five thousand dollars has 
been subscribed, shall call a meeting of the subscribers to the 
said capital stock, for the purpose of completing the organization 
of the company, giving ten days' notice thereof in some paper 
published in the county of Mitchell or Lincoln; that at such 
meeting the stockholders shall elect a board of directors consist 
ing of seven members, who shall immediately elect one of their 
number president of the company. 

Sec. 4. That subscriptions to the capital stock of said company 
may be made in money, land, labor or material necessary for the 
construction or equipment of said road, in bonds, stocks or other 
valuable credits, in such manner and on such terms as may be 
agreed upon by the president and directors of said company. 

SEC. 5. That said company is hereby authorized and empow- 
ered to merge and consolidate its capital stock, estate, real, per- 
sonal and mixed, franchises, rights, privileges and property with 
those of any other railroad company or companies chartered by 
and organized under the laws of this state or any other slate or 
states, whenever a majority of ihe stockholders of this company 
shall so desire, when the two or more railroads so to be merged 
and consolidated shall and may form a continuous line of railroad 
with each other, or by means of intervening road or roads; and 



1899 -Chapter 48. 143 

said consolidation may be effected by its directors in such man- 
ner and on such terms and conditions and under such name and 
style as a majority of the stockholders may determine or approve, Directors in con- 
and the number of the directors of the said consolidated corpora- so a on " 
tion shall consist of not less than seven persons. That said direct President, 
ors, or a majority of them, shall elect a president, and shall ap- 
point such officers as may be deemed necessary ; shall establish a Common seal, 
common seal and do such other acts as may be necessary for the 
conduct of a corporation so formed ; and the said directors or a Principal office, 
majority of them may establish the principal office of said con- 
solidated company at such place, on the line of the consolidated 
company, as they may deem best: Provided, that the said con Proviso, 
solidated company maintains in this state an office or offices and 
agent or agents, upon whom process may be served; Provided 
further, that such consolidated corporation or corporations shall Proviso, 
be subject to the laws of the state of North Carolina having the 
privileges and subject to the liabilities granted and imposed by 
the laws of North Carolina, and such consolidated corporation Domestic cor- 
shall be a domestic corporation of the state of North Carolina. 

Sec. 6. That it shall and mav be lawful for any railroad or „.. 

Other companies 
transportation company created by the laws of this or any other may subscribe 

state from time to time to subscribe for. purchase or hold the 
stock and bonds, or either, of this company, or to guarantee or 
endorse such bonds or stock or either of them ; and it shall and 
may be lawful for any railroad or transportation company or 
companies created by the laws of this or any other state, to pur other companies 
chase, use or lease the road, property and franchises of this com- u ig y e ? ( urchase ' 
pany for such time and upon such terms as may be agreed upon 
between this company and such company or companies as shall 
be parties to the contract. That it shall be lawful for this com- 
pany to subscribe to or purchase and to hold the stock or bonds, M ay subscribe to 
or "both, of any other railroad or transportation company char- stock of other 
tered by this or any ether state, or to guarantee the stock or 
bonds of any such company, or to purchase, lease or operate the May purchase, 

road or line, property or franchise of any such railroad or trans- lease or operate 

1 L ■ other roads, 

portation company: Provided, that the road or line of such com- proviso. 

pany shall directly or by means of one or more intervening roads 
or lines, be connected with the road of this company. 

Sec. 7. That meetings of stockholders shall be held annually Meetings of stoek- 
at such time and place, either in this or another state, as may be ° ers ' 
determined by them, and at all annual meetings the president President and 
and directors shall render to the stockholders an account of the C ou\?t ^stock- 
affairs of the company. Special meetings of the stockholders may specfal meetings 
be called by the president, or by a majority of the directors, by 
notice mailed to each stockholder, or by publication in one or 



144 



1899— Chapter 48—49. 



Vice-president, 
treasurer, etc., by 
whom appointed. 



Directors— el ee- 
tion— term of 
office. 



Expenditures, 
debts, etc. 



May borrow 
money. 

Interest. 



Bonds 



Security. 



Benefits and 
restrictions. 



more newspapers in this state thirty days before said meeting, 
and notices of annual meetings shall be likewise published. 

Sec. 8. That the president and board of directors of this com- 
pany shall have the power of appointing a vice president, treas- 
urer, and such other officers and agents as may be necessary for 
conducting the construction and management of the railroad 
authorized by this act. The directors shall be elected annually 
by the stockholders, and shall remain in office one year, or until 
their successors are elected ; and in case of vacancies occurring 
by death or resignation in the office of director, the same may be 
filled by the directors until the next meeting of the stockholders. 

Sec. 9. The president and directors of said company, under au- 
thority from the stockholders, shall have power to make such ex- 
penditures and contract such debts as may be necessary for the 
construction and operation of the railroad authorized by this act. 

Sec. 10. That authority is given to the said company to borrow 
money to such extent and in such manner as may be authorized 
by its stockholders, and to pay thereon such rates of interest, not 
exceeding six per cent, as may be deemed advisable, and to issue 
therefor such bonds, either coupon or registered, or other evi 
dences of debts, in such manner and of such form as may be de- 
termined by the president and directors; and to secure such loans, 
both as to principal and interest, by such mortgages or deeds 
of trust on the whole of the property, income or franchises of the 
company, or either or any part thereof. 

Sec. 11. That this company shall enjoy the benefits and be 
subject to the provisions of sections one thousand nine hundred 
and forty three to one thousand nine hundred and fifty-one, in- 
clusive, of chapter forty nine of The Code of North Carolina, in 
respect to the acquisition of land by condemnation. 

Sec. 12. That this act shall go into effect from and after its 
ratification. 

Ratified the 8th day of February, A. D. 1899. 



CHAPTER 49. 

An act to amend chapter one hundred and five of public laws of eighteen 
hundred and ninety-five. 



Relating to trial 
of title to office. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and five, public laws of 
eighteen hundred and ninety -five, be and the same is hereby 
amended as follows: Strike out section two and put "two" in 
place of "three" in section three, and add to section one the fol- 
lowing: At any time after a duly verified complaint is filed alleg- 



1899— Chapter 49—50. 145 

ing facts sufficient to entitle plaintiff to the office, whether such Plaintiff may 
complaint is filed at the beginning of the action or later, the m 
plaintiff may, upon ten clays' notice to the defendant or his at- 
torney of record, move before the resident judge ur the judge 
riding the district at chambers, to require the defendant to give 
said undertaking ; and it shall be the duty of the judge to require Duty of judge, 
the defendant to give such undertaking within ten days, and if 
the undertaking shall not be so given, the judge shall render 
judgment in favor of plaintiff and against defendant for the recov" 
ery of the office and the costs, and a judgment by default and in- judgment by de- 
quiry to be executed at term for damages, including loss of fees a*t l te t rD?for nqUiry 
and salary. Upon the filing of said judgment for the recovery of damages, etc. 
such office with the clerk, it shall be the duty of the clerk to issue 
and the sheriff to serve the necessary process to put plaintiff into 
possession of the office. In case defendant shall give the under- Judgment, 
taking, the court, if judgment is rendered for plaintiff, shall ren. 
der judgment against the defendant and his sureties for costs and 
damages, including loss of fees and salary: Provided, that noth- Proviso, 
ing herein shall prevent the judge's extending, for cause, the time 
in which to give the undertaking. 

Sec. 2. This act shall be in force from and after its ratification 

Ratified the 8th day of February, A. D. 1899. 



CHAPTER 50. 
An act to validate certain oaths. 

The General Assembly of North Carolina do enact : 

Section 1. That all oaths and affidavits heretofore adminis TT , . , .. 

" validation of cen- 
tered by authorized officers to persons with uplifted hands be tain oaths. 

and the same are hereby validated and made as legal and bind, 
ing as if administered to persons laying hands on and kissing the 
Holy Evangelists of Almighty God, whether said oaths and affi- 
davits were made by persons conscientiously scrupulous of tak- 
ing a "book oath" or not, and whether such oaths and affidavits 
were made in other respects in strict compliance with [section] 

three thousand three hundred and ten of The Code or not : Pro „ 

■ Proviso. 
vided, that this act shall not affect the rights of the parties* in 

actions now pending nor in any manner affect prosecutions for 

perjury claimed to have been heretofore committed. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 8th day of February, A. D. 1899. 

10 



146 



1899— Chapter 51—52—53. 



Board of directors 
of State's Prison 
may meet any- 
where in Raleigh. 



CHAPTER 51. 

An act supplemental to an " Act to incorporate the State's Prison, and 
provide for the government thereof," ratified the twenty-sixth day of 
January, eighteen hundred and ninety-nine. 

The General Assembly of North Carolina do enact : 

Section 1. That if for any cause the board of directors of the 
State's Prison find it impracticable to meet in the penitentiary or 
State's Prison on February ten, eighteen hundred and ninety-nine, 
as directed by the provisions of an act, entitled "An act to incor- 
porate the State's Prison of North Carolina, and provide for the 
government thereof,'* ratified the twenty sixth day of January, 
eighteen hundred and ninety nine, then, and in that event the 
said board of directors may meet on said tenth day of February, 
eighteen hundred and ninety-nine, at any place in the city of 
Raleigh which they may select. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of Februarv. A. ]). 1899. 



Chapter 35, laws 
1897, amendatory 
of section 2202, 
Code. 
Amended. 



CHAPTER 52. 

An act to amend chapter thirty-five of the public laws of the general as- 
sembly of eighteen hundred and ninety-seven, entitled "An act to 
amend section twenty-two hundred and two (2202) of The Code of 
North Carolina M 

The General Assembly of North Carolina do enact : 

Section 1. That chapter thirty five of the public laws of eigh- 
teen hundred and ninety seven be amended as follows : Strike out 
in line four (4), section one, the word "now" and substitute there- 
for "non." 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1899. 



Laws relating to 
state board of 
equalization 
repealed. 



CHAPTER 53. 

An act to repeal chapter five hundred and ten of the public laws of 
eighteen hundred and ninety-seyen. 

Tlte General Assembly of North Carolina do enact : 

Section 1. That chapter five hundred and ten (510) of the pub- 
lic laws of eighteen hundred and ninety-seven (1897) be and the 
same is hereby repealed. 

Sec. 2. That this act shall be in force from and after the date 
of its ratification. 

Ratified the 8th day of February, A. D. 1899. 



1899— Chapter 54. 147 



CHAPTER 54. 
An act to regulate fire insurance and other companies. 

The. General Assembly of North Carolina do enact : 

Section 1. This act may be cited as the North Carolina insiir- Title of act 
ance act of eighteen hundred and ninety-nine. When consistent 
with the context and not obviously used in a different sense, the 
term ''company'" or "insurance company," as used herein, in- use of terms, 
eludes all corporations, associations, partnerships, or individuals 
engaged as principals in the business of insurance; the word Domestic aad 
"domestic' - designates those companies incorporated or formed foreign as applied 
in this state and with home offices therein; and the word defined, 
"foreign," when used without limitation, includes all those 
formed by authority of any other state or government, and whose 
home office is not located in this state. 

Sec. 2. A contract of insurance is an agreement by which one contract of 
party for a consideration promises to pay money or its equivalent insurance - 
or to do some act of value to the assured upon the destruction, 
loss or injury of something in which the other party has an in- 
terest as an indemnity therefor; and it shall be unlawful for any 
company to make any contract of insurance upon or concerning 
any property or interest or lives in this state, or with any resi- 
dent thereof, or for any person as insurance agent or insurance 
broker to make, negotiate, solicit or in any manner aid in the 
transaction of such insurance, unless and except as authorized 
under the provisions of this act. All contracts of insurance on 
property, lives or interests in this state shall be deemed to be 
made therein. 

Insurance Department and Commissioner 

Sec. 3. There is hereby established a separate and distinct de- Department of 
partment. which shall be charged with the execution of laws j^ 1 e r ( anceestab ' 
passed in relation to insurance and other subjects placed under 
this department. The chief officer of said department shall be 
denominated the insurance commissioner J He shall be paid an official title of 
annual salary of two thousand dollars, to be paid in monthly in- cnief officer, 
stall men ts, which salary shall be in full for all services performed 
by said commissioner in any capacity, and all fees and moneys 
collected by him shall be paid into the state treasury monthly. 

Sec. 4. The insurance commissioner shall be elected by the i afura ncecom- 
legislature at its present session, and shall hold office until the l ? ls ?^ mer ' how 
first day of March, nineteen hundred and one, and until his sue Term of office, 
cessor is appointed. In January, nineteen hundred and one the 
governor by and with the consent of the senate shall appoint a 



148 



1899— Chapter 54. 



Vacancies occur- 
ring. 



Commissioner 
shall take oath 
and give bond. 



Commissioner 
shall submit 
annual report to 
governor. 



Biennial reports 
to legislatui e. 

Commissioner 
shall report 
changes deemed 
advisable in 
insurance laws. 



Clerical aid to 
commissioner. 



Shall furnish 
printed forms. 



Shal 1 pay over 
moneys received 
to state tieasurer. 



Reports shall be 
kept on file for 
public inspection. 



commissioner, whose term of office shall be for four years. Should 
a vacancy occur the governor shall appoint a person to serve for 
the unexpired term. 

Sec. 5. Every person elected or appointed as insurance com- 
missioner shall, before entering upon or continuing to discharge 
the duties of the office, take an oath of office and give a bond to 
the state for ten thousand dollars, with sufficient surety, to be 
approved by the state treasurer, conditioned for the faithful per- 
formance of the duties of said office during the term of said ap- 
pointment or election. 

r Sec. 6. The commissioner shall annually submit to the gover- 
nor a report of his official acts, and of the condition of all insur- 
ance and other companies, associations or orders under his de- 
partment, doing business in this state, with a condensed state- 
ment of their reports made to him, arranged in proper form for 
printing, together with a statement of the licenses, taxes and fees 
received by him from such companies and paid by him to the 
treasurer; and he shall biennially submit to the general assem- 
bly, through the governor, such annual reports and statements. 

Sec. 7. It shall be the duty of the insurance commissioner 
from time to time to report to the general assembly any change 
which in his opinion should be made in the laws relating to in- 
surance and other subjects appertaining to his department. 

Sec. 8. The insurance commissioner shall see that all laws re- 
lating to the companies, associations and orders under the insur- 
ance department are faithfully executed; he may employ in his 
department such clerical aid as he may deem necessary at an ex- 
pense per annum of not exceeding one thousand dollars. He 
shall furnish to each of the companies incorporated by this state, 
and to the attorneys or general agents of companies and associa- 
tions incorporated by other states, and foreign governments, do- 
ing business in this state, printed forms for all statements re- 
quired by law. He shall, on or before the fift h day of each month, 
pay over all taxes, licenses and fees which he may have received 
during the previous month to the state treasurer. He shall per- 
form all the duties now imposed upon the secretary of state, the 
auditor and state treasurer in regard to the examination, super- 
vision and conduct of these companies and associations or orders. 
Said insurance commissioner may administer oaths in the dis- 
charge of his official duty. 

Sec. 9. The insurance commissioner shall keep on file in his 
office, for the inspection of the public, all the reports received by 
him in obedience to this act. He shall keep and preserve in a 
permanent form" a record of his proceedings, including a concise 
statement of the result of all official examinations of companies: 
a report of the condition of receiverships of insolvent companies, 
an exhibit of the financial condition and business methods as die- 



1899— Chapter 54. 149 

closed by the official examinations of the same, or by their sev- 
eral statements; and such other information and comments in 
relation to insurance and the public interest therein as he may 
deem fit and proper to preserve. 

Sec. 10. The insurance commissioner shall possess all the pow- p ower s of com- 
ers, perform all the duties and be subject to all the penalties and mi ssioner. 
obligations now conferred by law upon the secretary of state or 
to which the secretary of state is subject in relation to insurance 
companies and the formation thereof under the laws relating 
thereto, so that every power and duty thereby conferred on the 
secretary of state shall, from and after the appointment of such 
commissioner, be transferred to and conferred upon the said com- 
missioner. The commissioner shall be required to report the 
whole amount of expenses of the department during the year; Report of ex- 
such report shall be made by or before the first day of February P enses - 
and five hundred copies for the use of the commissioner and two 
hundred copies for the use of the legislature shall be printed by 
the printer employed to print legislative documents. 

Sec. 11. The said commissioner, with the approval of the gov- Seal 
ernor. shall devise a seal, with suitable inscription, for his office, 
a description of which, with certificate of approval by the gov- 
ernor, shall be filed in the office of the secretary of state, with an 
impression thereof, which seal shall thereupon be and become 
the seal of office of the commissioner of the insurance depart- s ea i Q f office, 
ment, and the same may be renewed whenever necessary. Every 
certificate, assignment or conveyance executed by the said com- 
missioner, in pursuance of any authority conferred on him by law p apers with seal 

and sealed with his said seal of office, shall be received as evi- received as 

evidence 
dence and may be recorded in the proper recording offices, in the 

same manner and with like effect as a deed regularly acknowl- 
edged or proved before an officer authorized by law to take the 
proof of acknowledgment of deed, and all copies of papers in the 
office of the said commissioner, certified by him and authenti- 
cated by the said seal, shall in all cases be evidence equally and 
in like manner as the original. 

Sec. 12. All books, papers and documents, securities, stocks, certain books 

bonds and mortgages, and all other papers whatever in the office ordered deiiyex-ed 

° ° ' *? l to said commis- 

of the treasurer or auditor and in the office of the secretary of sioner. 

state, relating to the business of insurance, shall, on demand, be 

delivered and transferred to the insurance commissioner, and be 

and remain in his charge and custody. . 

Sec. 13. Before. granting certificates of authority to an insur- certain examina- 

ance companv to issue policies or make contracts of insurance he tion ordered 

r L made before 

shall be satisfied, by such examination and evidence as he sees granting certifi- 

fit to make and require, that such company is otherwise duly to companies to 7 
qualified under the laws of the state to transact business therein. do business. 



150 



1899— Chapter 54. 



Shall visit 
domestic com- 
panies. 



Empowered to 
visit and examine 
condition of 
foreign com- 
panies. 



Shall have access , 
to books. 



When commis- 
sioner may re- 
voke or suspend 
certificates of 
companies. 



Notification of 
suspension shall 
be published. 



May apply for 
injunctions. 



As often as once in three years he shall personally or by his deputy 
visit each domestic insurance company and thoroughly inspect 
and examine its affairs, especially as to its financial condition 
and ability to fulfill ils obligations and whether it has complied 
with the laws. He shall also make an examination of any such 
company whenever he deems it prudent to do so, or upon the re- 
quest of five or more of the stockholders, creditors, policy-holders 
or persons pecuniarily interested therein, who shall make affida 
vit of their belief, with specifications of their reasons therefor, 
that such company is in an unsound condition. Whenever he 
deems it prudent for the protection of policy holders in this state 
he shall in like manner visit and examine or cause to be visited 
and examined by some competent person or persons he may ap- 
point for that purpose, any foreign insurance company applying 
for admission or already admitted to do business by agencies in 
this state, and such company shall pay the proper charges in- 
curred in such examination, including the expenses of the com- 
missioner or his deputy and the expenses and compensation of 
his assistants employed therein/For the purposes aforesaid the 
commissioner or his deputy or persons making the examination 
shall have free access to all the books and papers of the insur- 
ance company that relate to its business, and to the books and 
papers kept by any of its agents, and may summon and qualify 
as witnesses under oath and examine the directors, officers, agents 
and trustees of any such company and any other persons, in re- 
lation to its affairs, transactions, and condition. 

SEC. 14. If he is of opinion upon examination or other evidence 
that a foreign insurance company is in an unsound condition, or 
if a life insurance company, that its actual funds, exclusive of its 
capital, are less than its liabilities; or if a foreign insurance com- 
pany, that it has failed to comply with the law, or if it. its offi- 
cers or agents refuse to submit to examination or to perform any 
legal obligation in relation thereto, he shall revoke or suspend all 
certificates of authority granted to it or its agents, and shall 
cause notifications thereof to be published in one or more news- 
papers published in this state, and no new business shall there- 
after be done by it or its agents in this state while such default 
or disability continues nor until its authority to do business is 
restored by the commissioner. If, upon examination, he is of 
opinion that any domestic insurance company is insolvent, or has 
exceeded its powers or has failed to comply with any provision of 
law, or that its condition is such as to render its further proceed 
ing hazardous to the public or to its policyholders, he shall re- 
voke its license, and if he deems it necessary he shall apply to a 
judge of the superior court to issue an injunction restraining it 
in whole or in part from further proceeding with its business. 



1899— Chapter 54. 151 

Such judge may in his discretion issue the injunction forthwith, 

or upon notice and hearing thereon, and after a full hearing of 

the matter may dissolve or modify such injunction or make it 

permanent, and may make all orders and decrees needful in the 

premises, and may appoint agents or receiver to take possession 

of the property and effects of the company and to settle its affairs- 

subject to such rules and orders as the court may from time to 

time prescribe, according to the course of proceedings in equity. 

Sec. 15. He shall, upon application, examine the proceedings shall examine 

of domestic companies to increase or reduce their capital stock- domesti^couv 

and when found conformable to law. shall endorse certificates panics desiring io 

increase or de- 
thereof , and shall issue certificates of authority to such compa crease stock. 

nies to transact business upon such increase or reduced capital. 

He shall not allow stockholders' obligations of any description 

as part of the assets or capital of any stock insurance company 

which may hereafter be organized, unless the same are secured 

by a competent collateral. 

Sec. 16. When legal process is served upon him as attorney for When legal pro- 
„. ixi •• * x- ■ j. j. -u cess is served 

a foreign company, under the provisions of section sixty-two, he upcm him as 

shall forthwith notify the company of such service by letter pre- foreign Company 

paid and directed to its secretary, or in the case of a foreign coun 

try, to its resident manager, if any, in the United States; and 

shall within two days after such service forward in the same 

manner a copy of the process served on him to such secretary or 

manager, or to such other person as may have been previously 

designated by the company by written notice filed in the office of 

the commissioner. As a condition of a valid and effectual service 

and of the duty of the commissioner in the premises, the 

plaintiff in such process shall pay to the insurance commissioner Plaintiff shall 

at the time of service thereof the sum of two dollars, which the St ume X o?JervtoS 

said plaintiff shall recover as taxable costs if he prevails in his 

suit. The insurance commissioner shall keep a record of all such 

proceedings which shall show the day and hour of service. 

Gene it al Deposits with the State Treasurer. 

Sec. 17. The treasurer of the state in his official capacitv shall Treasurer shall 

hold in trust de- 
take and hold in trust deposits made by any domestic insurance posits made by- 
company for the purpose of complying with the laws of any other P ani|l to dobusi- 

state to enable such companv to do business in such state. The 1 \ es . s in other 

1 J states. 

company making such a deposit shall be entitled to the income 

thereof, and may from time to time with the consent of the treas 

urer. when not forbidden by the law under which the deposit is 

made, change in whole or in part the securities which compose 

the deposit for other competent securities of equal par value. 

Upon request of any domestic insurance company the said treas- 



152 



1899— Chapter 54. 



Treasurer may 
return deposit 
on request of 
companies. 



May return de- 
posit made by 
foreign com- 
pany. 



Companies may 
bring suit in 
superior court to 
terminate trust. 



Process served on 
treasurer. 



Insurance com- 
panies shall do 
business- in cor- 
porate name. 



Publication of 

assets. 



urer may return to such companies the whole or any portion of 
the securities of such company held by him on deposit, when he 
shall be satisfied that the securities so asked to be returned are 
subject to no liability and not required to be longer held by any 
provision of law or purpose of the original deposit. And he may 
return to the trustees or other representatives authorized for that 
purpose of a foreign insurance company, any deposit made by 
such company when it shall appear that such company has ceased 
to do business in the state and is under no obligation to policy- 
holders or other persons in the state for whose benefit such de- 
posit was made. An insurance company which has made such 
deposit, or its trustees or resident managers in the United States, 
or the insurance commissioner, or any creditor of such company, 
may at any time bring in the superior court for the county of 
Wake a suit in equity against the state and other parties property 
[properly] joined therein, to enforce, administer or terminate the 
trust created by such deposit. The process in such suit shall be 
served on the treasurer of the state, who shall appear and answer 
in its behalf and perform such orders and decrees as the court 
may make thereupon. 

Sec. 18. Every insurance company, foreign or domestic, shall 
conduct its business in the state in its own proper and corporate 
name, and the policies and contracts of insurance issued by it 
shall be headed or entitled only by its proper or corporate name. 
When any such company publishes its assets it shall in the same 
connection and with equal conspicuousness publish its liabilities 
computed on the basis allowed for its annual statements, and 
any publications purporting to show its capital shall exhibit only 
the amount of such capital as has been actually paid in cash. 



North Carolina or " Domestic Companies," Organizations, etc. 



Insurance com- 
panies of this 
state, how gov- 
erned. 



When limitation 
of charter expires 
shall continue 
bodies corporate. 



Sec. 19. The general provisions of law relative to the powers, 
duties and liabilities of corporations shall apply to all incorpo- 
rated domestic insurance companies, so far as such provisions are 
pertinent and not in conflict with other provisions of law relative 
to such companies or with their charters. All insurance compa- 
nies of this state may be governed by this act, anything in their 
special charters to the contrary notwithstanding, providing no- 
tice of the acceptance of said act is filed with the insurance com- 
missioner. 

Sec. 20. Domestic insurance companies incorporated by special 
acts, whose charters are subject to limitation of time, shall after 
such limitation expires continue to be bodies corporate, subject 
to all general laws applicable to such companies. 

Sec. 21. No domestic insurance company shall issue policies 



1899— Chapter 54. / 153 



until upon examination ot the insurance commissioner, his deputy Companies shall 

.. . „ , , , .. , .,, ,, , „ , , not issue policies 

or examiner, it is found to have complied with the laws ot the until having com- 

state, nor until it has obtained from the insurance commissioner uf'ufelitate aWS 
a certificate setting forth that fact and authorizing it to issue I 
policies. ^—^ 

Sec. 22. Any such company may adopt by-laws for the conduct companies may 
of its business not repugnant to law or to its charter, and therein a lc p 
provide for Ihe division of its board of directors into two, ttiree 
or four classes, and the election thereof at its annual meetings in 
such manner as that the members of one class only shall retire 
and their successors be chosen each year. Vacancies in any such 
class may be filled by election by the board for the unexpired vacancies in 
term. Any such company may acquire and hold real estate for c asses - 
the convenient accommodation of its business at a cost not ex- May acquire real 
ceeding twenty-five per centum of its cash assets, and not other- 
wise, but may hold real estate under the conditions of any mort- 
gage owned by it, or by purchase or setoff on execution, upon 
judgment for debts due it in the course of its legitimate business: 
Provided, that this shall not apply to any company which has proviso. 

alreadv made investments in real estate in excess of the provis- «haii not apply to 

J L certain com- 

ions of this section. panies. 

Sec. 23. No such company shall make any condition or stipuJa- Relating to 

tion in its insurance contracts concerning the court or jurisdic- ^h company 7 

tion wherein any suit thereon may be brought, nor shall they 

limit the time within which such suit may be commenced to less 

than one year after the cause of action accrues, and any such 

condition or stipulation shall be void. 

Organization of Insurance Companies. 

Sec. 24. Insurance companies may be formed as provided in How com p an ie8 
section twenty five for any one of the following purposes, to wit: ma y be formed. 

First. To insure against loss or damage to property by fire, To insure against 
lightning or tornado, use and occupancy, and for non-occupancy, loss or damage, 
upon the stock or mutual plan. 

Second. To insure upon the stock or mutual plan, vessels, To insure upon 
freights, goods, money, effects, and money lent on bottomry or P ian,°etc! r mU Ua 
respondentia against the perils of the sea and other perils usually 
insured against by marine insurance, including risks of inland 
navigation and transportation. 

Third. To guarantee the fidelity of persons in positions of trust, Bond and trust 
private or public, and to act as surety on official bonds and for companies, 
the performance of other obligations. 

Fourth. To insure against loss or damage to property of the insurance against 
assured, or loss or damage to the life, person or property of an- toilers. steam 
other for which the assured is liable, caused by the explosion of 
steam boilers. 



154 



1899— Chapter 54. 



Insurance against 
bodily injury. 



Breakage of plate 
glass, etc. 

Damage by 
water. 



Accidents from 
elevators, etc. 



Credit insurance. 



Insurance by fire 
companies, sub- 
ject insurable. 



Contracts of this 
nature may not 
be incorporated 
in certain instru- 
ments. 



Procedure for 
incorporation. 

Number of cor- 
porators neces- 
sary. 



Name. 



Class of insur- 
ance. 



Place of location. 



Title of company. 



Fifth. To insure any person against bodily injury or death by 
accident, or any person, firm or corporation against loss or dam- 
age on account of the bodily injury or death by accident of any 
person, for which loss or damage said person, firm or corporation 
is responsible. 

Sixth. To insure against the breakage ot plate glass, local or 
in transit. 

Seventh. To insure against loss or damage by water to any 
goods or premises arising or leakage of sprinklers and water 
pipes. 

Eighth. To insure against loss or damage to property arising 
from accidents to elevators, bicycles and vehicles, except rolling 
stock of railways. 

Ninth. To carry on the business commonly known as credit in- 
surance or guaranty, either by agreeing to purchase uncollectible 
debts or otherwise to insure against loss or damage from the fail- 
ure of persons indebted to the assured to meet their liabilities. 

All insurance companies authorized to transact fire insurance 
business in this state may. in addition to the business which they 
are now authorized by law to do, insure sprinklers, pumps and 
other apparatus erected or put in position for the purpose of ex- 
tinguishing fires, against damage, loss or injury resulting from 
accidental causes other than fire; and also insure any property 
which such companies are authorized to insure against loss or 
damage by fire, against damage, loss or injury by water or other- 
wise, resulting from the accidental breaking off or injury to such 
sprinklers, pumps or other apparatus, arising from causes other 
than fire. Contracts of insurance of this kind, provided for in 
this paragraph, shall not be incorporated in any contract of in- 
surance against loss oi damage by fire, but shall be contained in 
separate and distinct policies, the conditions of which shall be 
prescribed by the insurance commissioner for the state. 

Sec. 25. The procedure for organizing such a corporation shall 
be as follows: The proposed corporators, a majority of whom 
must be residents of the state and not less than ten. shall sub- 
scribe articles of association setting forth their intention to form 
a corporation ; its proposed name, which must not so closely re- 
semble the name of an existing- corporation doing business under 
the laws of this state as to be likely to mislead the public, and 
must be approved by the insurance commissioner; the class of in- 
surance it proposes to transact and on what business plan or prin- 
ciple; the place within the state of its location, and, if on the 
stock plan, the amount of its capital stock. The words "insur- 
ance company" must be a part of the title of any such corpora- 
tion, and also the word '"mutual.'* if it is organized upon the mu- 
tual principle. The first meeting for the purpose of organization 



1899— Chapter 54. 155 

shall be called by a notice signed by one or more of the subscrib First meeting. 

ers to the articles of the association, stating the time, place and 

purpose of the meeting, a copy whereof shall, seven days at least 

before the appointed time, be given to each subscriber, or left at 

his usual place of business or residence, or duly mailed to his 

post office address. And whoever gives such notice shall make 

affidavit thereof, which shall include a copy of the notice and be Affidavit shall be 

entered upon the records of the corporation. At such first meet- made of notice - 

ing, including any adjournment thereof, an organization shall be Organization 

effected by the choice of a temporary clerk, who shall be sworn, a t sai^meeMn 3 ^ 

by the adoption of by laws and by the election of directors and 

such other officers as the by-laws may require; but at such first 

meeting no person shall be elected director who has not signed 

the articles of association. The temporary clerk shall record the 

proceedings until and including the choice and qualification of 

the secretary. The directors so chosen shall elect a president. Election of 

secretary and other officers which under the by laws they are so rectors. 

authorized to choose. The president, secretary and a majority Articles of asso- 

.„ ciaiion shall be 
of the directors, shall forthwith make, sign and swear to a certm- submitted. 

cate setting forth a copy of the articles of association, with the 

names of the subscribers thereto, the date of the first meetings 

and of any adjournments thereof, and shall submit such certifi 

cate and the records of the corporation to the insurance commis. 

sioner, who shall examine the same, and who may require such 

other evidence as he may deem necessary. The insurance com- Certificate shall 

missioner. if it appears that the requirements of the law as herein 

have been complied with, shall certify the fact and his approval 

of the certificate, by endorsement thereon. Such certificate shall 

thereupon be filed by said officers in the office of the secretary of 

state, who, upon payment of a fee of twenty five dollars, shall 

cause the certificate with the endorsement thereon to be recorded, 

and shall issue a certificate in the following form: 

State of North Carolina. 

Be it know that whereas (here the names of the subscribers to Form of certifi- 
the articles of association shall be inserted) have associated them - ca e * 
selves with the intention of forming a corporation under the 
name of (here the name of the corporation shail be inserted), for 
the purpose (here the purpose declared in the articles of associa- 
tion shall be inserted), with a capital (or with a permanent fund) 
of (here the amount of capital or permanent fund fixed in the 
articles of association shall be inserted) and have complied with 
the provisions of the statute of this state in such case made and 
provided, as appears from the certificate of the president, secretary 
and directors of said corporation, duly approved by the insur- 
ance commissioner and recorded in this office: Now, therefore, I, 



156 



1899— Chapter 54. 



Secretary shall 
sign same. 



(here the name of the secretary shall be inserted), secretary of the 
state of North Carolina, do hereby certify that said (here the 
names of the subscribers to the articles of association shall be in- 
serted), their associates and successors, are legally organized and 
established as, and are hereby made an existing corporation un- 
der the name of (here the name of the corporation be inserted), 
with the powers, rights and privileges and subject to the duties, 
liabilities and restrictions which by law appertain thereto. 
Witness my official signature hereunto subscribed, and the seal 

of the state of North Carolina hereunto affixed, this the day 

of , in the year (in these blanks the day, month and 

year of execution of this certificate shall be inserted; and in the 
case of purely mutual companies, so much as relates to capital 
stock shall be omitted). 

The secretary shall sign the same and cause the seal of the state 
to be thereto affixed, and such certificate shall have the force and 
effect of a special charter and be conclusive evidence of the or- 
ganization and establishment of such corporation. He shall also 
cause a record of such certificate to be made, and a certified copy 
of such record may be given in evidence with the like effect as 
the original certificate. 



Amount of Capital. 



risks. 



Plate glass risks. Skc. 26. No corporation so formed shall transact any other 
business than that specified in its charter and articles of associa 
tion. Companies to insure plate glass may organize with a capi- 
tal of not less than ten thousand dollars. Companies so formed 

Marine or inland insuring marine risks or inland risks upon the stock plan shall 
have a capital of not less than twenty-five thousand dollars. 
Companies for the purpose of transacting fire insurance on the 
stock plan, of fidelity insurance, of accident insurance, of steam 
boiler insurance, or for the transaction of the business authorized 
under the seventh, eighth and ninth paragraph of section twenty- 
four of this act, shall have a capital of not less than fifty thou- 
sand dollars. Companies may be so formed to insure mechanics' 
tools and apparatus against loss by fire for an amount not exceed- 
ing two hundred and fifty dollars in a single risk, with a capital 
of not less than ten thousand dollars, divided into shares of the 
par value of ten dollars each. 



Accident risks. 
Insurance of 
mechanics' tools, 
etc. 



When capital 
stock shall be 
paid. 



Payment and Investment of Capital. 

Sec. 27. The capital stock shall be paid in cash within twelve 
months from date of charter or certificate of organization, and no 
certificate of full shares and no policies shall be issued until the 
whole capital is paid in. A majority of the directors shall certify 



1899— Chapter 54. 157 

on oath that the money has been paid by the stockholders for Directors shall 
their respective shares and the same is held as the capital of the money haifbeen 
com] nny invested or to be invested as required by this section. P ai( i. 
Such capital shall be invested only as follows: 
First. In first mortgages of real estate in this state. How capital stock 

Second. In bonds of the United States or of any of the states ^rea Testate 
whose bonds do not sell for less than par. Bondf ageS ' 

Third. In the bonds or notes of any city, county or town of this Municipal bonds, 
state whose net indebtedness does not exceed five per cent of 
the last preceding valuation of the property therein for purposes 
of taxation. The term "net indebtedness" excludes any debt Term " net in- 
created to provide a supply of water for general domestic use, 
and allows credit for the sinking fund of a county, city, town or 
district, available for the payment of its indebtedness. 

Impairment, Increase and Reduction of Capital. 

Sec. 28. "When the net assets of a company do not amount to May ma k e capi- 
more than three-fourths of its original capital, it may make good ^1°^ stock 5688 " 
its capil al to the original amount by assessment of its stock. 
Shares on which such an assessment is not paid within sixty days shares on which 
after demand shall be forfeitable, and may be cancelled by vote u^pai^forfeft- 
of the directors, and new shares issued to make up the deficiency. able - 
If such company shall not within three months after notice from 
the insurance commissioner to that effect make good its capital Failure to make 

as aforesaid, or reduce the same as allowed by section , its forfeiture of' 

authority to transact new business of insurance shall be revoked charter, 
by said commissioner. 

Sec. 29. Any such company may issue pro rata to its stockhold- Company may 
ers certificates of any portion of its actual net surplus it may to stockholders 
deem fit to divide, which shall be deemed to be an increase of its surplus ° f ne * 
capital to the amount of such certificates. And such company 
may, at a meeting called for the purpose, vote to increase the 
amount and number of shares of its capital stock, and to issue May vote to in- 
certificates thereof when paid in full. In whichever mode the g^§ e ^P 11 * 1 
increase is made, the company shall within thirty days after the 
issue of such certificates, submit to the insurance commissioner a certificate of in- 
certificate setting forth the amount of the increase and the facts submitted to 6 
of the transaction, signed and sworn to by its president and sec- commissioner, 
retary and a majority of its directors. If the insurance commis- When commis- 
sioner finds that the facts conform to the law he shall endorse his prove, 
approval thereof; and upon filing such certificate so endorsed 
with the secretary of state, and the payment of a fee of five dol- 
lars for filing the same, the company may transact business upon 
the capital as increased, and the insurance commissioner shall 
issue his certificate to that effect. 

Sec. 30. When the capital stock of a company is impaired, such 



158 



1899— Chapter 54. 



When capital 
stock is impaired 
amount may be 
reduced. 



Certificate of re- 
duction shall be 
submitted to 
commissioner. 



Commissioner 
shall examine 
facts and endorse. 



Fee for films 



Company may 
require return of 
original certifi- 
cates of stock. 



Dividends shall 
-only be declared 
from actual net 
surplus. 



company may, upon a vote of the majority of the stock repre- 
sented at a meeting legally called for that purpose, reduce its cap- 
ital stock and the number of shares thereof to an amount not less 
than the minimum sum required by law. But no part of its assets 
and property shall be distributed to its stockholders. Within 
ten days after such meeting the company shall submit to the in- 
surance commissioner a certificate setting forth the proceedings 
thereof and the amount of such reduction and the assets and 
liabilities of the company, signed and sworn to by its president, 
secretary and a majority of its directors. The insurance com- 
missioner shall examine the facts in the case, and if the same 
conform to law and in his judgment the proposed reduction 
may be made without prejudice to the public, he shall endorse 
his approval upon the certificate. Upon filing the certificate so 
endorsed with the secretary of state and paying a fee of five dol- 
lars for the filing thereof, the company may transact business 
upon the basis of such reduced capital as though the same were 
its original capital, and its charter shall be deemed to be amended 
to conform thereto, and the insurance commissioner shall issue 
his certificate to that effect. Such company may by a majority 
vote of its directors, after such reduction, require the return of 
the original certificates of stock heid by each stockholder in ex- 
change for new certificates it may issue in lieu thereof for such 
number of shares as each stockholder is entitled to in the propor- 
tion that the reduced capital bears to the original capital. 

Sec. 31. No stock company shall make a dividend, either in 
cash or stock certificate, except from its actual net surplus com 
puted as required by law in its annual statements, nor shall any 
company which has ceased to do new business of insurance divide 
any portion of its assets, except surplus to its stockholders, until 
it shall have performed or cancelled its policy obligation. 



Mutual Fire Companies. 

When flreinsur- Sec. 32. No policy shall be issued by a purely mutual fire in- 
he°ssued CieSmay surance company hereafter organized, nor by a mutual fire insur- 
ance company with a guaranty capital of less than fifty thousand 
dollars, until not less than two hundred thousand dollars of in 
surance, in not less than two hundred separate risks upon prop- 
erty located in North Carolina, has been subscribed for and en- 
tered on its books. But no policy shall be issued under this sec- 
tion until the president and the secretary of the company shall 
have certified under oath that each and every subscription for 
insurance in the list presented to the insurance commissioner for 
approval is genuine and made with an agreement with each and 
every subscriber for insurance that he will take the policies sub- 
scribed for by him within thirty days of the granting of a license 



President and 
secretary shall 
certify to sub- 
scription. 



1899— Chapter 54. 159 

to the company by the insurance commissioner to issue policies. 

For taking a false oath in respect to such certificates such officers False o*tb pr->se- 

shall be deemed guilty of the crime of perjury, and be subject to ( ' u,ed as perjury. 

the legal penalties therefor. No officer or other person whose 

duty it is to determine the character of the risks, and upon whose Pertain officers 

decision the application shall be accepted or rejected by a mutual ^ceive commis- 

fire insurance coinpanv, shall receive as anv part of his compen sion on pre- 

* " * miums. 

sation a commission upon the premiums, but his compensation 

shall be a fixed salary and such share in the net profits as the 

directors may determine. Nor shall such officer or person afore 

said be an employee of any officer or agent of the company. 

Members and Election. 

Sec. 33. Every person insured by a mutual fire insurance com p erson i nsure d 

panv shall be a member while his policv is in force, entitled to member of com- 

panv 
one vote for each policy he holds, and shall be notified of the Entitled to vote. 

time and place of holding its meetings by a written notice or by 
an imprint upon the back of each policy, receipt or certificate of 
renewal, as follows, to- wit: 

The assured is hereby notified that by virtue of this policy he Form of noli flea- 
is a member of the insurance company, and that the an- tion of meeting. 

nual meetings of said company are holden at its home office on 
the day of , in each year at o'clock. 

The blanks shall be dulv filled in print, and the same shall be „ 

J L Corporation may- 
deemed a sufficient notice. A corporation which becomes a mem. be represented 
, „ , ,, , ., . by authorized 
ber oi such company may authorize any person to represent it in persons. 

such company, and such representative shall have all the right s 
of an individual member. Any person holding property in trust 
may insure the same in such company, and as such trustee assume 
the liability and be entitled to the rights of a member, but shall 
not be personally liable upon such contract of insurance. Mem- 
bers may vote by proxies, dated and executed within three 
months, and returned and recorded on the books of the company 
three days or more before the meeting at which they are to be May vote by 
used; but no person shall be allowed as proxy or otherwise to P roxv - 
cast more than twenty votes. Every such company shall elect by Election of 
ballot a board of not less than seven directors, who shall manage directors - 
and conduct its business and who shall hold office for one year 
or for such terms as the by laws may provide and until their suc- 
cessors are qualified. Two-thirds at least of the directors shall be Two-thirds of 
citizens of the state, and after the first election members only cuizenson'he 1 be 
shall be eligib'e, but no director shall be disqualified from serving state, 
the term he was chosen for by reason of the expiration or cancel- 
lation of his policy: Provided, that in companies with a guaranty proviso, 
capital one-half of the directors shall be chosen by and from the S^anty^apUai 
stockholders. 



160 



1899— Chapter 54. 



Companies with a Guaranty Capital. 



Minimum and 

maximum 

capital. 



Stockholders 
entitled to semi- 
annual dividend. 



Guaranty capital, 
how applied. 



Directors may 
make capital 
good by assess- 
ments. 



Guaranty capital 

may be retired 

as permanent 

fund. 

Capital may be 

reduced. 



Notice of such 
action shall be 
given policy- 
holders. 



Division of assets, 
by company not 
doing new busi- 
ness. 



Sec. 34. A mutual fire insurance company may be formed as 
provided in section thirty-two, or a mutual fire insurance com- 
pany now existing may establish a guaranty capital of not less 
than twenty five thousand dollars nor more than two hundred 
thousand dollars, divided into shares of one hundred dollars each, 
which shall be invested in the same manner as is provided for the 
investment of the capital stock of certain insurance companies 
by section twenty seven of this act. The stockholders of the 
guaranty capital of a company shall be entitled to a semiannual 
dividend of not more than three and one-half per centum on 
their respective shares of the net profits or unused premiums left 
after all expenses, losses and liabilities then incurred, together 
with the reserve for reinsurance, as provided for, shall be suffi- 
cient to pay the same. The guaranty capital shall be applied to 
the payment of losses only when the company has exhausted its 
cash in hand, and the invested assets, exclusive of uncollected 
premiums, and when thus impaired, the directors may make good 
the whole or any part of it by assessments upon the contingent 
funds of the company at the date of such impairment. Share- 
holders and members of such companies shall be subject to the 
same provisions of law in respect to their right to vote as apply 
respectively to shareholders in stock companies and policy hold- 
ers in purely mutual companies; and such guaranty capital shall 
be retired when the permanent fund of the company equals two 
per centum of the amount insured upon all policies in force; and 
said guaranty capital may be reduced or retired by vote of the 
policy-holders of the company and the assent of the insurance 
commissioner: Provided, the net assets of the company above 
its reinsurance reserve and all other claims and obligations, ex- 
clusive of guaranty capital, for two years immediately preceding 
and including the date of its last annual statement, shall not be 
less than twenty-five per centum of the guaranty capital. Due 
notice of such proposed action on the part of the company shall 
be mailed to each policy-holder of the company not less than 
thirty days before the meeting when such action may be taken 
and shall also be advertised in two papers of general circulation, 
approved by the insurance commissioner, not less than three 
times a week for a period of not less than four weeks before said 
meeting. No insurance company with a guaranty capital, which 
has ceased to do new business, shall divide to its stockholders 
any part of its assets or guaranty capital except income from in- 
vestments until it shall have performed or cancelled its policy 
obligations. 



1899 -Chapter 54. 161 

Dividends and Assessments. 

Sec. 35. The directors of any mutual fire insurance company Directors may 

may from time to time bv vote fix and determine the amount to ^i!H??J° ,,,,„, 
J ■* amount oi uivi- 

be paid as a dividend upon policies expiring during each year. dend. 
Each policy-holder shall be liable to pay his proportional share Policy-holders 
of any assessments which may be laid by the company in accord- sifare of assess- 
ance with law and his contract on account of losses incurred while rnent. 
he was a member: Provided, he is notified of such assessments 
within one year after the expiration of his policy. Any mutual 
fire insurance company doing business with a fixed annual pre- 
mium may in its by-laws and policies fix the contingent liability contingent 
of its members for the payment of losses and expenses not pro. ^ T ^ l y o1 mem " 
vided for by its cash funds: Provided, that such contingent Proviso, 
liability of a member shall not be less than a sum equal to five 
times the cash premiums written in his policy and in addition Amount of such 
thereto. The total amount of the liability of the policy-holder 
shall be plainly and legibly stated upon the back of each policy. 
Whenever any reduction is made in the contingent liability of 
members, such reduction shall apply proportionally to all poli- 
cies in force. 

Assessments. 

Sec. 36. Whenever a mutual fire insurance company is not pos- Whenassess- 

sessed of cash funds above its reinsurance reserve sufficient for rnade SS a 

the payment of insured losses and expenses, it shall make an 

assessment for the amount needed to pay such losses and expenses 

upon its members liable to assessment therefor in proportion to 

heir several liability. The company shall cause to be recorded condition of 

in a book kept for that purpose the order for such assessment, com pa-ny at date 
^ l L ' of order shall be 

together with a statement which shall set forth the condition of recorded. 

the company at the date of the order, the amount of its cash 
assets and of its deposit, notes or other contingent funds liable to 
the assessment, the amount the assessment calls for and the par- 
ticular losses or liabilities it is made to provide for. Such record 
shall be made and signed by i he directors who voted for the or- order, how 
der before any part of the assessment is collected, and any person si s ned - 
liable to the assessment may inspect and take a copy of the same. 

Sec. 37. When by reason of depreciation or loss of its funds or when cash assets 
otherwise the cash assets of such a company, after providing for prem^um^gesl.* 1 
its other debts, are less than the required premium reserve upon ment shall be 
its policies, it shall make good the deficiency by assessment in the 
mode provided in the preceding section; and if the directors are 
of the opinion that the company is liable to become insolvent 
they may, instead of such assessment, make two assessments ; the 
first determining what each policy-holder must equitably pay or 

11 



162 



1899— Chapter 54. 



Policy shall be 
cancelled unless 
holder pays 
assessment. 



receive in case of withdrawal from the company and having his 
policy cancelled; the second, what further sum each must pay in 
order to reinsure the unexpired term of his policy at the same 
rate as the whole was insured at first. Each policy holder shall 
pay or receive according to the first assessment, and his policy 
shall be cancelled unless he pays the sum further determined by 
the second assessment, in which case his policy shall continue in 
force ; but in neither case shall a policy-holder receive or have 
credited to him more than he would have received on having his 
policy cancelled by vote of the directors under the by-laws. 



Capital stock. 



Examining titles 
to real esta e. 



Such company 
shall file certified 
copy with insur 
ance commis- 
sioner. 



Bhall file annual 
stalement. 



Insurance com- 
missioner em- 
powered to visit 
and examine 
such corpora- 
tions. 



No policy exceed- 
ing value of prop- 
erty shall be 
issued. 



Real Estate Title Insurance. 

Sec. 38. Companies may be formed in the manner provided in 
this chapter, with a capital of not less than fifty thousand dol 
lars nor more than two hundred and fifty thousand dollars for 
the purpose of examining titles to real estate, of furnishing infor- 
mation in relation thereto, and of insuring owners and others in- 
terested therein against loss by reason of incumbrances and de- 
fective title. Such companies shall not be subject to the provis- 
ions of this chapter except as regards the manner of their forma- 
tion and as follows, to-wit: Any such corporation, before it shall 
issue any policy or make any contract or guarantee of insurance, 
shall file with the insurance commissioner a certified copy of the 
record or the certificate of its organization in the office of the sec 
retary of state, and shall obtain from the insurance commissioner 
his certificate that it has complied with the laws applicable to it 
and is authorized to do business. Every such corporation shall, 
on or before the thirteenth day of January of each year, file in 
the office of the insurance commissioner a statement such as he 
may require of its condition and of its affairs for the year ending 
on the preceding thirty-first day of December, signed and sworn 
to by its president or secretary or treasurer and one of its direct- 
ors, and for neglect to file such annual statements or for making 
a willfully false statement shall be liable to the same penalties as 
are imposed upon insurance companies. The insurance commis- 
sioner shall have the same power and authority to visit and ex- 
amine such corporations as he has in the case of domestic insur- 
ance companies, and the duties and liabilities of such corpora- 
tions and their agents in reference to such examinations shall be 
the same as those of domestic insurance companies. 

Fire Insurance. 

Sec. 39. No insurance company shall knowingly issue any fire 
insurance policy upon property within this state for an amount 
which together with any existing insurance thereon exceeds the 
fair value of the property nor for a longer term than seven years. 



1899— Chapter 54. 163 

Sec. 40. "When buildings insured against loss by fire and situ- Liability of com- 

pany for bui I el- 
ated within this state are totally destroyed by fire, the company ings destroyed. 

shall not be liable beyond the actual cash value of the insured 
property at the time of the loss or damage; and if it shall appear 
that the insured has paid premium on a sum in excess of said 
actual value, the assured shall be reimbursed the proportionate 
excess of premium paid on the difference between the amount 
named in the policy and the ascertained values, with interest at 
six per centum per annum from the date of issue. Every insur- 
ance company transacting business in this state shall, upon receiv- 
ing notice of loss by fire of property in North Carolina, on which insurance com- 

it is liable under a policy of insurance, forthwith notify the in- missioner shall 

r •> be notified of 

surance commissioner thereof , and no insurance upon any such fires. 

property shall be paid by any company until one week after such Losses shall not 

notification. week* WitWn & 

Sec. 41. Where by an agreement with the assured or by the \y nen policy is 

terms of a fire insurance policy taken out by a mortgagor, the payable to 

° ° • • mortgagee, 

whole or any part of the loss thereon is payable to a mortgagee 

or mortgagees of the property for their benefit, the company 
shall, upon satisfactory proof of the rights and title of the par- 
ties, in accordance with such terms or agreement, pay all mort 
gagees protected by such policy in the order of their priority of 
claim, as'their claims shall appear, not beyond the amount for 
which the company is liable, and such payments shall be to the 
extent thereof, payment and satisfaction of the liabilities of the 
company under such policy. 

Sec. 42. In all insurance against loss by fire the conditions of conditions shall 

insurance shall be stated in full, and the rules and by laws of the be stated in policy 

J for loss against 

company shall not be considered as a warranty or a part of the fire. 

contract, except so far as they are incorporated in full into the 

policy. 

Standard Form of Fire Insurance Policy. 

Sec. 43. No fire insurance company shall issue fire insurance standard fire 
policies on property in this state other than those of the standard insurance form - 
form filed in the office of the insurance commissioners of the state, 
known and designated as the standard fire insurance policy of the 
state of North Carolina, except as follows: 

a. A company may print on or in its policies its name, location Facts contained 
and date of incorporation, the amount of its paid-up capital in form - 
stock, the names of its officers and agents, the number and date 
of^the policy, and if it be issued through an agent, the words, 
"This'policy shall not be valid until countersigned by the duly 

authorized manager or agent of the company at ," and after 

the words "standard fire insurance policy of the state of North other states 
Carolina," on the back of the form, the names of such other adoptin = fonn - 
.states as have adopted this standard form. 



164 



1899— Chapter 54. 



Description of 
property. 

Enumeration of 
perils insured 
against. 



Provisions modi- 
fying or adding 
to standard form 



Amount for 
which insured 
may be liable. 



Type used in 
printing. 



Form. 



Liability of 
company. 



b. A company may use in its policies written or printed forms 
of description and specification of the property insured. 

c. A company'insuring against damage by lightning may print 
in the clause, enumerating the perils insured against, the addi- 
tional words, "also any damage by lightning, whether fire ensues 
or not,"' and in the clause providing for an apportionment of loss 
in case of other insurance, the woi'ds, "whether by fire, light- 
ning, or both." 

d. A company may write or print upon the margin "or across 
the face of a policy, or write or print in type not smaller than 
long primer, upon separate slips or riders to be attached thereto, 
provisions adding to or modifying those contained in the standard 
form, and all such slips, riders and provisions must be signed by 
the officers or agents of the company so using them. 

e. Every mutual company shall cause to appear in the body of 
its policy the total amount for which the assured may be liable 
under the charter of said company. 

/. The said standard form of policy shall be plainly printed, 
and no portion thereof shall be in type smaller than the type 
used in printing the said form on file in the office of the insurance 
commissioners, and shall be as follows, to wit: 

No. ____ $ 

(Corporate name of the company or association ; its principal 
place or places of business.) 

In consideration of the stipulations herein named, and of 

dollars premiums, does insure for the term of , 

from the day, , 189__, at noon, to the day of 

189 ._, at noon, against all direct loss or damage by fire, except as 

hereinafter provided, to an amount not exceeding dollars, to 

the following-described property while located and contained as 
described herein, and not elsewhere, to wit- 

(Description of property insured.) 

This company shall not be liable beyond the actual cash value 
of the property at the time any loss or damage occurs, and the 
loss or damage shall be ascertained or estimated according to 
such actual cash value, with proper deduction for depreciation, 
however caused, and shall in no event exceed what it would then 
cost the insured to repair or replace ihe same with material of 
like kind and quality ; said ascertainment or estimate shall be 
made by the insured and this company, or, if they differ, then 
the appraisers, as hereinafter provided ; and the amount of loss 
or damage having been thus determined, the sum for which this 
company is liable, pursuant to this policy, shall be payable^sixty 



1899 -Chapter 54. 165 

days after due notice, ascertainment, estimate, and satisfactory 
proof of the loss have been received by this company in accord- 
ance with the terms of this policy. It shall be optional, however, Optional with 
with this company to take all or any part of the articles at such build or y pay loss. 
ascertained or appraised value, and also to repair, rebuild or replace 
the property lost or damaged with other of like kind and quality 
within a reasonable time on giving notice, within thirty days after ♦ 

the receipt of the proof herein required, of its intention to do so ; 
but there can be no abandonment to this company of the property 

described. This entire policy shall be void if the insured has con- Policy void if 

, , . , , . ,, . n „ , insured has mada 

cealed or misrepresented, in writing or otherwise, any material tact misrepresenta- 

or circumstance concerning this insurance or the subject thereof; when policies 
or if the interest of the insured in the property be not truly stated m ^ y be made 
herein; or in case of any fraud or false swearing by the insured 
touching any matter relating to this insurance or the subject 
thereof, whether before or after a loss. This entire policy, unless 
otherwise provided by agreement endorsed hereon or added 
hereto, shall be void if the insured now has or shall hereafter 
make or procure any other contract of insurance, Avhether valid 
or not, on property covered in whole or inpart by this policy ; or 
if the subject of insurance be a manufacturing establishment 
and if it be operated in whole or in part at night later than 
ten o'clock, or if it cease to be operated for more than ten 
consecutive days, or if the hazard be increased by any means 
within the control of [or] knowledge Of the insured; or if me- 
chanics be employed in building, altering or repairing the 
within-described premises for more than fifteen days at 
any one time, or if the interest of the insured be other than un- 
conditional and sole ownership; or if the subject of insurance be a 
building on ground not owned by the insured in fee simple; or if the 
subject of insurance be personal property, and be or become encum- 
bered by a chattel mortgage; or if, with the knowledge of the in- 
sured, foreclosure proceedings be commenced or notice given of sale 
of any property covered by this policy by virtue of any mortgage or 
trust deed; or if any change, other than by the death of an insured, 
take place in the interest, title or possession of the subject of insur- 
ance (except change of occupants Avithout increase of hazard) 
whether by legal process or judgment or by voluntary act of the 
insured or otherwise; or if this policy be assigned before a loss; or if 
illuminating gas or vapor be generated in the described building (or 
adjacent thereto) for use therein; or if (any usage or custom of trade 

or manufacture to the contrary notwithstanding) there be 

kept, used or allowed on the above-described premises, benzine, 
benzole, dynamite, ether, fireworks, gasoline, greek fire, gun- 
powder exceeding twenty-five pounds in quantity, naphtha, 
nitroglycerine or other explosives, phosphorus or petroleum, or 



166 



1899— Chapter 54. 



Not liable for 
losses caused by 
certain con- 
tingencies. 



Applications, 
surveys, etc., 
referred to a part 
of policy. 



Policy may be 
cancelled. 



any of its products, of greater inflammability than kerosene 
oil of the United States standard (which last may be used for 
lights and kept for sale according to law, but in quantities not 
exceeding five barrels, provided it be drawn and lamps tilled by 
daylight or at a distance not less than ten feet from artificial 
light); or if a building herein described, whether intended for 
occupancy by owner or tenant, be or become vacant or unoccu- 
pied and so remains for ten days. This company shall not be 
liable for loss caused directly or indirectly by invasion, insurrec- 
tion, riot, civil war or commotion, or military or usurped power, 
or by order of any civil authority; or by theft; or by neglect of 
the insured to use all reasonable means to save and preserve the 
property at and after a fire or when the property is endangered 
by fire in neighboring premises, or (unless fire ensues, and in that 
event, for the damage by fire only) by explosion of any kind or 
lightning; but liability for direct damage by lightning may be 
assumed by specific agreement hereon. If a building or any part 
thereof fall, except as the result of fire, all insurance by this 
policy on such building and its contents shall immediately cease. 
This company shall not be liable for loss to accounts, bills, cur- 
rency, deeds, evidences of debt, money, notes or securities, nor 
unless liability is specifically assumed hereon, for loss to awnings, 
bullion, casts, curiosities, drawings, dies, implements, jewels, 
manuscripts, medals, models, patterns, pictures, scientific appa- 
ratus, signs, store or office furniture or fixtures, sculpture, tools ; 
or property held on storage or for repairs, nor beyond the actual 
value destroyed by fire, for loss occasioned by ordinance or law 
regulating construction or repair of buildings, or by interruption 
of business, manufacturing processes, or otherwise, nor for any 
greater proportion of the value of plate glass, frescoes and deco- 
rations than that which this property shall have to the whole 
insurance on the building described. If an application, survey, 
plan or description of property be referred to in this policy it 
shall be a part of this contract and a warranty by the insured. 
In any matter relating to this insurance no person, unless duly 
authorized in writing, shall be deemed the agent of this com- 
pany. This policy may, by a renewal, be continued under the 
original stipulations, in consideration of premium for the re- 
newed term : Provided, that any increase of hazard must be made 
known to this company at the time of renewal, or this policy 
shall be void. This policy shall be cancelled at any time at the 
request of the insured, or by the company by giving five days' 
notice of such cancellation. If this policy shall be cancelled as 
hereinbefore provided, or become void or cease, the premium 
having been actually paid, the unearned portion shall be returned 
on surrender of this policy or last renewal, this company retain- 



1899— Chapter 54. 167 

ing the customary short rate, except that when this policy is can- Unearned por- 
„-,,,.. . . . . .. , ., , . i ,i tion of premium 

celled by this company by giving notice, it shall retain only the shall be repaid 

pro rata premium. If, with the consent of this company, an in- on cancellation of 

terest under this policy shall exist in favor of a mortgagee, or of interest existing 

1 J ° . . in favor of 

any person or corporation having an inteiest in the subject of in- mortgagee. 

surance other than the interest of the insured as described herein 
the conditions hereinbefore contained shall apply in the manner 
expressed in such provisions and conditions- of insurance relating 
to such interest as shall- be written upon, attached or appended 
hereto. If property covered by this policy is so endangered by property en- 
tire as to require removal to a place of safety, and is so removed, dangeredby fire, 
that part of this policy in excess of its proportion of any loss and 
of the value of property remaining in the original location, shall, 
for the ensuing five days only, cover the property so removed in 
the new location; if removed to moie than one location, such 
excess of this policy shall cover therein for such five days in the 
proportion that the value in any one such new location bears to 
the value in all such new locations: but this company shall not, 
in any case of removal, whether to one or more locations, be lia- 
ble beyond the proportion that the amount hereby issued shall Liability of 
bear to the total insurance on the whole property at the time of of removal, 
fire, whether the same cover in a new location or nor. If fire 

occur, the insured shali give immediate notice of any loss thereby Treasurer shall 
... ... ,, . '» ,. ,. give immediate 

in writing to this company, protect the property from further uo tice of loss. 

damage, forthwith separate the damaged and undamaged per- 
sonal property, put it in the best possible order, make a complete 
inventory of the same, stating the quantity and cost of each 
article and the amount claimed thereon; and within sixty days 
after the fire, unless such time is extended in writing by this 
company, shall render a statement to this company, signed and 
sworn to by said insured, stating the knowledge and belief of the 
insured as to the time and origin of the fire; the interest of the 
insured, and of all others in the property; the cash value of each 
item thereof, and the amount of loss thereon; all incumbrances 
thereon; all other insurance, whether valid or not, covering any 
of said property; and a copy of all the descriptions and schedules 
in all policies; any changes in the title, us-e, occupation, local 
tion, possession or exposures of said property since the issuing of 
this policy, by whom and for what purpose any building herein 
described, and the several parts thereof were occupied at the time 
of fire, and shall furnish, if required, verified plans and specifi- 
cations of any building, fixtures or machinery destroyed or dam- 
aged; and shall also, if required, furnish a certificate of the mag- shall furnish cer- 
istrate or notary public (not interested in the claim as a creditor trat^ol- notary S ' 
or otherwise, nor related to the insured) living nearest the place P UDlic - 
of fire, stating that he has examined the circumstances and be- 



168 



1899— Chapter 54. 



Shall exhibit all 
that remains^of , 
property.,:. 



Shall produce 
books, accounts, 
etc. 



In event oi disa- 
greement, 
appraisers shall 
be appointed. 



Company 
does not 
wai ve provisions 
of charter by 
requirements 
relating to ap- 
praisal. 



Extent of liabili- 
ty of company. 



When company 
claims origin of 
fire caused by 
neglect, etc. 



When suit for 
action sustaina- 
ble. 



lieves the insured has honestly sustained loss to the amount that 
such magistrate or notary public shall certify. The insured, as 
often as required, shall exhibit to any person designated by this 
company all that remains of any property herein described, and 
submit to examination under oath by any person named by this 
company, and subscribe the same and, as often as required, shall 
produce for examination all books of account, bills, invoices and 
other vouchers, or certified copies thereof if originals be lost, at 
such reasonable place as may be designated by this company or 
its representative, and shall permit extracts and copies thereof to 
be made. In the event of disagreement as to the amount of loss, 
the same shall, as above provided, be ascertained by two compe- 
tent and disinterested appraisers, the insured and this company 
each selecting one, and the two so chosen shall first select a com- 
petent and disinterested umpire; the appraisers together shall 
then estimate and app'aise the loss, stating separately sound 
value and damages, and failing to agree, shall submit their differ- 
ences to the umpire; and the award in writing of any two shall 
determine the amount of such loss; the parties thereto shall pay 
the appraisers respectively selected by them, and shall bear 
equally the expenses of the appraisal and umpire. This company 
shall not be held to have Avaived any provision or condition of 
this policy or any forfeiture thereof by any requirement, act or 
proceeding on its part relating to the appraisal or to any exami- 
nation herein provided for, and the loss shall not become payable 
until sixty days after the notice, ascertainment, estimate, and 
satisfactory proof of the loss herein required have been received 
by this company, including an award by appraisers when ap- 
praisal has been required. This company shall not be liable un- 
der this policy for a greater proportion of any loss on the described 
property or for loss by an expense of removal from premises en 
dangered by fire than the amount hereby insured shall bear to 
the whole insurance, whether valid or not, or by solvent or insol- 
vent insurers, covering such property, and the extent of the ap- 
plication of the insurance under this policy or of the contribu 
tion to be made by this company in case of loss may be provided 
for by agreement or condition written hereon or attached or ap- 
pended hereto. Liability for reinsurance shall be as specifically 
agreed hereon. If this company shall claim that the fire was 
caused by the act or neglect of any person or corporation, private 
or municipal, this company shall, on payment of the loss, be sub- 
rogated to the extent of such payment to all right of recovery by 
the insured for the loss resulting therefrom, and such right shall 
be assigned to this company by the insured on receiving such 
payment. No suit or action on this policy, for the recovery of 
any claim, shall be sustainable in any court of law or equity until 



1899— Chapter 54. 169 

after full compliance by the insured with all the foregoing re- 
quirements, nor unless commenced within twelve months nest 
after the fire. Wherever in this policy the word "insured" oc- ^insured'^shaii 
curs, it shall be held to include the legal representative of the in- representative of 
sured, and wherever the word "loss" occurs, it shall be deemed person insured, 
the equivalent of "loss" or "damage." If this policy be made by 
a mutual or other company having special regulations lawfully 
applicable to its organization, membership, policies or contracts 
of insurance, such regulations shall apply to and form a part of 
this policy as the same may be written or printed upon, attached 
or appended hereto. This policy is made and accepted subject 
to the foregoing stipulations and conditions, together with such 
other provisions, agreements or conditions as may be endorsed 
hereon or added hereto, and no officer, agent or other represen- n agents or 
tatire of this companv shall have power to waive any provision sbauTave^ower 
or conditions of this policy except such as by the terms of this to wajveproyis- 
policy maybe the subject of agreement endorsed hereon or added 
hereto, and as to such provisions and conditions no officer, agent 
or representative shall have such power or be deemed or held to 
have waived such provisions or condtions, unless such privilege 
or permission affecting the insurance under this policy exist or be 
claimed by the insured unless so written or attached. 

In witness whereof, this company has executed and attested 

1hese presents, this day of , [A. L\] 1__ 

Secretary. 
President. 

g. No provisions of this act shall be construed to limit insur- 
ance companies to the use of any particular size or manner of 
folding the paper upon which their policies may be issued. And 
the word "together" in line two hundred and fifty-nine, section 
forty-three, shall not be construed to forbid the making of esti- 
mates by either of the appraisers when not in the presence of the 
other, but only that they shall come together for a final estimate ^P^S^th. 
and appraisal of the loss or damage. estimate** 1 

Sec. 44. Any insurance company which shall cause to be issued, rjse of forms 
and any agent who shall make, issue, or deliver a policy of fire ard?un^awfui and " 
insurance other than the standard form of fire insurance policy, 
in willful violation of this act, shall forfeit for each offense not 
less than fifty nor more than two hundred dollars; but such 
polisy shall nevertheless be binding upon the company issuing 
the same. 

Fidelity Insurance. 

Sec. 45. That whenes-er, by the law of North Carolina, or by the Bonds, etc., 
regulation of any board, body or organization in this state, any fucnTompanles 
bond, recognizance, obligation or undertaking is required of. per- snali be accepted. 



170 



1899— Chapter 54. 



Proviso. 

Clerk of court 
may exercise 
discretion. 



Powers of such 
companies. 



Such companies 
shall keep resi- 
dent agent in 
North Carolina. 



mitted to be made, given, tendered or filed by any sheriff, clerk 
of a court, register of deeds, tax collector, treasurer, constable or 
coroner, mayor, clerk, policeman, weigher or standard-keeper of 
any county, city, town or township in this state, or by any trus- 
tee, receiver, guardian, administrator, executor, assignee, or any 
other fiduciary and party to a civil action or proceeding, either for 
the prosecution thereof or for any other purpose whatsoever in 
the course of the action, or by any officer of any town or city, 
conditioned for the doing or not doing of anything, in such bond, 
recognizance, obligation or undertaking specified, any and all 
clerks of the superior courts, municipal officecs, boards, courts 
and judges, now or hereafter permitted to accept, approve or pass 
upon the sufficiency of such bond, recognizance, obligation or 
undertaking shall accept such bond, recognizance, obligation or 
undertaking, and approve the same, whenever the same is exe- 
cuted or the conditions thereof are guaranteed by a corporation 
of this or any other state, which corporation under its charter is 
authorized to act as guardian or other trustee, or to guarantee 
the fidelity of any persons holding places of public and private 
trusts, and to guarantee the performance of contracts, other than 
insurance policies, and to execute and guarantee bonds and un- 
dertakings required or permitted in actions or proceedings, or by 
law allowed; whenever such bond, recognizance, obligation or 
undertaking is so required or permitted to be made, given, ten- 
dered or filed with one surety, or with two or more sureties, the 
execution of the same, or the guaranteeing of the performance 
of the condition thereof shall be sufficient when executed or guar- 
anteed solely by such company so authorized, and shall be in all 
respects a full and complete compliance with every requirement 
of every law, rule and regulation that such bond, recognizance, 
obligation or undertaking shall be executed by one surety or two 
sureties, and that such surety or sureties shall be residents or 
freeholders, and such bond, recognizance, obligation or under- 
taking shall be accepted and approved when executed by such 
company: Provided, the clerk of the superior court may have 
discretion as to the acceptance of any bond on which said com- 
pany or companies may become sureties on the bonds of guar- 
dians, executors, administrators, assignees, or other fiduciary or 
any other party to a civil action or proceeding. All such corpo- 
rations are hereby vested with full power and authority to exe- 
cute or guarantee such bond, recognizance, obligation or under- 
taking, whether given under the laws of this state or the United 
States, or any other state or country. 

Sec. 46. That before any such corporation shall be authorized 
to execute such bond, obligation or undertaking, it shall appoint 
and keep a general agent resident in North Carolina, upon whom 



1899— Chapter 54. 171 

all service of process and notice may be made, and it shall exhibit 
to the secretary of state a full statement of its assets and liabili- statement of 
ties; and the secretary shall examine into the solvency of said biiities shall be- 
corporation, and shall, if he deem it necessary, at the expense of made - 
such corporation, cause an examination to be made at the home 
office of such corporation of its assets and liabilities. This exami. 
nation shall be made from time to time, whenever the insurance 
commissioner of state shall deem it necessary. After such exam- 
ination shall have been made, the certificate of the insurance 
commissioner of state that the said corporation is solvent to an 
amount not less than one hundred thousand dollars shall be and 
the same is, until such certificate is revoked by him. hereby made 
equivalent to the jurisdiction of sureties by law. 

Sec. 47. That any corporation licensed by the insurance com- May be guardian., 
missioner of the state as aforesaid, may be guardian, trustee as- giving bond 1 
signee, receiver, executor or administrator in this state without 
giving any bond; and the clerks of the superior courts, or other 
officers charged with the duty, or clothed with the power of mak- 
ing such appointments, are hereby authorized to appoint such 
corporation to any such office, whether the said corporation be 
a resident of state or not. 

Sec. 48. Any company executing such bond, obligation or un- May be released 
dertaking may be released from its liability or security on the g&^ terms as ° n ' 
same terms as are or may be by law prescribed for the release of individual, 
individuals upon any such bonds, obligations or undertakings. 

Sec. 49. Any company which shall execute any bond, obliga- such company 
tion or undertaking under the provisions of this act shall be es cenainDroceed- 
topped in any proceeding to enforce the liability which it shall ings. 
assume to incur, to deny its corporate power to execute such in- 
strument or assume such liability. 

Sec. 50. For the license required in section two of this act, the License tax. 
corporation receiving the same shall pay to the insurance com- 
missioner of state a fee of one hundred dollars, which shall be 
by him paid to the state treasurer; and the insurance commis 
sioner of state shall immediately notify the clerk of the superior 
court of each county of such company as may have been licensed 
under this act. Whenever the insurance commissioner of state 
shall be satisfied chat any corporation licensed by him, as afore- 
said, has become insolvent, or is in imminent danger of insol- when insurance 
vency, he shall revoke the license granted to it, and notify the beiie^efcom^ 

clerk of the superior court of each county of such revocation ; and pany licensed by 

J him is insolvent, 

after such notification, the right of said corporation to hold any 

office, or be surety on any bond, as hereinbefore permitted, shall 

cease. 

Sec. 51. That the penalty of the several bonds required to be Penalty of bond 

given by officers of the respective counties shall be: By the ofsneriff - 



172 



1899— Chapter 54. 



In counties hav- 
ing no treasurer. 



Proviso. 
Sheriff. 



Treasurer. 
Register of deeds. 

Clerk of court. 

Coroner. 

Constable. 



Such bonds shall 
be received and 
accepted. 



Bonds shall be 
given for term 
of office to which 
officers chosen. 



sheriff, for the collection and settlement of state taxes according 
to law, a sum not exceeding the amount of the taxes assessed 
upon the county for state purposes in the previous year. 

Sec. 52. For the collection and settlement of county and other 
local taxes according to law, in counties having no county treas- 
urer, a sum not exceeding the amount of such county and other 
local taxes for the previous year; and in counties having a county 
treasurer a sum not exceeding one hundred (100) per centum of 
such county and other loca 1 taxes for the previous year (3) ; for the 
faithful performance of the duties of his office, as sheriff, a sum 
not exceeding five thousand dollars ($5,000): Provided, that every 
sheriff shall deposit the county and other local taxes by him col- 
lected with the county treasurer, if there be a county treasurer, 
as often as he shall collect or have in his possession at any one 
time of such county or local taxes, a sum equal to five hunched 
dollars (§500). By the county treasurer: For the faithful per- 
formance of the duties of his office as required by law, a sum not 
exceeding the amount of the county and local taxes assessed dur- 
ing the previous year. By the register of deeds : For the faithful 
performance of his duties as required by law, a sum not exceed- 
ing ten thousand dollars (§10,000). By the clerk of the superior 
court: For the faithful performance of his duties as required by 
law, a sum not exceeding fifteen thousand dollars ($15,000). and 
not less than ten thousand dollars ($10,000). By the coroner: For 
the faithful performance of his duties as required by law, a sum 
not exceeding two thousand dollars ($2,000). By the constable: 
For the faithful performance of his duties as required by law. a 
sum not exceeding one thousand dollars ($1,000). 

Sec. 53. That upon presentation to the person or persons au- 
thorized by law to take, accept and file official bonds, of any bond 
duly executed in the penal sum herein required by the officer 
chosen to any such office, as principal, and by any insurance or 
security company, as security thereto, whose insurance or guar- 
anty is accepted as security upon the bonds of United States 
bonded officials (such insurance company having complied with 
the insurance laws of the state of North Carolina), or by any 
other good and sufficient security thereto, such bond shall be re- 
ceived and accepted as sufficient, and the principal thereon shall 
be inducted into office. 

Sec. 54. That the bonds herein required shall be given for the 
term of the office to which such officers were chosen, respectively. 
They shall be carefully examined on the first Monday in Decern 
ber of every year, and if it shall appear that the security has 
been impaired, or for any cause become insufficient, to cause the 
amount of public money or property, or to secure the faithful 
performance of the duties of the office; then the bond shall be 



1899— Chapter 54. 173 

renewed or strengthened, the insufficient security increased Bonds may be 
within the limits herein prescribed, and the impaired shall be strengthened, 
mack' good, bat no renewal, or strengthening, or additional 
security shall make "cumulation," or otherwise increase the pen- 
alty of said bond beyond the limits herein prescribed for the term 
of office. 

Life Insurance and Life Insurance Companies. 

Sec. 55. All corporations, associations, partnerships or individ- what constitutes 
uals doing business in this state, under any charter, compact, companies 106 
agreement or statute of this or any other state, involving the 
payment of money or other thing of value to families or repre- 
sentatives of policy and certificate holders or members, condi- 
tioned upon the continuance or cessation of human life, or in- 
volving an insurance, guaranty, contract or pledge for the pay- 
ment of endowments or annuities, or who shall employ agents to 
solicit business, shall be deemed to be life insurance companies, 
and shall in all respects be subject to the laws herein made and shall be subject 
provided for the government of life insurance companies, and P °e»cTfbea rein 
shall not make any such insurance, guaranty, contract or pledge 
in this state, or to do with any citizen or resident thereof, which 
does not distinctly state the amount of benefits payable, the 
manner of payment and the consideration therefor. 

Sec. 56. A company organized under the laws of any other of Shall comply 
the United States for the transaction of life insurance may be before doing 
admitted to do business in this state, provided it complies with ©aroUna. m Nortb 
provision of section sixty-two applicable to life companies and 
in the opinion of the insurance commissioner is in sound finan- 
cial condition and has policies in force upon not less than five 
hundred lives for an aggregate amount of not less than five hun- 
dred thousand dollars. Any life company organized under the 
laws of any other country than the United States, in addition to 
the above requirement, must have and keep on deposit with some 
state insurance department or in the hands of trustees in exclu- shall deposit 
sive trust for the security of its contracts with policy- holders in contracts'* 
the United States, funds of an amount equal to the net value of 
all its policies in the United States and not less than two hun- 
dred thousand dollars. 

Sec. 57. No life insurance company doing business in North shall not make 
Carolina shall make any distinction or discrimination in favor of in- discriminations - 
dividuals between insurants of the same class an equal expec- 
tation of life in the amount of payment of premiums or rates 
charged for policies of life or endowment insurance, or in the 
dividends or other benefits payable thereon, or in any of the 
terms and conditions of the contracts it makes, nor shall any such 
company or any agent thereof make any contract of insurance or 



174 



1899— Chapter 54. 



No contracts 
shall be made 
ctiier than as 
expressed in the 
agreement. 

Rebate of premi- 
ums shall not be 
allowed. 



No risks shall be 
reinsured 
•except by consent 
of iusu ranee 
••commissioner. 



Medical examina- 
tions shall be 
made before 
policies are 
issued. 



Violation of these 
provisions a 
misdemeanor. 
Dividend of 
stockholders. 



May reduce 
capital. 
Lawful bene- 
ficiaries shall 
have preference 
■over creditors of 
insured. 



Policies payable 
to married 
women. 



Persons making 
false statements 
guilty of a 
: misdemeanor. 



agreement as to such contract other than as plainly expressed in 
the policy issued thereon: nor shal! any such company or agent 
pay or allow as inducement to insurance, any rebate of premium 
ptyable on the policy, or any special favor or advantage in the 
dividends or other benefit to accrue thereon, or any valuable 
consideration or inducement whatever not specified in the policy 
contract of insurance. 

Sec. 58. No domestic life insurance company shall reinsure its 
risks except by permission of the insurance commissioner, but 
may reinsure not exceeding one half of any individual risk. No 
life insurance company organized under the laws of or doing bus- 
iness in this state shall enter into any contract of insurance upon 
lives within this state without having previously made or caused 
to be made a prescribed medical examination of the insured by 
a registered medical practitioner. Any insurance company vio- 
lating this provision, or any officer, agent or other person solicit- 
ing or effecting, or attempting to effect, a contract of insurance 
contrary thereto, shall be deemed guilty of a misdemeanor and 
shall be punished by a fine not exceeding one hundred dollars 
for each offense. The stockholders of the guaranty capital of any 
such company shall be entitled to such annual dividends not ex- 
ceeding eight per centum, payable from the net surplus, as may 
have been agreed upon in the subscription thereof. And any 
such company may redeem its guaranty capital by appropriation 
of net surplus for that purpose whenever its members so vote. 

Sec. 5'J. When a policy of insurance is effected by any person 
on his own life, or another life in favor of some person other than 
himself having an insurable interest therein, the lawful benefi- 
ciary thereof, other than himself or his legal representatives, 
shall be entitled to its proceeds againsi the creditors and repre- 
sentatives of the person effecting the same; and the person to 
whom a policy of life insurance hereafter issued is made payable 
may maintain an action thereon in his own name. Every policy 
of life insurance made payable to or for the benefit of a married 
woman, or after its issue assigned, transferred, or in any way 
made payable to a married woman, to any person in trust for 
her or for her benefit, whether procured by herself, her husband 
or by any other person, and whether the assignment or transfer 
is made by her husband or by any other person, shall inure to 
her separate use and benefit and to that of her children. 

Sec. 60. Any solicitor, agent, examining physician or other per- 
son who shall knowingly or willfully make any false or fraudu- 
lent statement or representation in or with reference to any pub- 
lication for insurance, or who shall make any such statement for 
the purpose of obtaining fee, commission, money or benefit in 
any corporation transacting business under this act, shall be 



1899 -Chapter 54. 175 

guilty of a misdemeanor, and upon conviction shall be punished 
by a fine of not less than one hundred dollars nor more than five penalty. 
hundred dollars, or imprisonment in the county jail for not less 
than thirty days nor more than one year, or both, at the discre- 
tion of the court; and any person who shall willfully make a false 
statement of any material fact or thing in a sworn statement as 
to the death or disability of a policy or certificate holder in any 
such corporation, for the purpose of procuring payment of a 
benefit named in the cerificate of such holder, shall be guilty of 
perjury, and shall be proceeded against and punished as provided 
by the stautes of the state in relation to the crime of perjury. 

Foreign Insurance Companies. 

Sec. 61. Foreign insurance companies, upon complying with when foreign 
the conditions herein set forth applicable to such companies, ^^es'may'be 
may be admitted to transact in this state'by constituted agents busine^in'thfs 
resident therein any class of insurance authorized by the laws state. 
now or hereafter in force relative to the duties, obligations, pro- 
hibitions and penalties of insurance companies, and subject to 
all laws applicable to the transaction of'such business by foreign 
insurance companies and their agents: Provided, that no provis- Proviso. 

ion of law which by its terms applies specifically to domestic life Provisions re- 

, ,. ., , , . . . , „ . . ferrule specincal- 

msuranee companies shall thereby become applicable to roregin i y to domestic 

life insurance companies. ' STa^iy to** 11 

foreign com- 
CONDITIONS OF ADMISSION OF FOREIGN COMPANIES. panies. 

Sec. 62. No foreign insurance company shall be admitted and Wnen foreign 

authorized to do business until - companies shall 

be authorized to 
First. It shall deposit with the insurance commissioner a certi- do business. 

tied copy of its charter or deed of settlement and a statement of Sliall deposit 
its financial condition and business, in such form and detail as he ^th [nslirance 
may require, signed and sworn to by its president and secretary ci mmHsioner. 
or other proper officer, and shall pay for the filing of such state- 
ment the sum of twenty dollars. 

Second. It shall satisfy the insurance commissioner that it is shall satisfy 
fully and legally organized under the laws of its state or govern- ^atTt'isnufy 

ment to do the business it proposes to transact; that it has, if a and legally 

r c . organized, 

stock company, a fully paid up and unimpaired capital, exclusive 

of stockholders' obligations of any description, of an amount not 
less than ($100,000) one hundred thousand dollars: Provided, that Proviso, 
nothing in this subsection shall apply to companies now au- 
thorized to do business in this state; and if a mutual company, 
other than life, that its net cash assets equal to the capital re- Net casn receipts 
quired of like companies on the stock plan; or that it possesses ^[^eq^redoT 1 " 
net cash assets of not less than one hundred thousand dollars or like companies, 
net cash assets of not less than fifty thousand dollars, with also 



176 



1899- Chapter 54. 



Assets and capi- 
tal. 



Service of 
process. 



Shall obtain 
certificate from 
insurance com- 
missioner. 

Application for 
renewal of 
license. 



Annual state- 
ment of reinsur- 
ance contracted 
for required. 



Return shall be 
certified. 



invested assets of not less than one hundred thousand dollars, 
and, in each case, with additional contingent assets of not less 
than three hundred thousand dollars, and that such capital or 
net assets are well invested and immediately available for the 
payment of losses in this state; and that it insures on any single 
hazard a sum no larger than one-tenth of its net assets. 

Third. It shall by a duly executed instrument filed in his of- 
fice constitute and appoint the insurance commissioner, or his suc- 
cessor, its true and lawful attorney, upon whom all lawful pro- 
cesses in any action or legal proceeding against it may be served, 
and therein shall agree that any lawful process against it which 
may be served upon its said attorney shall be of the same force 
and validity as if served on the company, and the authority 
thereof shall continue in force irrevocable so long as any liability 
of the company remains outstanding in this commonwealth. 
The service of such process shall be made by leaving the same 
in the hands or office of the insurance commissioner. Copies of 
such instrument, certified by the insurance commissioner, shall 
be deemed sufficient evidence thereof, and service upon such at- 
torney shall be deemed sufficient service upon the principal. 

Fourth. It shall appoint as its agent or agents in the state some 
resident or residents thereof. 

Fifth. It shall obtain from the insurance commissioner a certifi- 
cate that it has complied with the laws of the state and is au- 
thorized to make contracts of insurance. 

Sec. 68. Whenever an applicant [application] for renewal, of 
license or for admission to this state is made by a company, 
Avhether of another state of the United States or of a foreign coun- 
try, for the transaction of business of fire insurance herein, such 
company shall, as one of the prerequisites of admission, file a sworn 
declaration signed by its president and secretary, or officers corre- 
sponding thereto, that it will not reinsure any risk or part thereof 
taken by it on any property located in North Carolina with any 
company not authorized to transact the business of fire insurance 
in said state. Every fire insurance company now or hereafter ad- 
mitted shall annually and at such other times as 1he insurance 
commissioner may require, in addition to all returns now by law 
required of it or its agents or managers, make a return to the in- 
surance commissioner in such form and detail as may be pre- 
scribed by him of all reinsurance contracted for or effected by it, 
directly or indirectly, upon property located in North Carolina, 
such return to be certified by the oath of its president and secre. 
tary if a company of one of the United States, and, if a company 
of a foreign country, by its president and secretary, or by officers 
corresponding thereto, as to reinsurance as aforesaid contracted 
for or effected through the foreign office, and by the United 



1899— Chapter 54. 177 

States manager as to such reinsurance effected by the United 

States branch; and if any company shall, directly or indirectly, 

reinsure »ny risk taken by it on any property located in North Refusal to mak« 

Carolina In any company not duty authorized to transact busi- shall cause 

ness herein, or if [it] shall refuse or neglect to make the returns revoked bG 

required by this act, the insurance commissioner shall revoke its 

authority to transact business in this state. 

Sec. 64. Such foreign company, if incorporated or associated sum equal to 
under the laws of any government or state other than the United shall be S dteposi ted 
States or one of the United States, shall not be admitted until, with treasurer, 
besides complying with the conditions of section sixty two, it has 
made a deposit with the treasurer of the state or with the finan- 
cial officer of some other state of the United States, of a sum not 
less than the capital required of like companies under this act. 
Such deposit must be in exclusive trust for the benefit and 
security of all the company's policy-holders and creditors in the 
United States, and may be made in the securities but subject to 
the limitations specified in section twenty-seven of this act, and 
such deposit shall be deemed for all purposes of the insurance 
laws the capital of the company making it. 

Sec. 65. No foreign insurance company hereafter admitted to companies shall' 

do business in the state shall be authorized to transact more than pay license fees;^. 

for each class. 
one class or kind of insurance therein, unless they shall pay the of business done.] 

license fees for each class and have the requisite capital for each 
business engaged in: Provided, that a life insurance company p rov i S0 . 
may do an accident business and a fire insurance company may Life company 
t ransact insurance as prescribed in section twenty- four, sub- sec- ma 7- d0 ther 
tion one, two and seven, with the payment of the largest license business, 
fees provided in this act for any one business done : Provided 
further, that no insurance company shall be required to pay p roV j SO> 
license fees amounting in the aggregate to more than three hun- 
dred and fifty dollars per annum. 

Sec. 66. The authority of a foreign insurance company may be Authority of 
revoked if it shall violate or neglect to comply with any provision Sjmif^may be 

of law obligatory upon it, and whenever in the opinion of the in- revoked for cer- 

. . .. ,.,. . ■,' .. , tain violations 

surance commissioner its condition is unsound, or its assets above of provisions. 

its liabilities, exclusive of capital and inclusive of unearned pre- 
miums estimated as provided in section sixty- seven, are less than 
the amount of its original capital or required unimpaired funds. 

Sec. 67. To determine the liability upon its contracts of an in- To determine 
surance company, other than life and real estate title insurance, ''^y 11 ^ con°° m ' 
and thence the amount such company shall hold as a reserve for tracts, 
reinsurance, he may take fifty per centum, or the actual un- 
earned portion of the premiums written in its policies. 



12 



178 



1899— Chapter 54. 



Brokers— Fire Insurance in Unauthorized Companies. 



License may be 
issued persons in 
this state to do 
business for 
foreign com- 
panies. 



Proviso. 



Such persons 
shall keep record 
of business done. 



Shall render 
report. 



Shall file annual 
statement with 
treasurer. 



Said agent or 
broker shall be 
held to be com- 
pany's agent. 



Sec. 68. The insurance commissioner, upon the annual pay- 
ment of a fee of twenty dollars, may issue licenses to citizens of 
this state, subject to revocation at any time, permitting the per 
son named therein to procure policies of fire insurance on prop- 
erty in this state in foreign insurance companies not authorized 
to transact business in this state. Before the person named in 
such a license shall procure any insurance in such companies or 
on any property in this state, he shall in every case execute and 
file with the insurance commissioner an affidavit that he is una- 
ble to procure in companies admitted to do business in the state 
the amount of insurance necessary to protect said property, and 
shall only procure insurance under such license after he has pro- 
cured insurance in companies admitted to do business in this 
state to the full amount which said companies are willing to write 
on said property: Provided, that such licensed person shall not 
be required to off er any portion of such insurance to any company 
which is not possessed of cash assets amounting to at least 
twenty five thousand dollars, or one which has, within the pre- 
ceding twelve months, been in an impaired condition. Each per- 
son so licensed shall keep a separate account of the business done 
under the license, a certified copy of which account he shall forth- 
with file with the insurance commissioner, showing the exact 
amount of such insurance placed by any person, firm or corpora- 
tion, the gross premium charged thereon, the companies in which 
the same is placed, the date of the policies and the term thereof, 
and also a report in the same detail of all such policies cancelled, 
and the gross return premiums thereon, and before receiving 
such license shall execute and deliver to the treasurer a bond in 
the penal sum of one thousand dollars, with such sureties as the 
treasurer shall approve, with a condition that the license will 
faithfully comply with all the requirements of this section, and 
will file with the treasurer, in January of each year, a sworn 
statement of the gross premiums charged for insurance procured 
or placed, and the gross returned premiums on such insurance 
cancelled under such license during the year ending on the thirty- 
first day of December next preceding, and at the time of filing 
such statement will pay into the treasurer [treasury] of the state- 
a sum equal to five per centum of such gross premiums, less such 
returned premiums so reported. 

Sec. 69. An insurance agent or broker who acts for a person 
other than himself in negotiating a contract of insurance com 
pany shall, for the purpose of receiving the premium therefor, be 
held to be the company r s agent, whatever conditions or stipula 
tions may be contained .in the policy or contract; such agent or 



1899— Chapter 54. 179 

broker knowingly procuring by fraudulent representations pay- Fraudulent rep- 
rnent, or the obligation for the payment of a premium of insur u1ifawfui? nS 
ance, shall be punished by a fine of not less than one hundred 
nor more than five hundred dollars, or be imprisoned for not more 
than one year. 

Sec. 70. An ins urance agent shall be personally liable on all Agents shall be 
contracts of insurance unlawfully made by or through him, SrfaiiTon^racts G 
directly or indirectly, for or in behalf of any company not au byu^ein!^ mad6 
thorized to do business in the state. 

Sec. 71. When an insurance company organized under the companies to 
laws of any state or country is prohibited by the laws of said J^ner may recuse 
state or country or by its charter from investing its assets other io grant license, 
than capital stock in the bonds of this state, then and in such 
case the insurance commissioner is authorized and directed to re 
fuse to grant a license to transact business in North Carolina to 
such insurance company. 

Statements. 

Sec. 72. The insurance commissioner shall, in December of each insurance com- 
year, furnish to each of the insurance companies authorized to ni°b e oianks. fUr ' 
do business in the state, two or more blanks adapted for their ' 
annual statements. 

Sec. 73. Every general agent shall file in the office of the insur- General agents 
ance commissioner, on or before the first day of March in each ment snowfn" 

year, in such form and in such detail as the insurance comniis- standing, etc° of 

company, 
sioner shall prescribe, a statement showing the business standing 

and financial condition of his principal on the preceding thirty 
first day of December, signed and sworn to by said principal or 
the chief managing agent or officer thereof before the insurance 
commissioner or before a commissioner of affidavits for North 
Carolina or before some notary public. 

^ Sec. 74. It shall be the duty of the insurance commissioner to insurance corn- 
receive and thoroughly examine each annual statement required X^^and ex- 

bv this act, and if made in compliance with the laws of North amine state- 

J . * ments. 

Carolina, to publish an abstract of the same in one of the news- 
papers of the state, to be selected by the general agent making 
such statement, and at the expense of his principal. 

Sec. 75. If the insurance commissioner shall become satisfied at When insurance 
any time that any statements made by any person licensed under believesstate- 

this act shall be untrue, or in case a general agent shall fail or ments untrue 

° may refuse 

refuse to obey the provisions of this act, the insurance commis- license. 

sioner shall have power to revoke and cancel such license. 

Sec. 76. It shall be the duty of any person having in his posse> Books, papers, 

sion or control any books, accounts or papers of any person auVed^nVemand 

licensed under this act, to exhibit the same to the insurance com- of insurance com- 
missioner, 
missioner on demand, and on refusing to do so, or knowingly or 



180 



1899— Chapter 54. 



Insurance com 
missioner shall 
keep on file all 
reports for in- 
spection of pub- 
lic. 



Proviso. 



License, how 
long continued. 



General agents 
shall make semi- 
annual statement 
of gross recei pts. 



Proviso. 



When assets are 
invested in state, 
county or muni- 
cipal bonds of 
Nurth Carolina, 
amount of tax. 



No additional 
tax shall be im- 
posed. 



willfully making any false statement in regard to the same, suek 
person shall be deemed guilty of a misdemeanor, and, upon con- 
viction thereof shall be fined or imprisoned, or both, at the dis- 
cretion of the court. 

Sec. 77. The insurance commissioner shall keep on file in his 
office, for the inspection of the public, all the reports received by 
him in obedience to this chapter, and shall certify to the clerk of 
the superior court of each and every county an abstract of each 
annual statement at the expense of the person making the same, 
and he shall also certify, at like expense, to said clerks, on the 
first day of each month, a list of the licences in force at such 
dates and of those that have expired without renewal or that 
have been revoked during the preceding year, and the said cer- 
tified abstracts and certified lists each clerk as aforesaid shall file 
in stub books kept for that purpose, furnished by the insurance 
commissioner, which books shall be open for the inspection of 
the public: Provided, there shall be no tax for any seal required 
by this section. 

Licenses, Taxes and Fees. 

Sec. 78. The licenses required shall continue for the next en- 
suing twelve months after April first of each year (but the insur- 
ance commissioner may receive from applicants after April first 
so much of said license fee as maybe due pro rata for the remain 
der of the year) unless revoked as provided in this act. 

Sec. 79. Every general agent shall, within the first thirty days 
of January and July of each year, make a full and correct state- 
ment, under oath, of the amount of the gross receipts derived 
from the insurance business under this act obtained from resi- 
dents of the state or on property located therein during the pre- 
ceding six months, and shall, within the first fifteen days of Feb- 
ruary and August of each and every year, pay to the insurance 
commissioner a tax of two per centum upon the amount of such 
gross receipts therein returned: Provided, that if any general 
agent shall exhibit to the insurance commissioner a sworn state- 
ment showing that at least one quarter of the entire 'assets of his 
company, when his company has assets, are invested in and are 
maintained in any or all of the following securities or property, 
viz: Bonds of this state or of any county, city or town of this 
state, or any property situate in this state and taxable therein, 
then the tax shall be one per centum upon the gross receipts 
aforesaid; and if the amount so invested shall be three-fourths 
of the total assets, the tax shall be one fourth of one per centum. 
No county or corporation shall be allowed to impose an addi- 
tional tax, license or fee upon any insurance company. The 
license fees and taxes imposed in this section shall be paid to the 
insurance commissioner. 



1899— Chapter 54. 181 

Sec. 80. The fees for license issued to any fire, marine or acei- Fees for license, 
dent insurance company to do business in this state shall be two 
hundred dollars per annum, and that the fee for license on life 
insurance companies shall be two hundred and fifty dollars per 
annum. The fee for license on a company doing a strictly plate 
glass business, and all other insurance companies not named in 
this section, shall be one hundred dollars per annum. 

Sec. 81. Every agent of any insurance company authorized to Agents shall be 
do business in this state shall be required to obtain annually from S?n certificate 
the insurance commissioner a certificate under the seal of his ^^g J^ te . 
office, showing that the company for which he is agent is licensed 
to do business in this state, and that he is an agent of said com- 
pany and duly authorized to do business for it. And every such 
agent, on demand, shall exhibit the said certificate to any person 
from whom he shall solicit insurance. Any failure to exhibit such J^J^glgJ* 11 
certificate shall render said agent liable, on conviction before a render agent 
justice of the peace, to a fine of live dollars, or imprisonment for liable - 
ten days for each offense. And the said agent shall pay to the in- 
surance commissioner the sum of fifty cents for the said certificate. 
There shall be no charge for the seal affixed to such certificate. 

Sec. 82. The insurance commissioner shall furnish to the audi- ^f^^®^^" 
tor, on the first of each month, a statement in detail of the taxes furnish monthly 
and license fees received by him under this act during the previ- |u d f t m r. n 
ous month, and shall pay to the treasurer the amount in full of 
such taxes and license fees. 

Schedule. 

The insurance commissioner shall collect and pay into the state cj^jp 8 . fees and 
treasury charges, fees and taxes as follows: 

Licenses. 

Foi each license issued to a life insurance company or associa- 
tion, two hundred and fifty dollars; for each license issued to a 
fire insurance company or association, two hundred dollars ; for 
each license issued to a accident insurance company or associa- 
tion, two hundred dollars ; for each license issued to a marine in- 
surance company or association, two hundred dollars; for each 
license issued to a surety insurance company or association, one 
hundred dollars; for each license issued to a plate glass insurance 
eompany or association, one hundred dollars ; for each license 
issued to a boiler insurance company or association, one hundred 
dollars; for each license issued to all other insurance companies 
or associations, one hundred' dollars. All of said companies shall Tax on gross 
pay a tax of two per centum upon the amount of their gross pre- rece p B< 
mium receipts in this state : Provided, that if any general agent 
shall exhibit to the insurance commissioner a sworn statement 



182 1899— Chapter 54. 

showing that at least one-quarter of the entire assets of his com- 
pany, Avhen his company has assets, are invested, in and are main- 
tained in any or all of the following securities or property, viz: 
Bonds of this state, or of any county, city or town of this state, 
or any property situate in this state and taxable therein, then the 
tax shall be one per centum upon the gross receipts aforesaid, 
and the license fee shall be one-half that named above; and if 
the amount so invested shall be three fourths of the total assets 
the tax shall be one-fourth of one per centum and the license fee 
License taxes, one fourth of that named above. For license issued to each gen- 
eral agent, two dollars; for license issued to each local or special 
agent, fifty cents; for filing and examining statement preliminary 
to admission, twenty dollars; for filing and auditing annual state- 
ment, ten dollars; for filing any other papers required by law, 
one dollar; for each certificate of examination, condition or quali- 
fication of company or association, two dollars; for each seal 
when required, one dollar; for service of process on him as attor- 
ney, two dollars; for each examination of domestic company, 
twenty-five dollars; for each examination of foreign company, 
fifty dollars. 

Fraternal, Orders. 

For filing, charter, etc., preliminary to admission, twenty five 
dollars; for filing and auditing annual statement, ten dollars. 
All other fees and charges due and payable into the state treas- 
ury by any company, association, order or individual in his de- 
partment. 

Costs of Publication. 

For annual statement (to be paid to publisher), nine dollars. 
The commissioner shall receive for copy of any record or paper 
in his office five cents per copy sheet and one dollar for certifying 
Fees, same; also for examination of any foreign company twenty five 

dollars per diem and all expenses, and for examining any do- 
mestic company actual expenses incurred. 

Assessment. 

Companies doing Sec. 83. Every corporation, company, society, organization or 

business under association of this or any other stale or country transacting the 

cooperative or ^ J 

assessment plan business of life, fire or casualty insurance upon the cooperative 

nual statement, or assessment plan, shall on or before the first day of March of 
each year make and file', with the commissioner of insurance of 
this state a report of its affairs and operations during the year 
ending on the thirty-first day of December immediately preced- 
ing. Such repcrt shall be upon blank form, to be provided by 
the commissioner of insurance, and shall be verified under oath 
by the duly authorized officers of such corporation, society, order 



1899 -Chapter 54. 183 

or association, and shall be published, or the substance thereof, 
in some newspaper published in the state at the expense of said 
company, corporation, order, etc. ; and in his annual report by 
the insurance commissioner, under a separate part, entitled "as- 
sessment companies or associations'," and shall contain such in- 
formation as the insurance commissioner in his judgment may 
deem necessary for the welfare of the people of the state, subject 
to like penalties imposed in section ninety- seven. 

Sec. 84. That every policy or certificate or renewal receipt Unlawful to 
issued to a resident of the state of North Carolina by any corpo- notau?hor?zed1fy 
ration, association or order transacting therein the business of charter° DS ° f 
insurance upon the assessment plan, shall be in accord with the 
provisions of the charter and bylaws of said corporation, asso- 
ciation or order, as filed with the insurance commissioner. And 
it shall be unlawful for any domestic or foreign insurance com- 
pany or fraternal order to transact or offer to transact any busi- 
ness not authorized by the provisions of their charters and the 
terms of their by- Jaws or through an agent or otherwise to offer 
or issue any policy, renewal, certificate or other contract whose 
terms are not in clear accord with the powers, terms and stipula- 
tions of their charters and by-laws. That upon a proper applica- 
tion by any citizen of this state, it shall be the duty of the in- 
surance commissioner to give a statement or synopsis of the pro- 
visions of any insurance contract offered or issued to such citizen. 

Sec. 85. That if any such corporation or association or order charter shall be 

shall at any time fail or refuse to comply with the foregoing pro- ure^o^comply 11 " 

vision of preceding section, the insurance commissioner shall wiih preceding 

sections, 
forthwith suspend or revoke all authority to such corporation, 

association or order and all its agents or officers to do business in 
this state, and shall publish such revocation in some newspaper 
published in this state. 

Sec. 86. That every corporation, company, society, organiza- Said companies 
tion or association of this or any other state or country, transact- charter and Py ° 
ing business under this department upon the cooperative or as- j^ s ' u *XncTcom- 
sessment plan, shall file with the insurance commissioner, before missioner. 
commencing or continuing to do business in this state, a copy of 
their charter or articles cf association, as well as the by laws, 
rules or regulations referred to in their policies or certificates and 
made a part of said contract. That no by laws or regulation un- 
less so filed with the insurance commissioner shall operate to 
avoid or affect any policy or certificate issued by such company 
or association. All companies now doing business in this state Time by which 
shall have until the first of June, eighteen hundred and ninety- beflied. perS mUSt 
nine, with which to comply with the provisions of this section. 



184 



1899— Chapter 54. 



Certain fraternal 
orders exempted. 



Fraternal orders 
defined. 



Fund shall be 
derived from 
assessments. 



Such societies 
Shall file annual 
report of affairs. 



Fraternal Orders. 

Sec. 87. Nothing in this act shall be construed to extend to the 
Masonic or Odd Fellows Association, or the Royal Arcanum, 
Knights of Pythias, Progressive Endowment, Guild of America, 
Royal Benefit Society, International Fraternal Aliance, Knights 
Templars and Mason's Life Indemnity Company, the Improved 
Order of Heptasophs, Knights of Honor, Farmers' Alliance, Peo 
pie's Mutual Benevolent Association of North Carolina or other 
benevolent associations that only levy an assessment upon their 
members to create a fund to pay to the family of a deceased 
member and make no profit therefrom, and that have been in- 
corporated under the laws of this state, and do not solicit busi- 
ness through agents, unless expressly designated herein. 

Sec. 88. That every incorporated association, order or society 
doing business in this state on the lodge system, with ritualistic 
form of work and representative form of government, for the 
purpose of making provision for Ihe paymeni of benefits in case 
of death, sickness, temporary or permanent physical disability, 
either as the result of disease, accident, or old age, formed and 
organized for the sole benefit of its members and their beneficia 
ries, and not for profit, be and the same is hereby declared to be 
a "fraternal beneficiary order, society or association"; and such 
order, society or association paying death benefits may also create, 
maintain, apply or disburse among its membership a reserve or 
emergency fund as may be provided in its constitution or by- 
laws; Provided, however, that no profit or gain shall be added to 
the payments made by a member; and any incorporated order, 
association or society not doing business on the lodge system, 
with ritualistic form of work, which is so conducted as to make 
it a fraternal beneficiary order, society or association within the 
true meaning of this act, and shall show it to the satisfaction of 
the commissioner, shall be permitted to do business in this state 
upon compliance with the provisions of this act. 

Sec. 89. That the fund from which the payment of benefits, 
as provided for in section eighty -eight of this act, shall be made and 
the fund from which the expenses of said association shall be de- 
frayed shall be derived from assessments or dues collected from its 
menibei'S. Such societies or associations shall be governed by this 
act, and shall be exempt from the provisions of all insurance laws of 
this state, and no law hereafter passed shall apply to said societies 
unless it be expressly designated therein. 

Sec. 90. That such societies or associations doing business in this 
state shall, on or before the first day of March of each year, make 
and file with the insurance commissioner of this state a report of its 
affairs and operations during the year ending on the thirty-first day 
of December immediately preceding, together with a copy of its 



1899— Chapter 54. 185 

eonstitution and laws then in force, which, annual report shall be in 
lieu of all other reports required by any other law ; such reports 
shall be on blanks provided by the insurance commissioner, and Reports shall be 
shall be verified under oath by the duly authorized officer or officers ven e ' 
of such society or association and shall contain such information as 
the insurance commissioner in his judgment may deem necessary 
for the welfare of the people of this state, and shall be published, 
or the substance thereof, in the annual report of the insurance com- 
missioner under a separate head, entitled ''fraternal beneficiary Report of such 
societies'": and for the filing of said report, said society or associ- un der separate 
ation shall pay a fee of ten dollars, and cost of publication. heads. 

Sec. 91. That any such societies incorporated and organized under Business trans- 
the laws of this state may provide for the meeting of its supreme ttat(^ valid'as to 
legislative or governing body in any other state, province or terri- this state, 
tory wherein said society shall have subordinate lodges, and all busi- 
ness that has been heretofore or may hereafter be transacted as such 
meetings, shall be as valid in all respects as if such meetings were 
held within the state -.^Provided, Jioioever, that the principal busi- Proviso. 

ness office of such society shall always be kept within this state and Principal busi- 
_ „ ness office shall 

never removed therefrom. f ,. always be kept 

Sec. 92. That any such fraternal beneficiary society as is defined Fraterna/ord^rs' 

by this act, organized and doing business under the laws of another ? oin ? busili e s s 

111 OtOCI" SI9.I.GS 

state, district, province or territory, may be admitted to transact may be admitted 
, . . ,, . , ,, ,... ., , , to this state on 

business in this state upon the same conditions as are prescribed by same terms. 

section sixty-two, sub-section one, two, three and five: Provided, 

that the fees therefor shall be twenty-five dollars, and such order 

shall not be required to have the capital specified in said section. 

Penalties, Forfeitures. Etc. 

Sec 93. The person, if other than the insurance commissioner, or Person making 
his depnty, upon whose complaint a conviction is had for violation receive half of 
of the law prohibiting insurance in, or by foreign companies not flne - 
authorized to do business in the state, or for soliciting, examining, 
inspecting any risk, or receiving, collecting or transmitting any pre- 
mium, or adjusting or aiding in the adjustment of a loss, under a 
contract made otherwise than authorized by the laws of this state, 
shall be entitled to one-half of the fine recovered upon sentence 
therefor. 

Sec. 94. Any person who shall assume to act as an insurance agent p ersons acting as 

or insurance broker without license therefor as herein provided, or agent without, 

. . license, etc., 

who shall act in any manner in the negotiation or transaction of guilty of amis- 
unlawful insurance with a foreign insurance company not admitted 
to do business in this state, or who as principal or agent shall violate 
any provision of this act in regard to the negotiation or effecting of 
eontracts of insurance, shall be guilty of a misdemeanor, and upon 



186 



1899— Chapter 54. 



Unlawful for 
agents failing to 
make statement 
and file affidavit. 



Circulation of 
advertisements 
in violation of 
section 18 unlaw- 
ful. 

Failure to file 
annual statement 
unlawful. 



Persons falsely 
making oath 
guilty of perjury. 

Making reinsur- 
ance in violation 
of section 63. 



Making of Are 
insurance in 
violation of 
section 55. 



Officers giving 
guarantee to 
policy-holder 
against assess- 
ments. 



For violation of 
this act where 
penalty is not 
specifically 
provided. 
How compliance 
with provisions 
relating to de- 
posits, etc., may 
be affected. 



conviction shall be punished by a fine of not less than one hundred 
nor more than five hundred dollars for each offense. 

Sec. 95. Any person licensed under the provisions of section sixty- 
eight, who shall procure or act in any manner in the procurement 
or negotiation of insurance in any unauthorized foreign company, 
and shall neglect to make and file the affidavit and statements as 
such section requires, shall forfeit his license and be punished by a 
fine of not less than one hundred nor more than five hundred dol- 
lars, or by imprisonment for more than one year or by both. 

Sec. 96. Any company or any agent thereof issuing or circulat- 
ing advertisements in violation of section eighteen shall be punished 
by a fine of not less than fifty or more than two hundred dollars. 

Sec. 97. Any company that neglects to make and file its annual 
statement in the form and within the time provided in this act shall 
forfeit one hundred dollars for each day's neglect, and upon notice 
by the insurance commissioner to that effect its authority to do new 
business shall cease while such default continues. For willfully 
making a false annual or other statement it is required by law to 
make, an insurance company and the persons making oath to or sub- 
scribing the same shall severally be punished by a fine of not less 
than five hundred nor more than one thousand dollars. Any per- 
son making oath to such false statement shall be guilty of the crime 
of perjury. 

Sec. 98. For making any reinsurance in violation of section sixty- 
three, an insurance agent and the company effecting or acting in 
the negotiation of such reinsurance shall severally be punished by a 
fine of five hundred dollars. 

Sec. 99. Any insurance company or agent who shall make, issue 
or deliver a policy of fire insurance in willful violation of section 
fifty-five shall forfeit for each offense not less than fifty nor more 
than two hundred dollars ; but such policy shall, nevertheless, be 
binding upon the companies issuing the same. 

Sec. 100. Any director or other officer of a mutual fire insurance 
company who, either officially or privately, gives a guarantee to a 
policy-holder thereof against an assessment to which such policy- 
holder would otherwise be liable, shall be punished by fine not ex- 
ceeding one hundred dollars for each offense. 

Sec. 101. For violation of any provision of this act, the penalty 
whereof is not specially provided for herein, the offender shall be 
punished by a fine of not more than five hundred dollars. 

Sec. 102. Compliance with the provision of this act as to deposits, 
obligations and prohibitions, and the payment of taxes, fines, fees 
and penalties by and upon foreign insurance companies, may be en- 
forced in the ordinary course of equity procedure by information 
brought in the supreme court by the attorney-general at the relation 
of the insurance commissioner. 



1899— Chapter 54. 187 

Sec. 103. An insurance agent or broker who acts in negotiating a Embezzlement 
contract of insurance by an insurance company lawfully doing busi- ££|jj£ ds by 
ness in this state, and who embezzles or fraudulently converts to 
his own use, or with intent to use or embezzle, takes, secretes, or 
otherwise disposes of, or fraudulently withholds, appropriates, lends, 
invests, or otherwise uses or applies any money or substitute for 
money received by him as such agent or broker, contrary to the 
instructions or without the consent of the company for or on account 
of which the same was received by him, shall be deemed guilty of 
simple larceny. 

Forms. 

Sec. 104. It shall be the duty of the insurance commissioner to insurance com- 

furnish blank forms for statements, which forms may be by him missloner 

' J J required to tur- 

from time to time changed as may be requisite to secure full infor- nish blank forms. 

mation as to the standing, condition and such other information de- 
sired of companies in his department. The following, or such other 
forms as he may prescribe, shall be used : 

A. — Form of Return for Stock Insurance Companies, Except 

Life. 

1. State the name of company. 2. Where located. 3. When in- Form of return 
corporated and for what period. 4. Amount of capital. 5. Amount {° r Jl 1 ™™ 'ns" 1 ;- 
of capital actually paid in. 6. Cash value of real estate owned. 7. except life. 
Amount loaned on mertgage of real estate. 8. Amount and descrip- 
tion of each kind of bonds and stocks owned, with par and market 
value. 9. Amount loaned on collateral, par and market value of 
each security pledged. 10. Amount of cash on hand. 11. Amount 
of gross premiums in course of collections. 12. Amount of bills re- 
ceivable, not matured, taken for premiums. 13. Amount of all 
other property or investments. 14. All outstanding losses. 15. 
Amount of unearned premiums on policies in force. 16. All other 
liabilities and claims against the company. 17. Amount of cash re- 
ceived for premiums. 18. Amount of notes received for premiums, 
19. Amount received for interest and rents. 20. Amount of income 
received from all other sources. 21. Amount paid for losses. 22. 
Amount paid for dividends. 23. Amount paid for expenses. 24. All 
other expenditures. 25. State amount of risks written, terminated 
and in force, with gross premiums thereon. 

B.— Form of Return of Mutual Companies, Except Life. 

1. State the name of company. 2. Where located. 3. When in- Form of return 
corporated, and for what period. 4. Amount of guarantee capital pan°ies U except " 
if any. 5. Cash value of real estate owned. 6. Amount loaned on life, 
mortgage of real estate. 7. Amount and description of each kind 
of stocks and bonds owned, with par and market value. 8. Loans 



188 



1899— Chapter 54. 



on collateral, with par and market value of each security pledged. 
9. Cash in office and in bank. 10. Gross premiums in course of col- 
lection. 11. All other loans, investments and property. 12. Pre- 
mium notes liable to assessment. 13. Amount of scrip outstanding. 
14. All outstanding losses. 15. Unearned premiums. 16. Dividends 
declared and unpaid. 17. Borrowed money. 18. All other liabili- 
ties and claims against the company. 19. Cash received for premi- 
ums. 20. Cash received for interest and rent. 21. Premium notes 
received. 22. Income from all other sources. 23. Amount paid for 
losses. 24. Amount paid for expenses. 25. Surplus returned to 
policy-holders. 26. All other expenditures. 27. Scrip dividends de- 
clared. 28. Amount of risks written, terminated and in force, with 
gross premiums thereon. 



Form of return 
of life insurance 

ooaipanies. 



No action can be 
maintained 
against com- 
panies or indi- 
viduals unautho- 
rized to do 
business. 



C. — Form of Return op Life Insurance Companies. 

1. The name of the company. 2. Where located. 3. When in- 
corporated and for what period. 4. Amount of capital stock or 
guarantee fund. 5. Cash value of real estate owned. 6. Amount 
loaned on mortgages of real estate. 7. Amount and description of 
each kind of bonds and stocks owned, with par and market value. 
8. Loans on collateral, with par and market value of each security 
pledged. 9. Cash in bank and in office. 10. Premium notes and 
loans on policies in force. 11. Outstanding and deferred premiums 
on policies in force. 12. All other loans, investments and property. 
13. All outstanding losses and policy claims. 14. Dividends of sur- 
plus due policy-holders. 15. Forfeitures and surplus accrued, held 
for and to be divided to any special class of policy-holders ; surplus 
accrued on policies in force not yet distributed. 16. All other lia- 
bilities and claims against the company. 17. Cash received for 
premiums. 18. Cash received for interest and rents. 19. Income 
from all other sources. 20. Amount paid for losses and claims. 21. 
Dividends of surplus to policy-holders. 22. Amount paid for ex- 
penses. 23. All other expenditures. 24. Number, date, amount 
and kind of each outstanding policy not heretofore returned, gross 
premium thereon, and age of the insured. 25. Number, date and 
amount of each policy which has within the year ceased to be in 
force, now terminated, what has been paid to the legal holder of the 
policy, and the age of the insured. 

Insurance in Unauthorized Companies. 

Sec. 105. No action shall be maintained in any court in the state 
upon any policy or contract of fire insurance issued upon any prop- 
erty situated in the state by any company, association, partnership, 
individual or individuals that have not been authorized by the in- 
surance commissioner to transact such insurance business. 

Sec. 106. No person licensed to do insurance business under this 



1899— Chapter 54. 1»9 

act shall limit the term within which any suit shall be brought Limit of term 

against such person to a period less than one year from the time SU jt ma y be 

when the loss insured against shall accrue. brought. 

Sec. 107. That foreign fire insurance companies legally authorized companies shall 

to do business in this state through regularly commissioned and °. nl y do business 

G ° J through au- 

licensed agents located in this state, shall not make contracts of fire thorized agents. 

insurance on property herein, save through such agents as are regu- 
larly commissioned by them and licensed to write policies of fire 
insurance in this state. No provision of this section is intended to 
do or shall apply to direct insurance covering the rolling stock of 
railroad corporations or property in transit while in the possession 
and custody of railroad corporations or other common carriers. 

Sec. 108. That all business done in this state by steam boiler, lia- Business dome 
bility, accident, plate glass, and fidelity insurance companies shall p^t^glas^and^' 

be issued by their regularly authorized agents residing in the state, other like com- 
J . , ,... pauies shall be 

or transacted through applications of such agents, and all policies done through 

so issued shall be countersigned by such agents. agen S- 

Sec. 109. That for the purpose of carrying out the foregoing sec- Unlawful for 
tion it shall be unlawful for any agent, commissioned or otherwise, contracts of 11 
of said companies, to sign any blank contract or policy of insurance, policies, 
and upon conviction thereof shall be fined for each offense not less 
than one hundred (§100), dollars nor more than two hundred ($200) penalty, 
dollars — one-half to the informant and one-half to the benefit and 
use of the state. 

Sec. 110. That before issuing certificate of license to any fire in- companies shall 
surance company to transact the business of fire insurance in this ancecomnfis- 1 " 
state the insurance commissioner shall require, in any case in addi- sioner affidavit 
tion to the requirements already provided for by law, that each and not violated any 
every such insurance company shall file with him the affidavit of its G f this^ct. 
president or other chief officer that it has not violated any of the 
provisions of this act for the space of twelve months last past, and 
that they accept the terms and obligations of this act as a part of the 
consideration of their license. 

Sec. 111. That complaint being filed by any citizen of this state complaints filed 
that any company authorized to do business in this state has vio- that company 
lated any of the provisions of this act the insurance commissioner provisions'of 
shall diligently investigate the matter, and, if necessary, examine 
by himself or his accredited representative at the head office located 
in the United States of America, and such other officer or agents of 
such companies as may be deemed proper, also all books, records 
and papers of the same, and also the officers thereof under oath, as 
to such alleged violation or violations: Provided, that before mak- 
ing such examination the insurance commissioner shall require the Parties making 
party or parties making complaint to file with him a good and suffi- A^bond! 1, sbaU 
cient bond to secure any expense or cost that may be necessary in 
making such examination, and in the event that the insurance com- 



190 1899— Chapter 54 

pany be found not guilty of a violation of this act, the said bond 
shall be responsible for all the expenses incurred by reason of inves- 
tigation, but should said company be found guilty of a violation of 
this act then said company shall be responsible for the expense 
thereof. 
Companies Sec. 112. That any insurance company violating any provision of 

refusing S to C sut> r this act, or refusing to submit to the aforesaid examination when 
r" VoVboo m s na requested, shall forfeit their right to do business in this state for the 
etc., shall forfeit twelve months thereafter, and the insurance commissioner shall im- 

business in mediately revoke the license already issued to said insurance corn- 

North Carolina. pany tQ do business in this state . 

Companies fail- Sec. 113. That if any such company shall fail or refuse to pay ex- 

expenses^f penses of examination upon the presentation of a bill therefor by 

examination. £j ie i nsm - ance commissioner, then the insurance commissioner shall 
at once institute proceedings against the said company for the re- 
covery of the same, and for this purpose may attach any of the 
property of the said company to be found within the jurisdiction of 
the court before which such proceedings are heard. 
Persons acting as Sec. 114. Any person acting as adjuster on a contract made other- 
trary to this " wise than authorized by the laws of this state, or by any insurance 
of mfsdemeanor company or person not regularly licensed to do business in the state, 
or who shall adjust or aid in the adjustment, either directly or indi- 
rectly, of a loss by fire on property located in this state, incurred on 
a contract not authorized by the laws of the state, shall be deemed 
guilty iof a misdemeanor and shall upon conviction be fined not 
less than two hundred dollars or more than five hundred dollars, 
one-half to go to the sheriff or informant, or imprisoned not less 
than six months or more than two years, or both, in the discretion 
of the court. 
Persons soliciting Sec. 115. Every person who, either as principal or agent, or pre- 
or taking DUS '- tending to be such, shall solicit, examine or inspect any risk, or shall 
ry to this act, examine into, adjust, or aid in adjusting any loss, or shall receive, 
misdemeanor. collect or transmit any premium of insurance, or shall do any other 
act in the soliciting, making or executing any contract of insur- 
ance of any kind otherwise than this act permits, shall be deemed 
guilty of a misdemeanor, and on conviction shall pay a fine of not 
less than two hundred dollars or more than five hundred dollars, 
one-half to go to sheriff or informant, or to be imprisoned not less 
than one or more than two years, or both, at the discretion of the 
court. 
Provisions of this Sec. 116. The provision of this act, so far as thej r are the same as 

act to be con- those of existing laws, shall be construed as a continuation of such 

strued as contin- & ' 

nation of existing laws and not as new enactments ; and the repeal by this act of any 

provision of law shall not effect [affect] any act done, liability incurred 

ro any right accrued and established, or any suit or prosecution, 

civil or criminal, pending or to be instituted to enforce any right or 



1899— Chapter 54—55. 191 

penalty or punish any offense under the authority of the repealed 
laws. 

Sec. 117. That chapter twenty-nine, volume eleven of The Code; certain Jaws 
chapter two hundred and ninety-nine, laws of one thousand eight France repealed, 
hundred and ninety-three (1893) ; chapter three hundred, laws of one 
thousand eight hundred [and] ninety-three (1893): chapter two hun- 
dred and seventy (270) and three hundred and twenty-nine (329), 
and forty-eight (48), laws of one thousand eight hundred [and] 
ninety-five (1895); chapter one hundred [and] sixty-three (163), and 
one hundred [and] sixty-seven (167), laws of one thousand eight 
hundred [and] ninety-seven (1897), are hereby repealed, and any 
other laws and clauses of laws in conflict with this act be and the 
same are hereby repealed. 

Sec. 118. This act shall be in force from and after its ratification. 

Ratified the 6th day of March, A. D. 1899. 



CHAPTER 55. 



An act to amend section two thousand one hundred and fifty-five of The 
Code, relating to the probate of wills. 

The General Assembly of North Carolina "do enact : 

Section 1. That section two thousand one hundred and fifty-five Amended. 
of The Code be amended by inserting in line three of said section, 
after the word " state," and before the word " disposing," the words 
" or that a will has been made in the state, and the witnesses thereto Probate will- 
have moved out of the state," and by adding to said section as fol- p r oof oTwin ' 
lows : " that when a will is offered for probate in one county of this m »de outside of 
state and the witnesses reside in another county, the clerk of the 
court before whom such will is offered shall have power and au- 
thority to issue a subpoena for said witnesses requiring them to clerk— power, 
appear before him and prove said will; and said clerk shall likewise 
have power and authority to issue a commission to take the deposi- Commission to 
tion of said witnesses when they reside more than seventy-five miles a ep 
from the place where the will is to be probated, such deposition and 
commission to be returned and the clerk to adjudge the will to be 
duly proven as in said section provided. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 10th day of February, A. D. 1899. 



192 



1899— Chapter 56—57. 



CHAPTER 56. 



An act for the relief of sheriffs. 



Time extended 
for collecting 
arrears ol taxes. 



Persons not com- 
pellable to pay 
taxes— affidavit- 
administrators, 
etc. 



Sheriffs, etc , not 
relieved from 
liability to collect 
at time and place 
fixed Dy law. 



When authority 
shall determine. 

Proviso. 



The General Assembly of North Carolina do enact : 

Section 1. That all tax collectors and sheriffs who by virtue of 
their office have had the tax list for the purpose of collecting the 
taxes of their respective counties in their hands for the years eigh- 
teen hundred and ninety-five, eighteen hundred and ninety-six and 
eighteen hundred and ninety-seven are hereby authorized and em- 
powered to collect arrears of taxes for each of the years aforesaid, 
under such rules and regulations as are now or hereafter may be 
provided by law for collection of taxes. 

Sec. 2. That no person shall be compelled to pay any tax under the 
provisions of this act who will make affidavit before any officer 
authorized to administer oaths that the tax attempted to be collected 
has been paid ; nor shall any executor, administrator or guardian be 
compelled to pay any tax under the provisions of this act. 

Sec. 3. That nothing herein contained shall be construed to relieve 
sheriffs, tax collectors, their representatives or bondsmen, from the 
liability imposed by law to pay the state, county and other taxes at 
the time and place required by law. 

Sec. 4. That the authority herein given shall cease and determine 
on the thirty-first day of December, eighteen hundred and ninety- 
nine : Provided, that no tax collector or sheriff shall collect or re- 
ceive any cost under this act. 

Sec. 5. That this act shall be in force from and after its ratification. 

Ratified the 10th day of February, A. D. 1899. 



CHAPTER 57. 



An act in relation to bankrupts. 



Promises not in 
writing not 
receivable in 
evidence. 



The General Assembly of North Carolina do enact : 

Section 1. That no promise to pay a debt discharged by any decree 
of a court of competent jurisdiction, in any proceeding in bank- 
ruptcy, shall be received in evidence in any of the courts of the state 
of North Carolina unless such promise shall be in writing and 
signed by the party to be charged therewith. 

Sec. 2. That this act shall be in force from and after its ratifica- 
tion. 

Ratified the 10th day of February, A. D. 1899. 



1899 -Chapter 5S. 193 

CHAPTER 58. 
An act to provide for the investigation of incendiary fires. 

The General Assembly of North Carolina do enact : 

Section 1. The insurance commissioner in the city of Raleigh and Insurance com- 

missioDCF nod 
the chief of the fire department or fire committee of the board of chiefs of fire 

aldermen in other cities and towns are hereby authorized to investi- authorized to 
gate the cause, origin and circumstances of every fire occurring in J ) ^ e r s e t s ig:Ue orl = in 
such cities or towns in which property has been destroyed or dam- 
aged, and shall specially make investigation whether such fire was 

the result of carelessness or design. Such investigation shall be be- When such 

° ° investigation 

gun within three days, not including the Lord's day, of the occur- shall be begun. 

rence of such fire, and the insurance commissioner shall have the 

right to .supervise and direct such investigation whenever he deems 

it expedient or necessary. The board making investigation of fires 

occurring in cities and towns other than the city of Raleigh may 

forthwith notify said insurance commissioner, and shall within one Insurance com- 
„ , _ „ . , , ,. .,. missioner shall 

week of the occurrence of the fire furnish to the said insurance be notified. 

commissioner a written statement of all the facts relating to the 

cause and origin of the fire, the kind, value and ownership of the 

property destroyed, and such other information as may be called for Description of 

by the blanks provided by the said insurance commissioner. The proper y - 

insurance commissioner shall keep in his office a record of all fires 

occurring; in the state, together with all facts, statistics and circurn- Insurance com- 
..„,„ , . , ,,. j missioner shall 

stances, including the origin of the fires, which may be determined keep record of 

by the investigations provided for by this act : such record shall at fires - 

all times be open to public inspection. 

Sec. 2. It shall be the duty of said insurance commissioner to ex- insurance com- 

amine, or cause examination to be made, into the cause, circum- cause examina- 
. ,, „ . ... . ,, , , . , • , tion to be made, 

stances and origin of all fires occurring within the state to which 

his attention has been called in accordance with the provisions of 
said section one of this act, by which property is accidentally or un- 
lawfully burned, destroyed or damaged, whenever in his judgment 
the evidence is sufficent, and to specially examine and decide 
whether the fire was the result of carelessness or the act of an in- 
cendiary. The said insurance commissioner shall, when in his opinion 

said proceedings are necessary, take or cause to be taken the testi- Testimony may 

1 " , „ . be taken on oath 

mouy on oath of all persons supposed to be cognizant ot any tacts 

or to have means of knowledge in relation to the matters as to which 

an examination is herein required to be made, and shall cause the 

same to be reduced to writing; and if he shall be of the opinion that 

there is evidence sufficient to charge any person with the crime of J}^ 11 ™*™ 1 

arson he shall cause such person to be arrested and charged with pected of arson. 

such offense, and shall furnish to the solicitor of the district all such 

13 



194 



1899— Chapter 58. 



Insurance com- 
missioner shall 
have powers of a 
trial j ustice. 



False swearing 
deemed perjury. 



Investigations 
may be private. 



Commissioner or 
chief of fire 
department em- 
powered to enter 
buildings and 
premises. 



May order 
removal of com- 
bustible material. 



Proviso. 

Owner deeming 
himself aggrieved 
may appeal. 



Invseligation of 
combustible 
or inflammable 

material. 



evidence, together with the names of witnesses and all the informa- 
tion obtained by him, including a copy of all pertinent and material 
testimony taken in the case. 

Sec. 3. The insurance commissioner shall have the powers of a 
trial justice for the purpose of summoning and compelling the atten- 
dance of witnesses to testify in relation to any matter which is by 
the provisions of this act a subject of inquiry and investigation. 
Said insurance commissioner may also administer oaths and affirma- 
tions to persons appearing as witnesses before them; and for false 
swearing in any matter or proceeding aforesaid shall be deemed 
perjury and shall be punished as such. Said insurance commissioner 
shall have authority at all times of the day or night, in the perform- 
ance of the duties imposed by the provisions of this act, to enter 
upon and examine any building or premises where any fire has oc- 
curred, and other buildings and premises adjoining or near the 
same. All investigations held by or under the direction of the in- 
surance commissioner may in his discretion be private, and persons 
other than those required to be present by the provisions of this act 
may be excluded from the place where such investigation is held, 
and witness may be kept separate and apart from each other, and 
not allowed to communicate with each other until they have been 
examined. 

Sec. 4. The insurance commissioner, or the chief of fire depart- 
ment or fire committee of the board of aldermen, shall have the 
right at all reasonable hours, for the purpose of examination, to en- 
ter into and upon all buildings and premises within their jurisdic- 
tion. Whenever any of said officers shall find in any building or 
upon any premises combustible material or inflammable conditions 
dangerous to the safety of such building or premises they shall order 
the same to be removed, or remedied, and such order shall be forth- 
with complied with by the owner or occupant of said building or 
premises: Provided, however, that if the said owner or occupant 
shall deem himself aggrieved by such order he may, within twenty- 
four hours, appeal to the insurance commissioner, and the cause of 
the complaint shall be at once investigated by the direction of the 
latter, and unless by his authority the order of the fire chief or fire 
committee above named is revoked such order shall remain in force 
and be forthwith complied with by said owner or occupant. The 
insurance commissioner, fire chief or fire committee as aforesaid 
shall make an immediate investigation as to the presence of com- 
bustible material or the existence of inflammable conditions in any 
building or upon any premises under their jurisdiction upon com- 
plaint of any person having an interest in said buildings or premises 
or property adjacent thereto. Any owner or occupant of buildings 
or premises failing to comply with the orders of the authorities 



1899— Chaptek 58—59. 195 



i com- 



above specified shall be punished bv a fine of not less than ten dol- Failure to __ 

„„.-.„ it- i „+. plv with ciders, 

lars nor more than fifty dollars for each day s neglect. Penalty. 

Sec 5 Anv city or town officer, referred to in section one, who city or town 
' ' J - .,, , t , • . c ,n • officers failing 

neglects or refuses to comply with any ot the requirements ot tins tocompK with 

act shall be punished by a fine of not less than twenty-five dollars P™^f i j 11 u b s e of tWs 

nor more than two hundred dollars. punished. 

Sec 6. Anv expenses incurred by the insurance commissioner in Expenses in 
^ -"-"J v J , . . curred shall be 

the performance of the duties imposed upon [himj by the provisions defrayed by 

of this act shall be defrayed by the fire insurance companies doing comp^ni^Tdoing 

business in this state, and a tax of one-tenth of one per centum on ^inessiu North 

the gross premium receipts of all such companies is hereby levied Tax for said 

for this purpose, to be collected by said insurance commissioner as P ur P os 

other taxes on insurance companies are collected. The insurance 

commissioner shall keep a separate account of all moneys received insurance com- 

and disbursed under the provisions ox this act, and snail include jj ee p separate 

, . account of such 

same in his annual report. moneys. 

Sec. 7. The insurance commissioner shall submit annually, as insurance com- 
early as consistent with full and accurate preparation and not later ^ibmTt'anrjual 
than the first day of February, a detailed report of his official action l^ r ^^f^ eca . 
under this act and it shall be embodied in his annual report to the tion of this act. 
legislature. 

Sec. 8. This act shall be in force from and after its ratification. 

Ratified the 9th day of March, A. D. 1899. 



CHAPTER 59. 



An act to prohibit hunting, fishing, trapping or netting game of any kind 
upon the lands of another in Alamance and Moore counties. 

The General Assembly of North Carolina do enact : 

Sectiox 1. That it shall be unlawful for any person to hunt, Hunting, fishing 
fish, trap or net game of any kind upon the lands of another, ^ffifi. 610 -' 
without first having obtained permission so to do from the owner 
of said land. 

Sec 2 Anv person violating the provisions of section one of this violation*— mis- 
^ • ■ j r . demeanor— pun- 

act shall be guilty of a misdemeanor, and upon conviction thereof isn ment. 

fined not less than five dollars nor more than fifty dollars, or im- 
prisoned not less than ten days nor more than thirty days. 

Sec. 3. That this act shall apply to Alamance and Moore 
county [counties] only. 

Sec. 4. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 10th day of February, A. D. 1899. 



196 



1899— Chapter 6U— 61. 



CHAPTER 60. 

An act to change the inscription on the corner-stone of the new building* 
of the Worth Carolina Institution for Blind. 



Change of corner- 
stone— what to 

show. 



Bronze tablet- 
names. 



Compliance with 
act- limit. 
Failure — misde- 
meanor— punish- 
ment. 



The General Assembly of North Carolina do enact : 

SECTION 1. That the face of the corner .stones which have been 
placed in the new buildings erected in 1898 upon the grounds of 
the North Carolina Institution for the Blind be so dressed and 
changed as to show only the date of the founding of said institu- 
tion, and the date of the erection of these new buildings. 

SEC. 2. That in some suitable position within the said new 
buildings there shall be placed a tablet of bronze or stone bearing 
the names of the men upon whose motion and plans said new 
buildings were conceived, planned and erected, to wit: B. F. 
Montague, chairman board; J. A. Brigg. chairman building 
committee; I. M. Proctor. H. Morson. C. F. Meserve, H. C. Her- 
ring, J. R. Williams, ,fohn E. Ray. principal; F. P. Milburn. 
architect. 

Sec. •]. That the board of trustees of said institution shall com- 
ply with the provisions of this act within thirty days from its 
ratification ; and upon failure to do so, shall be guilty of a mis- 
demeanor and may, upon conviction, be punished within the dis 
cretion of the court. 

Sec. 4. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 10th day of Februarv. A. D. 1899. 



CHAPTER 61. 

An act to prohibit hunting birds in Buncombe. Lincoln and Iredell 
counties. 



Unlawful hunt 



Violations- 
demeanor— 

isliment. 



The General Assembly of North, Carolina do enact : 

SECTION 1. That it shall be unlawful for any person to hunt 

birds upon the lands of another in the counties of Buncombe, 

Lincoln and Iredell with or without guns or dogs, except by the 

written consent of the owner, 
-mis- SE( • - Any person so offending shall be deemed guilty of a 
P UQ misdemeanor, and upon conviction shall be fined not less than 

five dollars nor more than ten dollars. 

Sec. 3. That this act shall go into effect from and after its rati 

fication. 
Ratified the 10th day of February, A. D. 1899. 



1899— Chapter 62. 197 



CHAPTER 62. 

An act to provide a manner in which foreign corporations may become 
domestic corporations. 

The General Assembly of North Carolina do enact : 

Section 1. That every telegraph, telephone, express, insurance, Foreign corpora- 
steamboat and railroad company incorporated, created and organ- D 1 ° C o^ i ^ )inei , tic 

ized under and by virtue of the laws of any state or government corporations, 

how. 
other than that of North Carolina, desiring to own property or to 

carry on business or to exercise any corporate franchise whatsoever 

in this state, shall become a domestic corporation of the state of 

North Carolina by filing in the office of the secretary of state a copy 

of its charter duly authenticated in the manner directed by law for 

the authentication of statutes of the state or country under the 

laws of which such company or corporation is chartered and organ- By -laws. 

ized, and a copy of its by-laws duly authenticated by the oath of its 

secretary. Such corporation shall pay therefor to the secretary of 

state, to be turned over by him into the state treasury, such fees as Charges. 

are or may be required by law. 

Sec. 2. That if any such charter or by-laws, or any part thereof, Conflicting pro- 
filed in the office of the secretary of state shall be in contravention ters, etc., null 
or violation of the laws of this state, such charter or by-laws or such and void - 
part thereof as are in conflict with the laws of this state shall be 
null and void in this state. 

Sec. 3. That when any such corporation shall have complied with Compliance— 
the provisions of this act above set out, it shall thereupon imme- ration. '° 
diately become a corporation of this state and shall enjoy the rights Rights, etc. 
and privileges and be subject to the liability of corporations of this Liabilities etc. 
state the same as if such corporation had been originally created by 
the laws of this state. It may sue and be sued in all courts of this May sue, etc. 
state and shall be subject to the jurisdiction of the courts of this Jurisdiction of 
state as fully as if such corporation were originally created under 
the laws of the state of North Carolina. 

Sec. 4. That on and after the first day of June, eighteen hundred Unlawful to do 
and ninety-nine, it shall be unlawful for any such corporation to do business < etc - 
business or to attempt to do business in this state without having 
fully complied with the requirements of this act. 

Sec 5. Any such corporation violating any provision of this act violations- 
shall forfeit to the state of North Carolina a penalty of two hundred P enalt y- 
dollars for each and every day after the first day of June, eighteen 
hundred and ninety-nine, on which such corporation shall 'have con- 
tinued to operate or do business without having complied with the 
requirements of this act. Such penalty shall be recoverable by the Recovery of 
treasurer of the state for the benefit of the state of North Carolina, pena ty ' 
and it shall be his duty to sue for such forfeitures in the superior 
eourt of Wake county as the same accrue. 



198 



1899— Chapter 62—63. 



Foreign corpora- 
tions forbidden 
to sue, etc. 



Forbidden to 
contract, etc. 



Contracts non- 
enforceable, etc. 



Additional 
penalty, etc. 



Recovery, etc. 



Duty state 
treasurer. 



Conflicting laws 
repealed. 



Sec 6. No telegraph, telephone, express, insurance, steamboat or 
railroad company, which is a foreign corporation of another state 
doing business in North Carolina, shall be allowed to sue in the 
courts of North Carolina on or after June first, eighteen hundred 
and ninety-nine, until such foreign corporation has become a domes- 
tic corporation, either by a special act of the legislature or under 
the provisions of this act. 

Sec. 7. No such foreign corporation, mentioned in the preceding 
section of this act, shall be allowed to enter into a contract in the 
state of North Carolina on or after the first day of June, eighteen 
hundred and ninety-nine, nor shall any such contract heretofore or 
hereafter made or attempted to be made and entered into by Mich 
corporation in the state of North Carolina be enforceable by such 
corporation unless such corporation shall on or before the first day 
of June, eighteen hundred and ninety-nine, become a domestic cor- 
poration under and by virtue of the laws of North Carolina. 

Sec. 8. Any such corporation violating the provisions of this act 
by doing any business in this state without first becoming a domes- 
tic corporation in the manner prescribed by law, shall, in addition 
to the penalty prescribed in section five of this act, forfeit a penalty 
of five hundred dollars for each day any such business shall be done 
by it in the state of North Carolina on and after the first day of 
June, eighteen hundred and ninety-nine. The amount so forfeited 
under the provisions of this section shall be recovered by the treas- 
urer of North Carolina and it shall be the duty of said state treas- 
urer to institute suit for same in the superior court of Wake county: 
Provided, the business contemplated in this section of this act does 
not embrace such business as is strictly the business of interstate 
commerce. 

Sec. 9. That all laws and clauses of laws in conflict witli the pro- 
visions of this act are hereby repealed. 

Sec. 10. That this act shall be in force from and after its ratifica- 
tion. 

Ratified the 10th day of February. A. D. 1899. 



CHAPTER 63. 



Chapter 314, laws 
1897, relating to 
Duplin and 
Wayne Railway, 
amended 



An act to amend chapter three hundred and fourteen of the public laws 
of eighteen hundred and ninety-seven. 

The General Assembly of North, Caroling do enact : 

Section 1. That section six of chapter three hundred and four- 
teen of the public laws of eighteen hundred and ninety seven be 
amended by substituting the word "Pender," in the fourth line 
of said section, for the word "Duplin." 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 10th day of February, A. D. 1899. 



1899— Chapter 64—65. 199 

CHAPTER 64. 

An act to amend chapter forty-nine of The Code of eighteen hundred 
and eighty-three. 

The General Assembly of North Carolina do enact : 

Section 1. That sections two thousand andQseven, two thou- chapter 49, code, 
sand and eight, two thousand and nine, two thousand and ten po'fatnfns C ° r 
and two thousand and twelve of chapter forty-nine of, The Code amended, 
of eighteen hundred and eighty-three, be amended by'inserting 
the words, "or telephone" after the word "telegraph " u wherever 
the same is used in said sections. 

Sec. 2. That section two thousand and ten of said chapter interest in con- 
forty nine be further amended as follows: By striking out all ceedFngs^where 

after the word ''Provided ," in line nineteen in said section, and hearing may be 

had. 
inserting the following in lieu thereof, "that only the interest of Proviso. 

such parties as are brought before the court shall be condemned 
in any such proceedings; and if the right-of-way of a railroad or 
railway company extends into or through more counties than 
one, the whole right and controversy may be heard and deter- 
mined in one county into or through which such right of -way 
extends; Provided further, that it shall not benecessary for the 
petitioner to make any survey of or over the right-of-way, nor to 
file any map or survey thereof, nor to file any certificate of the 
location of its line by its board of directors." 

Sec. 3. That section two thousand and eleven of said chapter section 2011 
forty nine be amended as follows: By striking out the word "ease- amended - 
ment" in line nine of said section, and insert in lieu thereof the 
words "right-of-way." 

Sec. 4. That section two thousand and twelve of a ; said chapter Section 2012 
forty- nine be further amended as follows: By'insertingj.between amended - 
the words "chapter"and "for," inline ten of said section, the fol- 
lowing ''or any amendments thereto." 

Sec. 5. That all laws in conflict with this act are hereby re conflicting laws 
pealed. repealed. 

Sec. 6. That this act shall be in force and^effect from and after 
its ratification. 

Ratified the 8th day of Februarv, A. J). 1899. 



CHAPTER 65. 

An act to amend sections five hundred and eighty-one and five hundred 
and eighty-two of The Code. 

The General Assembly of North Carolina do enact : 

Section 1. That section five hundred and eighty one (581) of Section 581, Code, 
The Code be amended by inserting between the words "court" amlnatlonVof 



200 



1899— Chapter 65—66—07. 



witnesses before 
trial amended. 



Section 582 
amended. 



and "or," in line four of said section, the words, "'or a commis- 
sioner duly appointed as provided in section thirteen hundred 
and fifty seven (1357) of The Code." 

Sec. 2. That section five hundred and eighty-two (582) of The 
Code be amended by inserting between the words "clerk" and 
"in,"' in line five of said section, the words "or commissioner." 

Sec. 3. This act shall take effect from and after its ratification. 

Ratified the 8th dav of February, A. D. 1899. 



CHAPTER 66. 



Registration 
made valid in 
eertain cases. 



An act to validate certain probates and registrations. 

The General Assembly of North Carolina do enact : 

Section 1. That in all cases where a deed or mortgage convey- 
ing land in this state has been heretofore proven by a subscrib 
ing witness or acknowledged by the maker thereof before a no- 
tary public who failed to attach to his certificate his notarial 
seal, and said deed or mortgage has been ordered to be registered 
by the clerk of the superior court of the county in which the land 
conveyed by said deed or mortgage is situated, and such deed or 
mortgage has been registered, such registration shall be as valid 
and binding to all intents and purposes as if such proof or ac- 
knowledgment had been taken by the clerk of the superior court 
of the county in which said land is situated: Provided, that noth- 
ing herein shall effect the rights of third parties who are purcha- 
sers for value and without notice. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 8th day of February, A. D. 1899. 



Chapter Hi, laws 
1895. relating to 
appointment 
of special tax 
•ollector. 



Conflicting laws 
repealed. 



CHAPTER 67. 

An act to amend chapter one hundred and fourteen of the public laws 
of eighteen hundred and ninety-five. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and fourteen (114) of the 
public laws of one thousand eight hundred and ninety five b« 
and the same is hereby amended as follows: By striking out the 
words "and Robeson" in line one of section one. 

Sec. 2. That all laws and clauses of laws in conflict, with this 
act are hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 10th day of February, A. D. 1899. 



1899 -Chapter 68—69. 201 

CHAPTER 58. 

An act to amend chapter thirty-eight of The Code in regard to the Board 

of Internal improvements. 
The General Assembly of North Carolina do enact : 

Section 1. That seetionone thousand six hundred and eighty- .section 168S 
eight of The Code be and the same is hereby repealed, and the Code ' repealed, 
following substituted therefor : ' 'The Board of Internal Improve- Board internal 
nients shall consist of nine members, to be elected biennially by nh^m^lE^ 
the general assembly on joint ballot, one of whom shall be from Q« orum - 
each congressional district, any five of whom shall constitute a Vacancies, how 
board for the transaction of business: and in case of vacancies fllled - 
occurring in the board, the same shall be filled by the other mem 
bers. The said board shall be a corporate body under the name Body corporate, 
and style of the Board of Internal Improvements, and shall have 
all the rights, powers and privileges of a corporation, necessary Rights, powers, 
to enable it to discharge the duties imposed upon it. The first Fi C rst meeting, 
meeting of said board shall be held in the city of Raleigh on the 
twenty fourth day of February, eighteen hundred and ninety- 
nine. 

Sec. 2. That section one thousand six hundred and eighty nine Amended, 
of The Code be amended by striking out the first and second 
lines thereof down to the words "may appoint," in the second 
line, and by inserting the following therefor: -'The members of PresideLt-meet- 
said board shall elect a president and said beard may hold its ses mgs " 
sions whenever and wherever the president may direct." 

Sec. 8. That section one thousand seven hundred and eighteen Amended, 
of The Code be amended by striking out the word "directors," 
in the first line of said section, and inserting in lieu thereof the 
word "members." 

Sec. 4. That chapter thirty eight of The Code as amended by 
this act is re-enacted. 

Sec. 5. That all laws and clauses of laws in conflict with this conflicting laws 
act are hereby repealed. repealed. 

Sec. 6. That this act shall be in force from and after its ratift 
cation. 

Ratified the 10th day of February, A. D. 1899. 



CHAPTER 69. 

An act to amend taction one hundred and fourteen of The Code of 
North Carolina. 

The General Assembly of North Carolina do enact : 

Section 1. That section one hundred and fourteen of The Code section I U, Code 
be amended by adding the following: '-Provided, that the clerk am ended. 
of the superior court of Bertie county may absent himself from 



202 



1899— Chapter 69—70—71. 



Proviso. his office on any Monday except the first Monday in each month 

by providing a competent deputy to keep his said office open and 
to transact the business thereof." 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1899. 



CHAPTER 70. 



An act to amend chapter one hundred and sixy-one of the laws of eigh- 
teen hundred and ninety-five, entitled "An act to confer jurisdiction of 
the probate of deeds in certain cases." 



Jurisdiction ex- 
tended to county 
of Bertie. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and sixty-one, acts of 
eighteen hundred and ninety-five, as amended by chapter eighty- 
seven, acts of eighteen hundred and ninety seven, be amended 
by adding in section four (4) thereof, after the word "Beaufort," 
in the last line, the words, "and the county of Bertie." 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 8th day of February, A. D. 1899. 



CHAPTER 71. 
An act to incorporate the " Beaufort and Pamlico Railroad Company." 



Corporators. 



Body corporate, 
etc.— name. 

Limit of cor- 
porate life. 
May sue and be 
sued, etc. 
Common seal. 



May hold prop- 
erty and convey 
same. 



Timber lands- 
limit. 



The General Assembly of North (Carolina do enact : 

Section 1. That Peter Whaley, S. H. Whaley, and William B. 
Rodman, all of the county of Beaufort, their associates, succes- 
sors and assigns, are hereby created and constituted a body poli- 
tic and corporate under the name and style of the "Beaufort and 
Pamlico Railroad Company," and as such shall have a corporate 
existence for the period of sixty (60) years, and by that name may 
sue and be sued, plead and be impleaded ; may have and use a 
common seal, which may be altered at the will of the said com- 
pany. 

Sec. 2. That the said corporation shall be capable of acquiring 
by purchase, gift or otherwise, and of holding, leasing, convey- 
ing or mortgaging property, real, personal or mixed, and may 
own and hold standing and growing timber and timber lands in 
excess of three hundred acres but not exceeding one hundred 



1899— Chapter 71. 203 

thousand acres; that the said company shall have and enjoy all 

the rights and immunities which other corporate bodies may Rights, imrnuni- 

lawfully exercise, and may make all necessary bylaws for its UeSi b y- laws - 

government, not inconsistent with the constitution and laws of 

the United States and the state of North Carolina. 

Sec. 3. That the capital stock of said company shall consist of capital stock, 
twenty thousand dollars, divided into two hundred shares of the shares 
par value of one hundred dollars each, which said stock may be 
subscribed in land, material, labor, money, or bonds. That the stock, in what, 
capital stock may be increased at any time by a vote of the stock- increase of capital 
holders to an amount not exceeding one hundred thousand dol- " tock 
lars. : Subscription 

Sec. 4. That the books of subscription to the capital stock may 
be opened at such time and place, under such rules and regula 
tions, as the corporators or a majority of them may direct. stocfe holders' 

Sec. 5. That when the sum of five thousand dollars has been me eting-notice. 
subscribed to the capital stock of the said company and ten per 
centum thereof has been paid in, a general meeting of the stock- 
holders shall be held, after five days" notice to the [subscribers. 
That at such general meeting, the stockholders (the majority of Board of direct- 
the stock being represented in person or by proxy), shall elect a urs - howman J r - 
board of directors, to consist of not less than three and not more President— com- 
than nine, and shall elect one of the said directors as president, uon 
and may do and perform all other acts necessary and proper to 
complete the organization of the said company and to carry into, 
effect the object of this charter, in accordance with the direction stock— vote, 
of the stockholders. That in all stockholders' meetings each 
share of stock shall be entitled to one vote. That immediately 
after the general meeting of the stockholders, the directors elected Officers, 
at such stockholders' meeting shall meet and elect such other 
officers for the said company as the by laws may prescribe. That Annual meetings 
there shall be annual meetings of the stockholders to be held at timeTetc. erS_ 
such time and place as the stockholders may designate, and at President and 
such annual meetings the president and directors shall be elected, ^! w ? n 5 l n rS eleeted 
who shall ho'd office for one year and until their successors are Term of office, 
elected and qualified. May build rail- 

SEC. 6. That the said company, upon its organization, shall roa — w ere- 
have the power and authority to construct, build, maintain and 
operate a railroad from some point in Beaufort county, on either 
Durham's creek, Pamlico river or South creek, to some point on May build branch 
Neuse river or its tributaries in Pamlico county, and may build roads— llmit - 
branch roads running out from the main line, not exceeding 
twenty miles in length; that said road and branches may be of Gauge-change 
such guage as the company may select and may be changed at gauge ' 
any time; that the said company shall have the power to build, steamboats, 
own and operate, in connection with said road, steamboats either 
for towing, carrying freight or passengers if the said company 



204 



1899— Chapter 71. 



May become a 
common carrier 
at its own 

election. 
Contracts. 



May charge for 
carrying, etc. 



( loramOD carrier 
—notice. 



Branch roads 
may be taken 
HP- 
May construct 
and operate tele- 
phone lines. 



May charge tolls. 



May subscribe to 
the capital stock 
of other corpora- 
tions 

May deal in real 
estate, lumber, 
etc. 



May own and 
operate sawmills 
etc. 



Lease of fran- 
chises. 



shall so desire ; that the said company need not become a coin 
mon carrier of freight or passengers unless it so elect; that the 
said company may contract with any person, firm or corporation 
to carry logs or timber for said person, firm or corporation with 
out becoming a common carrier, and may charge therefor such 
sum as the said company and said person, firm or corporation 
may mutually agree upon; that the said company may carry 
agricultural products from the country adjacent to its lines to 
market without becoming a common carrier and may charge 
therefor such sum as may be agreed upon for such services ; that 
if the said company shall desire to become a common carrier of 
freight or passengers it shall have the power and authority so 
to do, but shall give notice of such intention by publishing the 
same in some newspapers published, one in Craven, one in Pain 
lico and one in Beaufort county, if any there be; that the branch 
roads may be taken up by said company at any time it may 
elect; that the said road may be operated either by steam or 
electricity. 

Sec. 7. That the said company shall have full power to locate, 
construct, equip and operate telephone lines or telegraph lines 
in or through the counties of Beaufort, Pamlico or Craven, with 
full power as given herein for the construction and operation of 
the said railroad, and make such traffic arrangements with other 
telegraph or telephone lines as it may desire, not inconsistent 
with the laws of the state of North Carolina, and may charge for 
the use of the said line or lines such tolls as the said company 
may fix, not inconsistent with the laws of the state of North Car 
olina. 

Sec. 8. That the said company may subscribe to the capital 
stock of any other corporation now in existence or hereafter pro 
jected in this state or elsewhere and may hold shares in the same. 
It may buy, sell, own, hold and deal in real estate, standing trees 
or lumber, lumber materials and supplies, and all other goods, 
wares and merchandise of any and all kinds; it may build, own, 
equip and operate sawmills, planing mills, shingle mills, dry 
kilns, hotels, boarding he uses and all other buildings, mills, ma 
chinery, apparatus, necessary and convenient for the conduct of 
any part of its business ; it may contract to cut and remove tim 
ber from any lands adjacent to its road or branches therefrom, 
and may build branch roads into any timber land it may own 
or from which it may contract to remove the timber, and remove 
the said branch lines at pleasure. 

Sec. 9. That the said company shall have power to lease its 
franchises or any part thereof for such time and upon such 
terms as they may think advantageous to the interest of the com 
pany. That the president and directors of the said company shall 



1893— Chapter 71. 205 

have power at any time to borrow money upon the bonds of the Borrow money, 
company, and to secure the same by mortgage or other^legal se- 
curities. That the said company shall have full power and it is 
herebv authorized to use any section of the said road constructed section of road— 

use tolls etc 

by it before the whole of the said road shall be completed, and 
may charge for the transportation thereon and contract for 
transportation thereon as hereinbefore provided. 

Sec. 10. That it shall be lawful for any officers, agent, surveyor, Entrance upon^w 
engineer or employee of said company io enter at all times upon an s ' e c 
all lands or waters for the purpose, of exploring, leveling or doing 
anything necessary or proper to be done for laying out the said 
road and locating the same and for the purpose of erecting alj 
necessary works and buildings requiring in this behalf, paying Injury to private 
for all injury to private property whenever any land is required proper y - 
in the construction of its road or any of its branch lines for 
rights-of-way, warehouses, depots, water stations, turnouts, work- 
shops, or for other buildings or purposes; and when the company 
and owner of the land shall be unable to agree on the value 
thereof, the company may, in the prosecution of its work, enter 
upon said land and either party may have the value of the land 
thus occupied or needed, ascertained and determined in the fol" value of land 
lowing manner: Application may be made by either party in how' determined, 
writing to the clerk of the superior court in the county where 
the land lies, setting forth the location and a minute description 
of the same, and the clerk shall thereupon issue his order in writ- 
ing to the shei'ff of said county commanding him to summon 
three disinterested freeholders of the said county, who after be- 
ing duly sworn shah meet on the premises at some agreed time 
within three days from the time of being summoned and assess 
the damages to the land of the owner of said land and shall in 
estimating said damages take into consideration any benefit to considerations in 
the owner from the construction of the road. Said freeholders darmges^ 
shall make report in writing to the said clerk in ten days from Report, 
the time of meeting, and said report shall be recorded by the papers filed, ttc. 
clerk and he shall file all papers in the cause in his office. Upon 
the payment to the owner or to the clerk for him the amount so 
assessed, the title to the land described in the petition shall vest Title to land, 
in said company: Provided, that either party may have the right p^iso** 8 " 
to appeal from such finding of the freeholders to the superior 
court of said county, which appeal shall be governed by the law 
relating to appeals from the clerk. 

Sec. 11. That it shall not be necessary for the said company to Map— profile etc. 
file in the office of the clerk of the superior court of either Cra —condition, 
ven, Pamlico or Beaufort county, any map or profile of the route 
intended to be adopted by such company in constructing said 
road or any part thereof. It shall not be necessary for the com- 



206 



1899— Chapter 71—72—73. 



Stock lion 
assessable- 
liability. 



Conflicting laws 
repealed. 



pany to make and file in the office of register of deeds of the said 
county any map or profile of said road and the land taken or ob 
tained for the use thereof unless the said company elects to be 
come a common carrier of freight and passengers as herein pro 
vided, in which event the said maps and profile shall be filed. 

Sec. 12. That none of the stock in the said company shall be 
assessable, nor shall the owner thereof bs liable for the obliga 
tion, indebtedness or any liability whatever of the said corpora 
tion. 

Sec. 13. That all laws and parts of laws in conflict with this 
act be and the same are hereby repealed in so far as they conflict 
with this act. 

Sec. 14. That this act shall take effect from'and after its ratifi 
cation. 

Ratified the 10th day of February, A. I). 1899. 



Chapter 423, laws 
1893, relating to 
North Carolina 
Industrial Asso- 
ciation. 



CHAPTER 72. 

An act to amend chapter four hundred and twenty-six of the public laws 
of eighteen hundred and ninety-three. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter four hundred and twenty-six of the 
public laws of eighteen hundred and ninety-three be amended 
by striking out the word "farm" in sections one, two and three 
and insert in lieu thereof the words "public roads or streets." 

Sec. 2. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 10th dav of February. A. D. 1899. 



Laws relating to 
normal school 
for olored race 
repealed. 



CHAPTER 73. 

An act to repeal chapter two hundred and seventeen, laws of eighteen 
hundred and ninety-five, and chapter one hundred and nineteen, laws of 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter two hundred and seventeen, public 
laws of eighteen hundred and ninety five, and chapter one hun- 
dred andnineteen, public laws eighteen hundred and ninety seven 
be and the same are hereby repealed. 

Sec. 2. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 10th day of February, A. D. 1899. 



1899— Chapter 74—75—76. 207 

CHAPTER 74. 

An act to amend chapter two hundred and ninety-seven of the public 
acts of eighteen hundred and ninety-five. 

The General Assembly of North. Carolina do enact : 

Section 1. That section (3) three, chapter (297) two hundred chapter 297. laws 
and ninety-seven of the public acts of one thousand eight hun- g^ded schools* 

dred and ninety-five (1895) be amended by adding the words Elections for 
v J ° special school 

"Beaufort count v" to the list of counties exempted from the taxes held in all 

,. „ . ,* , counties in the 

operation of said act. state amended. 

Sec. 2. This act shall be in force from and after its ratification. 

'Ratified the 13th day of February, A. D. 1899. 



CHAPTER 75. 
An act to amend section three thousand one hundred of The Code. 

The General Assembly of North Carolina do enact : 

Section 1. That section three thousand one hundred of The Section 3100, Code, 
Code be amended by inserting in line four (4) thereof, after the ffea^partrferships, 
word "term" and before the word "and"' the words "except the amended 
word limited." 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th dav of February, A. D. 1899. 



CHAPTER 76. 
An act to provide for the free passage offish in Mingo creek. 

The General Assembly of North Carolina do enact : 

Section 1. That it shall be unlawful for any person to place, obstruction by 
keep or maintain any wire net trap or any obstruction whatever wires, nets, traps, 
to the free passage of fish in Mingo creek in the counties of Cum- 
berland, Sampson, Harnett and Johnston: Provided, this sec- proviso, 
tion shall not apply to mill dams. 

Sec. 2. Any person violating the provisions of this act, upon violations— con- 
conviction shall be fined not exceeding fifty dollars or imprisoned viction— flae - 
not exceeding thirty days. 

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

Ratified the 13th day of February, A. D. 1899. 



20S 



1899— Chapter 77. 



CHAPTER 77. 

An act to ratify the consolidation of the Petersburg Railroad Company 
with the Richmond and Petersburg Railroad Company, under the name 
of the Atlantic Coast Line Railroad Company of Virginia, and to incor- 
porate the said Atlantic Coast Line Railroad Company of Virginia in 
Worth Carolina. 

Preamble. Whereas, the Richmond and Petersburg Railroad Company, a 

corporation created by the laws of the state of Virginia, has by 
virtue of the power given by an act of the general assembly of 
Virginia, approved March the first, eighteen hundred and ninety- 
eight, acquired the ownership of all the property, rights and fran 
chises of the Petersburg Railroad Company, including that por- 
tion thereof which is located in this state, and the said Richmond 
and Petersburg Railroad Company and Petersburg Railroad 
Company have become consolidated under and upon the terms 
of said act, and such consolidated company has, by virtue of the 
authority given in said act, changed its name to the Atlantic 
< 'oast Line Railroad Company of Virginia; now, therefore. 



Purchase ratified. 



Atlantic Coast 
Line made a 
domestic corpora 
tion. 



Name. 

May sue and be 
sued, etc. 
Seal— powers- 
restrictions. 



Operation of 
railroads. 

Rights, powers, 
etc. 



The General Assembly of North Carolina do enact : 

Section 1. That the purchase by the said Richmond and Pe 
tersburg Railroad Company of that portion of the road-bed and 
other property, rights and franchises of the Petersburg Railroad 
Company which are in the state of North Carolina is hereby rati- 
fied and approved. 

Sec. 2. That the Atlantic Coast Line Railroad Company of 
Virginia, a corporation created by and existing under the laws of 
the state of Virginia, is hereby created a body politic and corpo 
rate in the state of North Carolina under and by the aforesaid 
name of the Atlantic Coast Line Railroad Company of Virginia, 
and by such name may sue and be sued, may adopt a common 
seal and change the same at will, and have all the general powers 
and be subject to all the general restrictions granted and im- 
posed by the laws of this state to and upon railroad companies. 

Sec. 3. The said Atlantic Coast Line Railroad Company of Vir- 
ginia is hereby authorized and empowered to maintain and oper 
ate the railroad which formerly belonged to the Petersburg Rail 
road Company in this state, and is hereby given all the rights, 
powers and privileges and made subject to all the restrictions, 
except the restriction as to the term to which its charter is lim 
ited, granted and imposed by the charter of the said Petersburg 
Railroad Company or any amendments thereto in the state of 
North Carolina. 



1899— Chapter 77—78—79. 209 

Sec. 4. The powers given by this act to the Atlantic Coast Powers— condi- 
Line Railroad Company of Virginia are granted upon the express tartfft^regula^ - 
condition that the property of the said Atlantic Coast Line Rail tions > etc ' 
road Company of Virginia in this state shall always be liable to 
taxation under the constitution and laws of this state, and that 
said company shall be subject [to] the tariffs, rules and regula- 
tions prescribed by the board of railroad commissioners. 

Sec. 5. This act shall be in force from and after its ratification. 

Ratified the 13th day of February. A. D. 1899. 



CHAPTER 78. 

An act to annul sections one hundred and forty-eight and one hundred 
and sixty-three of The Code of Civil Procedure of North Carolina re- 
moving disabilities of married women 

The General Assembly of North Carolina do enact : 

Section 1. That sections one hundred and forty eight and one Q & e f Qivii Pro- 
hundred and sixty three of chapter ten of The Code of North cedure amended. 
Carolina be amended as follows: Strike out all of sub section 
four of section one hundred and forty eight, and in the last line 
of said section strike out the words "or discoverture, " and strike 
out all of subsection four of section one hundred and sixty-three- 

Sec. 2. That in all actions commenced after the ratification of Adverse posses- 

this act bv married women heretofore protected by sub sections sion— computa- 

tion of time, 
four of sections one hundred and forty eight and one hundred 

and sixty-three of The Code, in which the defense of adverse 

possession shall be relied upon, the time computed as constituting 

such adverse possession shall not include any possession had 

against such married woman prior to the passage of this act. 

Sec. 3. That this act shall not apply to suits pending in the Does not apply to 
courts of this state at the date of its ratification. sults pending. 

Sec. 4. That this act shall be in full force and effect from and 
after its ratification. 

Ratified the 13th day of February, A. D. 1899. 



CHAPTER 79. 
An act to repeal chapter sixty-six, volume two of The Code. 

Tlie General Assembly of North Carolina do enact : 

Section 1. That chapter sixty-six, volume two of The Code of chapter 66, Code, 
North Carolina, be and the same is hereby repealed. repealed. 

Sec. 2. That the counties of Currituck, Dare, Hyde, Carteret> Counties. 
Onslow, Brunswick and New Hanover are hereby divided into 
the following wreck districts, namely: 

14 



210 



1899— Chapter 79. 



Three districts in 
Currituck— 
boundaries, etc. 



Six districts 
in Dare— bound- 
aries, etc. 



Two districts in 
Hyde— bound- 
aries. 



Five districts in 
Carteret— bound- 
aries. 



Two districts in 
Onslow— bound- 
aries. 



Two districts in 
New Hanover- 
boundaries. 



Two districts 
in Brunswick- 
boundaries. 



Speaker of house 
to appoint— term. 



Bond and surety. 

Amount— how 
conditioned. 



ad approved. 



Sec. 3. The county of Currituck .shall be divided into three dis- 
tricts. The first to extend from the Virginia state line to Judy's 
cove; the second district to extend from Judy's cove to Josephus 
Baums' fish house; the third district to extend from Josephus 
Baums' fish house to the county line of Dare. 

Sec. 4. That the county of Dare shall be divided in six dis 
tricts. The first to extend from the county line of Currituck to 
the north point of Oregon inlet; the second district to extend 
from the north point of Oregon inlet to the south point of New 
inlet; the third district to extend from south point of New 
inlet to the patrol house between Gull Shoal and Little Kenna- 
keet Life Saving Stations; the fourth district to extend from the 
last-named patrol house to the patrol house between Big Kenna 
keet and Cape Hatteras Life Saving Stations ; the fifth district 
to extend from the last named patrol house to Creed's Hill Life 
Saving Stations; sixth district to extend from Creed's Hill Life 
Saving Stations to the county line of Hyde county. 

Sec. 5. That the county of Hyde shall be divided into two dis- 
tricts. First district to extend from the Dare county line to the 
eastern point of the Great Swash; second district to extena*from 
the eastern point of the Great Swash to the Carteret county line. 

Sec. 6. That the county of Carteret shall be divided into five 
districts. The first from the Hyde county line to Ocracoke inlet; 
the second from Ocracoke inlet to a southeast line from Harbor 
island to the sea ; the third from said line to a due southeast line 
from Shell Point on Harker's island to the sea; fourth from the 
last -mentioned line to Old Topsail inlet; fifth district from the 
Old Topsail inlet to the Onslow county line. 

Sec. 7. The county of Onslow shall be divided into two dis- 
tricts. The first from Bogue inlet to New River inlet; the second 
from New River inlet to the New Hanover county line. 

Sec. 8. The county of New Hanover shall be divided into two 
districts. The first to extend from Onslow county line to Deep 
inlet; the second from Deep inlet to the Brunswick county line. 

Sec. 9. The county of Brunswick shall be divided into two dis- 
tricts. The first to extend from New inlet to Lockwood's Folly ; 
the second from Lockwood's Folly to the South Carolina line. 

Sec. 10. That the speaker of the house of representatives be 
and he is hereby authorized and empowered to appoint a com 
missioner of wrecks for each district named in this act, who shall 
hold their office for two years from the date of their appoint- 
ment, each of whom shall enter into a bond, with good and suffi- 
cient surety, in the sum of two thousand dollars, payable to the 
state of North Carolina, and conditioned for the faithful per- 
formance of their duties, which shall be approved by the board 



1899— Chapter 79. 211 

of county commissioners and deposited in the office of the clerk 
of the superior court. 

Sec. 11. That each commissioner, before entering upon the oath of office, 
duties of his office, shall go before some officer duly authorized 
to administer oaths and take an oath to faithfully perform the 
duties cf his office. 

Sec. 12. That no person who holds any office of profit or trust who may not 
under the laws of the United States or the state of North Caro- hold offlce - 
lina, nor any person who is a pilot shall hold the office of com- 
missioner of wrecks. 

Sec. 13. That each commissioner shall reside in the district for Residence of com- 
which he is appointed, unless separated by navigable waters, in mi ssioners. 
which case the distance shall not exceed three miles: Provided, proviso, 
the restrictions herein contained and imposed shall not apply to 
Hyde county. 

Sec. 14. That upon the earliest intelligence giv«n that any ship Duties of com- 
or other vessel is stranded, it shall be the duty of the commis- missloners - 
sioner in whose district the same is stranded, or his duly author- 
ized agent, to proceed at once to such wreck, and upon the per- 
mission of the master of such wrecked ship, or other stranded 
vessel, the said commissioner or agent shall immediately pro- 
ceed to summon a sufficient number of men who, under the direc- 
tion of the commissioner acting, shall at'once proceed to save the Assistance to be 
cargo and material of such wrecked vessel, and each and every summoned, 
person who assists in saving such cargo or material shall within Pay of assistants, 
thirty days after saving the same be paid a reasonable reward 
by the owner or master of such vessel, or by the merchant whose 
vessel or goods shall be saved. 

Sec. 15. That in default of payment of a reasonable compen security for pay 
sation as provided in section (14) fourteen of this act, the goods or of assistants, 
property so saved shall remain in the joint custody of the com- 
missioner and salvors until all reasonable charges be paid, or se- 
curity given for that purpose to the satisfaction of the parties 
saving such goods or other property. 

Sec. 16. That if the parties shall disagree touching the amount Disagreement m 
of reward or salvage to be paid to the persons employed, the ^i y m °!L nt £** 
commander, owner or commissioner who are representing the tion. 
same shall choose one disinterested person, and also the salvors 
shall nominate one other who shall adjust and ascertain the 
same; and if the persons thus chosen can not agree, they shall 
choose one other indifferent person as umpire to decide between 
them: Provided, that the amount to be paid such salvors shall 
be determined and agreed upon before sale is made of such goods. 

Sec. 17. That the commissioner or his duly authorized agent 
shall be the only proper person to take charge of, advertise and commissioner or 
sell any vessel, cargo or other wrecked property that may be a g , ' nts sba11 ha J e 

etc. 



212 



1899— Chapter 79. 



Books— record of 
sales, etc. 
Commission for 
selling. 

Proviso. 



Commissioner 
shall receive 
nothing but his 
commissions. 

Sales of vessels, 
cargoes, etc., 
advertisement, 
etc. 



Amount awarded 
to salvors to be 
retained in hands 
of commissioner. 



Proviso. 
Further proviso. 



Unclaimed 
vessels, how 
disposed of. 



Sales— notice to 
clerk superior 
court, etc. 



Proceeds for- 
warded to clerk of 
court. 



Duties of clerk of 
superior court in 
respect to moneys 
in his hands. 



stranded or cast ashore in his district, and each commissioner 
shall provide himself with books and shall record in them all 
such sales by him made, and every commissioner shall receive for 
selling any such wrecked or stranded property five per centum 
on the amount of sales: Provided, that if any owner or merchant 
or his agent shall remove any such goods or stranded property 
from the custody of any commissioner without a sale, then such 
commissioner shall receive two and one-half per centum (2y 2 ) on 
the amount of the value of such property, which amount shall 
be ascertained in the same manner as provided for ascertaining 
the amount to be paid salvors as provided in section sixteen (16) 
of this act. 

Sec. 18. That no commissioner shall receive any salvage or re- 
ward except his commissions as prescribed in the preceding sec- 
tion. 

Sec. 19. That whenever any cargo or material of any ship or 
vessel, or any other wrecked or stranded vessel or property shall 
come into the hands of any commissioner of wrecks, he shall pro 
ceed to advertise and sell the same at public sale, first giving 
twenty days' notice at three public places ; and after all such 
sales made by any commissioner of wrecks, he shall retain in his 
hands the amount awarded to the salvors, as provided in section 
sixteen of this act, and said commissioner shall also receive five 
per centum as his commission out of the gross amount of such 
sales: Provided, that all necessary expenses shall be deducted 
from the gross proceeds of such sales: Provided further , that the 
necessary expenses as provided in this section shall only include 
the cost of advertising, guarding and survey, when any such sur- 
vey may have been called by a notary public as is provided by 
the revised statutes of the United States. 

Sec. 20. That if any vessel or other stranded property shall be 
cast ashore or taken up at sea and brought to shore, and no per- 
son is present to claim the same as owner, it shall be the duty of 
the commissioner in whose district the same is brought or cast 
ashore, to take charge of, advertise and sell as provided in section 
nineteen of this act. 

Sec. 21. That when any commissioner shall undertake to sell 
any property as provided in the preceding section, it shall be his 
duty to notify the clerk of the superior court of such sale ; and 
after all such sales made, said commissioner shall forward to the 
clerk of the superior court of his county the proceeds of such sale, 
after having deducted his commissions of five per centum and 
paying the salvors the amount awarded to them as provided in 
section sixteen of this act. 

Sec. 22. That it shall be the duty of the clerk of the superior 
court to make a record and keep an account of all moneys re- 



1899— Chapter 79. 213 



eeived by him from any commissioner of wrecks, and he shall 
advertise in some weekly newspaper published in North Carolina 
the amount so received, giving- a true description of the marks, 
numbers and kinds [of] goods or other stranded property for 
which the same Avas sold: Provided, that each commissioner proviso, 
shall give the clerk of the superior court all necessary informa- 
tion for the proper enforcement of the foregoing section in each 
return made by them to the clerk; and the clerk shall advertise 
for the space of sixty days, and if no person shall come to 
claim the same within a year and a day from the date of adver- 
tisement, then the clerk holding such money shall transmit the 
same, after deducting one per centum for his trouble and also Deductions for 
after deducting the cost of advertising, to the treasurer of the trouble ' etc - 
state for the benefit of the public school funds. 

Sec. 23. That if any person shall claim to be the owner of any claimants must 
property sold as provided in the preceding section and shall pre- satinf- Vtionof 
sent his claim to any clerk holding such moneys, it shall be the clerk, 
duty of such person to prove his title to the satisfaction of any 
clerk holding such money: Provided, that if any person making proviso, 
a claim to such property be unknown to the clerk, then the said 
clerk shall submit such claim to the consideration of three disin- 
terested persons, one of whom shall be chosen by said claimant, 
and the decision of said referees shall always be final. 

Sec. 24. If any person shall find any wrecked or stranded prop" Person finding 

erty on or near the seashore, and no person being present to claim property shall 

r give information, 

the same, he shall as soon as possible give information to the etc. 

nearest commissioner of wrecks, to be advertised and sold as pro- 
vided in section nineteen of this act ; and if such finder shall re- 
fuse to report such goods found he shall be deemed guilty of a Refusal— misde- 
misdemeanor and upon conviction shall be fined not less than meanor— fine, 
five nor more than fifty dollars. 

Sec. 25. If any commissioner shall by fraud or willful neglect Abuse of office- 
violate any of the provisions of this act or abuse the trust re- forfeitures . etc 
posed in him, he shall forfeit and pay double the amount of dam- 
ages to the party aggrieved and shall forfeit his office and shall 
thereafter be incapable of acting as commissioner. 

Sec. 26. Any person found guilty of violating any of the pro- violations— fine 
visions of this act shall be fined or imprisoned in the discretion of or imprisonment, 
the court. 

Sec. 27. That all laws and clauses of laws in conflict with this Conflicting laws 
act be and the same are hereby repealed. . repealed. 

Sec. 28. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 18th day of February, A. 1). 1899. 



214 



1899 -Chapter 80—81. 



CHAPTER 80. 

An act to authorize the commissioners of McDowell county to levy a 
special tax. 



Special tax levy 
to meet outstand- 
ing indebtedness, 
etc. 



Amount of levy- 
limit. 



Constitutional 
equation, etc. 



Tax, how col- 
lected. 



The General Assembly of North Carolina do enact : 

Section 1. That the board of commissioners of McDowell 
county are hereby authorized and empowered, at their regular 
meeting on the first Monday in June, one thousand eight hundred 
and eighty [ninety] nine, one thousand and nine hundred, one 
thousand nine hundred and one, and one thousand nine hundred 
and two, to levy a special tax upon the taxable property and polls 
of said county for the purpose of discharging the outstanding in- 
debtedness other than the bonded indebtedness of said county. 

Sec. 2. That the amount of tax to be levied under this act 
shall be determined by said board of [county] commissioners, but 
shall not exceed in any year fifteen cents on the hundred dollars 
worth of property and forty-five cents on the poll, and the con- 
stitutional equation between the property and the poll shall 
always be observed in making levies. 

Sec. 3. That said tax shall be collected and accounted for by 
the sheriff or tax collector of said . county in the same manner 
and under the same penalties prescribed for the collection of 
other taxes in said county. 

Sec. 4. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th day of February, A. D. 1899. 



CHAPTER 81. 



An act to allow the commissioners of Jones county to sell poor-house 
lands and appurtenances. 



Sale of poor- 
house, etc. 



The General Assevibly of North Carolina do enact: 

Section 1. That the county commissioners of Jones county be 
and the same are hereby authorized and empowered to sell the 
old poor-house lands and appurtenances, and apply the proceeds 
of such sale to the improvement of the new site recently pur- 
chased by said board. 

Sec. 2. That this act shall be in full force and effect from and 
after its ratification. 

Ratified the 13th day of February, A. D. 1899. 



1899— Chapter 82—83. 215 

CHAPTER^. 

An act for relief of certain children in the state. 

The General Assembly of North ( arolina do enact : 

Section* 1. That whenever any moneys less in amount than Money paid into 
t went j (§30.00) dollars shall be paid into court for indigent or chudren-dfsposi- 
needy children for whom no one will become guardian, upon sat- t,ionto bemadeof 
isfactory proof of their necessities, the clerk may pay the same 
tipon his own motion or order to the mother or other person who 
has charge of said minor or to some discreet neighbor of said 
minor to be used for the benefit or maintenance of said minor. 
Such person shall be solvent and shall faithfully apply any 
money so paid to him or her. 

Sec. 2. The clerk shall take a receipt from the person to whom Check— receipt- 
recorded, 
the same is paid and record it in a book entitled "Record of 

amounts paid for indigent children/' and the same shall be a 

valid acquittance for said clerk^ 

Sec. 3. That this act shall not apply to amounts greater than Act limited to 
twenty dollars. 

Sec. 4. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th day of February, A. D. 1899. 



CHAPTER 83. 



An act to repeal chapter two hundred and seventy-one, public laws of 
eighteen hundred and ninety-seven, in regard to the drainage of " Big 
Sugar " creek, in Mecklenburg county, North Carolina. 

The General Assembly of Nortli Carolina do enact: 

Section 1. That chapter two hundred and seventy one, public R epe aied 
laws of eighteen hundred and ninety-seven, relating to the drain, 
age of Big Sugar creek in Mecklenburg county, N. C, be and the 
same is hereby repealed. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th day of February, A. D. 1898. 



216 



1899 -Chapter 84—85—86. 



Chapter 49, Code, 
relating to cor- 
porations. 
Telephone lines- 
privileges, etc. 



CHAPTER 84. 
An act to amend chapter forty-nine of The Code. 

The General Assembly of North Carolina do enact: • 

Section 1. That a'l telephone companies and telephone lines 
that are now or may hereafter be established or operated in this 
state shall have all the rights, powers and privileges and be sub- 
ject to all the regulations prescribed for telegraph companies and 
telegraph lines in chapter forty-nine (49) of The Code. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 13th day of February, A. D. 1899. 



Chapter 361, laws 
of 1897, relating to 
graded school in 
Clay county, 
repealed. 

Taxes collected 
for graded school 
to be paid into 
county school 
fund. 



CHAPTER 85. 

An act to repeal chapter three hundred and sixty-one, public laws of 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter three hundred and sixty one (361). 
public laws of eighteen hundred and ninety seven, establishing a 
graded school at Hayesville, in Clay county, be and the same is 
hereby repealed. 

Sec 2. That all taxes collected in said graded school district 
under the provisions of said chapter for the years eighteen hun- 
dred and ninety-seven and eighteen hundred and ninety-eight, 
which have not been expended for the benefit of said graded 
school, shall be paid into the county school fund and placed to 
the credit of the public school district or districts to which the 
taxpayers of said graded school district may belong after the 
passage of this act. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th day of February A. D. 1899. 



CHAPTER 86. 

An act to prevent the sale of adulterated and unbranded food, and to 
amend and make more effective the provisions of chapter one hundred 
and twenty-two, laws of one thousand eight hundred and ninety-five. 

The General Assembly of North Carolina do enact : 

Poods, beverages Section 1. That for the purpose of protecting the people of 
to be°analyzea\ S the state from imposition by the adulteration and misbranding 
etc., by experts. f articles of food, the board of agriculture shall cause to be pro- 
cured from time to time and under rules and regulations to be 



1899— Chapter 86. 217 

prescribed by them, in accordance with section nine of this act. 
samples of food, beverages and condiments offered for sale in the 
state, and shall cause the same to be analyzed or examined mi- 
croscopically or otherwise by the chemists or other experts of the 
department of agriculture. The board of agriculture is hereby Publication of 
authorized to make such publications of the results of the exam- 
inations, analyses and so forth as they may deem proper. J 

Sec. 2. That no person, bv himself or agent, shall knowingly sales of adui- 

„ , , . ^ ■ ■ -xi terated foods, etc., 

manufacture, sell, expose tor sale or have in his possession with, forbidden. 

intent to sell, any article of food which is adulterated or mis- 
branded within the meaning of this act ; and any person who 
shall violate any of the provisions of this act shall be guilty of a Violations— mis- 
misdemeanor, and for such offense shall be fined not exceeding and i mpr ison- 
two hundred dollars for the first offense, and for each subsequent ment " 
offense not exceeding three hundred dollars or be imprisoned not 
exceeding one year, or both, in the discretion of the court; and 

such fines, less legal costs and charges, shall be paid into the Fines, how dis- 

, j * ■ . posed of. 

treasury of the state for the benefit of the department of agricul- 
ture, to be used exclusively in executing the provisions of this act. 

Sec. 3. That the chemists or other experts of the department Examinations, 
of agriculture shall make, under rules and regulations prescribed et 
by the board of agriculture, examinations of specimens of food, 
beverages and condiments offered for sale in North Carolina 
which may be collected from time to time under their directions 
in various parts of the state. If it shall appear from such exam 
ination that any of the provisions of this act have been -violated, 

the commissioner of agriculture shall at once certify the facts to Facts to be certi- 
,. .< , , . , ,, „, „ , , ., fled by commis- 

the proper solicitor, and furnish that officer a copy ot the result S j ner of agri- 

of the analysis duly authenticated by the analyst under oath. culture. 

Sec. 4. That it shall be the duty of every solicitor to whom the 
commissioner of agriculture shall report any violation of this act, Duties of solicit- 
to cause proceedings to be commenced and prosecuted without ors ' e 
delay for the fines and penalties in such cases provided. 

Sec. 5. That the term "food" as used herein shall include all Term "food," 

articles used for food— candy, condiment or drink, by man or do e °£ u 

mestic animals, whether simple, mixed or compound. The 

term "misbranded'" as herein used shall include all articles of Term, "mis- 

, . , , . , -x- j! * i i branded," shall 

food or articles which enter into the composition of food, the include what. 

package or label of which shall bear any statement purporting 

to name any ingredients or substances as being contained or not 

being contained in such article, which statement shall be false 

in any particular. 

SEC. 6. That for the purpose of this act an article of food shall When articles 
1 l deemed adul- 

be deemed adulterated— terated. 

First. If any substance or substances has or have been mixed 

or packed with it. so as to reduceor lower or injuriously affect its 



218 



1899— Chapter 86. 



Proviso. 



When food not 
deemed to be 
adulterated. 



Proviso. 



quality or strength so that such product when offered for sale 
shall deceive or tend to deceive the purchaser. 

Second. If any inferior substance or substances has. or have 
been substituted wholly or in part for the article so that the 
product when sold shall deceive or tend to deceive the purchaser. 

Third. If any valuable constituent of the article has been 
wholly or in part abstracted so that the product when sold shall 
deceive or tend to deceive the purchaser. 

Fourth. If it be an imitation of, and sold under the specific 
name of another article. 

Fifth. If it be mixed, colored, powdered, coated, polished or 
stained in a manner whereby damage or infirmity is concealed, 
so that such product when sold shall deceive or tend to deceive 
the purchaser. 

Sixth. If it contain any added poisonous ingredient, or any in- 
gredient which may render such article injurious to the health 
of the person consuming it- 
Seventh. If it be labeled or branded so as to deceive or mislead 
the purchaser, or purport to be a foreign product when branded 
so, or in an imitation either in package or label of an established 
proprietary product, which has been trade marked or patented. 

Eighth. If it consists of the whole or any part of a diseased, 
filthy, decomposed or putrid animal or vegetable substance, or 
any portion of an animal unfit for food, whether manufactured 
or not. or if it is the product of a diseased animal or animals that 
has died otherwise than by slaughter. 

Ninth. That candies and chocolate may be deemed to be adul- 
terated if they contain terra alba, barytes, talc, chrome yellow 
or other mineral substances, or poisonous colors or flavors, or 
other ingredients deleterious or detrimental to health: Provided, 
that an article of food, beverage, or condiment which does not 
contain any added poisonous ingredient shall not be deemed to 
be adulterated in the following cases: 

First. In the case of articles, mixtures or compounds which 
may be now, or from time to time hereafter, known as articles of 
food, beverages or condiments under their own distinctive names, 
and not included in definition fourth of this section. 

Second. In the case of articles labeled, branded or tagged so as 
to plainly indicate that they are mixtures, compounds, combina- 
tions, imitations or blends. 

Third. When any matter or ingredient has been added to the 
food, beverage or condiment because the same is required for the 
production or preparation thereof as an article of commerce, in 
a state fit for carriage or consumption, and not fraudulently to 
increase the bulk, weight or measure of the food, beverage or con- 
diment, or conceal the inferior quality thereof: Provided, that 



1899— Chapter 86. 219 

the same shall be labeled, branded or tagged as prescribed by 
the board of agriculture so as to show them to- be compounds 
and the exact character thereof; And provided further, that 
nothing in this act shall be construed as requiring or compelling 
proprietors or manufacturers of proprietary foods to disclose their 
trade formulas except in so far as the provisions of this act may 
require to secure freedom from adulteration or imitation; Pro- 
vided further, that nothing in this act shall be construed to ap Further proviso. 
ply to proprietary or patent medicines. 

Fourth. Where the food, beverage or condiment is unavoidably 
mixed with some harmless extraneous matter, in the process of 
collection or preparation; Provided further, that no person shall Further proviso. 
be convicted under the provisions of this act when he is able to 
prove a written guaranty of purity in a form approved by the 
board of agriculture as published in their rules and regulations, 
signed b5 T the wholesale jobber, manufacturer or other party 
from whom he purchased said article. 

Sec. 7. That the board of agriculture is hereby authorized to Board agriculture 
cause all compound, mixed or blended products to be properly cause "or^ounds 
branded and prescribe hoAV this shall be done. t° be branded. 

Sec. 8. That it shall be the duty of the board of agriculture to List of mixtures, 
prepare and publish from time to time lists of the articles, mix- f^'J? be pub ~ 
tares or compounds declared to be exempt from the provisions of 
this act in accordance with section six. The board of agriculture 
shall also from time to time fix and publish the limits of varia- Limits of vari- 
bility permissible in any article of food, beverage or condiment, abi J)* y h t °, be 
and these standards when so published shall remain the stand- 
ards before all courts: Provided, that when standards have been proviso, 
or may be fixed by the secretary of agriculture of the United 
States they shall be accepted by the board of agriculture and 
published as the standards for North Carolina. 

Sec. 9. That every person who exposes for sale or delivers to persons offering 
a purchaser any condiment, beverage or article of food, shall fur- articles for sale - 
nish, within business hours, and upon tender and full payment 
of the selling price, a sample of such condiments, beverages or 
articles of food to any person duly authorized by the board of 
agriculture to secure the same and who shall apply to such man- 
ufacturer or vender or person delivering to a purchaser such bev- 
erage or article of food, for such sample for such use in sufficient 
quantity for the analysis of such article or articles in his posses- 
sion. 

Sec. 10. That any manufacturer or dealer who refuses to com- Refusal to com- 
ply upon demand with the requirements of section nine of this P t ly ^u b 1 ^f c n - and ' 
act, or any manufacturer, dealer or person who shall impede, ob misdemeanor, 
struct, hinder or otherwise prevent or attempt to prevent any 
chemist, inspector or other person in the performance of his duty 



220 



1899 -Chapter 86—87—88. 



Punishment. 



Fines, how dis- 
posed of. 



Non-interference 
with commerce. 

Repealed. 



To be in force, 
when. 



in connection with this act shall be guilty of a misdemeanor and 
shall upon conviction be fined not less than ten dollars nor more 
than one hundred dollars, or be imprisoned not more than one 
hundred days, or both, in the discretion of the court, and said 
fines, less the legal costs, shall be paid into the treasury of the 
state for the benefit of the department of agriculture, to be used 
exclusively in executing the provisions of this act. 

Sec. 11. That this act shall not be construed to interfere with 
commerce, or any interstate commerce laws of the United States. 

Sec. 12. That chapter one hundred and twenty-two, laws of 
one thousand eight hundred and ninety-five, be and the same is 
hereby repealed. 

Sec. 13. That this act shall be in force from the first day of 
August, one thousand eight hundred and ninety-nine. 

Ratified the 13th day of February, A. D. 1899. 



CHAPTER 87. 



Amended. 



An act to amend chapter fifty-seven of the public laws of eighteen hun- 
dred and ninety-seven, to prevent public drunkenness. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter fifty-seven of the public laws of eigh- 
teen hundred and ninety seven be and is hereby amended by in- 
serting Graham county after the word " Henderson" in section 
two. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 13th day of February, A. D. 1899. 



CHAPTER 88. 
An act to increase the number of commissioners for Perquimans county. 



Commissioners 
increased. 



Persons added. 



The General Assembly of North Carolina do enact : 

Section 1. That the number of county commissioners for Per- 
quimans county is hereby increased to five for the term ending 
the first Monday in December, nineteen hundred. 

Sec. 2. That Anderson White and John D. Parker are hereby 
appointed additional commissioners for the said term which 
shall begin upon the ratification of this act. 



1899— Chapter SS— SO— 90. 221 

Sec. 3. That said additional commissioners shall qualify as New commission- 
early as practicable after the passage of this act, and shall meet ers to qualify, 
with the present commissioners for said county, and with them 
shall constitute the board of commissioners of Perquimans 
county. 

Sec. 4. That said board of commissioners shall organize on the shall organize, 
first Monday in March, eighteen hundred and ninety-nine, or as w en- 
early as practicable thereafter by electing a chairman. 

Sec. 5. The secretary of state is hereby directed to send a copy secretary to 
of this act, certified under the great seal of the state immediately certif y- 
after its ratification, to the clerk of the superior [court] of said 
county, "who shall immediately notify the commissioners ap- 
pointed by this act, and the present board of commissoners of its 
provisions. 

Sec. 6. That all laws and clauses of laws in conflict with this Conflicting laws, 
act are hereby repealed. repealed. 

Sec. 7. This act shall be in force from and after its ratification. 

Ratified the 14th day of February, A. D. 1899. 



CHAPTER 89. 



An act to allow the chairman of the board of commissioners and of the 
board of education to administer oaths in certain cases. 

The General Assembly of North Carolina do enact : 

Section 1. That the chairman, respectively, of the board of Certain officers 
county commissioners and of the county board of education for oatim m mS er 
each county be authorized in his official capacity to administer 
oaths in any matter coming before either of such boards. 

Sec. 2. That any member of either of said boards while tern- Authority to 
porarily acting as such chairman shall have and exercise the au- chairman pro 
thority granted in the preceding section. tem - 

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

Ratified the 13th day of February, A. D. 1899. 



CHAPTER 90. 



An act to repeal the February term of the circuit court of Madison 
county. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter seventy-five (75) of the public laws of Chapter 75, laws 
the year eighteen hundred and ninety five be amended by strik- establishment, 



222 



1899— Chapter 90—91—92. 



of criminal cir- 
cuit court 
amended. 

Chapter 6, laws 
1897, amended. 



ing out the words, "'and on the second Monday in February," in 
lines eight and nine of section fifteen of said chapter. 

Sec. 2. That chapter six (6) of the public laws of the year eigh- 
teen hundred and ninety-seven be amended by striking out of 
section six (6) of said chapter lines fourth and fifth. 

SEC. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 14th dav of February, A. D. 1899. 



CHAPTER 91. 



An act to correct grant number four thousand one hundred and sixty- 
seven, Buncombe county. 

The General Assembly of North Carolina do enact : 

Land grant. Section 1. That land grant number four thousand one hun- 

dred and sixty seven in Buncombe county be corrected by in- 
serting between the third and fourth calls of said grant the 
words, "thence south one hundred and twenty poles to a stake." 

Sec. 2. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 15th day of February. A. D. 1899. 



CHAPTER 92. 



An act to repeal an act to provide for the working of the public roads 
in Nash county. 

The General Assembly of North Carolina do enact : 

Repealed. Section 1. That chapter two hundred and twenty-two of the 

public laws of eighteen hundred and ninety-seven, entitled "An 
act to provide for the working of the public roads in Nash 
county," be and the same is hereby repealed. 

Sec 2. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 15th day of February, A. D. 1899. 



1899— Chapter 93. 223 



CHAPTER 93. 



An act to amend chapter thirty-four of The Code, and chapter one hun- 
dred and eighty-one of the laws of eighteen hundred and eighty-nine. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter thirty-four of The Code be amended chapter S4, 
by inserting after the word "applicants," in line two of section andchaptOTMl' 

three thousand one hundred and twenty four, the following 'aws 1889, relat- 

ing to medical 
words: "Who shall exhibit a diploma, or furnish satisfactory society, etc. 

proof of graduation from a medical college in good standing re- isfactory proof 

quiring an attendance of not less than three years and supplying ^^medica 1 ? 

such facilities for clinical instruction as shall meet the approval college. 

of the said board" ; and by adding immediately after said section 

three thousand one hundred and twent y-four the following words : 

"Provided, that the requirement of three years attendance shall Proviso. 

not apply to chose graduating prior to January lirst. nineteen 

hundred: Provided further, that license or other satisfactory 

evidence of standing as a legal practitioner in another state shall 

be accepted in lieu of a diploma and entitle to examination." 

Sec. 2. That section three thousand one hundred and twenty- 
five of The Code be amended by inserting after the word "appli- 
cant," in line three, the following words: "Who shall comply 
with the requirements as to graduation prescribed in section 
three thousand one hundred and twenty-four as amended." 

Sec. 3. That section three thousand one hundred and twenty 
seven of The Code be amended by adding immediately after said 
section the following words: "Provided, that the said board Proviso, 
may, in its discretion, meet not more than one week before the 
said society, but always in the same place: and that one addi- 
tional meeting in each year may be held at some suitable point in 
the state if deemed advisable." 

Sec. 4. That chapter one hundred and eighty one of the laws Amended, 
of eighteen hundred and eighty-nine be amended by striking out 
all of section three from the word "words" in line four, the word 
"any" in line nine, the word "likewise" in line eleven, and the 
word "such" in line fourteen; by striking out in section four all 
from the word "on" in line three to the number "eighteen hun- 
dred and eighty five" in line six, inclusive, and the words "on 
oath" in line seven; and by striking out in section seven all after 
the word "act" in line three. 

Sec. 5. That this act shall be in force from and after January 
first, nineteen hundred. 

Ratified the 15th dav of February, A. 1). 1899. 



224 



1899— Chapter 94—95. 



CHAPTER 94. 

An act to amend chapter three hundred and ninety-nine, laws of 
eighteen hundred and ninety-one. 



Chapter 399, laws 
1891, relating to 
school for white 
deaf and dumb. 



Vacancies, how 
filled. 



Term of directors 
— not more than 
one from same 
county. 

Conflicting laws 
repealed. 



The General Assembly of North Carolina do enact : 

Section 1. That section two (2), chapter three hundred and 
ninety-nine (899) of the laws of eighteen hundred and ninety-one, 
entitled " An act to establish a school for the white deaf and 
dumb children of North Carolina," be amended by striking out 
all of said seel ion after the word "vacant" in line seven (7) and 
insert in lieu thereof the following: "If any vacancy shall occur 
by death, resignation or other cause, the remaining members of 
said board of directors shall elect a member to fill such vacancy 
on said board till the general assembly shall elect a successor to 
fill out the unexpired term caused by such vacancy. All of said 
board of directors shall hold their office till their successors are 
elected and qualified, but not more than one director shall be 
chosen from the same county." 

Sec. 2. All laws and clauses of laws in conflict with this act are 
hereby repealed. 

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

Ratified the 15th day of February. A. J). 1899. 



CHAPTER 95. 



An act to repeal chapter three hundred and twenty-four of the public 
laws of eighteen hundred and ninety-seven, relative to the working of 
the public roads of Halifax county. 



Repealed. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter three hundred and twenty-four of 
public laws of eighteen hundred and ninety-seven be and the 
same hereby is repealed. 
Application taxes Sec. 2. That the taxes which have already been levied under 
already collected. sa i(j ac t be collected and applied by the commissioners of said 
county through the county surveyor to the improvements of the- 
public roads as they may deem best. 
Sec. 3. That this act take effect upon its ratification. 
Ratified the 15th day of February, A. I). 1899. 



1899— Chapter 96. 226 

CHAPTER 96. 
An act to create graded schools in the town of Kinston. North Carolina. 

The General Assembly of North Carolina do enact: 

Section 1. Thar the board of aldermen of the town of Kinston, Question of 
Lenoir county, shall on the first Monday in May next ensuing fubnuVed toa 
submit to the qualified voters of said town the question of "'es- vote of the people. 
tablishing of graded schools" for both races in said town. The 
said board ot aldermen shall give thirty days' notice of said elec- 
tion in the "Kinston Free Press," a daily newspaper published Noticeofelection. 
in said town and post the same at four public places or more in 
said town. 

Sec. "2. That the said election shall be held under the same Rules/etc, for 
rules and regulations as govern the election of mayor under the 
charter of said town on said first Monday in May ftext, and the 
qualified voters of said town shall vote at said, election tickets on 
which shall be written or printed the words ." For schools'" or Tickets [what to 
■'Against schools." and the result of said election shall be deter- R^ultfdeter- 
mined under the same rules and regulations as govern and 'deter- mined ' 
mine I he result of the election of mayor, and the said result shall 
be certified in writing by the election officers to the mayor of said 
town, and by the mayor filed with the records of said town. 

Sec. '■'> That for the purpose and benefits of this act the city of Kinston made a 
Kinston shall be a graded school district for both white and col- listrict! ° C 
ored children and is hereby named and designated as the 'Kin- 
ston graded school district." 

Sec. 4. That if a majority of the qualified voters of sajd town special tux to be 
shall vote at said election "For schools." it shall be the duty of levied annuall - v - 
said board of trustees of Kinston graded schools, provided for by 
this act. and their successors, to levy annually a special tax. not 
exceeding thirty-three and one third cents on the one hundred 
dollar valuation of all the taxable property of said town, and 
upon the poll not exceeding one dollar, and the levy so made Levy certified 
shali be certified by the chairman of the board of trustees to the ^x list?* 6 * 1 " P ° D 
board of aldermen of the town of Kinston. whose duty it shall be 
to enter the same upon the tax lists of said town for collection as 
is provided by law for the collection of other taxes. 

Sec. 5. That it shall be the duty of said board of trustees to schools for both 
establish a graded school for the white children and a graded race-. 
school foi the colored children of said town, and apportion the Apportionment 
funds derived from said special taxes or from any other souree of funds 
whatsoever between said graded schools for white and colored 
children, so as to equalize school facilities between the two races 
as to be just and equitable to both. 

15 



226 



1899— Chapter 96. 



Special taxes 
paid over— com- 
missions, etc. 



Treasurer to 
keep fund sepa- 
rate from ot her 
funds. 



Paid out, on 
whose warrant. 



Treasurer of 
county to pay 
over school 
money. 



Property to be 
conveyed. 

Title, in whom 
vested. 



Authority to sell 
property and ap- 
ply proceeds, etc. 



Board of trustees 
created. 



Two classes— 
terms of office. 



Trustees named. 



Duties, etc., of 

trustees. 



Census. 
General powers 



Sec. 6. That the special taxes mentioned in section four of this 
act shall be paid over by the tax collector, after deducting such 
commission as said board of trustees shall allow, to the treasurer 
of said town, and said tax collector and treasurer shall be allowed 
such commission as the board of school trustees shall deem proper. 
The said treasurer shall keep the moneys thus arising from spe 
cial taxes separate and apart from other public moneys which 
may come into his hands, and shall pay out the same for the ex- 
clusive use and benefit of said graded school only upon the war- 
rants and orders signed by the chairman of the said board of 
trustees. 

Src. 7. That all public school funds derived from the state and 
county for the use arid benefit of the public school district of said 
town shall be paid to the treasurer of said town by the treasurer of 
of Lenoir county for the use and benefit of said graded schools; 
and the present school committee of district number one shall 
convey the property both real and personal of said public school 
districts, and it shall become the property of said graded school* 
and the title cf the same shall be vested in the said board of trus- 
tees of the "Kinston graded schools" in trust for said graded 
school, and the said board of trustees be and they are hereby au- 
thorized and empowered to sell the same either publicly or pri- 
vately and apply the proceeds to said graded schools, and are 
authorized to purchase necessary lands and to erect suitable 
buildings for said graded schools and properly equip the same. 
And it shall be the duty of the public school board of Lenoir 
county to unite the territory of district number one not covered 
by this to the contiguous school districts. 

Sec. 8. That for the purpose of this act there is created a board 
of trustees of the Kinston graded schools, and this board shall 
consist of seven members, to be divided into two classes, the 
term of office for the first class shall expire in two years, the term 
of office for the second class shall expire in four years. It is fur 
ther enacted that J. W. Grainger, L. Harvey, N. J. Rouse and 
J. B. Temple be and are hereby named trustees of the first class 
named above, and J. A. Pridgen, H. E. Shaw and S. H. Abbott 
be and are hereby named as the trustees of the second class. It 
is further enacted that upon the expiration of the terms above 
named and fixed the board of aldermen of the said town shall 
elect biennially thereafter their successors. 

Sec. 9. That the said "Board of Trustees of Kinston Graded 
Schools" shall have entire and exclusive control of the said graded 
schools, shall employ and fix compensation of officers and teach- 
ers, shall make an accurate census of the said school population 
of the said town as required by the general school law, and do 
all other acts that may be necessary, just and lawful for the sac- 



1899— Chapter 96—97. 227 

cessful management of said graded schools.lt is further enacted 
that the said board of trustees hereby created shall be a body 
politic and corporate by the name and style of "The Board of Body corporate. 
Trustees of Kinston Graded Schools," and by that name shall be e c ' 
capable of receiving gifts and grants, purchasing and holding Acquisition and 
real estate and personal property, selling, mortgaging and trans- prop|7ty n e?c° f 
ferring the same for school purposes, and of prosecuting and de- 
fending suits for or against the corporation hereby created. Con- 
veyances to said trustees shall be to them and their successors in conveyances to 

office, and all deeds, mortgages and other agreements affecting trustees and their 
> » «=• ° ^ successors. 

real estate and personal property shall be deemed sufficiently 
executed when signed by the chairman of the said board of trus- 
tees, and attested by the secretary of the said board. It is further 
enacted that the said board of trustees shall, upon their indue- superintendent, 
tion into office, elect a superintendent of the said graded schools, whom^iected. 
and select all teachers that may be necessary for said schools and 
prescribe the compensation of the superintendent and teachers compensation, 
and other employees of said schools, and pass all necessary rules etc - 
and regulations for the conduct and management of said schools 
under the provision of this act. 

Sec. 10. That the treasurer of the said town of Kinston and the official bonds 
tax collector shall, before entering upon the duties prescribed in 
this act. enter into bonds with good and sufficient securities in 
such sums as may be fixed and approved by the said board of 
trustees. 

Sec. 11. That the said board of trustees are authorized to per- Children with- 
mit attendance upon said schools of children residing without the n ?ay be^rmuted 
territory embraced in said graded school district upon such terms to attend school, 
as the said board of trustees may prescribe. 

Sec. 12. That all laws and clauses of laws in conflict with this conflicting laws 
act be and the same are hereby repealed. repea e . 

Sec. 13. That this act shall be in full force from and after its 
ratification. 

Ratified the 15th day of February, A. D. 1899. 



CHAPTER 97 



An act to amend chapter three hundred and fifty-four of the laws of 
eighteen hundred and ninety-one, and the acts amendatory thereof, 
relative to working the roads of Graham county. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter three hundred and fifty four of the ^. men ,i.Mi. 
laws of eighteen hundred and ninety-one be amended by striking 
out in line seven (7; of section five (5) the words "six days" and 



228 L899— Chapter 97—98. 

insert "sufficient."' and* by inserting after the word "h 
Proviso. ,, j n L ,,.,,.,| condition, provide 

all be required to work more than ten days in - 
and by itriking nut in 1 - 

days"; in lines eleven and 1 .ait the words "the 

Of ! inr shall 

rf labor he may 

Amended. SEC 

; Ired and nine*} fivi 
the , iking out in lines four and (i 

5) th< 
and inseri in lieu thereof- the words "not more than I 

Sec. 3. This act shall only apply To Graham eounl 
sh all be in I m its ratifieatii 

ied the L5th dav of February, A. D. I 



PER us 

A\n act to establish a dispensary at Smithfieid. North Carolina. 

Tin ' , enact : 

Made unlawful Section i. That it shall be unlawful for any person, in; 

smmi/i'-iir '"' capacity whate ctly or indirectly, any spirituous, 

vinous, malt iquprs within tho corporate 

limi town of Smithfieid, Join 

I led. 

i at \V. 'uller, II. L Graves and W. M. Sanders 
,;nsi; -" by appointed dispensary'eommissioners for tin- town of 

Sinil dispensary commissioners." 

and who shall hold their offii ctively for one, two and 

miic in office until the 
h 
Hmrai disp om mission 

terms have n< lie tow n to 

fill the va the town qc* 

sioners I; lissioner for the 

i of three ;• 'ai Should unmissioners reject the 

nation of any one as dis .thesaiddi 

imissionei - .■ ■ ired shall nom 

,-. other or others uiitil oi n approved 'oy the t< wn com 

rs. If from any cause the dispensary commissioners shall 
I lor thii'tj days to nominate: a commissioner to succeed one 






1899— Chapter 98. 

term has expired, then it shall be the duty of the town Failure tonomi- 
eommissioners to electa citizen of .Smithfield to lili the office then ^aj^ etc. '""'^ 
at. The dispensary commissioners before entering upon 
barge of their duties shall take am! subscribe an oath faith- official oath, 
ind perform the duties of their office, which where filed, 
oath shall be filed with the cierk of the board of town eommis- 
lers. 

:' the disj .•(.minis- - 

sneral as; y<>viued, 

■ituous vinous malt and other 

■ corporate limits of the I imithfield 

ithin tin y church) 

e spirituous, vinous, malt and I shall be 

the ■ >ners 

11 liquors Manager, 
ht by said 

oni- Manager, \ wvr 
•aid dis- chosen— duties. 

: the disi and May be dismissed 

!• any cause \ tiers. 



oners shall in leirdiscreti ; lie 

eommis- 
. an five hu bf'ul dis Official bond of 

;, nieiit of all sums of money 
ed by him into rh other depository 

unmissioners. all be paid 

ary. to be fixed bj thedispei . exceed- Salary of man- 

»f fifty dollars per mouth, which compensation shall 
e dependent upon the amou tade by him. It 

shall I ty of the manage] n which Register of names 

shall to whom any be^jept. aS 

-ale. 
That the dispensary eoinmi are hereby invested with Manager may be 

power to remove tl. or to rill tern- A^istants 

t of sickness or other cause. 

Wall and at all times Dispensary stock 
commissioners, a of,1( i 
stock uous, vinous and malt liquors in such quantitie 

the di commissioners shall direct. All bills incurred for 

ind mai lispensary and the Bills, by whom 

pureha hall be paid by the < ivy commissioners. paid- 

That said mai ■ cask, and shall turn over or Sales for cash 

by him under the dir die y " 

■ 

. <i. That said dispensary commissioners shall make from 



230 



1899— Chapter 98. 



Rules and regu- 
lations. 

Quantities to be 
sold— limit. 



No drinking on 
premises. 

Sale to drunkard 
minors, etc., for- 
bidden. 

Opened and 
closed, when. 



Prices of liquors. 
Proviso. 



To be sold only 
in sealed pack- 
ages. 



Manager's 
reports. 



Inspection and 
analysis of 
liquors, etc. 



Adulterated 
liquors neither 
sold or paid for. 



No sales to per- 
sons purchas- 
ing to resell. 
Violation— mis- 
demeanor. 



Loiterihg in or 
about dispensary 
forbidden. 



Refusal to leave 
— punishment. 



Ordinances to 
oarry out this 
act. 



time to time rules and regulations for the operation of said dis- 
pensary; the quantity to be sold to any one person shall be de- 
termined hy them, but in no event shall wine or liquors be sold 
or furnished in quantities less than one half pint, and none shall 
be drunk in the building or on the premises where the dispen- 
sary is established, nor shall any liquors be sold to any person 
known to be a habitual drunkard, to a minor or persons intoxi- 
cated. The dispensary shall not be opened before sunrise and 
be closed before sunset, and it shall be closed on Sundays, elec- 
tion days and such other days as makes the sale of liquor unlaw 
fid- under the laws of this state. 

Sec. 7. The price at which spirituous, vinous and malt liquors 
shall be sold shall be fixed by the dispensary commissioners: 
Provided, the same shall not be sold for a profit exceeding eighty 
per centum (80 per centum) above actual cost. 

Sec. 8. The manager of said dispensary shall sell to no person 
or persons any spirituous, vinous or malt liquors except in sealed 
packages, and he shall not keep any broken packages in said dis 
pensary. Said manager shall make a monthly report to the dis 
pensary commissioners, and oftener if so required by them, show 
ing amount of sales for preceding month and stock on hand at 
last day of the month. 

Sec. 9. The said dispensary commissioners shall cause an in- 
spection and analysis to be made of stock on hand from time to 
time, and no vinous, spirituous or malt liquors shall be sold in 
said dispeusary that are not well known in the-market as pure 
and unadulterated. If any spirituous, \inous or malt liquors 
shall be condemned as impure and adulterated, the same shall 
not be sold, and payment for the same shall be refused to the 
person from whom such liquors were purchased. 

Sec. 10. That no spirituous, vinous or malt liquors shall be 
sold in said dispensary to persons purchasing for the purpose of 
selling again. And any person who shall buy any liquor from 
said dispensary for the purpose of selling again shall be guilty of 
a misdemeanor. 

Sec. 11. The manager of the dispensary shall not allow any 
person or persons to loiter in or about the dispensary and the 
premises on which it is situated, and for a failure to comply with 
this section he shall be removed by the dispensary commission- 
ers, and any person refusing to leave the dispensary or the prem- 
ises on which it is situated shall be punished upon conviction in 
the mayor's court or in a justice's court as shall be prescribed by 
the ordinance of the town of Smithfield. 

Sec. 12. That the board of commissioners of the town of Smith 
field shall from time to time pass such ordinances as may be nec- 
essary to carry out the purposes of this act. 



1899— Chapter 98. 231 

SEC. 13. That the board of commissioners of the town of Smith- Appropriations — 

rcD£tvm©nt etc 

field shall appropriate from the town treasury a sufficient amount 
of money to establish the dispensary, as provided for in this act, 
which amount shall be repaid into the town treasury by the 
profits of the dispensary, and thereafter the dispensary shall be 
supported and maintained from the profits arising from the sales 
in the dispensary. 

Sec. 14. The dispensary commissioners shall make an annual Reports of com 
report to the commissioners of the town of Smithfield, showing annuai^what to 
in detail the amount of money expended in the purchase of show. 
liquors, to whom paid, the amount of money realized from the 
saleof liquors, the expense of said dispensary, salary paidmanager, 
dispensary commissioners, and all other moneys expended on any 
account of said dispensary, and moneys received on account 
thereof. 

Sec. 15. That the dispensary commissioners shall pay to the sum to be paid 
sheriff of Johnston county a sum equal to the tax levy, by the ]°.| n fe iff- ~ 
county and state, for retail dealers in spirituous liquors; upon 
the payment of which the sheriff of Johnston county shall issue 
to the "manager of Smithfield dispensary" a license to sell liquors 
under this act without first requiring from the commissioners of 
Johnston county an order to issue said license. 

Sec. 16. That the dispensary commissioners shall be paid for compensation of 
their services the sum of twenty five dollars per annum. commissioners. 

Sec. 1 7. That all books and records kept by the dispensary Books and record 
commissioners or the manager of said dispensary shall at all times — ins P ection - 
be open for inspection of all citizens of Smithfield and all officers 
of the law. 

Sec. 18. That the dispensary commissioners, after paying all Profits of dispen- 
expenses of said dispensary, shall every six months divide the p ^ge d 1 ( f W dis " 
profits arising from the sale of liquors by said dispensary, paying 
one half of said profits to the treasurer of the town of Smithfield 
and the other half to the treasurer of Johnston county. 

Sec. 19. That part of the profits paid to the town treasurer Tj se G f profits by 
shall be subject to the order of the town commissioners for the toWD ' 
benefit of and improvement of said town of Smithfield. 

Sec. 20. That part of the profits from said dispensary paid to Use of profits by 
the treasurer of Johnston county shall be by said treasurer placed count y- 
to the credit of the school fund and applied to the support of the 
free public schools in the districts in which the town of Smith- 
field is situate, and shall be used by said schools as the board of 
commissioners of the town of Smithfield shall direct. i 

Sec. 21. That all laws and clauses of laws in conflict with this Conflicting laws 
act be and the same are hereby repealed, and that section three re P ealed 
thousand one hundred and eleven of The Code is hereby repealed 
as to its application to this act. 



23,2 



1899— < !hapter 98— 99 — loo. 



Sec. 22. Thai this act shall be in force from and after the first 
clay of July, eighteen hundred and ninety-nine. 
Ratified the 15th day of February A 



Chapter 427, laws 
1895, relating to 
work 
Repea 



Board 



Money on 
how applied. 



Certified c< 
this a<?t. 



CHAPTER 99. 

An act to repeal chapter four hundred and twenty-seven, public laws 
eighteen hundred ant! ninety-five, and chapter one hundred and sixty- 
two, public laws eighteen hundred and ninety-seven, as to Jones county 
only. 

The General Assembly of North Carolina do 

. 1. Thai chapter four hundred and twenty seven, pub- 
lic laws eighteen hu ldred and ninety-five, and chapter one hun- 
dred and sixty-two. publi • ]-,-, • -. eighteen hundred and ninety- 
seven, be and the ■ hereby repealed as to .(one.:- county 
only. 

Sec srvisors shall meet in their various 

townships of said county on the first Monday in April, eighteen 
hundred and nini and provide for working the public 

roads of the county in all respects as is provided by chapter fifty 
of volume one of The ( !ode till their next regular meeting. 

That all hat shall be in the hands of the treas- 

urer for i w hen this act takes effect shall be applied 

to keeping up the public bridges of the county. 

Sec. 4. Thai iately upon the ratification of this act it 

shall be the •; seretary of state to furnish the chair- 

man of the board of commissioners of Jones i certified 

copy of sa 

That this act shall be in full force and effect on and after 
the first Monday in April, eighteen hundred and ninety-nine. 

Ratified the 1 5th dav of February, -V- D. 1899. 



APTER 100. 

An act to repeal chapter one hundred and seventy-one, pubiic laws of 
eighteen hundred and ninety-five. 



The General Assembly of North Carolina do en i 
ev 171, laws Section 7. That chapter one hundred and seventy-one of the 
settinl'farge l ° public laws of eighteen hundred and ninety-five is hereby re 
steel tn pealed. 

Sbc.2. That any person who shall set any large steel trap for 



1899— Chapter 100-101—102. 233 

bear or other large game shall designate the location of the i .samel setters of (raps 

. ., , . , ,, ,. ,. ,, shall blaze trees, 

h\ blazing the timber or other visible signs as shall distinctly etc. 
show the location of said trap. 

Dhat it shall be unlawful for any person to sei said trap Unlawful to set 

. ,.,..-• i ■ i traps, when. 

when ther 
to their 

SBC. t. Thar e of Violations- mis- 

demeanor— flne 
this act shall be guilty of a misdemi pon conviction orimprison- 

! be lined or imprisoned in the discretion of the court. 

'.'liar this act shall apply only to the county of Glraham. 
. 6. That this act shall be in force fro ratifi- 

cation. 

:iflerl the 15th davof Februarv, A. D. 1899. 



CHAPTER 101. 

An act to protect the public bridges of Clay county. 

ml Assemt 
ion 1. That any person riding or driving faster than a Kastridini 
walk in the county of Clay shall Vioiations^-mis- 

l »e guilty of a misdemeanor. be fined f S h I r nent? r— pun " 

*r imprisoned, or both, at tl e court. 

i. The county commissioners of said county shall post a Copy ofacttobe 
act at each, enti'ance to each of. said bridges in said pos e 
•ounty. 
Sec. 3'. That a.tifi- 

!i. 
Ratified the 15th di bruary, A. D. 1899. 



CHAPTER 102. 

An act to '.mend chapter two hundred (200) public laws of one thousand 
eight hundred and ninety-seven (1897.) 

id : 

I. That section one and two of chapter two hundred Chapter 200 laws 

. , . , ._ ls.9,", relating to 

ubhe laws of ;>ne thousand eight hundred and cutting mill logs, 

ninety-seven (1897), entitled 1 chapter one hun- 

dred and seventy-three (173), public laws of one thousand eight 
hundred and ninety-five he same is hereby amended 

bv striking out the Bertie" so as to exempt Beaufort and 

^' . ^ . . Bertie couaties 

Beaufort and Bertie counties from the operation oi act. exempted 

Sec. 2. This act shall be in for< ification. 

Ratified the 15th day of February, A. D. 1899. 



234 



1899— Chapter 103—104. 



CHAPTER 103. 



An act to increase the number of commissioners for New Hanover county. 



Additions to 
county 

commissioners. 



Number of com- 
missioners to be 
elected, etc. 



Oath, etc. 



Conflicting laws 
repealed. 



The General Assembly of North Carolina do enact : 

Section 1. That Duncan McEachern and Gabriel Holmes ara 
hereby elected commissioners of the county of New Hanover, 
and that they shall have the same powers and duties as the pres- 
ent members of the said board of commissioners and who shall 
hold their office until the next election of commissioners for said 
county. 

Sec. 2. That at the next election for commissioners held for 
said county and every two years thereafter there shall be elected 
in said county of New Hanover five commissioners with the pow- 
ers and duties which now are or may be hereafter prescribed by 
law for county commissioners. 

Sec. 3. That the commissioners herein named shall qualify 
and be inducted into office by filing the necessary oath before the 
clerk of the superior court. 

Sec. 4. That all laws, parts and clauses of laws in conflict with 
this act be and the same are hereby repealed in so far only as 
they relate to New Hanover county. 

Sec. 5. This act shall be in force from and after its ratification. 

Ratified the 15th day of February, A. I). 1899. 



CHAPTER 104. 

An act to amend sections one hundred and ninety-six and one hundred 
and ninety-seven of The Code. 



The General Assembly of North Carolina do enact: 

Sections 196 and Section 1. That section one hundred and ninety -six of Tha 

to 7 re^ovai^of tinS Code be amended as follows: strike out the word "justice," at 

•auses, amended, the close of line six of said section and insert in lieu thereof the 

words "a fan- and impartial trial." .(2) Strike out the word 

"satisfied" in the ninth line of said section, and insert in lieu 

thereof the words "of the opinion." 

Sec. 2. That section one hundred and ninety-seven be amended 
by striking out the word "not" in the sixth line of said section. 
(2) Strike out the word "unless" in the seventh line of said sec- 
tion and in lieu thereof insert the word "if." 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 15th day of Februarv, A. D. 1899. 



Amended. 



1899— Chapter 105—106. 235 

CHAPTER 105. 

An act to change the boundary line between the counties of Ashe 
and Alleghany. 

The General Assembly of North Carolina do enact : 

Section 1. That the boundary line between the counties of Boundary Hue 
Ashe and Alleghany be changed so as to run as follows: Begin- a g 
ning in the old county line at the ford of Piney branch, near courses of the 
Martin Pruitt's mill; then with the state road to a small branch new Hue. 
near Levi Cox's ; then with the branch to Cranberry creek ; then 
up said creek to the j unction of Piney Fork and Meadow Fork 
ereeks; then south twenty west to R. L. Doughton's spring; then 
south seventy east to Meadow Fork creek; then up said creek to 
the ford below Jacob Miller's mills; then to the state road and 
with said road to (he Wilkes county line ; Provided, hoioever, 
that Henry M. Key, who lives on said line near Gray post office 
may remain a citizen of Alleghany county. 

Sec. 2. That the counties of Ashe and Alleghany jointly keep joint repair of 
in repair the state road named in this act: Provided, if it should y?,*y" iBO 
be most convenient to both counties to divide said road into sec- 
tions, they are hereby authorized to do so. 

Sec. 3. That all laws and clauses of laws in conflict with this conflicting laws 
act are hereby repealed. repealed. 

Sec. 4. That this act shall be in full force and effect from and 
after its ratification. 

Ratified the loth day of February. A. D. 1899. 



CHAPTER 106. 
An act to correct land grant number six hundred and one. 

T Tfi't General Assembly of North Carolina do enact : 

Section 1. That land grant number six hundred and one, is- Land grant cor- 
sued on the thirty first day of December, eighteen hundred and rectea 
fifty eight and recorded in the office of the register of deeds of 
Henderson county, in book number seven on page one hundred 
and forty-eight, be and the same is hereby corrected by chang- 
ing the initial letter "D" of the grantee's name wherever the 
same appears in said grant to "L," so as to make the name of the 
grantee read wherever the same occurs in said grant "M. L. 
Owens." 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 15th dav of February, A. D. 1899. 



236 



1899— Chapter 107. 



CHAPTER 107. 

An act to drain the lowlands of Muddy creek and its tributaries, in 
Forsyth and Davidson counties. 



led. 



Greek to be di- 
vided into sec- 
tions, and over- 
seers to be 
appointed. 



eligibility 
of office. 



elected. 
Filling of 
vacancies. 
Failui 

vacancies- 
county commis- 
sioners shall act. 



Commissioners to 
ascertain amoani 
of bottom land 
contiguous to 
said creek by 
committees 
otherwise, and 
shall furnish 
estimate, etc. 

i owners, 
upon notice, to 
furnish hands, 
tools, etc. 



Failure to furnish 
hand— forfeiture 
—lien upon land, 
etc. 



arolina do en 

ski tion l. That P. A. Hege, Jonas Kimmel, Roswell i i 

Franl n Harper, T. D. Spease, J. A. \ '. H. 

Stimpson, David Ensley, F. !i. Pfafif and Edgar Lineback be 

ereby appointed commission! hall 

be o: ire the first day of June, eighteen hundred tnd 

• lay oft' Muddy creek in Davi 
counties from the mouth of Muddy creek where it empties into 
the Yadkin river to Bethania in Forsyth eo id from w 

Old Town Muddy <'reek or ilill creek empties into Muddy • 
proper ro Old Town in Forsyth county, in sec, avenient 

length and appoint . to each section, who shall hold 

his office for a term of two years and who shall be 
in thi to which >ointed ov 

Sec. 2. That a majority of said com missio power 

set one of their number chairman, and in 
r own number or that of Ov ail or 

ect to til! vacancies occasioned by fail death or 

other if county com] ctive 

counties of Forsyth and Davidson shall on being 

made appoint commissioners and overs 
herein mentioned. 

Sec. 3. Tha lers shall, by 

mittees. appointed of their number, ascerta 

l land owned by each individual tnen- 

1 between the points designated in section 

and* fourth of a mile of said stre I furnish 

»py of the estimate of his section of wl i 

these hinds lie. and upon notice of to the land 

ownei 

ufficient hand not vith tools 

such as shall be designat eer to furnish for every ten 

acres, and one for every traction over sevei nd in the 

ling of this act; avid on failure so ill forfeit an< 

two dollars per day for failure on each hand, which may be re- 
covered by said overseer in an act •< the pe 
and which judgment, when obtained, shall be a lien upon the 
land of the party against whom the judgment is rendered, tha 
proceeds when collected by the overseer to be used by him in 
work upon said streams. 



1899— Chapter 107. 

.-I. It shall be the duty of the commissioners in Faying off Labor, how di*s- 
ions as provided for in section one (1) of this act along- the 
foresaid, to distribute the labor among the land owners 
in pr'opori e number of acres of bottom hind owned by 

them within the estimate provided for in section three (3) of this 
equally; e and allot to the overseer of each section 

the hands required of the owners of the land embraced in this 
ion. 
Skc. .">. That said commissioners, in dividing the streams afore- Separate over- 

■seers and ascertaining- the num- of^Davideon'aii* 8 
if acres of. bottom land along said stream, shall as near as Forsyth. 
possible have separate and distinct overseers and sections for ihe 
counties ol Forsyth and Davidson respectively; no parties own- 
ing hind in Forsyth or Davidson county exclusively shall be 
compelled to work upon the creeks in the counties in which they 
do not own land, or to contribute toward the expense of the same. 

SEC. 6. it shall be the duty of each overseer with the hands so dumber of davs 
provided to work in each and every year within the bounds of work in each 
their respective sections not less than five or not more than fifteen 
days, at the discretion of the overseers of said streams, with the 
power to straighten, remove obstructions, and improve the banks • 
thereof: Provided, that said commissioners may. in their descrip- proviso. 
tion [discretion], order any and all overseers with their respec- 
tive hands when deemed necessary to work at any [joint on said 
stream or streams not outside of their respective counties. 

7. That any person or persons who shall willfully and obstructing 
knowingly fell timber into or otherwise. obstruct the water in the v i fat^ons"— nVs _ 

channel of the said stream between the points mentioned in sec- demeanor— puu- 

. , . , ,. , , , .,, ,. . , ishment. 

tion one (1) of this act shall be deemed guilty ot a misdemeanor 

and upon conviction shall be fined not less than five dollars nor 

more than ten dollars. 

SEC. 8. That all money arising from failure to work on said Penalties re- 

stream or streams and all penalties collected under the provis SSsed^of how * is " 

ion of this act shall be paid over to the overseer of the section of 

which it may arise and by him shall be expended in improving 

the channel of the said streams, and any overseer failing or neg- Failure of over- 

lecting to perform the duties required by tin's act shall be guilty ^eanor— punish 

of a misdemeanor and on conviction thereof shall be fined not ment. 

ban five dollars nor more than ten dollars: Provided, that p roV j 90 

no person shall be required to serve more than one term of two 

year> le without ids consent. 

■ ' Thi - i owers herebj conferred under this act upon Extern t,> 

the couin ' shall extend from one half mile up the tribu- TQ}2}i P? w f L s 

emptying into said stream and they shall have power to used. 

all washes emptying into the said streams, and may [use] 

such power in the same way and under the same rules and regu- 



238 



1899— Chapter 107—108. 



Powers extending 
to lateral 
streams. 



May contract 
with land owners. 



Supervision. 



Private bridges. 
etc. 



Proviso. 



lations that are prescribed in this act for draining the land located 
along the streams mentioned in section one (1) by opening the 
stream as fully as the power given in the foregoing sections. 

Sec. 10. That said commissioners shall have the power, if they 
deem expedient, to contract or arrange with the land owners 
along the different streams mentioned in this act to clean out the 
channel of the creek through the lands of the land within a cer 
tain time to be agreed upon between the land owner and the 
commissioners; but this section shall not deprive the commit 
sioners and overseer of the supervision and control as to the man- 
ner of cleaning out this creek. 

Sec. It. That nothing contained in this act shall prevent the 
building of public or private bridges where public or private 
roads are now or may hereafter be located; Provided also, this 
act shall not apply to mill dams across said streams mentioned 
in this act where the dams are now used for the purposes of run 
ning mil's or furnishing water aiding in the running of said mills. 

Sec. 12. This act shall be in full effect from and after its rati 
fication. 

Ratified the 15th day of February, A. D. 1899. 



CHAPTER 108. 



An act to elect a cotton weigher for the city of Charlotte. 



Cotton weigher 
election— term 
office 



Duty of county 
commissioners 
provide for 
election. 



Bond— penal su 
—how condi- 
tioned. 



The General Assembly of North Carolina do enact : 

_ Section 1. That there shall be elected by the qualified voters 

of 'of Mecklenburg county every two years a cotton weigher for the 
city of Charlotte, in Mecklenburg county, who shall hold bia 
office for two years and until his successor is qualified. 
Sec. 2. That it shall be the duty of the board of commission- 

to ers of Mecklenburg county or such officers as the law requires in 
such cases to provide for such election at the regular election for 
register of deeds and other county officers every two years, under 
the same rules and regulations as are now required by law for 
the election of members to the general assembly. 

m Sec. 3. That upon the election of cotton weigher as aforesaid 
any person elected to such office shall file a bond in the penal 
sum of one thousand dollars, payable to the state of North Car- 
olina, conditioned to the faithful performance of the duties of 
this office, and to weigh and give honest weights of all cotton 
weighed by him with the board of commissioners of said county 
and to be approved by them. 



1899— Chapter 108. 239 

Sec. 4. That it shall be the duty of the said cotton weigher to Oath of office. 

take the following oath, viz: I, , public cotton weigher for 

the city of Charlotte, do solemnly swear that I will justly, impar- 
tially and without any deduction except as may be allowed by 
law, weigh all cotton that may be brought tome for that pur- 
pose, and < ender a true account thereof to the parties concerned, 
if required so to do; and that I will take no interest, near or re- 
mote, in buying or selling cotton in the city of Charlotte. So help 
me, God. And he shall receive for his services the sum of ten Compensation for 
cents for each bale of cotton sold in said city, one- half to be paid whom e paid y 
by the seller and the other half by the purchaser. Said weigher 
shall have the right to appoint an assistant, to be approved by Assistant 
the commissioners of said county, to be paid from what he re- 
ceives, and shall take the same oath as the weigher is required 
to take. 

Sec. 5. That at the time now required by law the mayor and cotton weigher, 

board of aldermen of the city of Charlotte, North Carolina, and »^ n and b ^ ♦ '« 

J ' whom appointed. 

the county commissioners of the county of Mecklenburg, in joint oath, 
session shall elect a cotton weigher for the city of Charlotte, who 
shall take an oath as above provided, file his bond as aforesaid 
and discharge the duties of the office of cotton weigher as afore- Bond— duties- 
said until the next regular election and until his successor is erm ° ° ce ' 
elected and qualified. And the person so elected under this sec- 
tion shall within twenty days after his election take the oath of 
office and file his bond, or his office may be declared vacant by 
the mayor and board of aldermen and county commissioners in Failure to take 
joint session and the office filled by them till his successor is bona-^ffkjlf mar 

elected and duly qualified. be declared 

J ^ vacant. 

Sec. 6. That no other person than said cotton weigher shall No other person 

weigh any baled cotton in said city under penalty of ten dollars cotton— penalty. 
for each and every bale so weighed, and said fine shall be applied 
to the school funds of Mecklenburg county upon the conviction 
of the offender before any justice of the peace of said county; 
Provided, however, the seller of any baled cotton may have said proviso, 
cotton weighed by any other person, but the buyer thereof shall 
pay to the said cotton weigher the sum of ten cents for each and 
every bale of cotton bought, and said buyer shall be guilty of a Misdemeanor- 
misdemeanor upon failure to make such payment, and upon con- conviction— pun- 
viction shall be fined not exceeding fifty dollars or imprisoned 
[not] more than thirty days. 

Sec. 7. That the commissioners of Mecklenburg county are pi a tform scales 
hereby empowered to use so much of the general funds of said etc.-expendi- 
county as may be in their judgment necessary to secure a proper 
location, erect a suitable platform and purchase scales for the 
performance of the duties of said cotton weigher, to make all 



•Jill 



1899— Chapter 108—109. 



Rules— regula- 
tions. 



icy, how 
filled. 



Willful and cor- 
rupt ; 

or office— punish- 
ment. 

how 



a la ws 
repealed. 



ssary rul< ulations 'oteetion and goveria- 

nient of tin 

Si:: COttOB 

■all be filled as pro- 

M'- under th -is .>!' tin* 

aptly abu or power 

•on conviction 

llliss; 

by sn -hall be recov- 

erabl itton weigher so offending. 

Sec. 10. All laws and clauses of ia\ nflict with this act 

are hei el j re] ■•■,• . 

Ratifl of February, A. D. 



CHAPTER L09. 



An act to amend the stock !aw in Henderson county. 



Stock law fence, 
by whom i 
struct 
mainla 



Proviso, 



Water courses to 
be declared law- 
ful fen 



Prov i 

Fur! ii 



The General Assembly of North 

Suction 1. That the stock law fence on dividing line between 
Henderson and Tr: ua counties, from Bradli k <>» 

the Vanderbill to Buncombe county line, shall be con- 

structed and maintained by Heni i > as the same 

sufficient to turn stock : Provided, the commissione 
' allowed to build sucl 
neces k. and in; ire such witter- courses, 

mountains, mountain ranges and pare-' of the 

•ient bounds and obstructions along said line i 
stitute a sufficient Istock law h-nce. and when the said commis- 
sioners shall have ted said fence or pa f as shall 
their judgmi it su md spread 'the 
same i m and in that event the said water 
courses, mountains, mountain rang iai or their 
bounds Or obsl leclared b ommissioners shall 
be and constitute i ; all intents and purp 
Provided, thai Henderson county shall build a lawful fence from 

■ ! ley's creek; ProVi tin r, 

that in cai ill wander from Transylvania county 

into Henderson cot ecu the points of Brad ley's, creek on 

the Henderson and Transylvania line and the top of Pisgah at 
the Buncombe county line I ei shall be entitled to recover 

the same without c lawful cost shall be paid by Render 

son countv- 



1899— Chapter 109—110. 241 

Sec. 2. That the stock law shall be and is hereby declared to Law in force in 
be in full force and effect in Henderson county, and it shall be county, 
unlawful for any person or persons', to allow their live stock of 
any kind to run at large within the said county. 

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

Ratified the loth day of February, A. D. 1899. 



CHAPTER 110. 

An act to provide for the cross-indexing of wills. 

The General Assembly of North Carolina do enact : 

Section 1. The board of commissioners for each county shall, General alpbabet- 
within six months, at the expense of the county, not to exceed of wills to be 
seven and a half cents for each will indexed, cause to be made ™unty!L||pense 
and consolidated into one or more books a general alphabetical, —limit, 
cross index of all wills filed or recorded in the office of the clerk 
of the superior court, and devising real estate or any interest 
therein, whether such devise appears on the face of said will or 
not. 

Sec. 2. The clerk of the superior court of each county shall Clerk to keep 

thereafter keep up such cross-index as wills are recorded: Pro- Proviso. 

vided, the clerk shall index all wills recorded after the passage 

of this act without compensation. 

Sec. 3. Each book shall be durably bound and shall have on Bo ° b ' h ? w ™te<i 

J and designated. 

each left-hand page successive columns headed "'devisor to devi- 
see," when probated respectively, and on each right-hand page 
successive columns headed ''devisee from devisor" and Avhen 
probated respectively. 

Sec. 4. Under the appropriate letter of the alphabet in col- 
umn headed "devisor" on left-hand page shall be written the 
full name of each devisor, and to the right in column headed 
"devisee" shall be written the full names of devisees mentioned 
in the will or application for probate, and in column headed 
"when probated" shall be written the year when probated. 

Sec. 5. Under the appropriate letter of the alphabet in column Full names of 

headed "devisee" on right hand pages shall be written the full devisees and 

~ in- .. -, . ,, .„ devisors, where 

name ot each devisee mentioned in the will or application for to be written. 

probate, and in the column to the right [left] headed "devisor" 

shall be written the full name of the devisor, and in column 

headed "when probated" shall b ewritten the year when probated. 

Sec. 6. This act shall be in force from and after its ratification. 

Ratified the 15th day of February, A. D. 1899. 

16 



242 



1899— Chapter 111—112. 



CHAPTER 111. 

An act to authorize the commissioners of Watauga county to levy a 
special tax. 



Commissioners 
of Watauga 
counly autho- 
rized and em- 
powered to levy 
special tax. 



8500 applied to 
payment of out- 
standing road 
debt. 



Manner of levy. 



How to be col- 
lected. 



The General Assembly of North Carolina do enact: 

Section 1. That the board of commissioners of Watauga 
county be and the same are hereby authorized and empowered 
to levy a special tax for the sum of three thousand dollars, one- 
half of said amount to be levied on all subjects of taxation and 
the poll in said county in the year eighteen hundred and ninety- 
nine, and the other half to be levied in like manner in the year 
nineteen hundred. 

Sec. 2. That five hundred dollars of said amount of three thou- 
sand dollars shall be applied to the payment of the outstanding 
public road debt of said county, the balance of said amount, two 
thousand five hundred dollars, to be used for the general county 
fund and for that purpose only. 

Sec. 3. That said special tax shall be levied in the same man 
ner and at the same time that other taxes are levied in said 
county, observing the constitutional equation between property 
and poll. 

Sec. 4. That said special tax shall be collected and accounted 
for by the sheriff or other collecting officer in the same manner 
and under the same penalties and at the same time other taxes 
are accounted for by him. 

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

Ratified the 15th dav of February, A. D. 1899. 



CHAPTER 112. 



An act to provide for the management of the Colored Normal School at 
Franklinton, North Carolina. 



The General Assembly of North Carolina do enact : 

Section 1. That the State Colored Normal School located at 
Franklinton, North Carolina, shall be under the control and 



Control and 

management 

of State Colored 

Normal School at management of a board of trustees, to be composed of five pei 

Franklinton, 

N. C. 

Trustees ap- 
pointed. 



sons who shall be biennially appointed by the general assembly. 
Sec. 2. That H. C. Kearney, T. C. Joyner, R. B. White, H. E. 
Pearce and J. A. Thomas be and they are hereby appointed 
trustees of said Colored Normal School, who shall hold said posi 
tion from the date of the ratification of this act until the first day 



1899— Chapter 112. 243 

of June, nineteen hundred and one, and until their successors Term of office. 

are appointed and qualified. That thereafter the terms of the 

successors of said trustees shall begin on the first day of June, rermofsuc- 

nineteen hundred and one, and each successive two years there cessor s- 

after and continue for two years and until the appointment and 

qualification of their successors. 

Sec. 3. That within ten days after the ratification of this act Trustees shall 

said trustees shall meet in the town of Franklinton and organize j£| w£hfn°tfn n " 

as a board of trustees by electing one of their number as chair- caWmfoftifisact. 

man and also electing a secretary and treasurer, who may be one 

of said trustees or not as said board of trustees may determine. 

Said secretary and treasurer shall execute a bond to said board 

of trustees in such sum'as said board shall fix, conditioned for 

the faithful performance of his duties. Any vacancy occurring Vacancies filled 

, ,, , ,.,, i t j.i ■ • by remaining 

in said board of trustees shall be filled by the remaining mem- members of the 

bers of said board. 

SEC. 4. That said board of trustees upon their organization Trustees autho- 
shall take possession of all the property, real and personal, and selsforfof^rop- 08 " 
funds belonging to said school in the hands of any former board ^ty^and elect 
of trustees or member or officer thereof, and are hereby empow- 
ered to elect the superintendent and teachers of said school and 
fix their salaries and term of employment, and may remove said 
superintendent and teachers or any of them at any time in their 
discretion and appoint others in their stead; and shall generally 
have full authority in the management, supervision and control 
of said school. 

Sec. 5. That any person having in his or her possession any persons having 
property or effects of any sort belonging to said school shall de- ^opefty oAhls 7 
liver the same to said board or to any person appointed by said school shall 

surrcDucr iu. 

board to receive the same; and any person failing to comply with 
the provisions of this section shall be guilty of a misdemeanor 
and on conviction be fined not exceeding fifty dollars or impris- 
oned not exceeding thirty days. 

Sec. 6. That upon the organization of the board of trustees as Moneys to be 
provided in this act it shall be the duty of the superintendent of P aid trustees, 
public instruction to pay to said board of trustees or to the sec- 
retary and treasurer of the same all moneys in his hands or which 
may come into his hands heretofore or hereafter appropriated to 
said school or to its maintenance and support. 

Sec. 7. That all laws andfcauses of laws in conflict with this 
act be and the same are hereby repealed. 

Sec. 8. This act shall take effect from and after its ratification. 

Ratified the loth day of February, A. D. 1899. 



244 



1899-Chapter 113. 



CHAPTER 118. 

An act to authorize and regulate an action or actions to test the right 
to the possession, custody and control of the property of the State's 
Prison, and the convicts confined therein. 



Additional rem- 
edy to test claim 
or claims for 
possession of 
State's Prison 
and convicts. 



Summons return- 
able at Wake 
superior court. 



Proviso. 



Said cause shall 
have precedence. 
Leaving copy of 
summons at 
residence or 
place of business 
sufficient service. 



Court may grant 
relief. 



Execution not 
stayed by appeal. 

Effect of reversal 
Proviso. 



When appellant 
shall enter ap- 
peal. 



Judge presiding 
shall fix time of 
appeal. 



The General Assembly of North Carolina do enact : 

Section 1. That in addition to the remedy prescribed by The 
Code, sections six hundred and three to six hundred and twenty- 
one inclusive, the board of directors of the State's Prisonjof North 
Carolina, or the executive board thereof, or both, with or with- 
out the jointure of the state, shall have the right in an action for 
injunction or mandamus to test in the courts the claims of any 
claimant or claimants to the possession, custody and control of 
the property of the State's Prison and of the convicts therein 
confined. 

Sec. 2. The summons in said action or actions, if issued five 
days or more prior to a regular term of the superior court of 
Wake county, shall be made returnable to said term, and all 
issues of fact arising therein shall stand for trial thereat: Pro- 
vided, the summons and complaint shall have been served at 
least five days prior to said term. Said cause shall have prece- 
dence of all other business civil and criminal. 

Sec. 3. That leaving a copy of the summons or complaint at 
the residence or business office of any such claimant shall be 
deemed a sufficient service of such summons or complaint ; that 
all questions and issues may be heard in or out of term, according 
to the practice in injunctions. 

Sec. 4. That in said action or actions the court may grant any 
proper relief prescribed in said sections six hundred and three to 
six hundred and twenty-one inclusive of The Code or any other 
proper relief. 

Sec. 5. That no appeal from the order or judgment of the court 
shall have the effect of staying the execution of said order or 
judgment; but if the same is reversed on appeal the defendant 
shall be restored to the said possession, custody and control : Pro- 
vided, the supreme court so directs. 

Sec. 6. That in case of an appeal the appellant shall enter the 
same at the time of the rendition of the judgment or granting of 
the order, and if no case on appeal is needed the said appeal shall 
be perfected and the transcript filed in the supreme court within 
five days after the actual rendition of said judgment or granting 
of said order. For the purpose of this section the term of the 
court shall not be held and deemed a single day. 

Sec. 7. That in all other cases except that prescribed in section 
six of this act the judge presiding shall have power to fix the 



1899— Chapter 113-114—115. 245 

time within which the case on appeal shall be served and.bond 
filed and also to fix the time for serving exceptions to said case : 
-Provided, said times shall not be greater than those prescribed Proviso, 
in The Code in matters of appeal. 

Sec. 8. That all laws and clauses of laws in conflict with the conflicting laws 
provisions of this act are hereby repealed. repealed. 

Sec. 9. That this act [shall] be in force fi'om and after its ratifi- 
cation. 

Ratified the loth day of February, A. D. 1899. 



CHAPTER 114. 

An act to amend chapter one hundred and fifty-four, public laws of eight- 
een hundred and ninety-one, relating to the lease of turpentine 
orchards. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and fifty-four of the Chapter 154, pub- 
public laws of eighteen hundred and ninety one be and the same amended. ' 
is hereby amended by striking out in section one, line three, the 
word '"April," and inserting in lieu thereof the word "January" : 
Provided, this act shall not apply to the counties of Montgom Proviso, 
ery, Richmond, Columbus, Brunswick, Robeson, Moore,) Onslow, 
Cumberland, Harnett. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the loth day of February, A. D. 1899. 



CHAPTER 115. 



An act to authorize the town of Elizabeth City to issue bonds and levy 
a special tax. 

The General Assembly of North Carolina do enact : 

Section 1. That the question of issuing bonds of town of Eliza- n ueBt ion of 

beth City in an amount not exceeding thirty thousand dollars to Elizabeth City 
, , , i . .-,-,., issuing bonds, 

be expended as hereinafter provided is hereby authorized to be 

submitted to the qualified voters of said town of Elizabeth City. Election author- 

Sec. 2. That an election for this purpose shall be called and held ^me and man- 

at the same time and in the same manner as is now provided for ner of holding 

the first election of commissioners of said town. Those in favor 



246 



1899— Chapter 115. 



Poll-holders and 
registrars to meet 
and make 
abstract of votes. 



If bonds ordered, 
Interest on, when 
payable, etc. 



Commissioners 
authorized to 
levy special tax. 



Bonds to be 
negotiated by 
eommissioners. 



Purposes for 
which bond 
proceeds shall 
be used. 



Commissioners 
may require 
treasurer to in- 
crease his bond. 



Denomination of 
bonds. 



of issuing the bonds shall vote a ticket having thereon the word 
il Bonds," and those opposed shall vote a ticket having thereon 
the words "Against bonds." 

Sec. 3. That the poll holders and registrars of election on the 
day after the same is held shall count in their respective wards 
and make an abstract of the votes cast and file the same with the 
board of commissioners of Elizabeth City at their first regular 
meeting after their election, as is now provided for by act of this 
assembly, at which time the said board shall examine the returns 
made to them as aforesaid and decide the result of election. If 
it shall appear that a majority of the qualified voters of the town 
shall have voted in favor of the bonds then said board of commis- 
sioners shall cause the same to be prepared and issued, said 
bonds shall be signed by the mayor of said town and counter- 
signed by the clerk ; the interest on said bonds shall be at the 
rate of five per centum per annum, payable semi-annually, rep- 
resented by coupons attached, lettered and numbered correspond- 
ing to the bonds of which they represent the interest. 

Sec. 4. That in order to meet the payment of said bonds and 
the accruing interest thereon, the said board of commissioners 
are hereby authorized and empowered to levy and collect a spe- 
cial tax not exceeding twenty cents on the one hundred dollars of 
assessed valuation of all the property, both real, personal, cho- 
ses in action and solvent credits within the corporate limits of 
said town. 

Sec. 5. That said bonds when issued shall be placed in the 
hands of the board of town commissioners and shall be negoti- 
ated to the best advantage by and under the direction of the said 
town commissioners and the proceeds thereof shall be paid over 
to the town treasurer and used under the direction of the said 
town commissioners for the following purposes, to wit: To 
broaden, lay out, improve, pave and put in order the streets of 
Elizabeth City and pay for the lands condemned and used for 
opening, widening and improving said streets in such manner and 
to such extent as may seem best to said board of commissioners: 
Provided, that said bonds shall not be sold for less than their par 
value. 

Sec. 6. That said town commissioners shall have the power to 
cause the treasurer to increase his bond before the proceeds from 
the sale of said bonds shall go into his hands in such sum as they 
may deem advisable, not to be less than fifty thousand (§50,000) 
dollars nor more than one hundred thousand (§100,000) dollars. 

Sec. 7. That said bonds shall be of the denomination of one 
hundred (§100) dollars each and shall bear interest from the date 
of their issue. 



1899— Chapter 115—116—117. 247 

Sec. 8. That all laws in conflict with this act be'and the same Conflicting laws 
. -, repealed, 

are hereby repealed. 

Sec. 9. That this act shall be in force from and after the date 

of its ratification. 

Ratified the 16th day of February, A. D. 1899. 



CHAPTER 116. 



An act to amend chapter one hundred and ninety-four, public laws of 
eighteen hundred and ninety-five. 

The General Issembly of North Carolina do enact ; 

Section 1. That chapter one hundred and ninety-four, public Amendment to 
laws of eighteen hundred and ninety-five, be and the same is uc^aws on895 Ub 
hereby amended by adding thereto the following sections: allowing counties 

" Section 8. That in case of an election held under the pro vis- road tax. 
ions of this chapter the votes shall be by townships, and if the vote shall be by 
majority of qualified voters in any township vote in favor of said townshl P s - 
levy, said tax shall be levied upon said township.'" Townships may 

"Section 9. That the taxes levied in and by the respective town- eYy ' 

ships which vote in favor of said road tax shall be expended in Taxes levied, how 

the said respective townships in and for which the taxes are 

levied." 

"Section 10. That this act shall only apply to the county of Shall apply only 
T . ■, ,, to Lincolnton 

Lincoln. county. 

Section 11. That this act shall be in force from and after its 

ratification. 

Ratified the 16th day of February, A. D. 1899. 



CHAPTER 117. 
An act to supply certain counties with supreme court reports. 

The General Assembly of North Carolina do enact : 

Section 1. That the secretary of state be and he is authorized 
to furnish to the clerks of the superior court of the counties of authorized to 
Swain and Graham all the supreme court reports from the sixty cou^cierksfof 01 

third to the seventy-sixth report inclusive. Swain and Gra- 
J ' ham oounties 
Sec. 2. This act shall be in force from its ratification. with certain re- 
Ratified the 16th day of February, A. D, 1899. portS- 



248 



1899— Chapter 118. 



CHAPTER lis. 

An act to authorize the commissioners of Clay county to borrow money, 
issue bonds and levy a special tax. 



Commissioners of 
Clay county 
authorized to 
borrow money 
and issue bonds. 



Bonds, how 
signed and 
authenticated. 



Deuomination of 
bonds. 



Bonds, whenjdue. 



Commissioners 
authorized to 
levy a special 
tax. 



Taxes, how 
collected. 



Liability of 
treasurer. 



Fund arising 
from bonds, how 
applied. 



The General Assembly of North Carolina do enact : 

Section 1. That for the purpose of building one or more 
bridges in Clay county the commissioners of Clay county are 
hereby authorized and empowered to borrow a sum* not exceed- 
ing three thousand dollars at a rate of interest not exceeding six 
per centum per annum, and to issue bonds therefor. 

Sec. 2. That said bonds shall be signed by the chairman of the 
board of commissioners of Clay county and countersigned by the 
clerk of said board and authenticated with the seal of said board, 
and shall express upon their face the purpose for which they 
were issued, and there shall be attached thereto interest coupons 
calling for interest thereon annually from the date of said bonds. 

Sec. 3. That said bonds shall be issued in denominations of 
not less than fifty ($50) dollars nor more than five hundred dol- 
lars, and that five hundred dollars of said bonds shall become due 
and payable one year after the date thereof and five hundred 
dollars shall become due and payable each succeeding year after 
the maturity of the first five hundred dollars in bonds until all 
shall be paid, which times of payment shall be expressed upon 
the face of said bonds, together with the place where the same 
shall be payable. 

Sec. 4. That the commissioners of said county are hereby au- 
thorized at the time of levying other county taxes to levy an- 
nually an additional special tax sufficient in amount to pay the 
interest upon said bonds and so much of the principal of said 
debt as may fall due during the next succeeding year after such 
levy, together with the costs and charges incident to said tax, 
upon all subjects of county taxation in said county as aforesaid, 
until the final payment of said bonds shall be provided for, main- 
taining the constitutional equation between property and poll. 

Sec. 5. That said taxes shall be collected by the sheriff of said 
county, whose bond shall be liable therefor as for other county 
taxes and he shall pay over the same to the county treasurer in 
like manner as other county taxes are paid. 

Sec. 6. That the said treasurer shall receipt for the said taxes 
and be liable upon his official bond for said taxes as for other 
taxes, and shall use the same for the payment of said bonds and 
interest as due and payable, and the fund arising from said taxes 
over and above the costs and charges incident thereto shall be 
applied to no other use than the payment as aforesaid. 

Sec. 7. That for the purpose of procuring said loan the said 



1899— Chapter 118—119. 249 

commissioners are authorized to advertise for bids for the whole, Commissioners 

or any part thereof, and may accept or reject any or all of such advertise for 

bids, or dispose of said bonds in any other way which in their blds - 

discretion they may deem best for the interest of said county; 

Prodded, however, that no bond shall be sold for less than par. proviso. 

Sec. 8. That said coupons shall be receivable in pavment of all Coupons receiv- 
able in payment 
count y taxes. for taxes. 

SEC. 9. That the clerk of said board of commissioners shall Clerk shall keep 
keep a book in which he shall keep an account of the number 
and denomination of said bonds issued as aforesaid, and the per- 
sons to whom the same are payable. Said clerk shall also keep 
an accurate account of the bonds and coupons attached to said 
bonds which shall be paid, taken in. or otherwise cancelled, so that 
by inspection of said book the true status of the bonded debt of 
said county herein provided for may be readily ascertained. Said 
book shall be at all times open for the inspection of any tax- 
payer of said county. 

Skc. 10. That as soon as the said bonds are issued, signed and Bouds, how 
countersigned, as hereinbefore provided, the said commissioners livered. 
shall place the same in the hands of the treasurer of said county, 
who shall countersign the same and deliver to such purchasers, 
upon then compliance, upon such terms as may be designated 
by said board of commissioners by order directed to the treas- 
urer, and said treasurer shall make out and return to said com- 
missioner an accurate account of the number and denomination 
of said bonds, and where delivered ; and the said treasurer shall 
receive all proceeds of the sale and disposal of said bonds, hold Treasurer shall 
such proceeds subject to the order and direction of said board, subject to di- 
and be responsible for the safe custody and keeping of said pro- b^ard! 1 ° 
ceeds, as by law it is now provided that he shall be and is re- 
sponsible for the custody and keeping of the moneys of said 
county as treasurer thereof. 

Sec. 11. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 16th day of February, A. D. 1899. 



CHAPTER 119. 
An act supplemental to " An act to improve the roads in Anson county." 
The General Assembly of North Carolina do enact : 

Section 1. That the act of this general assembly, ratified the Act ratified 
twenty-sixth (26th) day of January, eighteen hundred and ninety- fggg^aUbe' 
nine, and entitled "An act to improve the roads in Anson county," construed to 
wherein the same relates to Wadesboro township, shall beheld wadesboro, etc. 



250 



1899— Chapter 119—120—121. 



Subjects of taxa- 
tion shall be in- 
cluded within 
meaning of act 



and construed to relate to and include the town of Wadesboro 
and any other incorporated town in said township, as well as the 
portion of said township outside the corporate limits of said 
towns in the matter and question of voting for and issuing bonds 
and of voting for and levying taxes for the purposes defined in 
said act. 

SEC. '2. Thai in any tax levy in any other township in Anson 
county, made in pursuance of said act, any incorporated town 
therein and the subjects of taxation in any such town shall be 
included within the meaning and intent of said act. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 10th day of February, A. D. 1899. 



Shooting guns in 
Sparta and Jeffer- 
son unlawful. 



Misdemeanor. 
Penalty. 



CHAPTER 120. 

An act to prohibit shooting gins or pistols in the towns of Sparta, 
Alleghany county, and Jefferson, Ashe county. 

The General Assembly of North Carol/ na do enact: 

Section 1. That it shall be unlawful for any person wantonly 
or in sport to shoot or discharge any gun or pistol in or within 
one hundred yards of any street in or any public road leading 
out of the towns of Sparta in Alleghany county and Jefferson in 
Ashe county for a distance of one fourth mile from the court 
houses in said towns. 

Sec. 2. That any person violating section one of this act shall 
be guilty of a misdemeanor, and upon conviction shall be fined 
not to exceed fifty dollars or imprisoned not to exceed thirty days. 

Sec. 3. That this act shall be in full force from and after April 
first, eighteen hundred and ninety-nine. 

Ratified the 16th day of February, A. D. 1899. 



Section 1, chapter 
81, public laws of 
1897, relating to 
killing of deer 
in Hyde county, 
amended. 



CHAPTER 121. 

An act to amend section one of chapter eighty-one, of public laws of 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact: 

Section 1. That section one of said act be amended by placing 
after the word "do" in said section the following: "Provided, 
that all that portion of Hyde county between Alligator and Long 
Shoal rivers and bounding Mattamuskeet lake on the north, 
east and noi theast be and the saiue is excluded from the appli- 
cation of this act." 

Sec. 2. This act shall be in force from and after its ratification. 
Ratified the 16th day of February, A. D. 1899. 



1899— Chapter 122—123—124. 251 

CHAPTER 122. 

An act relating to school district number three, Court House township, 
of Camden county. 

The General Assembly of North Carolina do enact : 

Section 1. That the school committee of white district num- school commit- 

ber three in Court House township of Camden county are hereby ^istricT Ncf 3 

forbidden to dispose of any property belonging to said school dis- Court House 
, . , . . *. . * . ., . , , „ ~ township, Cam- 

ti'ict by sale or otherwise during their present term or office, den county, for- 

Sec. 2. That any person or persons violating the provisions of of certain prop? 89 

this act shall be guilty of a misdemeanor, and upon conviction ^ y \ 

p J L Misdemeanor, 

shall be punished in the discretion of the court. Penalty. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 
Ratified the 16th day of February, A. D. 1899. 



CHAPTER 123. 



An act to repeal chapter four hundred and thirty-eight, public laws of 
North Carolina of eighteen hundred and ninety-seven, the same being 
an act to create a public school district of the town of Rockingham, 
North Carolina. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter four hundred and thirty-eight of the chapter 438, pub- 
public laws of North Carolina of eighteen hundred and ninety reUtin! tocfrea- 
seven be and the same is hereby repealed. tio 11 of public 

Sec. 2. That this act shall be in force from and after its ratifi- repealed 
cation. 

Ratified the 16th day of February, A. D. 1899. 



CHAPTER 124. 
An act to authorize the town of Durham to issue school bonds. 
The General Assembly of North Carolina do enact : 

Section 1. That the aldermen of the town of Durham be and 

the same are herebv authorized to issue coupon bonds not to ex- Durham nutho- 

x nzed to issue 

ceed in amount the sum of sixteen thousand dollars and in de bonds. 

nominations of not less than twenty-five dollars nor more than Denomination of 

one thousand dollars, bearing interest from date of bonds at a bonds - 

rate not to exceed six per centum per annum, and payable semi- 



Alder men of 



252 



1899— Chapter 124. 



Rate of interest. 



When payable. 
Proviso. 



Signature of 
bonds. 



Disposition'of 
bonds. 



Liability of 
treasurer. 



Treasurer's bond 
may be renewed 



Funds thus 
arising shalljbe 
kept separate. 



annually on the first day of January and the first day of July of 
each year until the said bonds are paid; that the said bonds 
shall be made payable at a time to be fixed by said aldermen and 
named therein, not to be less than three nor more than twenty- 
five years from date thereof ; Provided, however, that the said 
aldermen of the town of Durham may divide said bonds into 
classes, as they may determine best and have them mature at 
different convenient dates between the limits aforesaid. It is 
further enacted that said bonds and their coupons shall be num- 
bered and the bonds shall be signed by the mayor of the town of 
Durham and countersigned by the clerk of the board of aldermen 
of said town, and have the corporate seal of said town affixed 
thereto, and the coupons thereto attached shall be signed by the 
mayor of the said town ; that a record shall be kept of the said bonds 
showing the numbers and denominations thereof and to whom 
sold, the dates of issuing thereof and when the same will mature, 
and the interest bearing rate thereof, the amount received from 
the sale of the same and the date of paying the proceeds into the 
treasury of said town, and such other data in relation to the 
same as the board of aldermen may direct to be kept. 

Sec. 2. That the bonds hereby authorized to be issued shall 
not be sold for less than their face value, and the mayor of said 
town shall not deliver said bonds or any of them to the pur- 
chaser thereof until the purchase money thereof shall be paid to 
the treasurer of said town and his receipt to the purchaser pro- 
duced before the mayor as evidence of such payment, and the 
treasurer of the town shall receive all such moneys paid in the 
puchase of the bonds in his official capacity as treasurer of said 
town, and he and the sureties on his official bond shall be liable 
to account for and pay over the same as is provided in this act 
or as may be otherwise provided by the laws relating to the treas- 
urer of said town of Durham; and it shall be the duty of the 
board of aldermen of the said town of Durham to see to it that 
the bond of said treasurer shall at all times be sufficient in amount 
and with satisfactory sureties to provide against any loss of 
money arising from the sale of said bonds, and to that end may 
at any time require said treasurer to renew his official bond in 
such sum and with satisfactory sureties as they may require, and 
in default thereof remove him from his office as treasurer. 

Sec. 3. That the treasurer of the town of Durham shall keep 
separate from all other public moneys coming into his hands the 
moneys arising as proceeds from the sale of said bonds and the 
same shall be expended by the school committee of the town of 
Durham, Durham county (the body corporate created by and 
existing under chapter eighty six, laws of one thousand eight 
hundred and eighty-seven, entitled "An act in relation to the 



1899— Chapter 124. 25a 

public schools in the town of Durham,") and said money shall be Funds thus 
expended in the purchase of lands in the town of Durham and the txpend'ed° W 
erection thereon of suitable buildings (either or both of these as 
the said school committee may deem best) and in furnishing the 
same with necessary equipments and furniture for the accommo- 
dation of the public schools of the town of Durham, and for such 
other purposes as the said school committee may order the same 
to be disbursed; Provided, however, this act shall be submitted Proviso, 
to the qualified voters of said town of Durham for their ratifica- shall he sub- 
tion or rejection at an election to be held in said town at such a jfeVvoters^* 1_ 
time as the aldermen may appoint within six months of the rati- 
fication of this act; the said election shall be advertised by the 
said board of aldermen of the said town of Durham for thirty 
days prior to the day of election in one or more newspapers pub- 
lished in said town, and the said election shall be held under the 
supervision of inspectors and poll holders or judges of election 
appointed by the said board of aldermen, and the returns of the 
result of said election be made and certified in like manner as all Manner of hold- 
other elections in said town, and in like manner the returns of 
said election and the result thereof be canvassed by the said board 
of aldermen and the result declared. At the said election those 
who are in favor of issuing said bonds shall vote "For school 
bonds" and those who are opposed shall vote "No school bonds" Form of ballot, 
on written or printed ballot ; that the number of the ballots cast 
for and against the said bonds and deposited in the ballot boxes 
provided for that purpose shall be counted and the result of the 
said election certified and returned to the said board of aldermen 
of the town of Durham, and the same, when canvassed and de- 
clared as aforesaid, shall be certified under the hands of the mayor 
of the said town and the said clerk of the said board of alder- 
men and the corporate seal of the said town of Durham to the 
secretary of state, which said certificate of result of said election 
shall be filed by the secretary of state in his office. If at said elec- 
tion a majority of the qualified voters of the town of Durham 
shall not vote "For school bonds," then this act shall be there- 
after of no force and effect ; but if at the said election the ballots 
cast "For school bonds" shall be a majority of all the votes cast 
and also a majority of all the qualified voters of the said town of 
Durham, then the said board of aldermen shall proceed at once if "for bonds," 
to issue and sell bonds or so many thereof as shall be necessary in wnen lssuea - 
the judgment and discretion of said school committee of the 
town of Durham in Durham county for the purposes aforesaid. 

Sec. 4. In order to pay the interest on said bonds and to create Commissioners 
a sinking fund to pay the principal of said bonds at maturity the tax^topay fnter* 1 

board of aldermen of the town of Durham shall levy and collect est and create 

sinking fund, 
a special tax of six cents on every hundred dollars worth of taxa- 



254 



1899— Chapter 124—125. 



Proviso. 
Residue. 



Trustee may be 
appointed. 



Duties of trustee, 
by whom pre- 
scribed. 



Proviso. 



Compensation of 
treasurer. 



ble property in the said town and eighteen cents on each taxable 
poll, or such other special taxes as may be necessary for that pur- 
pose, observing the equation of taxation between property and 
polls fixed by the constitution for the purpose of state and county 
taxation, and the money paid into the said town treasury received 
from the taxes under this act shall be appropriated for the pay- 
ment of said bonds and coupons and for no other purpose what- 
soever : Provided, all moneys remaining in the treasury belonging 
to said fund after all the aforesaid bonds and coupons shall have 
been redeemed may then be transferred by order of said school 
committee to the general funds of said town of Durham. 

Sec. 5. The board of aldermen of the town of Durham may, if 
in their opinion at any time it becomes necessary or advisable, 
appoint a trustee whose duty it shall be to receive from the tax 
collector of the town of Durham all taxes collected under this act 
for the purpose of paying the interest on said bonds and for cre- 
ating a sinking fund to pay the principal of said bonds at matu- 
rity; and the said board of aldermen may prescribe the duty of 
said trustee, fix the amount of his compensation and the bond 
for the faithful performance of duty on his part. It shall be the 
duty of the said trustee to invest or lend the money coming into 
his hands for the purpose of creating a sinking fund in safe 
securities and upon real estate situated in the town of Durham ; 
Provided, however, that no such investment or loan shall be made 
without the consent and approval of the school committee of the 
town of Durham, Durham county. 

Sec. 6. The treasurer of the said town of Durham shall be allowed 
in full payment for his services a commission of one per centum 
of the amounts disbursed under this act arising from the sale of 
said bonds, but shall not be allowed anything for receiving the 
same from the town tax collector. 

Sec. ?. This act shall take effect from and after its ratification. 

Ratified the 16th day of February, A. D. 1899. 



CHAPTER 125. 



An act to secure a better drainage of Lockhart's creek, in Lincoln 
county. 



Drainage com- 
missioners. 



The General Assembly of North Carolina do enact: 

Section 1. That Levi Shrum and J. J. Little be appointed 
commissioners to'supervise and enforce abetter drainage of Lock- 
hart's creek in Lincoln county from its mouth at Clarke's creek 
to the ford of said creek at Daniel Thornton's and John Little's 
line. 



1899 -Chapter 125. 255 

Sec. 2. That in case of a vacancy occurring by death or other- Vacancies occur- 
wise of either or both of said commissioners it shaJl be the duty nDg- 
of the county commissioners of Lincoln county, upon application 
of any interested land owner on said creek, to appoint some suit- 
able person owning land on said creek to fill such vacancy. 

Sec. 3. That said commissioners shall appoint an overseer who commissioners 
shall serve for a term of two years from his appointment and until oversee P i\ 0lnt 
his successor is qualified. 

Sec. 4. It shall be the duty of said commissioners at least twice commissioners 
in every year to examine said stream and notify the said overseer !tream Xamine 
of any and all work necessary and proper to be done in order to 
keep said stream free from obstructions and the bank thereof 
clean; and so also notify the said overseer of any alterations or 
changes that should be made in the channel of said stream. It 
shall be the duty of said overseer, upon such information received 
from said commissioners within five days thereafter, to notify the 
respective land ovners of what work is needed along said stream. 

Sec. 5. That each land owner along said stream shall keep the Landowners 
bed of said stream adjoining his land clean from logs, brush and certatad uties. 
other obstructions, and to keep the banks of said stream clean 
for a distance of four feet from said bank, and to widen and 
straighten and change the channel of said stream when deemed 
necessary by the said commissioners. 

Sec. 6. That each land owner shall within fifteen days after when notice is 
notification by said overseer begin and continue until he has com- f e Tp nby over " 
pleted any work required of him in accordance with the direc- 
tions of said overseer. 

Sec. 7. That each land owner shall be required to furnish such Land owuers 
implements and means for working, clearing and removing ob- SQal J furnisn 
structions and straightening and changing the channel of said 
stream as are necessary and proper for such work, and shall be 
required to work such time as the said overseer may deem nec- 
essary and proper, not exceeding twenty days in a year. 

Sec. 8. That any person who shall willfully refuse to perform persons refusing 
the work required of him for the space of fifteen days after such t0 P erform work, 
notification shall be guilty of a misdemeanor and on conviction Misdemeanor, 
shall be fined not less than five nor more than twenty dollars or penalty, 
imprisoned not more than thirty days; Provided, that if any proviso, 
person or persons so offending shall pay the penalty herein men- 
tioned to the overseer of the section wherein the offense was com- 
mitted before a presentment is made of the same, he or they shall 
not be liable to indictment for said offense. 

Sec. 9. That all moneys arising from failure to work on said Moneys arising 
creek and all fines and penalties collected under the provisions 
of this act shall be paid to the said overseer and by him expended 
under the direction of said commissioners in improving the chan- How applied. 



256 



1899— Chapter 125—126—127. 



Overseers failing 
to perform duty. 



Proviso. 



Shall not prevent 
building of 
bridges. 



Public road duty 
not remitted. 



nel of said stream and in performing the work which was neg- 
lected by such land owner or land owners. 

Sec. 10. That any overseer who shall fail or neglect to perform 
the duties required by this act shall be guilty of a misdemeanor 
and on conviction thereof shall be fined not more than twenty 
dollars or imprisoned not more than thirty days: Provided, no 
person shall be required to serve as such overseer without his 
consent for more than one term of two years at any one time. 

Sec. 11. That nothing contained in this act shall prevent the 
building of public bridges on public roads across said stream or 
private bridges or water-gates by the land owners for their own 
convenience. 

Sec. 12. That nothing herein contained shall be so construed as 
to prevent persons herein mentioned from working on public 
roads. 

Sec. 13.. This act shall be in force from and after its ratification. 

Ratified the 16th day of February, A. D. 1899. 



Section 616 of The 
Code, regarding 
service of sum- 
mons of quo 
warranto, 
amended. 

Copy of service or 
summons may 
be left at last 
residence or 
business office. 



CHAPTER 126. 

An act to amend section six hundred and sixteen of The Code in relation 
of the service of process in actions of quo warranto. 

The General Assembly of North Carolina do enact: 

Section 1. That section six hundred and sixteen of The Code 
be amended by adding the following at the end of said section; 
Provided further, that the service of the summons and complaint 
as hereinbefore provided may be made by leaving a copy thereof 
at the last residence or business office of the defendant or defend- 
ants, and the same shall be held and deemed a legal service of 
the said summons and complaint. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 17th day of February, A. D. 1899. 



CHAPTER 127. 

An act to establish and provide for the organizing of the county of Scot- 
land from the territory of Richmond county. 

The General Assembly of North Carolina do enact : 

Section 1. That a county by the name of Scotland be and the 
same is hereby created and established out of and embracing 
Ofwhat territory Laurel Hill, Spring Hill, Stewartsville and Williamson's town- 
ships in Richmond county, the whole to lie within and have the 
following specified bounds, that is to say; Beginning at a point 



County of Scot- 
land created and 



composed. 



1899— Chapter 127. 257 

in the line between the states of North Carolina and South Caro- Boundaries, 
lina, where the county of Robeson and the county of Richmond 
in the state of North Carolina converge on said state line ; thence 
in a northerly direction with the line between the counties of 
Richmond and Robeson in the state of North Carolina to Cum- 
berland county ; thence with the line between Richmond and 
Cumberland counties to Moore county: thence with the line be- 
tween Moore and Richmond counties to the line between Beaver 
Dam and Spring Hill townships in Richmond county ; thence 
with the line between the townships of Beaver Dam, Rocking- 
ham and Mark's Creek townships in Richmond county, and be 
ing the line dividing said townships from the townships of Spring 
Hill, Laurel Hill and Williamson's in the said county of Scotland 
to the line between the stal es of North Carolina and South Caro. 
lina; thence with said state line to the beginning. 

Sec. 2. That the said county of Scotland shall be and is hereby General powers, 
invested with all the rights and powers and privileges of the sev- 
eral counties of the state under general laws regulating the same, 
and shall be subject to such laws as now exist or shall hereafter 
be enacted for the government of counties. 

Sec. 3. That Peter McRae, Esq., and W. H. McLaurin, Esq., p eter McRaeand 
of said county of Scotland be and they or either of them are ap- appSnted^o'm- 11 
pointed commissioner or commissioners on the part of Scotland missioners to 
county, and they or either of them shall meet a commissioner or commissioner to 
commissioners who shall be appointed by the board of commis- comrnissioaers 7 
sioners of the counties of Richmond and Robeson at their first ° f Richmond and 

Robeson. 

meeting during the year Anno Domini one thousand nine hun- 
dred; and the said commissioners herein provided for shall pro- rj u tiesofconi- 

ceed to select a competent surveyor, and being sworn they shall missioners. 

^ J o j Shall appoint 

survey and mark the line between said county of Richmond and surveyor. 

the county of Scotland and the county of Robeson, as designated 
in this act. and make a report of the same under their hands and Report, 
seals or the hands and seals of any two of them representing op- 
posite sides of said dividing line to the board of commissioners of 
each of sakl counties, which report shall be spread upon the 
minutes of said boards as a part of their records. The said com- 
missioners shall furnish the said board of commissioners of each shall furnish 
of said counties with a map of their survey. Said commissioners ma - DS - 
to survey said line shall have power to employ such persons as 
may be necessary for making said survey, and said commissioners 
and their helpers shall be allowed reasonable compensation for compensation 
their service to be allowed by the board of commissioners of the and°heipers 10ner8 
county of Scotland: Provided, the commissioner or commission- Proviso, 
ers from Robeson county shall be paid by the board of commis- 
sioners of Robeson county, and that said survey between the 

17 



258 



1899— Chapter 127. 



Sheriff and other 
county officers 
of Richmond 
shall continue to 
exercise functions 
of office over 
detached portion 
for certain time. 



Proviso. 

Officers shall file 
within month of 
December, 1900, 
certain certifi- 
cate. 



Election of 
officers at next 
general election. 



How elected. 



County of Rich- 
mond shall serve 
papers, etc. 



Commissioners of 
Richmond 
county shall 
make tax levy 
for Scotland for 
year 1900. 
Special tax laws 
shall apply. 



counties of Robeson and Scotland shall be made in accordance 
with the acts creating the counties of Robeson and Richmond. 

Sec. 4. That the sheriff and other county officers of the county 
of Richmond shall continue to exercise the functions of their re- 
spective offices in the detached portions of said county until the 
officers of the county of Scotland shall have been elected and 
qualified according to law. All township officers in said portion 
herewith detached from Richmond county shall continue and be 
officers in the county of Scotland as freely and fully and with the 
like duties, powers and requirements for said officers as in other 
counties and for such term as they held or may hold under their 
appointment or election in and for the county of Richmond: Pro- 
vided, that all such officers shall within the month of December, 
Anno Domini nineteen hundred, file with the clerk of the supe- 
rior court or the board of commissioners, as required originally 
of said county of Scotland, a proper certificate of original quali- 
fying: And provided further ', that each of said officers shall take 
before the officers with who [whom] said certificate be filed the 
oath of office required generally for said officers. 

Sec. 5. That at the general election next ensuing for such offi- 
cers there shall be an election for sheriff, clerk of the court, reg- 
ister of deeds, coroner, surveyor and such other county and town- 
ship officers as shall be regularly elected by other counties, ex- 
cepting county treasurer, for the county of Scotland, to be voted 
for by the qualified voters at such election in the county of Scot- 
land. And the several officers of Richmond county shall be em- 
powered and it shall be their duty to conduct said election for 
the county of Scotland in all respects for said county as the said 
officers shall be required to do for the county of Richmond, mak- 
ing out different returns, separate canvasses of votes and in all 
respects keeping the votes of said counties separate, and tabulat- 
ing them and reporting them separately as required by law in 
and for the county of Richmond. Said officers of the county of 
Richmond shall serve all papers, post all notices and do any and 
all things in and for the county of Scotland as generally required 
of and for other counties by the officers thereof, and shall issue 
such commissions to the officers elect of said county of Scotland 
as shall be required of them for the county of Richmond. 

Sec. 6. That the board of commissioners of the county of Rich- 
mond or other officers making tax levy for said county for the 
year Anno Domini nineteen hundred shall make a like levy for the 
county of Scotland for said year. And all laws appertaining to 
special taxes for said county of Richmond shall apply and con- 
tinue to apply to said county of Scotland until repealed and 
shall be binding upon the county of Scotland and its officers as 
completely as if enacted especially for the county of Scotland. 



1899 -Chapter 127. 259 

Sec. 7. That the several courts of the state shall have jurisdic- state courts shall 
ton in and over the county of Scotland as such county on and ave -> uns 1C lon - 
after the first Monday in December, Anno Domini one thousand 
and nine hundred, to the same extent and in the same manner as 
the said courts have in and over the several counties of the state, 
and on and after said first Mondaj in December, Anno Domini 
nineteen hundred, the said courts shall have jurisdiction of all 
matters within the county of Scotland as the said courts would 
have over the same matters and things without the formation of 
said new county. And it shall be no defense by plea or other- certain plea no 
wise as to jurisdiction of said courts over causes of action arising furi^f c yon° 
or that have arisen within the territory embraced in said Scot- 
land county territory, brought into the courts of said county of 
Scotland, that the said cause of action arose before the formation 
of the county of Scotland: Provided, that this shall in no way Proviso, 
affect any of the statutes of limitation governing causes generally. 

Sec. 8. That the superior courts of the county of Scotland shall Laurinburg the 
sit in the town of Laurinburg and the several offices required to 
be kept at the court-[house] shall be kept in said town. 

Sec. 9. That all civil and criminal cases pending in the supe- certain actions 

rior court of Richmond county or any other county court held in S^ 13611 ^^ 118 ia 

said county of Richmond wherein the parties plaintiff and de- county may be 

transferred to 
fendant, or where the party- defendant resides in said counly of Scotland. 

Scotland or where the criminal offense charged was committed in 
said county of Scotland shall upon motion of defendants in crim- 
inal causes therein pending or upon motion of either party to 
civil causes be transferred to the superior or other proper court 
of Scotland county. Such motion for removal shall be made at Motions for re . 

the first term of the court wherein the cause shall be pending moval, when 

r made, 

which shall sit or be holden after the first Monday in December, 

Anno Domini nineteen hundred, and such transfer shall in no 
way work any preference or prejudice: Provided, that the judge Proviso _ 
of the court wherein such civil causes shall be pending shall be 
empowered to exercise his discretion as to the removal of civil Juc j ge presiding 
causes, and may deny such motion for removal, upon objection may exercise 
made by opposing party to said action. It shall be the duty of removal, 
the clerk of the court of Richmond county to transmit the orig- 
inal papers in all such causes removed, together with proper Clerk shall trans . 

record of all such causes removed. mit original 

. papers. 
Sec. 10. That if this session of the general assembly shall make Provisions for 

no provision for the holding of courts in said county of Scotland, superior c 

it shall be the duty of the board of county commissioners of said 

county to apply to the governor of the state for a term to be 

holden as often as one each spring and one each fall, and it shall 

be the duty of the governor to order such terms to be held at 

such times as he shall be able to assign a judge to hold the same, 



260 



1899— Chapter 127. 



Governor shall 
order courts. 



Commissioners 
shall advertise 
time of holdiDg 
court. 

Proviso. 



Proviso. 



Processes shall be 
made returnable 
to Scotland 
courts. 



Proviso. • 



Commissioners 
shall select a site 
for ereci ion of 
jail 

Proviso. 

Shall be let to 
lowest responsi 
ble bidder. 



Proviso. 

Until completion 
of jail persons 
liable may be 
committed to 
Richmond 
county jail. 
Proviso. 
Commissioners 
may procure 
suitable buildings 
for transaction 
of other business. 



preferably when the judge riding the district embracing said 
county shall be able to hold the same. And it shall be the duty 
of said judge to hold said court, if he be not otherwise engaged, 
as fully as if said court were regularly provided for as one of the 
regular courts of said district; but if said judge be unable for 
any cause to hold said court whenever it may be ordered, then it 
shall be the duty of the governor to assign some other judge to 
hold the same, who shall receive the usual compensation for the 
holding of extra terms of court. And it shall be the duty of the 
board of commissioners of the county of Scotland to advertise the 
time of holding said courts for six weeks beforehand in some 
paper published in said county, or in some paper having 
a circulation in said county if there be none published in 
said county: Provided, that judgments, orders and decrees may 
be entered in all cases, if said time of holding said courts be ad- 
vertised thirty days, and said term shall be legal in every respect 
as to having been advertised: Provided further, that advertising 
the time of holding said courts for twenty days, shall be sufficient 
in law, but no judgment shall be entered by default in any civil 
case unless said term be the return term, and unless summons or 
other process has been personally served citing the defendant or 
defendants to appear on a day certain, being the return day of 
said process. AH process, civil and criminal, shall be made re- 
turnable to said courts, and when it shall be necessary to issue 
such process or take any recognizance or bond for the appearance 
of any person at any of said courts, and if the time of holding 
same be not known by the person or officer taking or issuing 
same, it shall be sufficient to make the same returnable to the 
next term of the said courts without specifying a, day certain : 
Provided, that if the time of holding said courts be otherwise 
regulated by statute, this section shall be void. 

Sec. 11. The county commissioners of the said county of Scot- 
land shall select a site for the erection of a jail within one mile of 
the center of the town of Laurinburg, and shall contract for the 
building of the same: Provided, that it shall be let to the lowest 
responsible bidder by advertisement of the county commission- 
ers. Said bidder shall enter into bond with sufficient sureties to 
be approved by the commissioners, to build and complete said 
jail according to specifications furnished by said commissioners; 
' Provided further , that until the erection of a suitable jail in said 
county all persons liable to imprisonment by any process, civil or 
criminal, in said county may be committed to the jail of Rich- 
mond county: Provided further, that the said commissioners of 
said county may procure suitable buildings for the transaction 
of all county business, and may contract for a term of years for 
same, if they deem it expedient so to do. 



1899— Chapter 127. 261 

Sec. 12. That said ccunty of Scotland shall have one represent- Representation in 
ative in the house of representatives of the general assembly. le s islalure - etc - 
and Richmond county shall have one; said county of Scotland 
shall be a part and parcel of the senatorial, congressional and 
judicial districts of which Richmond county shall be a part and 
parcel. 

Sec. 13. That all real estate which may be bought by the com- To WQO m title for 

missioners of said countv for the purposes of this act shall be real estate bought 

J c L by commission- 

conveyed to the board of commissioners of the county of Scotland ers shall be made. 

for the use of said county. 

Sec. 14. That said county of Scotland shall bear its propor- shall bear its 
tionate part of the debt of Richmond county, both bonded and Richmond ° f 
floating outstanding on the first Monday in December, Anno county debts. 
Domini nineteen hundred, and the proper levying officers shall 
proceed according ro law to levy taxes to pay the same as it be- 
comes due, and the tax collector of said county shall collect the 
said taxes so levied. 

Sec. 15. That the board of commissioners of fhe county of Providing for the 
Richmond at their December meeting, Anno Domini nineteen certain arM- ° 
hundred, shall appoint two (2) freeholders as arbitrators, and the trators - 
board of commissioners of the said county of Scotland shall ap- 
point a like number at their first meeting, and said arbitrators 
herein provided for shall meet in the town of Rockingham on 
the Monday next after their appointment, and from time to time 
thereafter until their work has been completed, and after being 
sworn said arbitrators shall ascertain the outstanding indebted- shall ascertain 
ness of Richmond county on said first Monday in December, Richmond 888 ° f 
Anno Domini nineteen hundred, and upon the basis of tax val- county, etc. 
uation of the county of Richmond and the county of Scotland 
shall determine the amount proportional to each county of said 
indebtedness, which indebtedness sha 1 be paid in accordance 
wit h such finding : Provided, the board of commissioners of either proviso, 
county may appeal to the superior court of Richmond county as commissioners 
provided for appeals from boards of commissioners. And it shall "L e i the 1 r S?! mty 
be heard as other causes and may be removed to another county, " 
upon motion, upon affidavit filed, if the presiding judge shall 
deem it proper to remove the same. And the said arbitrators 
shall determine the proportionate part of the funds on hand Duties of arbi- 
which should be awarded to each of said counties and shall de- trators - 
termine what taxes shall be due and collectible by each of said 
counties, and shall certify their findings to the board of commis- 
sioners of each of said counties, and their finding shall be binding shall certify 
upon said counties. And frcm any of said findings a like appeal flndiD S s - 
may be had as herein provided. Said arbitrators -shall be em- Arbitrators em- 
powered to select an umpire who shall serve with them after be- SmpTre* 1 t0 SeleCt 
ing sworn, and said arbitrators and umpire shall be empowered 



262 



1899— Chapter 127—128—129. 



Duties and pow- 
ers of umpire. 



to send for parties and papers, administer oaths and punish for 
contempt as provided for boards of county commissioners. 

Sec. 16. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 20th day of February, A. D. 1899. 



CHAPTER 128. 



An act to amend section three thousand eight hundred and six of The 
Code, in relation to government of cities and towns. 



Section 3806 of 
The Code 
amended. 



Towns shall not 
be liable for fines 
heretofore col- 
lected. 

Conflicting laws 
repealed. 



The General Assembly of North Carolina do enact ; 

Section 1. That after the word "town" in the third line of sec- 
tion three thousand eight hundred and six of The Code there 
shall be added these Words, "said fines and penalties shall be 
paid into the treasury of said town for municipal purposes." 

Sec. 2. That no action shall be brought or maintained against 
any town for the recovery of any fines and penalties heretofore 
collected, and this act shall apply to existing actions. 

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

Sec. 4. That this act shall be in effect from and after its ratifi- 
cation. 

Ratified the 21st day of February, A. D. 1899. 



CHAPTER 129. 



Claims for repair- 
ing fences, etc., 
around the stock 
law territory in 
Jackson county, 
how settled. 



How such claims 
shall be entered. 



An act amendatory to the stock law in Jackson county. 

The General Assembly of North Carolina do enact : 

Section 1. That all claims for building, repairing and main- 
taining fences and gates around any "stock law" territory in 
Jackson county, whether the same be done under the supervis- 
ion of a committee or under the direct supervision of the com- 
missioners of said county, shall be approved and audited by the 
board of commissioners of said county before the same shall be a 
valid voucher in the hands of the county treasurer. 

Sec. 2. That when such stock law claims are audited the board 
of commissioners of said county shall cause the same to be en- 
tered upon the "record of accounts" of said county, specifying 
the particular "stock law boundary to which each claim is 
charged." 



1899— Chapter 129—130—131. 263 

Sec. 3. That all claims now outstanding against the various Outstanding 

stock law territories in said county must be brought before the brought before 

board of commissioners of said county and audited as aforesaid commis sioners. 

before the same shall be valid vouchers in the hands of the 

county treasurer : Provided, that the commissioners shall not be 

allowed to plead the two years statute of limitations to any of 

said claims. 

Sec. 4. That all laws and causes of laws in conflict with this Conflicting laws 

repealed, 
act are hereby repealed. : , 

Sec. 5. That this act shall be in force from and after its ratifi 

cation. 

Ratified the 21st day of February, A. D. 1899. 



CHAPTER 130. 



An act to amend an act entitled " An act to repeal chapter fifty-one of 
the acts of the general assembly of eighteen hundred and ninety- 
seven." 

The General Assembly of North Carolina do enact: 

Section 1. That the act of the general assembly of eighteen Actamending 
hundred and ninety-nine, entitled "An act to repeal chapter ing to fishing in 
fifty- one of the acts of the general assembly of eighteen hundred sound 1 and the 



and ninety-nine, be amended as follows: After the word "dis- 
tance" and before the word "provided" in section four thereof, 
insert the words, "or seine within such mile and a half," which 
words shall be taken and considered a part of the said section. 

Sec. 2. This act shall be in force from and after its ratification. 

Ratified the 21st day of February, A. D. 1899. 



sound and the 
rivers en 
therein. 



CHAPTER 131. 



An act to amend chapter one hundred and nine ( 1 09) public laws of 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter one hundred and nine (109), public chapter 109, pub- 
laws of eighteen hundred and ninety-seven, entitled "An act in r x ^ a ^d to triafof 
regard to the trial of civil actions," be amended by striking out civil actions, 
section three (3) thereof.'and inserting in lieu"thereof the follow- 
ing: 



264 



1899— Chapter 131—132—133. 



Motion refused , 
defendant may 
except and 
appeal. 



"Sec. 3. That if the motion is refused, the defendant may ex- 
cept and appeal, or he may thereupon introduce his evidence 
just as if he had not made the motion. In this case he shall be 
deemed to have waived his exception unless he shall renew his 
motion after all the evidence on both sides is in. If the motion 
is then refused upon a consideration of all the evidence he may 
except, and after the jury shall have rendered its verdict he shall 
have the benefit of his exception on appeal to the supreme court." 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 21st day of February, A. D. 1899. 



CHAPTER 132. 



An act to amend chapter two hundred and seventy, public laws of 
eighteen hundred and ninety-five. 



Section 3, chapter 
270, public laws 
of 1895, relating 
to bonds of 
county officers in 
security com- 
panies, amended. 
County commis- 
sioners may 
accept bonds. 
Section 4, relative 
to annual exami- 
nation of bonds, 
etc., repealed. 



The General Assembly of North Carolina do enact : 

Section 1. That section three of chapter two hundred and 
seventy (270), public laws of eighteen hundred and ninety-five, 
be and is hereby amended by striking out in line ten of said sec- 
tion the word "shall" and substituting therefor the word "may." 

Sec. 2. That section four of said act be and is hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 21st day of February A. D. 1899. 



CHAPTER 133. 



An act to regulate shooting of wild fowl in Dare county 



Section 2840 of 
Tne Code, and 
subsequent laws 
relating to shoot- 
ing of wild fowl 
in Dare county, 
repealed. 
Club houses, etc., 
shall pay license 
tax. 



The General Assembly of North Carolina do enact : 

Section 1. That section two thousand eight hundred and 
forty of [The] Code and all subsequent laws relating to non-resi- 
dents shooting wild fowl afloat in the waters of Dare county are 
hereby repealed so far as the same applies to Dare county. 

Sec. 2. That each and every club-house, shooting lodge or 
other place of resort for sportsmen in said county shall pay a 
license tax to go to the school fund of said county of twenty-five 
dollars per annum, which shall entitle the members of said club 
or shooting lodge and the guests thereof to shoot wild fowl afloat 



1899— Chapter 133—134. 265 

without further taxation within four miles of the said club-house when within 
or shooting lodge. Any and all non- residents who shall shoot ctub-house° f 
from any boat or floating battery in the waters of said county 
unless within four miles of some licensed club-house or lodge of 
which he may be a member or guest shall forfeit and pay to the 
use of the school fund of said county twenty- five dollars for each 
and every offense and shall be guilty of a misdemeanor, punish- 
able by a fine of not more than fifty dollars or imprisonment of 
not more than thirty days. 

Sec. 3. Any house for which the license tax of twenty- five dol- Shooting club 
lars is paid as herein provided shall be considered a shooting 
club or lodge within the meaning of this act: Provided, any citi- Proviso, 
zen may take out non-residence license for purpose of shooting Any one may 
wild fowl on payment of license tax of ten dollars for each and residence^icense. 
every battery so used. 

Sec. 4. It shall be the duty of the sheriff and his deputies, Violation of this 
every constable and justice of the peace for Dare county who 
may have reason to believe from information or otherwise that 
the provisions of this law have been violated, to diligently in- 
quire and ascertain the facts of said violation. And said justice 
of the peace to issue a warrant for each violation thereof and 
bring the offender to trial and impose the provisions of this act 
by due process of law, and willful negligence in so doing shall be 
a misdemeanor. 

Sec. 5. This act shall apply to the part of Dare county lying shall apply to 
south of line passing east and west through the extreme north Dare county, 
end of Roanoke island only, and the law heretofore in existence 
shall be and continue in full force and effect in all other parts of 
said county. 

Sec. 6. This act shall be in full force and effect from and after 
its ratification. 

Ratified the 21st day of February, A. D. 1899. 



CHAPTER 134. 



An act entitled an act to repeal chapter one hundred and forty, of private 
laws of eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter one hundred and forty of the private Repeals act to 
laws of eighteen hundred and ninety-seven, entitled "An act to Northampton by 
work the roads in Northampton county by taxation,'' ratified on taxation, 
the ninth day of March, eighteen hundred and ninety seven, be 
and the same hereby is repealed. 



266 



1899— Chapter 134—135—136. 



Road tax of li 
covered into 
county fund. 



Restores all laws 
repealed by said 
act. 

County commis- 
sioners to meet 
first Monday in 
February, 1899, 
and appoint 
overseers. 



Sec. 2. That the taxes levied under said act for the year eight- 
een hundred ]and ninety eight be covered into the county treas- 
ury and used as a part of the fund for county expenses so as to 
reduce the levy for that purpose for the year eighteen hundred 
and ninety-nine. 

Sec. 3. That all laws repealed by said act are hereby restored. 

Sec. 4. That it shall be the duty of the board of county com- 
missioners for said county to meet at Jackson on the first Mon- 
day in February, eighteen hundred and ninety-nine, and appoint 
overseers of the several public roads in said county and allot 
hands to work the same under the laws in force prior to the rati 
fication of said act. 

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

Ratified the 14th day of January, A. D. 1899. 



CHAPTER 135. 



An act to repeal chapter sixty-four of the laws of eighteen hundred and 
ninety-seven, relating to live stock in Halifax county. 



Repeals the act 
permitting live 
stock to run at 
large December 
to March. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter sixty-four of the laws of eighteen 
hundred and ninety seven, entitled "An act in relation to live 
stock in Halifax county" be and the same hereby is repealed. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 14th day of January, A. D. 1899. 



CHAPTER 136. 



An act to repeal chapter three hundred and one, laws of eighteen hun- 
dred and ninety-seven, relating to the stock law in Edgecombe county. 



Repeals amend- 
ments of 1897 to 
chapter 106, laws 
of 1885. 



The General Assembly of North Carolina do enact : 

Section 1. That chapter three hundred and one of the laws 
of eighteen hundred and ninety- seven be and the same hereby is 
repealed. 

Sec. 2. That this act take effect upon its ratification. 

Ratified the 14th day of January, A. D. 1899. 



1899— Chapter 137—138—139. 267 

CHAPTER 137. 

An act to repeal chapter two hundred and twenty-three of the laws of 
eighteen hundred and ninety-five. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter two hundred and twenty- three (223) Act repealed, and 
of the public laws of North Carolina for the year eighteen hun- we igher for Dunn 
dred and ninety-five be and the same is hereby repealed and the aDoli s n ed. 
office of cotton weigher for the town of Dunn in the county of 
Harnett is hereby abolished. 

Sec. 2. That this act shall be in full force and effect from and 
after its ratification. 

Ratified the 14th day of January, A. T>. 1899. 



CHAPTER 138. 
An act to prevent fast riding and driving over bridges in Gaston county. 

The General Assembly of North Carolina do enact : 

Section 1. That any person or persons who shall ride or drive Misdemeanor 
any horse or horses, mule or mules or other^ animal or animals drive animal out 
out of a walk over any public bridge in the county of Graston of M^ lk b ?vi® r 
shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined not less than five dollars nor more than fifty dol- Penalty, 
lars or imprisoned not more than thirty (30) days. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 14th day of January, A. D. 1899. 



CHAPTER 139. 



An act to repeal chapter one hundred and twenty-eight, public laws of 
eighteen hundred and ninety-seven, in relation to certain cotton weigh- 
ers in Anson county. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter one hundred and twenty-eight of the Act appointing 
public laws of eighteen hundred and ninety-seven be and the couou weighers 
same is hereby repealed. Morven and 

Sec. 2. That the term of office of cotton weighers elected in pealed, 
pursuance of said chapter of said laws shall not be affected by 



268 



1899— Chapter 139—140—141. 



But weighers ap- 
pointed to hold 
till end of term. 
Successors, how 
chosen. 



said repeal, and the same shall hold their offices for the time they 
were elected, but their successors shall be chosen in the same 
manner as cotton weighers for the towns therein named were 
chosen prior to said repealed act. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 10th of January, A. D. 1899. 



The act repealed. 



Board of county 
commissioners 
restored to rights 
and powers of 
control of con- 
victs, roads and 
bridges 

The convict and 
road commission 
to account to 
board of county 
commissioners 
for property and 
money, aud to 
turn over books, 
vouchers, etc. 



CHAPTER 140. 

An act to repeal chapter three hundred and sixteen of the laws of 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter three hundred and sixteen of the 
laws of eighteen hundred and ninety-seven, entitled "An act to 
create a board of commissioners to manage and control the con- 
vict and road system for Mecklenburg county" be and the same is 
hereby repealed and the rights and powers of the board of com- 
missioners of said county in all matters pertaining to the roads 
and bridges of said county, and to the convicts engaged in work- 
ing the roads thereof, shall be as they were when the act hereby 
repealed was ratified. 

Sec. 2. That it shall be the duty of the convict and road com- 
missioners now in office under the provisions of the act which is 
hereby repealed to deliver to the board of county commissioners of 
said county or their duly authorized agents all the property now in 
their possession which belongs to the county and which is used 
and held by them under the provisions of said act, and to ac- 
count for all money that came to their hands and to deliver to 
the county commissioner all their books of account and their 
vouchers so that the board of county commissioners may be able 
to ascertain what sums have been expended by the convict and 
road commission created by the act which is hereby repealed. 

Sec. 3. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 14th day of January, A. D. 1899. 



Number in- 
creased from 
three to five. 



CHAPTER 141. 

An act increasing the number of county commissioners for Jones county. 

The General Assembly of North Carolina do enact : 

Section 1. That the number of commissioners for the county 
of Jones is hereby increased to five for the term ending on the 
first Monday in December, nineteen hundred. 



1899— Chapter 141—142—143. 269 

Sec. 2. That J. Hiram Bell and W. B. Hargett be and the same J. Hiram Bell and 
are hereby elected additional commissioners for the county of added. arge 
Jones for the term ending on the first Monday in December, 
nineteen hundred. 

Sec. 3. That their terms shall begin on the ratification of this Their term be- 
act and shall continue till the first Monday in December, nine- 8ins ' 
teen hundred. 

Sec. 4. That on the ratification of this act or as soon thereafter To quaiif.v;and 
as practicable they shall qualify by taking the oath of office now en^kj*' 1 ^ 1 pres " 
prescribed by law for county commissioners, and they shall meet 
with the present county commissioners for said Jones county 
and they, the said J. Hiram Bell and W. B. Hargett, together 
with the present county commissioners, shall be and constitute 
the board of commissioners of Jones county. 

Sec. 5. That if a majority of said board shall so desire, they Majonty of board 
may reorganize by electing one of their number chairman. may reorganize. 

Sec. 6. That all laws and clauses of laws in conflict with this 
act be and the same are hereby repealed. 

Sec. 7. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 16th day of January, A. D. 1899. 



CHAPTER 142. 



An act to repeal chapter two hundred and sixty-nine of the public laws 
of eighteen hundred and ninety-five. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter two hundred and sixty-nine of the Repeals the act 
public laws of eighteen hundred and ninety-five'be and the same r !:l a **°?A *^ r " 

•* fr'Sb upon LdxcS m 

is hereby repealed : Provided, that nothing contained in this act Chatham county, 
shall apply to taxes levied prior to January the first, eighteen ply to taxes levied 
hundred and ninety-nine. u^mt™™* 

Sec. 2. That this act shall be in force from and after its ratifi- p ™ vi so. 
cation. 

Ratified the 16th day of January, A. D. 1899. 



CHAPTER 143. 

An act to appoint a cotton weigher for the town of Dunn, Harnett county. 

The General Assembly of North Carolina do enact : 

Section 1. That all cotton sold in bales in the town of Dunn, Baled cotton to 

Harnett county, shall be weighed by a sworn cotton weigher, sworn w'eMier 

who shall give a bond to be approved by the board of county under bond ap- 

1 L J J proved by county 

commissioners. 



270 



1899— Chapter 143—144. 



Compensation 
eight cents a 
bale, paid by 
buyer. 

Term of office. 



Appointed by 
board of county 
commissioners. 

Chairman to 
convene board 
in extra session. 



cominissioners in the sum of five hundred dollars for the faithful 
performance of his duties. 

Sec. 2. That the cotton weigher provided for by this act shall 
receive as compensation eight (8) cents for each bale weighed, to 
be paid by the buyer. 

""; Sec. 3. That the term of office of said weigher shall be one 
y^ar beginning on the fifteenth day of January of each year. 

Sec . 4. That said cotton weigher shall be appointed by the 
board of county commissioners of said county. 

Sec. 5. That the chairman of said board shall convene said 
board in extra session after five days' notice for the purpose of 
making the appointment provided for in this act. 

Sec. 6. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the loth day of January, A. D. 1899. 



Chapter 242, laws 
of 1897, is re- 
pealed. 



Chapter 50 of The 
Code, except 
section 2059, with- 
out amendments, 
declared to be in 
force in said 
county. 

Amends section 
2016 of The Code, 
and states fee for 
service of notice 
by the sheriff. 



Amends section 
2017 of The Code 
substituting six 
for ten. 



Amends section 
2019 of The Code 
and states fee 
for summons of 
hand by over- 
seer. 



CHAPTER 144. 

An act to provide for working public roads in Washington county. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter two hundred and forty-two (242) of 
the laws of eighteen hundred and ninety-seven, entitled "An act 
to provide for working public roads in Washington county" be 
and is hereby repealed. 

Sec. 2. That chapter fifty of The Code without any amend- 
ments heretofore made and all sections thereof except section two 
thousand and fifty nine (2059) be and the same are hereby re- 
enacted and declared to be in full force and effect in the county of 
Washington. 

Sec. 3. That section two thousand and sixteen (2016) of The 
Code be and is hereby amended by inserting after the word 
"section" in line ten and before the word "provided" in line ten 
the words, "the sheriff or other officer serving such notice shall 
receive a fee of thirty cents for service of each notice.*' 

Sec. 4. That section two thousand and seventeen (2017) of The 
Code be and is hereby amended by substituting for the word 
"six" in line six the word "ten." 

Sec. 5. That section two thousand and nineteen (2019) of The 
Code be and is hereby amended by inserting after the word 
"road" in line four and before the word "but" in line four the 
words: "Such overseer shall receive fifteen cents, to be paid by 
the board of commissioners for each hand summoned not exceed- 
ing twenty and not exceeding four times in one year," and by in- 
serting in line five instead of the word "two" the Avord "four." 



1899— Chapter 144—145. 271 

Sec. 6. That it shall be the duty of the board of commissioners Board of county 
of Washington county on the first Monday in February, eighteen to^pportiorfroad 

hundred and ninety-nine, and at each meeting thereafter, to ap- tnn & collected 

. ' , . , _ , . under act of 1897 

portion between the different boards of supervisors of Washing- according to 

ton county all the money that shall ,have been collected up to mileage 1 . 13 
that time under and by virtue of chapter two hundred and forty- 
two of the laws of eighteen] hundred and ninety-seven according 
to the mileage of their respective townships, to be by such super- 
visors used for working the roads of their] townships. 

Sec. 7. That said board of commissioners for any failure to Penalty for fail- 
make the apportionment required in the preceding section shall f^na* apportion 
be liable to a penalty of one hundred dollars each, to be recov- 
ered by any person suing for the same. 

Sec. 8. That this act shall apply only to Washington county. Applies to Wash- 

Sec. 9. That all laws and clauses of laws in conflict with this j^ 011 coun ty 
act are hereby repealed. 

Sec. 10. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 18th day of January, A. D. 1899. 



CHAPTER 145. 

An act for the better government of Hertford county. 

The General Assembly of North Carolina do enact : 

Section 1. That A. I. Parker, J. C. Venson, Jesse H. Mitchell, Five additional 
Joseph Of. Majett and B. F. Williams, of Hertford county in this Sol^ofcom mis- 
state, be and they are hereby appointed members of the board sionersof Hert- 

ford county. 
of commissioners of said Hertford county with the same rights 

and powers and subject to the same duties and liabilities as mem- 
bers of said board as if they had been duly elected at the last 
general election in said county. 

Sec. 2. That the three commissioners elected in said county at Five appointees 
the last general election and the five appointed in this act shall wrththe^hree 1 

constitute the board of commissioners for Hertford countv, after elected to consti- 

J tute the board, 

they have taken the oath of office before the clerk of the supe- 
rior court of said county or some acting justice of the peace of 
said county. 
Sec. 3. That on the first Monday of February, eighteen nun- The five to meet 

dred and ninety-nine, the five commissioners provided for in this 2"^^ * he three 

, first Mouday in 

act shall meet in session with the three commissioners now in February, 1899, 

office in the court-house in said county for the transaction of chairman! e ° 

such business as may come before them, and they may organize 

the board by the election of one of their number as chairman of 



272 



1899— Chapter 145. 



Compensation 
not to exceed 
$1 per day and 
mileage. 
Majority of the 
board to control 
action. 



They may ex- 
amine county 
and township 
official bonds and 
declare vacancies, 
first giving ten 
days' notice to file 
satisfactory bond. 



The board to fill 
vacancies by ap- 
pointment; bond. 



Acceptance of 
corporate surety 
not compulsory. 
(See proviso be- 
low). 



In estimating 
sufficiency of 
bond, what to be 
considered lia- 
bilities. 



Proviso, not to 
apply to surety 
company having 
deposit of 150,000 
with state 
treasurer. 
Office of county 
treasurer re- 
established, and 
to be filled by the 
board at first 
meeting under 
this act. 



What vacancies 
may be filled by 
the board. 



said board: Provided, no member shall receive more than one 
dollar per day and mileage for each day attended by him. 

Sec. 4. That a vote of the majority of the board as constituted 
under this act shall control the action of the board in all matters 
before the board for consideration. 

Sec. 5. That .said board of commissioners when they meet to 
organize under this act or at such other times as they may deem 
proper, may examine all the official bonds of the county and 
township officers of said county, and if a majority of the board 
are not satisfied with the sufficiency of the surety or sureties of 
any bond of any such officer the chairman of the board shall 
cause notice to be served by the sheriff of the county or some 
constable in said township on such officer or officers to appear 
before the board of commissioners on a day to be named in said 
notice, which shall be at least ten days after the service of said 
notice, and gi\e bond or bonds which shall be satisfactory to the 
majority of said board of commissioners, and upon failure of any 
such officer so to do the board shall have powers to at once de- 
clare the office vacant and proceed to fill the same by the ap- 
pointment of some other person, and upon such appointee exe- 
cuting to the board a satisfactory bond or bonds as required by 
law and taking the oath of office he shall be inducted into office. 

Sec. 6. That the board of commissioners shall not be compelled 
to receive any indemnity insurance or trust company or compa- 
nies or other corporations as surety on any official bond required 
by law to be taken by them, and all official bonds of executors, 
administrators and guardians may be considered liabilities in 
passing upon the sufficiency of any official bond offered to them: 
Provided, that when any officer has been inducted into office on 
a bond or bonds executed by any guarantee company authorized 
to do business in this state he shall not be required to renew or 
give additional bond or bonds until he is required to renew his 
bond or bonds at the end of an official year, or at the beginning 
cf a new term of office: Provided further, that this section shall 
not apply to any surety company which has a deposit with the 
treasurer of the state of North Carolina not less than fifty thou- 
sand dollars. 

Sec. 7. That the office of county treasurer of Hertford county 
is hereby re-established, and the said board of commissioners 
shall at their first meeting under this act proceed to elect a treas- 
urer for said county, and upon his giving the bond required by 
law and taking the oath of office he shall be inducted into said 
office and shall have all the rights and powers and be subject to 
all the duties and liabilities provided by law. 

Sec. 8. That all vacancies in the office of register of deeds, 
board of county commissioners, sheriff, tax collectors, coroner. 



189U — Chaptek 1.45—146. -273 

supervisor, township constable, treasurer, supervisor of public 
schoois and county board of education shall be filled by the board 
of commissioners of said county. 

Sec. 9. That the above sections of this act shall remain in force The preceding 

and effect until the new board for said countv can be elected and !5S,l??J! iij re " 

* iiiHiLi id lore© 

inducted into office under the general laws of the state. until a board is 

Sec. 10. That all of the county and township officers shall be office after elec- 

required to renew their bonds on the first Monday in December, g^fera^laws. e 

eighteen hundred and ninety nine, and annually thereafter: townTr ty ffi Dd 

Provided, thai this act shall not deprive the board of commis- required to renew 

iii. -1.1.1 • n .-.,,... bonds first Mon- , 

sionersot the right to examine and pass upon said bond or bonds day in December, 

provided [for] in section five of this act. 1899 - 

Sec. 11. That the secretary of state shall certify a true copy of secretary of state 
this act under the great seal of the state within three davs after to certify copy of 

•i 2,'js' i- !.,■»• n ,, this act to chair- 

lts ratification to the cliairman of the board of county commis man of board 

sioners of Hertford county at Winton. North Carolina, and said Ss! nthree 

chairman shall at once cause notice to be served on the five com- man^notlfy*" 1 "" 

missioners appointed in this act of their appointment, which no- appointees at 
tice shall be served by the sheriff or by a constable. 

Sec. 12. That section one of chapter one hundred and fourteen chapter 114, 

(114) of the public laws of eighteen hundred and ninety-five be section 1 public 

and the same is amended as follows: Inline one insert between amended, so that 

the words "of" and "Northampton" the word "Hertford," and sioners ofHert 118 " 

strike out the word "county" in said section and insert "coun- ap^omt tax fou 

ties" and in line five of said section strike out the words "for said lectors - 
counties" and insert the words "for their respective counties.". 

Sec. 13. That this act shall only apply to Hertford county. 

Sec. 14. That all laws and clauses of laws in conflict with this 
act are hereby repealed. 

Sec. 15. That this act shall take effect from and after its ratifi- 
cation. 

Ratified the 19th day of January, A. D. 1899. 



CHAPTER 146. 

An act for the relief of W. M. Watson, clerk of the superior court of 
Craven county. 

Section 1. That William M. Watson, clerk of the superior 
court of Craven county, be allowed to absent himself from his clerk of superior 
office of clerk on the second, third and fourth Mondays of August be BbMnt°from to 
and the first Monday of September in the years one thousand te m °da C ? s on ' '*''" 
eight hundred and ninety -nine and nineteen hundred and to be 
18 



274 



1899— Chapter 140—147—148. 



exempt from the provisions, penalties and liabilities mentioned 
in sections one hundred and fourteen and one hundred and fifteen 
of The Code: Frovided, that said clerk shall leave a competent 
deputy to perform all duties authorized to be performed by said 
deputy. 

Sec. 2. That this act shall he in full force from and after its 
ratification. 

Ratified the 23d day of Januarv, A. 1). 1899. 



Commissioners 
of Edsecombe 
county ern pow- 
ered to uppoint 
two additional 
cocnmiss'oners- 
term of office. 



Five commis- 
sioners t<> be 
elected 



Laws repealed, so 
far as they 1 elate 
to Edgecombe 
county. 



CHAPTER 147. 
An act to increase the number of commissioners of Edgecombe county. 
The General Assembly of North Carolina do enact : 

Section 1. That the board of commissioners of Edgecombe 
county be and they hereby are authorized and empowered to ap- 
point at their next regular meeting after the ratification of this 
act two additional members of said board, who shall have the 
same powers and duties as the present members of said board 
have and who shall hold their office until the next election of 
commissioners for said county. 

Sec. 2. That at the next election for commissioners held in said 
county and every two years thereafter there shall be elected in 
said county of Edgecombe five commissioners, with the powers 
and duties which are now or may hereafter be prescribed by law" 
for county commissioners. 

Sec. 3. That all law r s and clauses of law's in conflict with this 
act be and they hereby are repealed in so far as they apply to 
Edgecombe county. 

Sec. 4. That this act be in force from its ratification. 

Ratified the 24th day of January, A. 1). 1899. 



CHAPTER 148. 



Chapte> 290. pub- 
lic laws of 1897, 
relating 10 
election of audi- 
tor for Bucombe 
county, repealed. 



An act to repeal chapter two hundred and ninety, of the public laws of 
eighteen hundred and ninety-seven, entitled " An act authorizing the 
commissioners of Buncombe county to elect a county auditor." 

The General Assembly of North Carolina do enact : 

Section 1. That chapter two hundred and ninety, public laws 
of eighteen hundred and ninety-seven, is hereby repealed. 

Sec. 2. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 24th day of Januarv. A. D. 1899. 



1899— Chapter 149-150—151. 275 

CHAPTER 149. 
An act for the relief of the superior court clerk of Clay county. 
The General Assembly of North Carolina do enact : 

Section 1. That the clerk of the superior court of Clay county clerk of ciay 
be relieved of so much of section eighty (80) of The Code of North relieved of at- 
Carolina as requires said clerk to give due attendance in person son^y^iutv on 
or by deputy at his office on Tuesdays, Wednesdays and Thurs- certain days, 
days: Provided, however, that said clerk shall attend at his office 
every day except Sunday during the week of the term of the su- 
perior court for said county and for ten days previous thereto. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th dav of January, A.. D. 1899. 



CHAPTER 150. 



An act to repeal chapter ninety-nine of the laws of eighteen hundred and 
ninety-seven, entitled an act to establish a free ferry on Chowan river 
at Barfieid. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter ninety-nine of the public laws of eight Repealed, 
een hundred and ninety- seven be and the same is hereby re- 
pealed. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January. A. J). 1899. 



CHAPTER 151. 



An act to amend chapter two hundred and fifty-three, public laws of 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

Section 1. That chapter two hundred and fifty three of the chapter 253, pub- 
public laws, eighteen hundred and ninety seven, be amended by r^ateTto work- 
adding the following section thereto: That any superintendent, C erta?n V1Ct ds°^n 
superior or other officer or employee of the penitentiary violating Anson county. 

t t c i.u • • c i.-u- j. i n' t_ -ii. Misdemeanor for 

or disregarding any of the provisions of this act shall be guiltv employee or of- 

of a misdemeanor. * ' g^W^ 

Sec. 2. That this act shall be in force from and after its ratifi- provisions of 

said act. 
cation. 

Ratified the 24th day of January. A. 1). 1899. 



276 



1899— Chapter 152—153. 



CHAPTER 152. 

An act to repeal chapter five hundred and fifty-eight, laws of eighteen 
hundred and ninety-seven, and for the protection of ce'rtain birds in 
Camden county. 



Tbis act places 
residents and 
non-residents 
upon the same 
footing as to 
hunting in 
Camden county. 
Unlawful to kill 
or destroy mock- 
ing-birds in said 
county. 

Unlawful to hunt 
or kill partridges 
from March 1st to 
October 15th. 



Penalty. 



The General Assembly of North Carolina do enact: 

Section 1. That chapter five hundred and fifty eight of the 
public laws of the session of one thousand eight hundred and 
ninety-seven (1897) be and the same is hereby repealed. 

Sec. 2. That it shall be unlawful to kill or destroy in any way 
mocking birds in the county of Camden. 

Sec. 3. That it shall be unlawful to hunt or kill partridges in 
the county of Camden from the first day of March till the 
fifteenth (15th) of October in each and every year. 

Sec. 4. That any person violating this act shall be guilty of a 
misdemeanor and subject to a fine of not exceeding fifty dollars 
or imprisonment not exceeding thirty days. 

Sec. 5. This act shall be in force from its ratification. 

Ratified the 24th day of January, A. D. 1899. 



Geo. L. Mardre 
and I. S. Norfleet 
elected county 
commissioners. 



Five commission- 
ers to be elected 
every two years 
hereafter in 
Bertie. 



How inducted 
into office. 



CHAPTER 15:5. 
An act to increase the number of commissioners for Bertie°county. 

The General Assembly of North Carolina do enact : 

Sectiok 1. That George L. Mardre and I. S. Norfleet are hereby 
elected commissioners of the county of Bertie and that they shall 
have the same powers and duties as the present members of the 
said board of county commissioners and who shall hold their 
office until the next election of commissioners for said county. 

Sec. 2. That at the next election for commissioners held for 
said county and every two years thereafter there shall be elected 
in said county of Bertie five commiss ioners with the powers and 
duties which now are or may be hereafter prescribed by law for 
county commissioners. 

Sec. 3. That the commissioners herein named shall qualify 
and be inducted into office by filing the necessary oath^before the 
clerk of the superior court of Bertie county. 

Sec. 4. That all laws, parts and clauses of laws in conflict with 
this act be and the same are hereby repealed in so far only as they 
relate to Bertie county. 

Sec. 5. This act shall be in force from and after its ratification. 

Ratified the 24th day of January. A. D. 



1899— Chapter 154—155—156. 277 

CHAPTER 154. 
An act to encourage tbe killing of certain wild animals in Graham county. 

The General Assembly of North Carolina do enact: 

Section 1. That the commissioners of the county of Graham Commissioners o i 
-.,-,.-,-, -, j_ ± Graham autho- 

be authorized and empowered to pay to any person or persons rized to pay 85 

the sum of five dollars ($5) for each and every panther or wolf p a r n ™j D o s r wolf 

killed in said county, and the sum of two dollars for each wild and $2 for killing 

cat killed: Provided, that the person or persons claiming to have p rov i SO 

killed any one of the aforesaid animals shall furnish satisfactory 

evidence to the county commissioners of said county. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January, A. D. 1899. 



CHAPTER 155. 



An act to repeal chapter two hundred and twenty, public laws of eighteen 
hundred and ninety-seven, relative to cotton and peanut weighers for 
Edgecombe county. 

The General Assembly of North Carolina do enact: 

Section 1. That chapter (220) two hundred and twenty, public Repeals chapter 
laws of eighteen hundred and ninety-seven (1897), relative to cot- of i897, which 78 
ton and peanut weighers for Edgecombe county, be and the same a |f < ia ded f V^i ter 
is hereby repealed. aad chapter 509, 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January, A. D. 1899. 



CHAPTER 156. 

An act to amend chapter one hnndred and fifty-four, public laws 
eighteen hundred and ninety-seven. 

The General Assembly of North Carolina do enact : 

Section 1. That the words "written consent" in line three. Relating io hunt- 
section one, chapter one hundred and fifty- four, public laws county— amended 

eighteen hundred and ninety-seven, be stricken out and the word s0 as \° require 

J permission. 

" permission" be inserted instead, and in section two, lines two Penalty, 

and three of the same chapter the words "less than five nor" be 

stricken out. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January, A. D. 1899. 



278 



1899— Chapter 157—158—159. 



CHAPTER 157. 



An act to protect game in the county of Randolph. 



Unlawful to huut 
or offer for sale 
wild turkeys in 
Randolph county 
from February 
1st to December 
1st 

Unlawful to net 
or trap partridges 
in said county. 



Penalty. 



The &em ral Assembly of North Carolina do enact: 

Section 1 . That it shall be unlawful for any person to capture, 
kill or hunt with dogs or gun or offer for sale any wild turkey in 
the county of Randolph between the first clay of February and 
the first day of December in each year. 

Sec. 2. That it shall be unlawful to net or trap quail or par- 
tridges in Randolph county. 

Sec. 3. That any person violating the provisions of this act 
shall be guilty of a misdemeanor and upon conviction shall be 
fined not exceeding fifty dollars or imprisoned not exceeding 
Thirty days. 

Ratified the '24th day of January. A D. 1899. 



CHAPTER 158. 

An act to repeal chapter three hundred and sixty-seven (367). public 
laws of eighteen hundred and ninety-seven. 



Chapter 367, pub 
lie laws of 1897, 
regulating the 
keeping of stock 
in Tyrrell county, 
repealed. 



The General Assembly of North Carolina do enact: 

Section 1. That chapter three hundred and sixty seven, public 
laws eighteen hundred and ninety seven, be and the same is 
hereby repealed. 

Sec. 2. That this act shall be in force from and after its ratifi- 
cation. 

Ratified the 24th day of January. A. D. 1899. 



CHAPTER 159. 



Commissioners of 
Bertie county 
authorized to 
borrow $5,000 to . 
pay outstanding 
obligations. 



An act to authorize the county of Bertie to borrow money, issue bonds, 
and levy a special tax. 

The (rent ral Assembly of North Corolina do enact : 

Section 1. That for the purpose of paying outstanding county 
orders and of commuting and providing for the payment of two 
bonds of five hundred dollars each, now held by W. T. Heekstall, 
the commissioners of Bertie county are hereby authorized and 
empowered to borrow not exceeding five thousand dollars at a 
rate of interest not exceeding six per centum per annum, to be 
paid January and July of each year. 



1899— Chapter 159. 279 

Sec. 2. That said bonds shall be signed by the chairman of the Bonds to be 
board of commissioners of Bertie county and countersigned by nmifand counter"- 
the clerk of said board and shall express upon their face the pur- ^"board clerk of 
pose for which they were issued ; and theie shall be attached coupons payable 
thereto interest coupons calling for the payment of the interest semi-annually, 
thereon semi-annually from the date of said bonds. 

Sec. 3. That said bonds shall be issued in denominations of 
one hundred dollars each, and That ten of said bonds shall be Bonds to be of 
come due and payable four years after the date thereof; and ten eac ' 
more of said bonds shall become due and parable each succeed- The place of pay-" 
ing year after the maturity of the first ten bonds until all snail pressed on ihe - ,- 
be paid, which time of payment shall be expressed on the face of faceof the bonds - 
said bonds, together with the place where w same shall be payable. 

Sec. 4. That the commissioners of the said county are hereby commissioners 
required at the time of levying other county taxes to levy annu speciaf tax CVy 
ally an additional special tax sufficient in amount to pay the in- 
terest on said bonds and so much of the principal of said debt as 
may fall due during the next succeeding year after such levy, 
together with the costs and charges incident to said tax upon all Tax upon all 
subjects of county taxation in said county as aforesaid until the taxation '.' C ° Un y 
final payment of said bonds shall be provided tor. maintaining 
the constitutional equation and rates of taxation between the 
tax upon property and the poll. 

Sec. 5. That said taxes shall be collected by the sheriff of said special tax to be 
county whose bond shall he liable therefor as for other county countvtix S s 0ther 
taxes, and he shall pay over the same to the county treasurer in 
like manner as other county taxes are paid, and to pay over and 
account for same according to Jaw. 

Sec. 6. That for the purpose of procuring the said loan the commissioners^ 
said commissioners are authorized to advertise for bids for the foAh^bonds bidS 
whole or any part thereof, and may accept or reject any or alljof 
such bids or dispose of said bonds in any other manner which in 
their discretion they may deem best for the interest^of said But may not dis- 
eounty: Provided, however, that no bond shall be sold for less- J^i t.han'mr 8 and 
than par and accrued interest. accrued interest. 

Sue. H. That the clerk of said commissioners shall keep a book cierk of the board 

in which he shall keep an account of the number and denomina- p^lte rao^d of* 

tion of said bonds issued as aforesaid and to whom the same are ljon,1s and cou- 
pons, 
payable. Said clerk shall also keep an accurate account of the 

bonds and coupons attached to said bonds which shall be paid, 

taken in or otherwise cancelled, so that by inspection of said 

books the true status of the bonded debt of said county herein 

provided for may lie readily ascertained. The said book shall at 

all times beopeu to the inspection of any taxpayerof said county. 

Sec. 9. That as soon as the said bonds are issued, -igned and 

countersigned as herein provided, the said commissioners shall 



280 



1899— Chapter 159—160. 



Bonds when 
issued placed in 
hands of the act 
ing county treas- 
surer, who shall 
countersign and 
deliver to pur 
chaser under 
order. 



Treasurer to 
make out and 
return record of 
transactions 
Treasurer to be 
responsible for 
custody. 



Misdemeanor to 
use funds for any 
other purpose 
than specified 



place the same in the hands of the treasurer of said county, or in 
the hands of the sheriff if there is no treasurer, who shall coun- 
tersign the same and deliver them to such purchasers upon their 
compliance with such terms as may be designated by said board 
of commissioners by special order entered of record in their pro- 
ceedings, and the said treasurer or sheriff if there be no treasurer 
shall make out and return to the said commissioners an accurate 
account of the number and denomination of said bonds and to 
whom and when delivered and the said treasurer or sheriff, if 
there be no treasurer, shall receive all proceeds of the sale and 
disposal of said bonds, hold said proceeds subject to the order 
and direction of said board and be responsible for the safe cus- 
tody and keeping of said proceeds as by law it is now provided 
he shall be, and is responsible for the custody and keeping of the 
moneys of said county as treasurer of said county or as sheriff 
acting as treasurer. 

Sec. 10. That it shall be unlawful and a misdemeanor to use 
the funds arising from the sale of said bonds for any purpose 
other than those expressed in this act. 

Sec. 11. That this act shall be in force Iron: and after its ratifi- 
cation. 

Ratified the 24th dav of .January, A. D. 1899. 



CHAPTER 160. 



An act to promote temperance. 



Selling or giving 
intoxicants to 
minors a misde- 
meanor. 



Penalty. 
Proviso. 



Applies only to 
Dare county. 



The General Assembly of North Carolina do enact : 

Section 1. That it shall be a misdemeanor for any per sen or 
persons to sell, give or otherwise dispose of, either directly or in 
directly, any spirituous or malt liquors, wine or other intoxicant 
to any other person under the age of twenty one years, and for 
every offense the party offending shall be fined not less than five 
nor more than fifty dollars: Provided, this act shall not prohibit 
parents or other persons from giving to any minor intoxicating 
liquors in good faith for medical purposes. 

Sec. 2. That this act shall apply only to the county of Dare. 

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

Sec. 4. That this act shall be in force from and after its ratifi 
cation. 

Ratified the 26th day of January. A. D. 1899. 



1899— Chapter 161—162 281 

CHAPTER 161. 

An act to amend section one thousand nine hundred and six of The Code. 

The General Assembly of North Carolina do enact : 

Section 1. That section nineteen hundred and six of The Code Section i906,code. 
be and the same hereby is a mended by adding at the end thereof ^uthorfzed to sell 

the following: Provided further, that no clerk of a court shall in partition pro- 

ceedings. 
appoint himself or his deputy to make sale of real estate or other Proviso. 

property in any proceeding before him. 

Sec. 2. That all laws and clauses of laws in conflict with this Conflicting laws 
amendment be and the same are hereby repealed. repealed. 

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

Ratified the 26th day of January, A. 1). 1809. 



CHAPTER 162. 
An act to improve the roads in Anson county. 

The General Assembly of North Carolina do enact : 

Section 1 That the boaid of commissioners of Anton county Commissioners 
be and they are hereby authorized, empowered and directed to K^eT^ction 
submit to a vote of the qualified voters and electors of AVadesboro to ascertain 

, , . wnetner bonds 

township in said county on the first Tuesday in May, eighteen shall be issued 

hundred and ninety nine, the question, Shall Wadesboro town in Wadelboro dS 
ship in the county of Anson, state of North Carolina issue twenty town ship. 
five thousand dollars of its bonds with interest coupons attached Question to be 
to repair, make and improve the public roads in said township V submitted - 
Said board of commissioners shall for at least thirty days preced 
ing said election give public notice of said election and the pur Noticeof election, 
pcs'e thereof by publication in one or more newspapers published 
in said township. 

Sec. 2. That said election shall be held and be conducted in Election, how 
the same manner as may be prescribed by law for holding elec- held ' 
tions for members of the general assembly: Provided, however, Proviso, 
that said board of commissioners shall appoint the registrar or 
registrars of election and the judges and inspectors of election 
and any other election officers necessary to said election, and reg- Registration and 
istration of votes and challenge of voters shall be conducted in votel! Dge ° f 
like manner as is provided for in elections of members of the gen- 
eral assembly, and said commissioners may or may not order new 
registration for said election. The vote shall be counted at the Votes, how 
close of the polls and returned to the said board of commissioners reTu^eV 11 ' 1 
on Thursday next following the election, and said commissioners 



282 



1899— Ghapter 162. 



Ballots, ;what to 
be upon. 



Bonds, who shall 
issue, and de- 
nominations. 



Bands, total 
amount of. 

Bonds, interest 

rate of. 

Ou pons, whom 

payable. 



Principal, pay- 
able when. 



Signed by whom, 



Seal 

Bonds, how 

styied. 
Liability for 
bonds and 
coupons 



Suit upon bonds 
or coupons 
against whom 
brought. 



Taxes levied to 
pay bonds and 
coupons shall be 
upon what prop- 
erty 



shall tabulate and declare the result of the election, all of which 
shall be recorded in the minutes of the board of commissioners, 
and no other recording and declaration of the result of said elec- 
tion shall be necessary. 

.Sec. 3. That at said election the ballots tendered and cast by 
the qualified electors shall have written or printed upon them 
"For good roads'' or "Against good roads." All qualified elec- 
tors who favor the issueof said bonds shall vote "For. good roads.'" 
All qualified voters who are opposed to the issue of said bonds 
shall vote "Against good roads." 

Sec. !. In the event that the requisite majority of the qualified 
electors of said township shall vote "Forgood roads" at said elec- 
tion and the result shall be declared and recorded as aforesaid, 
the board of commissioners shall have prepared and issued bonds 
in denominations not exceeding one thousand dollars, and not 
less than one hundred dollars, the total amount not to exceed 
that provided for in the first section of this act, and said bonds 
shall bear the rate of six per centum per annum, with interest 
coupons attached payable semi annually on the first days of Jan- 
uary and July during the time of their running, and the princi- 
pal thereof shall be payable or redeemable at such time or times 
not exceeding twenty five years from the date of their issue, as 
the said board of commissioners of Anson county may determine. 
Said bonds and coupons shah be payable at the banking house 
of the First National Bank of Wadesboro in the town of Wades- 
boro. county aforesaid. Said bonds and coupons shall be signed 
by the chairman of said board of commissioners and counter- 
signed by the clerk of said board of commissioners, and said 
bonds shall have upon them the seal of the said county. Said 
bonds shall be styled "Wadesboro township road bonds" and 
issued as such and liability for the payment thereof with their 
interest represented by coupons as aforesaid, and any other in- 
terest on the bonds or coupons shall be attached to and imposed 
upon the political division of said county known as Wadesboro 
township as constituted at the time of the aforesaid election here- 
inbefore provided for. If any holder of said bonds or coupons 
shall bring any suit on account of the same said suit, action or 
proceeding shall be against the board of commissioners of Anson 
county; and it any holder of such shall recover judgment against 
said board of commissioners said political, division known as 
Wadesboro township or that part of said county now embraced 
in said township shall be liable for any recovery or judgmeni so 
obtained, and levies of taxes for the payment of said bonds and 
coupon^ and interest accruing upon either, and costs and judg 
inents concerning or about the same shall be made by proper tax 
levies upon property and subjects of taxation within the territo- 



1899— Chapter 162. . 283 

rial limits of said township as constituted at the time of aforesaid 

election. And said board of commissioners mav bring and main- Power of com- 

,. , . -tit missioners to 

tain any such action, suit or proceeding touching said bonds or bring suit. 

in respect thereto as they might do if said bonds were issued by 
them for the whole county of Anson. 

Sec. 5. That none of the bonds authorized by this act shall be Bonds shall be 
disposed of by sale, exchange, hypothecation or otherwise for a ™\ue l fa ° e 
less price than their face value, nor shall said bonds or their pro Bonds used only 

j u i * u, + , » ^ i for purpose set 

ceeds be used for any other purpose or purposes than those de- out in this act. 

dared by this act. When said bonds are issued they shall be 

numbered consecutively and the coupons attached and issued Bonds, how 

with them shall bear the number of the bond to which they are 

attached , the bonds and coupons shall state on their face when 

they are due and when payable, and said bonds shall show by when due and 

what authority they are issued and what territorial and rfolitical o^fa^eof bond. 

division of said county they are issued on account of. The said -Bonds shall 

J J show authority 

board of commissioners shall have all of their proceedings in re- for issue, and 

spect to said bonds entered in the minutes of their meetings and county they are 

when any of the same are issued the number of the bond, its de- proceedings in 

nomination, date of issue, to whom issued and the number of respect to bonds 

coupons attached must be recorded in said minutes. when. 

Sec. 6. When any of said bonds are sold the proceeds of sale contain!* * ° 

shall be turned over to the county treasurer of Anson county, £ ' nd^uirned 

who shall keep said funds and all other funds provided for in this over t- whom. 

act which may come into his hands separate from all other funds, funds separate 

and he shall keep separate account of the same, and said county Bond't^be given' 

treasurer before anv fund provided for in this act shall be paid ov treasurer— 

x amount of. 

over to him shall execute an official bond payable in the usual 

manner in a sum at least fifty per cent greater than the sum 
which may come into his hands by reason of this act conditioned 
for his faithful safe keeping of the same and rendering true ac- 
count in respect thereto, and in all things holding and disbursing 
and accounting for the same as required by law, which bond Bond, by whom 
shaii be received by the said county commissioners as they pass received ' 
upon, accept and receive other like bonds. And all orders directed orders for pay- 
to said county treasurer for payments of money under this act state 1 ' W at '° 
shall state in their face that they are road orders and to what 
account they are chargeable. 

Sec. 7. That in case the result of said election shall be in favor special road tax. 
of issuing bonds as aforesaid the said board of commissioners of 
Anson county shall levy annually on the first Monday in June of 
each year a special road tax for said Wadesboro township in said 
county of twenty five cents on the one hundred dollars worth of 
property and seventy -five cents on each poll, the subjects of tax. 
ation and levy of raxes to be the same on which the said board 
of count v commissioners now or mav hereafter be auth >rized to 



284 



1899 -Chapter 162. 



Special taxes, 
how collected. 



Sinking fund, 
how invested. 
Bonds purchased, 
to be cancelled. 



Funds, arising 
from sale of 
bonds. 



Chain-gang. 

Machinery, etc. 
may be pur- 
chased. 



Road-bed, how 
wide. 



Notices to j ustices 
to meet with 
commissioners. 



Joint meeting. 



Road commis- 
sioner. 



Oath. 



Bond and 
surety. 



lay and levy taxes upon for general county purposes and the levy 
herein provided for to be limited to said township. The taxes so 
levied shall be collected as other taxes and paid to the county 
treasurer aforesaid as other taxes are paid and the same shall be 
a separate fund and applied first to the payment of the interest 
on said bonds and then to the creation of a sinking fund for the 
redemption of said bonds. And the board of county commis 
sioners may invest said sinking fund and with the same purchase 
any of said bonds, and when they purchase the same they shall 
be cancelled and record made of the same. 

Sec. 8. That said board of county commissioners shall use the 
funds derived from the sale of said bonds for the purpose of con- 
structing and improving the county roads in said township, and 
for such purpose they may establish and maintain a chain-gang 
and work persons convicted of crime and sentenced by a court or 
courts to terms of penal servitude on said public roads; may pur 
chase tools, machinery, appliances, material, stock and all other 
things whatsoever deemed by them necessary for the purpose of 
working convicts or hired free labor on the public roads in said 
township. 

Sec. 9. That the road- beds in said township constructed, pre- 
pared or worked under this act shall not be less than twenty nor 
more than thirty feet wide, at least twelve feet of which shall be 
macadamized as soon as expedient and the whole of which shall 
be made as straight as practicable and graded. 

Sec. 10. That immediately on declaration of the result of said 
election the same being favorable to the issue of bonds and the 
road work herein provided for, the chairman of the board of com- 
missioners of Anson county shall issue notice to each justice of 
the peace in and for Wadesboro township to meet with the said 
board of commissioners in joint sess